Claimant group wins judicial review over retrospective effect of quashing of pre-commencement condition discharge – Local Government Lawyer

Posted September 12th, 2024 in judicial review, news, planning, retrospectivity by tracey

‘The High Court has found that quashing a pre-commencement condition discharge can have retrospective effect and invalidate the commencement of development.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

The interaction between planning legislation and adjacent regulatory regimes – Local Government Lawyer

Posted September 12th, 2024 in licensing, local government, news, planning by tracey

‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Daniel Henderson looks at the lessons from the ruling.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

“Ariyo, Round 2” – Local Government Lawyer

Posted September 10th, 2024 in immunity, interpretation, local government, news, planning by tracey

‘The Court of Appeal recently upheld a High Court decision quashing a grant of planning permission in which the interpretation of a previous permission played a key part, despite finding that the High Court had misinterpreted that previous permission. Roderick Morton explains why.’

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Local Government Lawyer, 5th September

Source: www.localgovernmentlawyer.co.uk

Amber Valley Borough Council v Haytop Country Park Ltd [2024] UKUT 237 (LC) – No. 5 Barristers Chambers

‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Richard Kimblin KC appeared for the appellant Borough Council.’

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No. 5 Barristers Chambers, 30th August 2024

Source: www.no5.com

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

Posted September 4th, 2024 in costs, expert witnesses, health & safety, housing, inquiries, local government, news, planning by tracey

‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’

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Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Developer and director who ignored enforcement notice hit with more than £300k in fines and costs – Local Government Lawyer

Posted September 3rd, 2024 in construction industry, costs, enforcement notices, fines, news, planning by tracey

‘Developers who forged ahead with construction on a residential site despite receiving a temporary stop notice and an enforcement notice have been ordered to pay £120,000 in costs to South Hams District Council.’

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Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

The NPPF and development within the setting of national landscapes – Local Government Lawyer

Posted September 3rd, 2024 in appeals, areas of outstanding natural beauty, judicial review, news, planning by tracey

‘Jack Parker looks at the outcome of a recent case on the effect of the National Planning Policy Framework in relation to development within the setting of a National Landscape.’

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Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal allows appeal by council over imposition of conditions that compromised enforcement notice – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has overturned a decision of the First-Tier Tribunal (Property Chamber), which it said had not been entitled to impose conditions which had the effect of compromising an enforcement notice and would “perpetuate the harm to the landscape and heritage assets identified by the inspector”.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Court backs government over A38 flyover scheme – BBC News

Posted August 28th, 2024 in consultations, environmental health, news, planning, pollution, roads by tracey

‘A judge has thrown out a legal challenge brought by campaigners, which was preventing changes being made to three major road junctions in Derby.’

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BBC News, 28th August 2024

Source: www.bbc.co.uk

Weighty matters – Local Government Lawyer

Posted August 23rd, 2024 in housing, news, planning by tracey

‘The High Court recently addressed a wide range of substantive and procedural issues in planning law in a combined judgment on two claims for statutory review. Robert Williams, Wayne Beglan and Olivia Davies look at the lessons to be learned.’

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Local Government Lawyer, 23rd August 2024

Source: www.localgovernmentlawyer.co.uk

2 become 1 – Local Government Lawyer

Posted August 12th, 2024 in change of use, London, news, planning by tracey

‘Roderick Morton analyses an appeal from an inspector’s decision to grant both a Lawful Development Certificate (LDC) and planning permission for the amalgamation of two flats into one in a residential block of flats by the side of the Thames in Lambeth.’

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Local Government Lawyer, 9th August 2024

Source: www.localgovernmentlawyer.co.uk

Dean v Information Commissioner [2024] UKFTT 330 (GRC) – Landmark Chambers

‘In Dean v Information Commissioner, the First-tier Tribunal (General Regulatory Chamber) considered whether photographs belonging to the planning applicant, which allegedly showed planning notice being displayed, could be disclosed to the public. The judgment is notable, not least for its opening line from The Hitchhiker’s Guide to the Galaxy (more on this in the conclusion), but also for the tribunal’s consideration of the interaction between data protection legislation and the Aarhus Convention in respect of the right to public participation in the planning process. The decision also contains strong criticisms of the Council’s failure to implement planning law adequately.’

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Landmark Chambers, 17th July 2024

Source: landmarkchambers.co.uk

When is a Crematorium Actually a Crematorium? – 39 Essex Chambers

‘On 10 May 2024, the Court of Appeal handed down judgment in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507.
The Court of Appeal dismissed the claimant’s appeal against the High Court’s dismissal of her challenge to the grant of planning permission for a crematorium on land in the parish of Tandridge, near Oxted, Surrey. At first instance ([2023] EWHC 92 (Admin), Timothy Mould KC (sitting as a Deputy High Court Judge) dismissed the claim.’

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39 Essex Chambers, 16th July 2024

Source: www.39essex.com

Law and religion roundup – Law & Religion UK

‘Further to the notices relating to Jonathan Fletcher posted by the Diocese of Southwark and the Metropolitan Police, it is perhaps timely to include a link to the Attorney General’s Note, Contempt of court and social media.’

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Law & Religion UK, 14th July 2024

Source: lawandreligionuk.com

Back to basics – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning by michael

‘Simon Ricketts analyses two High Court rulings this month which provide reminders as to some development management procedural fundamentals.’

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Local Government Lawyer, 19th July 2024

Source: www.localgovernmentlawyer.co.uk

High Court rules for first time on water neutrality – Local Government Lawyer

Posted July 19th, 2024 in local government, news, planning, water by michael

‘The High Court has dismissed the first challenge to an Inspector’s decision which refused planning permission for a development on grounds of water neutrality. Matt Lewin explains why.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Appropriate assessment and multi-stage consents – Local Government Lawyer

Posted July 18th, 2024 in EC law, environmental protection, news, planning by michael

‘The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Habitats Assessments: It’s not too late and everything is included – 4-5 Gray’s Inn Square

Posted July 17th, 2024 in chambers articles, environmental protection, news, planning, regulations by tracey

‘The Court of Appeal has held that regulation 63 of the Conservation of Habitats and Species Regulations 2017/1012 can require an assessment (i.e. a habitats regulations assessment, “HRA”) to be undertaken at the discharge of conditions stage – even if the outstanding conditions do not themselves concern habitats matters. This is important because it means the discharge of conditions cannot simply ride on the coat-tails of the outline permission.’

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4-5 Gray’s Inn Square , 15th July 2024

Source: www.4-5.co.uk

Important Privy Council decision on standing in environmental cases – 39 Essex Chambers

‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’

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39 Essex Chambers, 9th July 2024

Source: www.39essex.com

Carbon emissions and causation: R (Finch) v Surrey County Council and ors – 4 New Square

‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’

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4 New Square, 2nd July 2024

Source: www.4newsquare.com