Regina v Ahmed (Mohammed Kamal) [2014] WLR (D) 85
‘Where breach of an enforcement notice alleged unlawful change of use rather than development without planning permission, it was not appropriate to charge an offence in contravention of section 181(5) of the Town and Country Planning Act 1990; the appropriate offence would be under section 179(2) of the 1990 Act.’
WLR Daily, 20th February 2014
Source: www.iclr.co.uk
‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’
Daily Telegraph, 19th February 2014
Source: www.telegraph.co.uk
‘The High Court is now to include a formally designated Planning Court and permission to apply will be required for section 288 applications against planning decisions in the latest government reforms to judicial review and related proceedings. Ministers have just published their response to the latest reform proposals and the Criminal Justice and Courts Bill 2014 proposing changes to judicial review.’
Thirty Nine Essex Street, February 2014
Source: www.39essex.com
‘Following recent announcements in the press, including a front page headline in The Times this week, the Government published the Criminal Justice and Courts Bill on Wednesday, 5 February 2014. Part 4 of the Bill contains a number of important changes to be introduced which seek, in the words of the Lord Chancellor, to prevent judicial review from being a “brake on growth”. However, whilst it has been reported in the national press that the proposals mean that only individuals or groups with a financial interest in a case will be able to bring a challenge, this is inaccurate. The Government originally proposed narrowing the test for standing so as to restrict the availability of judicial review to those with a “direct interest” but that proposal has now been dropped.’
No. 5 Chambers, 6th February 2014
Source: www.no5.com
‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’
OUT-LAW.com, 13th February 2014
Source: www.out-law.com
‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’
UK Human Rights Blog, 9th February 2014
Source: www.ukhumanrightsblog.com
‘Key building projects which generate thousands of jobs in communities across the UK will benefit from changes to tackle costly and unnecessary legal delays under plans to speed up and reform the Judicial Review system announced today by Justice Secretary Chris Grayling.’
Ministry of Justice, 5th February 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Supreme Court, 5th February 2014
‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’
Local Government Lawyer, 5th February 2014
Source: www.localgovernmentlawyer.co.uk
‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’
BBC News, 3rd February 2014
Source: www.bbc.co.uk
In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24
‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’
WLR Daily, 9th January 2014
Source: www.iclr.co.uk
‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’
Local Government Lawyer, 15th January 2014
Source: www.localgovernmentlawyer.co.uk
Regina (Evans) v Cornwall Council [2013] EWHC 4109 (Admin); [2013] WLR (D) 510
‘The determination of whether prior approval was required for the development of agricultural buildings under the Town and Country Planning (General Permitted Development) Order 1995 required a summary assessment and the principles relating to applications for planning permission under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 were not material considerations for that purpose. Furthermore, the National Planning Policy Framework guidance was inapposite in such cases, and section 66(1) of the Planning (Listing Buildings and Conservation Areas) Act 1990 and the case law thereunder was of no application.’
WLR Daily, 20th December 2014
Source: www.iclr.co.uk
‘The Government’s procedure in deciding which areas to exempt from recently introduced permitted development rights allowing offices to be transformed into homes without planning permission was fair, a High Court judge has decided.’
OUT-LAW.com, 6th January 2014
Source: www.out-law.com
‘An inspector who used housing supply figures from the now revoked East of
England Plan as a reason for refusing an appeal for development in the green
belt in St Albans acted in error, the Court of Appeal has ruled.’
OUT-LAW.com, 16th December 2013
Source: www.out-law.com
‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’
Local Government Lawyer, 13th December 2013
Source: www.localgovernmentlawyer.co.uk
‘The Government will protect land which is subject to certain statutory development orders from applications for registration as a town or village green (TVG), it has confirmed.’
OUT-LAW.com, 12th December 2013
Source: www.out-law.com
“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
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