Growth and Infrastructure Act contains some welcome changes to village green regime, says expert – OUT-LAW.com

“A new law will make it harder for residents to use town and village green (TVG) laws to oppose the development of land, an expert has said.”

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OUT-LAW.com, 1st May 2013

Source: www.out-law.com

Regina (Evans) v Basingstoke and Deane Borough Council and another – WLR Daily

Regina (Evans) v Basingstoke and Deane Borough Council and another: [2013] EWHC 899 (Admin);   [2013] WLR (D)  150

“The existence in English law of a ten year period after which a breach of planning control was no longer actionable was not incompatible with the terms of Council Directive 85/337/EEC (the Environmental Impact Assessment Directive).”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

Judge throws out Sir Victor Blank’s bid to stop basement development – Daily Telegraph

Posted April 26th, 2013 in housing, injunctions, news, planning by tracey

“A High Court judge has opened the way for a City trader to build an underground
swimming pool at his London home, despite objections from a string of
high-profile neighbours, including Sir Victor Blank, the former banker, and
Richard Madeley, the television presenter.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk

Uprichard (Appellant) v Scottish Ministers and another – Supreme Court

Posted April 25th, 2013 in environmental protection, law reports, planning, Scotland, Supreme Court by sally

Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted April 23rd, 2013 in consultations, delay, fees, immigration, judicial review, news, planning by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”

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Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Judicial review controls unveiled – BBC News

Posted April 23rd, 2013 in civil justice, fees, immigration, judicial review, news, planning by sally

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

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BBC News, 23rd April 2013

Source: www.bbc.co.uk

Council to review wind turbine policy after High Court rejects residential “buffer zone” – OUT-LAW.com

Posted April 19th, 2013 in energy, judicial review, local government, news, planning by tracey

“A council could not amend its wind turbine planning policy to ensure a larger ‘buffer zone’ between turbines and residential properties than that already set out in its local plan, the High Court has ruled.17 Apr 2013.”

Full story

OUT-LAW.com, 17th April 2013

Source: www.out-law.com

High court rules against ‘buffer zones’ for windfarms – The Guardian

Posted April 16th, 2013 in energy, local government, news, planning by sally

“Wind energy developers are celebrating today after the high court ruled that Milton Keynes Borough Council’s attempts to impose a ‘buffer zone’ for new wind farm projects were unlawful.”

Full story

The Guardian, 15th April 2013

Source: www.guardian.co.uk

Planning policy versus the UN rights of the child – UK Human Rights Blog

Posted April 12th, 2013 in children, environmental protection, human rights, news, planning, travellers by sally

“As the judge explicitly recognised, this case raised the clash of two principles – how to resolve the policy-driven field of planning with the rights of family under Article 8 ECHR and of the child under Article 3 of the UN Convention on the Rights of the Child (UNCRC).”

Full story

UK Human Rights Blog, 11th April 2013

Source: www.ukhumanrightsblog.com

Councils to get tougher powers to tackle Traveller sites – The Guardian

Posted April 2nd, 2013 in local government, news, planning, regulations, travellers by sally

“Councils will be given stronger powers to stop illegal Travellers’ sites being set up, communities and local government secretary Eric Pickles has announced.”

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The Guardian, 29th March 2013

Source: www.guardian.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another – WLR Daily

Posted March 27th, 2013 in consultations, law reports, planning, railways by tracey

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another: [2013] EWHC 481 (Admin);   [2013] WLR (D)  122

“A command paper setting out the Government’s proposed strategy for the development of a high speed rail network followed after consultation by an announcement of decisions and next steps was not an administrative provision requiring a plan or programme necessitating an environmental assessment under the terms of the Strategic Environmental Assessment Directive 2001/42/EC.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Gipsies ordered to leave after three-year village fight – Daily Telegraphj

Posted March 27th, 2013 in appeals, demonstrations, news, planning, travellers by tracey

“Villagers who have spent almost three years blockading an illegal gipsy camp
declared victory after a High Court judge ordered the travellers to leave.”

Full story

Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Heritage bodies win high court battle against Barnwell windfarm – The Guardian

Posted March 8th, 2013 in energy, local government, news, planning by tracey

“Leading heritage organisations have won a high court battle against plans for a windfarm they warn will result in substantial harm to a heritage area ‘of national significance.’ English Heritage and the National Trust say the case has national implications. They supported East Northamptonshire district council’s successful legal bid to block proposals submitted by West Coast Energy for four 300 feet (91 metre) turbines on farmland at Barnwell Manor in Sudborough.”

Full story

The Guardian, 8th March 2013

Source: www.guardian.co.uk

Court of Appeal downplays Aarhus – UK Human Rights Blog

Posted March 5th, 2013 in environmental protection, judicial review, news, planning by sally

“There have been important pronouncements over the years by the Aarhus Compliance Committee (ACC) about whether the UK planning system complies with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).”

Full story

UK Human Rights Blog, 4th March 2013

Source: www.ukhumanrightsblog.com

‘Wednesbury’ unreasonableness correct test for screening direction challenges, says Court of Appeal – OUT-LAW.com

“When deciding whether an environmental impact assessment (EIA) screening direction by the Secretary of State (SoS) was lawful, the appropriate test to apply is the Wednesbury unreasonableness test, the Court of Appeal has ruled.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily

Posted February 25th, 2013 in housing, law reports, local government, planning, time limits by sally

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others [2013] EWHC 286 (Admin); [2013] WLR (D) 73

“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

Full story

The Independent, 28th January 2013

Source: www.independent.co.uk

Public sector equality duty – planning permission for school – Education Law Blog

Posted January 18th, 2013 in education, equality, local government, news, planning by tracey

“In R. (on the application of Coleman) v Barnet LBC [2012] EWHC 3725 (Admin) , the High Court has held that the local authority had discharged its public sector equality duty (under section 149 of the Equality Act 2010) when granting planning permission for the development of a school on land on which a garden centre had been situated.”

Full story

Education Law Blog, 15th January 2013

Source: www.education11kbw.com

High Court upholds Secretary of State’s refusal of 1,000 Grantham homes – OUT- LAW.com

Posted December 21st, 2012 in housing, news, planning by tracey

“A High Court judge has dismissed a challenge to the Secretary of State’s refusal of developer Larkfleet Limited’s plans to build a 1,000-home urban extension to the north of Grantham in South Kesteven.”

Full story

OUT-LAW.com, 20th December 2012

Source: www.out-law.com