Hopeless but not the same? – Local Government Lawyer

Posted November 11th, 2024 in housing, judicial review, local government, news, planning by tracey

‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Review led by leading planning barrister sets out recommendations for speeding up handling of legal challenges to major infrastructure projects – Local Government Lawyer

Posted October 29th, 2024 in judicial review, news, planning, reports by tracey

‘Claimants should have fewer “bites at the cherry” when seeking permission for judicial review of development consent orders (DCOs) made under the Nationally Significant Infrastructure Projects (NSIP) regime, an independent review by leading planning barrister Lord Charles Banner KC has recommended.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court issues jail sentences for pair who built access point onto A road – Local Government Lawyer

Posted October 28th, 2024 in local government, news, planning, road safety, roads, sentencing, suspended sentences by tracey

‘A High Court judge has handed jail sentences to a man and a woman who built an access point onto an A road without planning permission.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Oil-drilling expansion challenge to go uncontested – BBC News

‘A legal challenge against the expansion of an oil-drilling site in North Lincolnshire is to be uncontested.’

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BBC News, 24th October 2024

Source: www.bbc.co.uk

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

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Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

Stonehenge conservation group fails in Court of Appeal bid for judicial review of dual carriageway development consent – Local Government Lawyer

Posted October 22nd, 2024 in appeals, historic buildings, judicial review, local government, news, planning, roads by tracey

‘Save Stonehenge World Heritage Site, a conservation group aiming to protect the prehistoric structure, has failed in a judicial review challenge to the previous Government’s decision to approve a £2.5bn road scheme through the site.’

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Local Government Lawyer, 21st October 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

Chicken farm row reaches High Court – BBC News

‘Campaigners will be taking on Shropshire Council in the High Court as a seven-year dispute over an industrial-scale chicken farm continues.’

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BBC News, 3rd october 2024

Source: www.bbc.co.uk

Ombudsman rejects complaint in case where complainant alleged she had lost £150k+ due to handling of planning applications – Local Government Lawyer

Posted October 2nd, 2024 in complaints, enforcement, local government, news, ombudsmen, planning by tracey

‘A woman who complained to the Local Government and Social Care Ombudsman about a planning dispute she claims cost her £150,000 has been told the Ombudsman cannot investigate her complaint.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

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