High Court rules fracking can go ahead in North Yorkshire – BBC News
‘Anti-fracking campaigners have lost their legal challenge to a decision to allow fracking to take place in North Yorkshire.’
BBC News, 20th December 2016
Source: www.bbc.co.uk
Category: planning
Parish council wins High Court planning battle over village needs – Local Government Lawyer
‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’
Local Government Lawyer, 14th December 2016
Source: www.localgovernmentlawyer.co.uk
Protection of heritage assets not necessarily incompatible with tall buildings, experts say – OUT-LAW.com
‘The City of London Corporation’s decision to grant planning permission to the 73-storey 1 Undershaft building has reignited the debate over how best to protect the capital’s heritage assets.’
OUT-LAW.com, 12th December 2016
Source: www.out-law.com
Judge quashes permission in basement and permitted development rights case – Local Government Lawyer
‘A judge has quashed the London Borough of Camden’s grant of planning permission for a basement extension, deciding that the planning committee misdirected itself over the volume of associated engineering works.’
Local Government Lawyer, 6th December 2016
Source: www.localgovernmentlawyer.co.uk
Blow to basement-builders as judge rules specific planning permission is needed – Daily Telegraph
‘Homeowners who want to expand their basements may now be forced to seek specific planning permission after a High Court ruling.’
Daily Telegraph, 2nd December 2016
Source: www.telegraph.co.uk
High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers
‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’
No. 5 Chambers, 18th November 2016
Source: www.no5.com
Local Plans – Local Government Law
‘East Staffordshire BC v SoS for CLG [2016] EWHC 2973 (Admin) raised an issue about the scope and effect of paragraph [14] of the National Planning Policy Framework (“NPPF”) on the presumption in favour of the grant of planning approval to sustainable developments which are consistent with Local Plans.’
Local Government Law, 23rd November 2016
Old development plans – Local Government Law
‘Should planning policies be given reduced weight on account of their age? No, says the Court of Appeal in Gladman Developments Ltd v Daventry District Council (2016) EWCA Civ 1146.’
Local Government Law, 24th November 2016
High Court rules second homes ban in St Ives will remain – BBC News
‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’
BBC News, 10th November 2016
Source: www.bbc.co.uk
Developers fail in judicial review challenge over permission for recycling facility – Local Government Lawyer
‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’
Local Government Lawyer, 10th November 2016
Source: www.localgovernmentlawyer.co.uk
Short-term Lettings and the Sharing Economy – Tanfield Chambers
‘The beginning of 2016 has seen much focus on the buy to let market with the changes to the tax implications for those purchasers who already own property. The Government has announced further changes to come for buy to let landlords – might budding landlords seek to overcome these changes by exploring opportunities for shorter lets of their own homes, or alternatively, rooms in their own homes?’
Tanfield Chambers, 6th October 2016
Source: www.tanfieldchambers.co.uk
Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com
‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’
OUT-LAW.com, 7th November 2016
Source: www.out-law.com
Local councils “put off by lack of clarity on weight given to neighbourhood plans” – Local Government Lawyer
‘Parish and town councils have been keen to embrace neighbourhood planning but have been put off “as it was unclear what weight they were given in the planning process especially where there was no local plan or five-year land supply”, the National Association of Local Councils (NALC) has said.’
Local Government Lawyer, 26th October 2016
Source: www.localgovernmentlawyer.co.uk
Woodfield v JJ Gallagher Ltd and others (Cherwell District Council and another as interested parties) – WLR Daily
‘The developers challenged the adoption by the council of a single policy in the local plan. The judge allowed the appeal and made an order that the Secretary of State appoint a planning inspector who would recommend adoption of the policy subject to a modification and that the council adopt the policy subject to that modification. The developers and the Secretary of State opposed an appeal brought by an objector who, although not a party below, was given permission to appeal.’
WLR Daily, 12th October 2016
Source: www.iclr.co.uk
The subtle hand of human rights – and more Aarhus – UK Human Rights Blog
‘This challenge was about a landowner not wishing to let those wishing to develop Sizewell C nuclear power station onto her land to carry out surveys and investigations. But it came down to a disagreement about the terms which such entry might occur. For s.53 Planning Act 2008 enables the Secretary of State to allow such entry, subject to conditions, and with the proviso that the landowner may claim compensation for “damage caused to lands or chattels” (s.53(7)) via a claim to the Upper Tribunal.’
UK Human Rights Blog, 20th October 2016
Source: www.ukhumanrightsblog.com
High Court judge dismisses planning claim as out of time – Local Government Lawyer
‘Litigants whose claims are subject to strict time limits “must make arrangements to ensure that they attend the court office in good time so that they are not thwarted by unexpected problems”, a Deputy High Court judge has said in a planning case.’
Local Government Lawyer, 17th October 2016
Source: www.localgovernmentlawyer.co.uk
Developers win High Court battle over neighbourhood plan – Local Government Lawyer
‘Developers have won a High Court challenge over a district council’s decision to make a neighbourhood plan.’
Local Government Lawyer, 13th October 2016
Source: www.localgovernmentlawyer.co.uk
Landlord ordered to pay £700,000+ for planning enforcement notice breach – Local Government Lawyer
‘A landlord guilty of breaching a planning enforcement notice has been ordered to pay a record fine and costs to the London Borough of Barnet, after the largest planning enforcement and confiscation investigation the borough has seen.’
Local Government Lawyer, 6th October 2016
Source: www.localgovernmentlawyer.co.uk
Local authorities’ statutory powers to override third party land rights will apply to a wider range of public schemes, says expert – OUT-LAW.com
‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’
OUT-LAW.com, 21st September 2016
Source: www.out-law.com
Hard cases need better reasons – UK Human Rights Blog
‘R (o.t.a. CPRE Kent) v. Dover District Council [2016] EWCA Civ 936, 14 September 2016. The Court of Appeal has just given us a robust vindication of the importance of giving proper reasons when granting planning permission, by way of a healthy antidote to any suggestion that this is not really needed as part of fairness.’
UK Human Rights Blog, 16th September 2016
Source: www.ukhumanrightsblog.com
