“Travellers living at the side of the road near the former Dale Farm site face being evicted for a second time after Basildon council, in Essex, voted to take ‘direct action’ to remove the families who remain.”
The Guardian, 19th December 2012
Source: www.guardian.co.uk
“The Government is seeking views on a package of measures to stem the growth in applications for judicial reviews. The measures aim to tackle the burden that this growth has placed on stretched public services whilst protecting access to justice and the rule of law. The engagement exercise seeks views on proposals in three key areas; reducing the time limits for bringing a judicial review relating to procurement or planning, bringing them into line with the appeal timetable which already applies to those cases.”
Ministry of Justice, 13th December 2012
Source: www.justice.gov.uk
White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374
“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”
Hardwicke Chambers, 10th December 2012
Source: www.hardwicke.co.uk
“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”
LegalVoice, 29th November 2012
Source: www.legalvoice.org.uk
“A working father who refused to leave his family-owned land in the ‘millionaires’ row’ of a picturesque village while he sought permission for a £32,000 eco-house has been jailed.”
Daily Telegraph, 23rd November 2012
Source: www.telegraph.co.uk
“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”
The Independent, 19th November 2012
Source: www.independent.co.uk
“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”
Daily Telegraph, 18th November 2012
Source: www.telegraph.co.uk
Environmental and Planning Law Newsletter (PDF)
Thirty Nine Essex Street, November 2012
Source: www.39essex.com
“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
“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.”
OUT-LAW.com, 24th October 2012
Source: www.out-law.com
“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
“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.”
OUT-LAW.com, 17th October 2012
Source: www.out-law.com
“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.”
OUT-LAW.com, 11th October 2012
Source: www.out-law.com
“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.”
OUT-LAW.com, 4th October 2012
Source: www.out-law.com
“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.”
Halsbury’s Law Exchange, 3rd October 2012
Source: www.halsburyslawexchange.co.uk
“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.”
OUT-LAW.com, 20th September 2012
Source: www.out-law.com
“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’).”
Thirty Nine Essex Street, 15th September 2012
Source: www.39essex.com
“The government wants to get planning officers ‘off people’s backs’ with a relaxation of current rules in England.”
BBC News, 6th September 2012
Source: www.bbc.co.uk
“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’.”
Home Office, 31st August 2012
Source: www.homeoffice.gov.uk
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