planning – Page 21 – Current Awareness

Council vows to defend legal challenge over grant of permission for mixed-use scheme including football stadium – Local Government Lawyer

Posted November 13th, 2019 in local government, news, planning, sport by sally

‘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

Couple fined £20,000 for planning offences over work on outbuildings and fish pond – Local Government Lawyer

Posted November 5th, 2019 in enforcement, fines, local government, news, planning by sally

‘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

Tribunal orders council to disclose instructions sent to QC over motion for ‘call-in’ of planning applications – Local Government Lawyer

Posted November 4th, 2019 in disclosure, freedom of information, news, planning, privilege by sally

‘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

Nationally significant infrastructure projects – hot topics seminar High Court challenges – current issues – Landmark Chambers

Posted October 31st, 2019 in environmental protection, news, planning, time limits by sally

‘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 backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘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

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer

Posted October 31st, 2019 in complaints, disclosure, freedom of information, local government, news, planning by sally

‘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

Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com

Posted October 22nd, 2019 in landlord & tenant, leases, news, planning by sally

‘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

Heathrow expansion violates climate rights of children, say lawyers – The Guardian

Posted October 17th, 2019 in airports, children, climate change, environmental health, environmental protection, news, planning by sally

‘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

Developer fails in bid to rely on planning permission granted in 1967 – Local Government Lawyer

Posted October 17th, 2019 in housing, local government, news, planning by sally

‘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 legal right to fight ugly buildings in their towns – Daily Telegraph

Posted September 30th, 2019 in environmental protection, housing, news, planning by michael

‘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

People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers

Posted September 2nd, 2019 in EC law, environmental protection, news, planning by sally

‘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

Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission – Local Government Lawyer

Posted September 2nd, 2019 in appeals, news, planning, retrospectivity by sally

‘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

Battle over an airfield; housing, heritage, conservation and more – No. 5 Chambers

Posted August 29th, 2019 in aircraft, airports, housing, listed buildings, news, planning by sally

‘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

What do you do when you’ve been granted planning permission by administrative error? – No. 5 Chambers

Posted August 29th, 2019 in mistake, news, planning by sally

‘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

Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing delivery – No. 5 Chambers

Posted August 29th, 2019 in housing, local government, news, planning by sally

‘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

Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

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

Planning Inspectorate issues new guidance for Statements of Case and Statement of Common Ground for s.78 planning appeals – Local Government Lawyer

Posted August 22nd, 2019 in appeals, inquiries, news, planning by sally

‘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

Clash of rights of operators and landowner rights to redevelop clarified by Tribunal – OUT-LAW.com

Posted July 15th, 2019 in landlord & tenant, leases, news, planning, telecommunications by sally

‘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

Parish council fails in judicial review of assessment by planning officer of impact of 400-dwelling scheme on church – Local Government Lawyer

Posted July 10th, 2019 in Christianity, historic buildings, housing, judicial review, local government, news, planning by sally

‘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

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