San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily

San Vicente and another v Secretary of State for Communities and Local Government and others [2013] EWCA Civ 817; [2013] WLR (D) 267

“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

Appeal inquiry of 100-home Essex scheme unfair, rules High Court – OUT-LAW.com

Posted July 4th, 2013 in appeals, housing, inquiries, news, planning by sally

“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.”

Full story

OUT-LAW.com, 3rd July 2013

Source: www.out-law.com

Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“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

Pickles faces legal challenge over Tesco in ‘Portas Pilot’ Margate – Daily Telegraph

Posted June 21st, 2013 in environmental protection, judicial review, news, planning by sally

“Communities minister Eric Pickles is facing a legal challenge over his decision
to allow Tesco to build a huge superstore in ‘Portas Pilot’ Margate.”

Full story

Daily Telegraph, 20th June 2013

Source: www.telegraph.co.uk

Waterloo tower block ‘threatens view of Westminster’ – BBC News

Posted June 19th, 2013 in building law, judicial review, news, planning by sally

“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Airport expansion on ‘vital’ nature reserve to be challenged in court – The Independent

Posted May 29th, 2013 in airports, environmental protection, inquiries, news, nuclear power, planning by sally

“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.”

Full story

The Independent, 28th May 2013

Source: www.independent.co.uk

Out-of-date planning guidance will not be cancelled immediately, says Boles – OUT-LAW.com

Posted May 23rd, 2013 in consultations, news, planning, standards by sally

“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.”

Full story

OUT-LAW.com, 22nd May 2013

Source: www.out-law.com

Enterprise and Regulatory Reform Act 2013 – legislation.gov.uk

Full text of Act

Source: www.legislation.gov.uk

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.”

Full story

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 sally

“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.”

Full story

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.”

Full story

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 sally

“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.”

Full story

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 sally

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 sally

“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