Category: planning
Councils hit back after minister attacks affordable housing policy legal challenge – Local Government Lawyer
‘The two councils that challenged a Government policy on affordable housing and small-scale sites have defended their decision to bring legal action, after a minister claimed the proceedings were “a total waste of taxpayers’ money”.’
The Guardian, 18th May 2016
Source: www.guardian.co.uk
Bill-by-bill summary: Queen’s Speech at-a-glance – BBC News
‘The Queen has announced the government’s legislation for the year ahead, at the state opening of Parliament. Here is a bill-by-bill guide to what is in the 2016 Queen’s Speech.’
BBC News, 18th May 2016
Source: www.bbc.co.uk
Housing and Planning Bill to receive Royal Assent on 12 May – OUT-LAW.com
‘The UK government’s Housing and Planning Bill has been listed to receive Royal Assent today (12 May).’
OUT-LAW.com, 12th May 2016
Source: www.out-law.com
Court of Appeal backs decision to clear Green Belt land of Romany Gypsy caravans – Local Government Lawyer
‘The Court of Appeal has rejected a judicial review challenge to the decision of a local authority to use its planning enforcement powers to clear agricultural land in the Green Belt of caravans occupied by Romany Gypsies.’
Local Government Lawyer, 12th May 2016
Source: www.localgovernmentlawyer.co.uk
Has the Town and Country Planning Act 1990 Stood the Test of Time? – Radcliffe Chambers
‘In this year of momentous anniversaries the planning system has reached a modest milestone. 25 years (or, perhaps, a generation) has now passed since the enactment of the Town and Country Planning Act 1990. So it is worth while taking stock, reflecting, and asking: Has the 1990 Act stood the test of time?’
Radcliffe Chambers, 22nd April 2016
Source: www.radcliffechambers.com
Court of Appeal rules on meaning of “inappropriate development” in Green Belt – Local Government Lawyer
‘The Court of Appeal has handed down a key ruling on the meaning of “inappropriate development” in the Green Belt.’
Local Government Lawyer, 25th April 2016
Source: www.localgovernmentlawyer.co.uk
Planning Conditions – Local Government Law
‘Ejusdem generis has no place in the interpretation of planning conditions, the Court of Appeal has held in R (XPL Ltd) v Harlow Council [2016] EWCA Civ 378, a Judgment on 15 April 2016 on appeal from a first instance decision on 28 November 2014 with respect to a breach of condition notice served by the Council on 3 June 2014.’
Local Government Law, 19th April 2016
FCA wins landbanking case, but investors still likely to lose out – The Guardian
‘Asset Land’s appeal rejected by the supreme court but the City regulator says investors “are likely only to get a fraction of their money back”.’
The Guardian, 20th April 2016
Source: www.guardian.co.uk
Peers change draft legislation on starter homes and sale of high value council houses – OUT-LAW.com
‘Changes made to the UK government’s Housing and Planning Bill will confine the sale of starter homes to those aged 23 or over and require a proportion of the discount on their purchase price be repaid if the homes are sold on within 20 years.’
OUT-LAW.com, 19th April 2016
Source: www.out-law.com
Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer
‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’
Local Government Lawyer, 18th April 2016
Source: www.localgovernmentlawyer.co.uk
When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers
‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
High Court upholds an inspector’s decision to waive a £1m affordable homes payment – OUT-LAW.com
‘The High Court has dismissed Medway Council’s challenge of a planning inspector’s decision to waive a £1 million affordable housing payment.’
OUT-LAW.com, 8th April 2016
Source: www.out-law.com
Government to investigate Lambeth’s library plans – The Guardian
‘The government is to investigate a council’s plans to turn some of its libraries into gyms with unstaffed book-lending sections, following a protest against the scheme – which won support from authors including Nick Hornby and Ali Smith.’
The Guardian, 11th April 2016
Source: www.guardian.co.uk
Bromley London Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily
‘A developer sought planning permission for a development on Green Belt land comprising nine residential houses and a barn and associated dwellings for a livery business. The proposal involved redevelopment of previously developed land at a livery, the business of which was partly retained. The local planning authority refused planning permission. On the developer’s appeal, an inspector appointed by the Secretary of State considered that the proposal comprising new buildings was appropriate development and concluded that, applying the requirements of the sixth exception in para 89 of the National Planning Policy Framework (“NPPF”), the new buildings would not impact adversely either on the openness of the Green Belt or the purposes for designation of the Green Belt. He accordingly allowed the developer’s appeal. The local planning authority applied under section 288 of the Town and Country Planning Act 1990 to quash the inspector’s decision, contending, inter alia, that para 89, which listed six exceptions to the general policy that new buildings were inappropriate development in the Green Belt, should be interpreted to mean that development which was not only operational development for new buildings but also involved a material change in use for those buildings did not fall within the categories of appropriate development, and that therefore the inspector had erred in law in treating the proposal as appropriate development, since the construction of the new houses also involved a material change of use to residential or mixed residential and equestrian use.’
WLR Daily, 15th February 2016
Source: www.iclr.co.uk
Wychavon District Council v Secretary of State for Communities and Local Government – WLR Daily
‘The developer applied for outline planning permission for the development of 32 dwellings on a site lying outside the defined development boundaries and allocated sites set out in the local planning authority’s local plan. The local authority failed to determine the application and the developer appealed to the Secretary of State. The inspector appointed by the Secretary of State recognised that the main issue was whether the site was a suitable location for residential development having regard to the local plan and other considerations. He identified that the proposed development was in clear conflict with the location policy in the local plan, which policy remained in force and so retained its full weight as part of the statutory development plan. Having found therefore that para 14 of the National Planning Policy Framework (“the NPPF”) did not apply, the inspector went on to consider the policies of the NPPF as a whole, concluding that the proposed development constituted sustainable development so that the presumption in favour of sustainable development applied, that being a material consideration capable of outweighing the development plan, pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004. Accordingly, the inspector allowed the appeal and granted permission. The local authority challenged that decision pursuant to section 288 of the Town and Country Planning Act 1990 on the ground, inter alia, that the inspector had erred in law in failing properly to apply the approach to decision-taking set out in section 38(6)of the 2004 Act.’
WLR Daily, 16th March 2016
Source: www.iclr.co.uk
Council Tax – Local Government Law
‘Coll (Listing Officer) v Mooney [2016] EWHC 485 (Admin) is a statutory appeal by the Appellant Listing Officer against the decision of the Valuation Tribunal for England (“VTE”) in which it ordered the Listing Officer to alter the valuation list to show one entry for a property, instead of two. The property was built as one dwelling, on three floors. However, at some point, the property was converted into two dwellings. It was listed as two separate units of property (hereditaments) when the valuation list for council tax was drawn up in 1993.’
Local Government Law, 22nd March 2016
Planning inspector removes affordable housing obligations from s106 agreement – OUT-LAW.com
‘A planning inspector has removed the affordable homes obligations from an agreement between a developer and an Oxfordshire council after finding that they rendered the proposed development economically unviable.’
Full story
OUT-LAW.com, 16th March 2016
Source: www.out-law.com
Traders win Court of Appeal battle over Shepherd’s Bush Market regeneration – Local Government Lawyer
‘The Court of Appeal has upheld a challenge brought by traders against a High Court ruling that the decision by former Communities Secretary Eric Pickles to confirm a compulsory purchase order for Shepherd’s Bush Market was lawful.’
Local Government Lawyer, 21st March 2016
Source: www.localgovernmentlawyer.co.uk
Horada and others v Secretary of State for Communities and Local Government and others – WLR Daily
‘Pursuant to its power under section 226(1)(a) of the Town and Country Planning Act 1990, the local planning authority made a compulsory purchase order in respect of land which included a well known market. The claimant and the market traders’ association objected and a public inquiry was held. The planning inspector recommended that the order not be confirmed. The Secretary of State issued a decision confirming the order, ostensibly giving reasons for departing from the inspector’s recommendation. The judge dismissed the claimant’s challenge to the validity of the order under section 23 of the Acquisition of Land Act 1981. The claimant and the association appealed on the grounds that the reasons given by the Secretary of State for departing from the inspector’s recommendation were inadequate and/or inadequately expressed.’
WLR Daily, 18th March 2016
Source: www.iclr.co.uk
