“A High Court judge has quashed planning permission for a golf course that had been marked for an ecologically sensitive Green Belt location despite there already being nearly 200 courses within 20 miles of the site.”
The Independent, 22nd August 2013
Source: www.independent.co.uk
“A nudist spa in a quiet Surrey village complete with a dungeon, pool and sauna has been ordered to close after a council ruled it breached planning laws.”
Daily Telegraph, 12th August 2013
Source: www.telegraph.co.uk
“Town halls face losing significant powers over the future of their high streets under Whitehall plans to allow shops to be converted into homes without planning permission.”
The Guardian, 4th August 2013
Source: www.guardian.co.uk
“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
“Councils must not impose blanket bans on wind farms being built near houses, ministers have ruled, weeks after promising to stop the spread of unwanted turbines across the country.”
Daily Telegraph, 29th July 2013
Source: www.telegraph.co.uk
“HS2 is the proposed high speed rail link to Birmingham and beyond. Its opponents sought to challenge the decision to promote it by way of a hybrid Bill in Parliament, saying that the process as a whole breached the various EU rules, including the need for Strategic Environmental Assessment under the Strategic Environmental Assessment Directive 2001/42/EC and the Environmental Impact Assessment Directive 2011/92/EU.”
UK Human Rights Blog, 26th July 2013
Source: www.ukhumanrightsblog.com
“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”
OUT-LAW.com, 19th July 2013
Source: www.out-law.com
“There is a curious if not bizarre set of anomalies about planning and environmental challenges. Where they involve an attack on a decision by the Secretary of State (typically in respect of a decision by a planning inspector after inquiry), the route is via section 288 of the Town & Country Planning Act 1990. There is a strict 6 week time limit, with no discretion to extend – but no need for permission to apply as in judicial review. But where there is a challenge to any other decision, the time limit (at the moment) is 3 months, with discretion to extend – but also a discretion to disallow if the application was not ‘prompt’ even within the 3 months (see my post on this last point) and the permission hurdle to clear.”
UK Human Rights Blog, 18th July 2013
Source: www.ukhumanrightsblog.com
“A pensioner renowned for her work in the community has been summonsed to court over claims she racially abused a group of travellers on green belt land in a situation she describes as a ‘humiliating’ ordeal.”
Daily Telegraph, 17th July 2013
Source: www.telegraph.co.uk
“Marc Willers examines why changes to temporary stop notice provisions risk forcing Gypsies and Travellers onto the roadside.”
Garden Court Chambers Blog, 15th July 2013
Source: www.gclaw.wordpress.com
“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”
OUT-LAW.com, 12th July 2013
Source: www.out-law.com
“Challengers to planning permissions can substitute entirely new grounds of challenge beyond the end of the strict six week limit for bringing a claim, the Court of Appeal has ruled.”
Local Government Lawyer, 10th July 2013
Source: www.localgovernmentlawyer.co.uk
“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
“A decision by a Planning Inspector to grant permission for a residential development in Great Dunmow, Essex is set to be quashed following a High Court ruling that the appeal process had been unfair.”
OUT-LAW.com, 3rd July 2013
Source: www.out-law.com
“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”
Full story (PDF)
4 New Square, 1st July 2013
Source: www.4newsquare.com
“Communities minister Eric Pickles is facing a legal challenge over his decision
to allow Tesco to build a huge superstore in ‘Portas Pilot’ Margate.”
Daily Telegraph, 20th June 2013
Source: www.telegraph.co.uk
“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”
BBC News, 19th June 2013
Source: www.bbc.co.uk
“Controversial plans for a major extension to an airport which sits next to one of Britain’s most important nature reserves – as well as a nuclear power station – are to be challenged in court, it was announced today.”
The Independent, 28th May 2013
Source: www.independent.co.uk
“The Government has rejected a recommendation in a planning guidance review by Lord Taylor of Goss Moor to immediately cancel all out-of-date guidance before new guidance is published.”
OUT-LAW.com, 22nd May 2013
Source: www.out-law.com
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