‘The High Court has quashed planning permission for a care home expansion granted by Bath and North East Somerset Council despite officers’ objections, it has been reported.’
Local Government Lawyer, 7th June 2018
Source: www.localgovernmentlawyer.co.uk
‘Two companies that allowed an unauthorised vehicle repair business to be run without planning permission have been ordered to pay more than £120,000 under confiscation orders obtained by Wokingham Borough Council.’
Local Government Lawyer, 30th May 2018
Source: www.localgovernmentlawyer.co.uk
‘Islington Council has secured a confiscation order of £304,458 under the Proceeds of Crime Act against a property company which converted a single dwelling into five flats without planning permission.’
Local Government Lawyer, 29th May 2018
Source: www.localgovernmentlawyer.co.uk
‘The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.’
Local Government Lawyer, 15th May 2018
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’
Local Government Lawyer, 14th May 2018
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’
OUT-LAW.com, 2nd May 2018
Source: www.out-law.com
‘A Planning Court judge has ruled in favour of the London Borough of Islington in a long-running dispute over a major development which it has said will provide insufficient affordable homes.’
Local Government Lawyer, 30th April 2018
Source: www.localgovernmentlawyer.co.uk
‘Recently, in the course of reviewing a proposed building contract for an employer, I had cause to consider how responsibility for obtaining planning consents had been addressed. Or rather, whether it had been addressed at all. Jean-François Clin v Walter Lilly & Co Ltd is a forceful reminder to effectively deal with this issue. The Court of Appeal held that, in the absence of an express term to the contrary, a term was implied into the parties’ contract requiring the employer to obtain planning permission for redevelopment of the property and, generally, making the employer responsible for obtaining necessary consents.’
Practical Law: Construction Blog, 11th April 2018
‘The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.’
Local Government Lawyer, 5th April 2018
Source: www.localgovernmentlawyer.co.uk
‘In R (Thornton Hall Hotel Ltd) v Wirral MBC (2018) EWHC 560 (Admin) unconditional and permanent planning permission for the erection of three marquees on a green belt site was quashed where it had been granted on an erroneous basis, namely the omission of conditions including a five-year time limit which had clearly been envisaged by the local authority’s planning committee in approving permission. To allow the marquees to remain in place would subvert the public interest in the integrity of the planning process.’
Local Government Lawyer, 27th March 2018
Source: local-government-law.11kbw.com
‘Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.’
Local Government Lawyer, 27th March 2018
Source: www.localgovernmentlawyer.co.uk
‘The employer under a standard form construction contract is not under an absolute obligation to obtain planning permission or conservation consent before the works can go ahead, the Court of Appeal has ruled.’
OUT-LAW.com, 22nd March 2018
Source: www.out-law.com
‘Leeds City Council did not act unlawfully when it put a neighbourhood plan to a referendum after modifications had been made that partly differed from those recommended by the examiner, the Court of Appeal has said.’
Local Government Lawyer, 20th March 2018
Source: www.localgovernmentlawyer.co.uk
‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’
Local Government Lawyer, 14th March 2018
Source: www.localgovernmentlawyer.co.uk
‘A London borough wrongly interpreted the General Permitted Development Order on the siting of radio masts, the High Court has said. Granting an application for judicial review brought by local resident Nigel Mawbey, Lang J said the London Borough of Lewisham had been wrong when it gave permission to Cornerstone Telecommunications Infrastructure to erect the masts.’
Local Government Lawyer, 20th February 2018
Source: www.localgovernmentlawyer.co.uk
‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’
Local Government Lawyer, 19th February 2018
Source: www.localgovernmentlawyer.co.uk
‘A couple have been fined after using a fake garage door and high fence to hide a residential property from a council.’
The Guardian, 12th February 2018
Source: www.theguardian.com
‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’
Daily Telegraph, 12th February 2018
Source: www.telegraph.co.uk
‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’
Local Government Lawyer, 7th February 2018
Source: www.localgovernmentlawyer.co.uk
‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’
UK Constitutional Law Association, 22nd January 2018
Source: ukconstitutionallaw.org
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