‘Land owners can prevent telecoms operators installing telecoms equipment on their property if they have a “firm, settled and unconditional intention” of redeveloping the sites the operators have earmarked, and can show that they have a reasonable prospect of being able to carry out their redevelopment plans, a tribunal has ruled.’
OUT-LAW.com, 12th July 2019
Source: www.pinsentmasons.com
‘A parish council has failed in a High Court challenge to a decision by the development control committee at Arun District Council to grant outline permission for the development of a portion of land allocated for up to 400 dwellings.’
Local Government Lawyer, 8th July 2019
Source: www.localgovernmentlawyer.co.uk
‘Lord Justice Lindblom said the main question in Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 was how one should understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan.’
Local Government Lawyer, 9th July 2019
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘The Supreme Court has unanimously allowed an appeal by the London Borough of Lambeth in a dispute over whether use restrictions continued to apply to a retail development.’
Local Government Lawyer, 3rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘The planning permission is secured, the conditions are in place, now all that’s left is to commence development, right? Not necessarily. As planners you’ll be keenly aware that the road to development is not always smooth. Unexpected events occur, problems arise, and sometimes once permission has been obtained people are unable to comply with conditions or have a change of heart. Luckily, there are options available which do not necessarily mean going back to the drawing board.’
No. 5 Chambers, 2oth June 2019
Source: www.no5.com
‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’
Local Government Lawyer, 3rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘The High Court judgment in the Heathrow third runway case is arguably the most extensive judicial reasoning on current UK climate change law to date.’
Six Pump Court, 25th June 2019
Source: www.6pumpcourt.co.uk
‘The Supreme Court will next week (3 July) rule on the London Borough of Lambeth’s appeal over whether a condition restricting the use of premises should be implied into a planning permission granted by the council, or, alternatively, whether the planning permission should be interpreted as containing such a condition.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
‘Plans to build a fourteen mile, six lane motorway through the Gwent Levels south of Newport to relieve congestion on the M4 have been scrapped by the Welsh government. The announcement by first minister Mark Drakeford was welcomed by environmentalists, local residents and small businesses who opposed the scheme at last year’s public inquiry. Alasdair Henderson, Dominic Ruck Keene and Hannah Noyce from 1 Crown Office Row with other barristers from Guildhall Chambers (Brendon Moorhouse) and Garden Court (Irena Sabic and Grace Brown) represented Gwent Wildlife Trust and an umbrella of other environmental objectors in the proceedings which lasted from February 2017 to September 2018. All these barristers acted for free.’
UK Human Rights Blog, 24th June 2019
Source: ukhumanrightsblog.com
‘Rosalind English talks to Alasdair Henderson about the Welsh government U-turn on the M4 relief road. Alasdair acted for some of the objectors in the inquiry and regards it as “probably one of the biggest environmental success stores in terms of challenging a major infrastructure project on environmental grounds.’
Law Pod UK, 24th June 2019
Source: audioboom.com
‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’
Practical Law: Construction Blog, 19th June 2019
‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’
Legal Futures, 3rd June 2019
Source: www.legalfutures.co.uk
‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’
Local Government Lawyer, 22nd May 2019
Source: www.localgovernmentlawyer.co.uk
‘The government says it will make it easier to find out who owns empty buildings on the High Street in a bid to revitalise the UK’s retail sector.’
BBC News, 16th May 2019
Source: www.bbc.co.uk
‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’
Local Government Lawyer, 14th May 2019
Source: www.localgovernmentlawyer.co.uk
‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’
Local Government Law, 2nd May
Source: local-government-law.11kbw.com
‘Ombudsman orders Cornwall to pay compensation over locals’ plan for land near Saltash.’
The Guardian, 25th April 2019
Source: www.theguardian.com
‘The fact that more than £50m of public funds was spent by the Garden Bridge Trust without producing demonstrable public benefit or impact represented “a failure for charity which risks undermining public trust”, the Charity Commission has said.’
Local Government Lawyer, 11th April 2019
Source: www.localgovernmentlawyer.co.uk
‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
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