Winfield v Secretary of State for Communities and Local Government – WLR Daily

Posted November 9th, 2012 in advertising, enforcement notices, law reports, planning by tracey

Winfield v Secretary of State for Communities and Local Government: [2012] EWCA Civ 1415;   [2012] WLR (D)  311

“An applicant seeking deemed planning consent for ten years’ continual use of land for the display of advertisements would not satisfy the requisite conditions if, in the face of threatened enforcement action, he had removed and then reinstated advertisements. Such material breaks would negate continual use. Wooden posts or structures left on site on which the advertisements were placed did not constitute advertisements in themselves so as to satisfy the requisite time period for deemed consent.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Challenges to EIA screening directions could undergo judicial review – OUT-LAW.com

Posted October 26th, 2012 in appeals, environmental protection, judicial review, news, planning by tracey

“The Court of Appeal could be asked to carry out a judicial review of a Secretary of State decision on a screening direction for an environmental impact assessment (EIA) and to apply a lower threshold of reasonableness than ‘Wednesbury’ unreasonableness in its assessment.”

Full story

OUT-LAW.com, 24th October 2012

Source: www.out-law.com

CIL: What Price Planning (or, How to Work & Work With the Tax System)? – Thirty Nine Essex Street

Posted October 23rd, 2012 in news, planning, taxation by sally

“In 1947, the Labour Government nationalized land development value. The outgoing Labour Government nationalized development hope value through its CIL Regulations which came into force in April 2010 just before its May defeat.”

Full story (PDF)

Thirty Nine Essex Street, October 2012

Source: www.39essex.com

Demolition and construction of sports pavilion does not require EIA screening opinion, says High Court judge – OUT-LAW.com

Posted October 18th, 2012 in environmental health, news, planning by sally

“The demolition of an existing sports pavilion and the construction of a new one is not an urban development project and does not require a screening opinion to determine if an Environmental Impact Assessment (EIA) is needed, a High Court judge has ruled.”

Full story

OUT-LAW.com, 17th October 2012

Source: www.out-law.com

Government to consult on temporary stop notices to prevent unauthorised traveller sites – OUT-LAW.com

Posted October 12th, 2012 in consultations, fines, local government, news, planning, travellers by sally

“Communities secretary Eric Pickles has set out the details of plans announced by him earlier this week to remove restrictions on the use of temporary stop notices, giving councils greater freedom to prevent unauthorised traveller sites being set up.”

Full story

OUT-LAW.com, 11th October 2012

Source: www.out-law.com

Landlord fined £1.4m for converting house to flats without planning permission – OUT-LAW.com

Posted October 5th, 2012 in enforcement notices, fines, news, planning, proceeds of crime by tracey

“A Norwich Crown Court judge has imposed a £1.4 million fine on a landlord under the Proceeds of Crime Act (POCA) for converting a house in north-west London into 12 flats without planning permission.”

Full story

OUT-LAW.com, 4th October 2012

Source: www.out-law.com

Reform of planning laws tampers dangerously with the procedural safeguards – Halsbury’s Law Exchange

Posted October 3rd, 2012 in construction industry, housing, news, planning by sally

“A recently announced government reform of the planning laws would extend permitted development rights to house extensions of double the pre-existing limits, to 6m (19 feet) beyond the back wall of a semi-detached house, or 8m (26 feet) in the case of a detached house. The relaxation of the rules, for a fixed three year period, is designed to stimulate construction activity and economic growth. These proposals, however, which will remove the requirement for planning permission, rest on a fundamental misconception as to the role of the planning system. Planning is supposed to deliver a balanced decision based on weighing up all relevant considerations. As any local parish or district councillor knows, extension proposals are often the most contentious proposals because of neighbours’ concerns over loss of privacy, amenity and reduction of property values. Poisonous neighbourhood disputes will undoubtedly increase across the land because concerned neighbours and councillors will no longer have a say on these important local matters.”

Full story

Halsbury’s Law Exchange, 3rd October 2012

Source: www.halsburyslawexchange.co.uk

High Court orders judicial review over HMR transitional fund – OUT-LAW.com

Posted September 21st, 2012 in housing, judicial review, news, planning by tracey

“Campaign group Save Britain’s Heritage (SAVE) has won the right to a judicial review of the Government’s £35 million transitional fund to help councils after the closure of the Housing Market Renewal (HMR) fund.”

Full story

OUT-LAW.com, 20th September 2012

Source: www.out-law.com

Environmental and Planning Law – Uneasy Bedfellows? – Thirty Nine Essex Street

Posted September 17th, 2012 in environmental protection, news, planning by sally

“This paper sets out to provide an inevitably selective overview of the environmental law and policy developments in recent years and how, if at all, the planning system can contribute to meeting those objectives, or (if bad decisions are taken) detracting from them. This will involve two main strands of discussion, based on the commonly quoted idea that environmental law and policy range from very large matters (‘the stratosphere’) to very local concerns (‘the street corner’).”

Full story

Thirty Nine Essex Street, 15th September 2012

Source: www.39essex.com

Planning rules on extensions to be relaxed ‘to boost economy’ – BBC News

Posted September 6th, 2012 in construction industry, housing, news, planning by sally

“The government wants to get planning officers ‘off people’s backs’ with a relaxation of current rules in England.”

Full story

BBC News, 6th September 2012

Source: www.bbc.co.uk

New guidance launched to tackle ‘beds in sheds’ – Home Office

Posted September 3rd, 2012 in immigration, landlord & tenant, planning, press releases by tracey

“The UK Border Agency (UKBA) has contributed to new guidance to help local authorities deal with rogue landlords and the issue of migrants living in illegally-built outhouses known as ‘beds in sheds’.”

Full press release

Home Office, 31st August 2012

Source: www.homeoffice.gov.uk

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted August 7th, 2012 in environmental protection, news, planning by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, August 2012

Source: www.39essex.com

End protest at travellers’ site or face jail, villagers told – Daily Telegraph

Posted August 3rd, 2012 in demonstrations, local government, news, planning by tracey

“Villagers who set up a protest camp after a group of travellers moved on to green belt land near their homes were last night facing threats of £20,000 fines or even jail unless they leave.”

Full story

Daily Telegraph, 3rd August 2012

Source: www.telegraph.co.uk

Three Articles on Local Government Law – 11 KBW

Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

High speed train opponents granted court hearing – Daily Telegraph

Posted July 27th, 2012 in environmental protection, judicial review, news, planning, railways by sally

“Plans to build a high speed line from London to the Midlands were dealt a blow yesterday with the High Court granting opponents the right to seek judicial review against the scheme.”

Full story

Daily Telegraph, 27th July 2012

Source: www.telegraph.co.uk

Planning Inspector failed to give adequate reasons for refusal, says High Court – OUT-LAW.com

Posted July 26th, 2012 in news, planning, reasons by sally

“A planning inspector failed to give adequate reasons to justify his decision to refuse planning permission to a property developer, the High Court has ruled.”

Full story

OUT-LAW.com, 25th July 2012

Source: www.out-law.com

Court of Appeal refuses Secretary of State Sandbach appeal – OUT-LAW.com

Posted July 25th, 2012 in appeals, local government, news, planning by tracey

“The Court of Appeal has upheld a High Court ruling that Secretary of State Eric Pickles must reconsider his refusal of plans for 280 homes on a greenfield site at Sandbach, Cheshire.”

Full story

OUT-LAW.com, 24th July 2012

Source: www.out-law.com

Former Dale Farm travellers face new eviction attempt – The Guardian

Posted July 25th, 2012 in housing, local government, news, planning, repossession, travellers by tracey

“Basildon council is preparing to bring back bailiffs after travellers removed from Europe’s largest illegal site at Dale Farm in Essex moved to a neighbouring settlement.”

Full story

The Guardian, 25th July 2012

Source: www.guardian.co.uk

 

High Court rules on the history of the caravan – Daily Telegraph

Posted July 25th, 2012 in housing, news, planning by tracey

“A senior judge wrote a brief history of the caravan after the Court of Appeal ruled on a planning dispute.”

Full story

Daily Telegraph, 24th July 2012

Source: www.telegraph.co.uk

Draft planning fees regulations laid before Parliament – OUT-LAW.com

Posted July 24th, 2012 in fees, news, planning, regulations by tracey

“Draft regulations which propose to allow local planning authorities to increase the fees they charge for planning applications have been laid before Parliament, but the cap on the maximum fees that can be charged remains the same.”

Full story

OUT-LAW.com, 23rd July 2012

Source: www.out-law.com