‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’
Local Government Lawyer, 14th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Luton Borough Council has said it will “vigorously defend” a legal challenge brought by a property investment company over the local authority’s decision to grant planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.’
Local Government Lawyer, 12th November 2019
Source: www.localgovernmentlawyer.co.uk
‘A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.’
Local Government Lawyer, 4th November 2019
Source: www.localgovernmentlawyer.co.uk
‘The First-tier Tribunal has ordered Ryedale District Council to disclose the briefing question it sent to a Queen’s Counsel seeking advice on a motion in which councillors sought for competing retail planning applications to be ‘called in’.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘This talk is billed as “current issues” in respect of High Court challenges to Nationally Significant Infrastructure Projects (“NSIPS”). However, given the limited number of challenges that have in fact been brought under the Planning Act 2008 (“the 2008 Act”) regime, we have sought to draw out themes arising from those challenges which have been decided by the courts and the lessons to be learnt from those cases.’
Landmark Chambers, 1st October 2019
Source: www.landmarkchambers.co.uk
‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’
Law Society's Gazette, 30th October 2019
Source: www.lawgazette.co.uk
‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’
OUT-LAW.com, 18th October 2019
Source: www.pinsentmasons.com
‘The multibillion-pound expansion of Heathrow violates the rights of children and future generations, who will face the greatest impact of the climate crisis, lawyers will argue at the court of appeal in London.’
The Guardian, 17th October 2019
Source: www.theguardian.com
‘A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.’
Local Government Lawyer, 16th October 2019
Source: www.localgovernmentlawyer.co.uk
‘Communities will get the legal right to fight ugly buildings and poorly designed new homes in their towns and villages in new Government guidance to be published on Monday [30 September].’
Daily Telegraph, 29th September 2019
Source: www.telegraph.co.uk
‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
‘A Planning Inspector recently delivered a long-awaited decision following an appeal under Section 78 of the Town and Country Planning Act 1990. The appeal was lodged following non-determination by Wiltshire Council over a site for major housing development in Old Sarum Airfield, in one of the original ‘rotten boroughs’ of Old Sarum.’
No. 5 Chambers, 8th August 2019
Source: www.no5.com
‘In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council was successfully challenged. The Order had aimed to revoke planning permission for the erection of a detached 2 storey 3 bedroom dwelling. The objector was the owner and occupier of the Order Property.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently. And well he might, as the Conservative Party’s track record on housing delivery, first as the main party in a coalition, and then on its own, has been very poor.’
No. 5 Chambers, 6th August 2019
Source: www.no5.com
Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.
No. 5 Chambers, 5th August 2019
Source: www.no5.com
‘The Planning Inspectorate has issued – for s.78 planning appeals following the inquiries procedure – new guidance and a new process for the submission of the Statement of Case and Statement of Common Ground.’
Local Government Lawyer, 22nd August 2019
Source: www.localgovernmentlawyer.co.uk
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