Appropriate actions – Local Government Lawyer

Posted July 5th, 2024 in environmental health, local government, news, planning, pollution, Wales, water by michael

‘Annabel Graham Paul looks at a recent judgment that clarifies the approach to carrying out Appropriate Assessments under the Habitats Regulations when considering planning permission.’

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Local Government Lawyer, 5th July 2024

Source: www.localgovernmentlawyer.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

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BBC News, 20th June 2024

Source: www.bbc.co.uk

Supreme Court to rule next week on environmental impact assessment and downstream greenhouse gas emissions – Local Government Lawyer

‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

A Medley of legal principles – more covenant firsts in Medley v Mackenzie – Gatehouse Chambers

Posted June 13th, 2024 in chambers articles, housing, news, planning, restrictive covenants by sally

‘It was only a few months ago that the Upper Tribunal handed down the decision in Kay v Cunningham [2023] UKUT 251 (LC). In that case (in which the writer appeared for the successful applicant) the Tribunal established a number of novel points in relation to modification and discharge of restrictive covenants under s.84 of the Law of Property Act 1925 (see the Brew on this here). On 8 May 2024, a differently constituted panel gave a decision in Medley v Mackenzie and others [2024] UKUT 112 (LC), which provides further guidance as to the Upper Tribunal’s approach to the discretion stage in s.84 applications.’

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Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal judgment in second Manston Airport challenge – 39 Essex Chambers

‘On 21 May 2024, the Court of Appeal handed down judgment in R (on the application of Dawes) v Secretary of State for Transport & Anor [2024] EWCA Civ 560. The Court of Appeal dismissed Ms Dawes’ appeal against the High Court’s dismissal of her judicial review, which challenged a (second) development consent order permitting the re-opening of Manston Airport in Kent.’

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39 Essex Chambers , 6th June 2024

Source: www.39essex.com

Defendant jailed over failure to pay £167k fine issued for non-compliance with planning enforcement notice – Local Government Lawyer

‘A woman has been jailed for default of payment of a £167,378 fine issued after she failed to comply with a planning enforcement notice to remove structures she built on green belt land.’

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Local Government Lawyer, 4th June 2024

Source: www.localgovernmentlawyer.co.uk

DCOs and the need for development – Local Government Lawyer

Posted May 28th, 2024 in airports, judicial review, news, planning by tracey

‘The Court of Appeal recently refused an appeal against a High Court’s decision to dismiss a judicial review of the grant of development consent for Manston Airport. Barristers at Francis Taylor Building analyse the ruling.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review against council after finding Bibby Stockholm barge lies outside area subject to planning control – Local Government Lawyer

Posted May 24th, 2024 in asylum, housing, immigration, judicial review, local government, news, planning by sally

‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

An unfortunate sequence of events: Re St Bartholomew Bristol – Law & Religion UK

Posted May 22nd, 2024 in Church of England, news, planning by sally

‘Carrying out building work unlawfully and then applying for retrospective permission is always risky, whether in the ecclesiastical courts or under the secular planning laws. If permission is refused it may result in the work having to be demolished at great expense and inconvenience.’

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Law & Religion UK, 21st May 2024

Source: lawandreligionuk.com

High Court judge finds decision by planning inspector that appeal was not properly made was wrong – Local Government Lawyer

‘An inspector failed to properly consider the position of a company that had entered liquidation while pursuing a planning appeal, the High Court has found.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Biodiversity Net Gain: Big Impacts on Small Sites? – No.5 Chambers

‘The UK is one of the world’s most nature-depleted countries. The headline finding in the State of Nature Report 2023 told us that one in six species is at risk of extinction but this alarming figure obscures greater decline within certain taxonomic groups: 21% of plant species, 39% of vertebrates and 11% of fungi and lichens are classified as being at risk of extinction in Great Britain.’

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No.5 Chambers, 18th April 2024

Source: www.no5.com

Gypsy and Traveller sites in the Green Belt – Local Government Lawyer

Posted May 14th, 2024 in change of use, housing, news, planning, travellers by tracey

‘Roderick Morton examines a recent s288 challenge against the decision of an inspector to refuse permission on appeal for a material change of use of land in the Green Belt for the stationing of caravans for residential occupation.’

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Local Government Lawyer, 10th May 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects challenge over enforcement notice and application of Murfitt principle – Local Government Lawyer

Posted May 10th, 2024 in appeals, enforcement notices, housing, local government, news, planning by sally

‘A planning inspector misdirected himself in a dispute over the construction of a house in Beaconsfield and misunderstood case law, the Court of Appeal has ruled.’

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Local Government Lawyer, 9th May 2024

Source: www.localgovernmentlawyer.co.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

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Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

Hibaldstow man wins battle over ‘Game of Thrones’ dragon statue – BBC News

Posted April 24th, 2024 in local government, news, planning by tracey

‘Planes, a dragon and a phone box have prompted complaints about one man’s distinctive front garden. Critics said it looked like a theme park or a ram-raid in a gift shop, but officials have agreed to retrospective planning permission.’

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BBC News, 24th April 2024

Source: www.bbc.co.uk

Special Development Order puts end to council enforcement action against asylum seeker airbase – Local Government Lawyer

Posted April 9th, 2024 in asylum, enforcement notices, housing, local government, news, planning by tracey

‘West Lindsey District Council has withdrawn its enforcement notice at RAF Scampton in light of a Special Development Order (SDO) that has put an end to planning enforcement action relating to the site.’

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Local Government Lawyer, 8th April 2024

Source: www.localgovernmentlawyer.co.uk

Conditions can only be imposed if found to be necessary – Local Government Lawyer

Posted March 28th, 2024 in consent orders, news, parking, planning, retrospectivity by tracey

‘Gregory Jones KC analyses a recent case involving the application of the Blue Pencil Rule on a consent order.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk