‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’
OUT-LAW.com, 16 February 2016
Source: www.out-law.com
‘Cabbies have lost a high court challenge that could have disrupted completion of London’s £47m flagship east-west cycle superhighway.’
The Guardian, 10th February 2016
Source: www.guardian.co.uk
‘A transgender couple who claim local villagers subjected them to a campaign of harassment won damages from the council after defamatory comments were published on its website.’
Daily Telegraph, 8th February 2016
Source: www.telegraph.co.uk
‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
Full story
Local Government Lawyer, 26th January 2016
Source: www.localgovernmentlawyer.co.uk
‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’
Daily Telegraph, 9th January 2016
Source: www.telegraph.co.uk
Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553
‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’
WLR Daily, 17th December 2015
Source: www.iclr.co.uk
‘New housing legislation fails to address the problem of affordable rented housing, and there may be little that we in the House of Lords can do to improve it.’
The Guardian, 5th January 2016
Source: www.guardian.co.uk
‘A High Court judge has dismissed a judicial review challenge to a council’s grant of planning permission for a change of use to the house where Sherlock Holmes author Sir Arthur Conan Doyle wrote The Hound of the Baskervilles.’
Local Government Lawyer, 4th January 2016
Source: www.localgovernmentlawyer.co.uk
‘Blackpool Council has secured a High Court injunction – pursuant to Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and Section 187B of the Town and Country Planning Act 1990 – stopping 13 named travellers from setting up unauthorised encampments in the borough. The council said it was believed to be the first time in the country that a local authority had used the 2014 Act along with Section 187B of the TCPA to secure an injunction against illegal travellers.’
Local Government Lawyer, 17th December 2015
Source: www.localgovernmentlawyer.co.uk
‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
‘The National Planning Policy Framework’s paragraph 17 lists 12 core land-use planning principles, including “encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value”. Within Green Belts its paragraph 89 lists six circumstances where the construction of new buildings is not inappropriate, including “… the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development”. Its paragraph 111 states, “Planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value. Local planning authorities may continue to consider the case for setting a locally appropriate target for the use of brownfield land.”’
No. 5 Chambers, 1st December 2015
Source: www.no5.com
‘Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land following the decision in Dudley Muslim Association v Dudley MBC [2015] EWCA Civ 1123.’
Hardwicke Chambers, 9th December 2015
Source: www.hardwicke.co.uk
‘The Local Government Ombudsman has urged a borough council to provide conservation training for all its planning officers after accusing the authority of failing to apply the correct law and guidance.’
Local Government Lawyer, 26th November 2015
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has ruled that a London borough’s decision to stop consulting on refurbishment options for a housing estate and focus on regeneration alone was unlawful.’
Local Government Lawyer, 24th November 2015
Source: www.localgovernmentlawyer.co.uk
‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’
Local Government Lawyer, 18th November 2015
Source: www.localgovernmentlawyer.co.uk
‘A farmer has been given a three-month suspended prison sentence for failing to tear down a mock Tudor castle that he built.
The Guardian, 9th November 2015
Source: www.guardian.co.uk
‘The High Court has given a reminder of the important qualification to the general principle that a lawyer, or licensed conveyancer, is not obliged to undertake investigations that are not expressly or impliedly requested by the client. The principle is subject to the qualification that: if in fact a solicitor acquires information that may be of importance to a client; then it is the duty of the solicitor to bring that information to the attention of the client. It is the client who decides whether the information is important; the lawyer should not presume to make that decision. Failing to consider information, to advise the client or even pass on such information to the client can be costly. It is safer to communicate too much rather than too little.’
36 Bedford Row Property Blog, 27th October 2015
Source: www.36property.co.uk
‘Campaigners in one of the UK’s key fracking battlegrounds have been given the green light to bring a judicial review of Lancashire county council’s decision to allow seismic monitoring equipment at proposed drilling sites.’
The Guardian, 23rd October 2015
Source: www.guardian.co.uk
‘A High Court judge has quashed the grant of outline planning permission for a residential development in Wiltshire over the appearance of bias.’
Full story
Local Government Lawyer, 13th October 2015
Source: www.localgovernmentlawyer.co.uk
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