Category: planning

Developer fails in Court of Appeal bid to overturn ruling that neighbourhood plan challenge was brought out of time – Local Government Lawyer

Posted July 9th, 2019 in appeals, judicial review, news, planning, time limits by sally

‘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.’

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Local Government Lawyer, 9th July 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government & Ors [2019] UKSC 33 – UKSC Blog

Posted July 5th, 2019 in local government, news, planning, Supreme Court by sally

‘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.’

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UKSC Blog, 3rd July 2019

Source: ukscblog.com

London borough wins Supreme Court battle over retail store and restrictions on use – Local Government Lawyer

Posted July 3rd, 2019 in local government, news, planning, Supreme Court by sally

‘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.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Legal Update: Section 73 Applications – No. 5 Chambers

Posted July 3rd, 2019 in energy, news, planning, road safety by sally

‘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.’

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No. 5 Chambers, 2oth June 2019

Source: www.no5.com

Council wins High Court battle over development and certificate of lawfulness – Local Government Lawyer

Posted July 3rd, 2019 in appeals, local government, news, planning, roads by sally

‘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.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

The Heathrow judgment: what we learned about climate change law – Six Pump Court

Posted July 3rd, 2019 in airports, climate change, environmental protection, human rights, judicial review, news, planning, pollution by sally

‘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.’

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Six Pump Court, 25th June 2019

Source: www.6pumpcourt.co.uk

Supreme Court to rule next week on implying condition restricting use of premises into planning permission – Local Government Lawyer

Posted June 28th, 2019 in appeals, local government, news, planning, sale of goods, Supreme Court by sally

‘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.’

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Local Government Lawyer, 27th June 2019

Source: www.localgovernmentlawyer.co.uk

M4 Newport relief road scrapped: environment v economics – UK Human Rights Blog

Posted June 26th, 2019 in environmental protection, inquiries, news, planning, road traffic, roads, Wales by sally

‘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.’

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UK Human Rights Blog, 24th June 2019

Source: ukhumanrightsblog.com

Ep 85: M4 relief road U-turn – Alasdair Henderson – Law Pod UK

Posted June 25th, 2019 in environmental protection, news, planning, roads, Wales by sally

‘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.’

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Law Pod UK, 24th June 2019

Source: audioboom.com

Developer disputes: misrepresentation and summary judgment – Practical Law: Construction Blog

Posted June 21st, 2019 in conveyancing, misrepresentation, news, planning, right to light, solicitors, summary judgments by sally

‘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.’

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Practical Law: Construction Blog, 19th June 2019

Source: constructionblog.practicallaw.com

Solicitor hit with £500k POCA fine for using house as office – Legal Futures

Posted June 3rd, 2019 in confiscation, enforcement, news, planning, proceeds of crime, solicitors by sally

‘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.’

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Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by sally

‘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.’

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Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

Government announces new register for retail landlords – BBC News

Posted May 17th, 2019 in landlord & tenant, local government, news, planning by sally

‘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.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Judge rejects claims by parish that nuns conspired to provide district council with false information to secure planning permission – Local Government Lawyer

Posted May 15th, 2019 in appeals, Christianity, Church of England, conspiracy, deceit, judicial review, local government, news, planning by sally

‘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.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Extension of Time – Local Government Law

Posted May 7th, 2019 in appeals, civil procedure rules, judicial review, local government, news, planning, time limits by sally

‘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.’

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Local Government Law, 2nd May

Source: local-government-law.11kbw.com

Council takes 10 years not to make a decision on village green status – The Guardian

Posted April 25th, 2019 in commons, compensation, delay, local government, news, planning by sally

‘Ombudsman orders Cornwall to pay compensation over locals’ plan for land near Saltash.’

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The Guardian, 25th April 2019

Source: www.theguardian.com

Regulator warns policy makers to “think very carefully” before setting up charity for singular public project – Local Government Lawyer

Posted April 12th, 2019 in budgets, charities, Charity Commission, local government, London, news, planning, public interest, taxation, transport by sally

‘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.’

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Local Government Lawyer, 11th April 2019

Source: www.localgovernmentlawyer.co.uk

Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer

Posted March 27th, 2019 in compensation, council tax, enforcement notices, families, housing, landlord & tenant, local government, news, planning, proceeds of crime, sentencing, suspended sentences by sally

‘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.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

High court victory for group seeking to build ‘black Canary Wharf’ – The Guardian

Posted March 22nd, 2019 in covenants, minorities, news, planning, sale of land by sally

‘One of the UK’s largest black communities is celebrating a victory in the high court over a contested piece of land it wants to transform into a “black Canary Wharf”.’

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The Guardian, 21st March 2019

Source: www.theguardian.com

Judicial review of Heathrow airport third runway decision begins – The Guardian

Posted March 13th, 2019 in airports, climate change, environmental health, environmental protection, judicial review, local government, news, noise, planning by sally

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

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The Guardian, 11th March 2019

Source: www.theguardian.com