“The High Court has overturned a decision by the Environment Agency to designate land along a 36 mile stretch of the Manchester Ship Canal as a high risk flood zone.”
OUT-LAW.com, 21st June 2012
Source: www.out-law.com
“Multi-million pound plans to regenerate historic Crystal Palace Park were upheld by the High Court today.”
The Independent, 12th June 2012
Source: www.independent.co.uk
“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:
‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’
This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”
Hardwicke Chambers, 7th June 2012
Source: www.hardwicke.co.uk
“A High Court judge has ruled that plans to develop the former home of Sherlock Holmes creator Sir Arthur Conan Doyle ‘must be quashed.’ ”
BBC News, 30th May 2012
Source: www.bbc.co.uk
“A High Court Judge has quashed a London borough council’s adoption of a Supplementary Planning Document.”
OUT-LAW.com, 28th May 2012
Source: www.out-law.com
“I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. So the upshot is that PINS can retain whatever advice which led them to refuse this request for a public inquiry in a locally controversial case.”
UK Human Rights Blog, 22nd May 2012
Source: www.ukhumanrightsblog.com
Barker v Hambleton District Council [2012] EWCA Civ 610; [2012] WLR (D) 149
“The time limit for making an application to the High Court in relation to a local development plan under section 113(4) of the Planning and Compulsory Purchase Act 2004 ran from the date on which the plan was adopted by the local authority.”
WLR Daily, 9th May 2012
Source: www.iclr.co.uk
“The Court of Appeal has ruled in favour of Stockton Council to allow it to proceed with the demolition of Billington House, the former headquarters of chemical company ICI, and now a derelict office block.”
OUT-LAW.com, 11th May 2012
Source: www.out-law.com
“A Yorkshire landowner Edward Barker has lost his challenge against Hambleton District Council’s decision not to allocate his land for housing development, because his claim was too late.”
OUT-LAW.com, 10th May 2012
Source: www.out-law.com
“Campaign group Friends of the Earth (FoE) has applied to the High Court to launch a legal challenge against the Forest of Dean District Council’s Core Strategy (CS) and Cinderford area action plan (AAP), which was adopted by the Council in February.”
OUT-LAW.com, 26th April 2012
Source: www.out-law.com
“The Court of Appeal has rejected a local resident’s claim that Southwark Council should have ensured that better and larger community facilities were provided as part of a local development and that this was a ‘substantive legitimate expectation’.”
OUT-LAW.com, 25th April 2012
Source: www.out-law.com
“The High Court has ruled that Basingstoke and Dean Borough Council was wrong to exclude 809 hectares of land from its potential housing allocation sites in its emerging Core Strategy.”
OUT-LAW.com, 18th April 2012
Source: www.out-law.com
“An environmental campaigner’s legal challenge to a housing development has failed.”
OUT-LAW.com, 17th April 2012
Source: www.out-law.com
“A further legal challenge has been launched against the Government’s decision to proceed with the proposed £33 billion High Speed 2 network, which will provide high speed rail links between major cities in the UK.”
OUT-LAW.com, 12th April 2012
Source: www.out-law.com
“The statutory contaminated land regime has changed, with the principal change being to the definition of contaminated land. The changes took effect on 6 April.”
OUT-LAW.com, 11th April 2012
Source: www.out-law.com
“On 25 March 2012 the government issued its new planning policy on the provision of caravan sites for Gypsies and Travellers: Planning policy for traveller sites (‘PPFTS’). The policy document replaces both Circular 1/2006 Planning for Gypsy and Traveller Caravan Sites and Circular 04/2007 Planning for Travelling Showpeople and should be read in conjunction with the government’s National Planning Policy Framework (‘NPPF’) which was published on 27 March 2012. Both policy documents came into force on that date.”
Garden Court Chambers Blog, 11th April 2012
Source: www.gclaw.wordpress.com
“The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide an air pollution issue, rather than leave it to the Environment Agency. In a nutshell, the Inspector (and hence the Secretary of State) was entitled to change his mind on this issue. So the expectation crumbled, and so did this judicial review to quash a decision to allow a waste incinerator to proceed.”
UK Human Rights Blog, 30th March 2012
Source: www.ukhumanrightsblog.com
“Two first-instance cases last year (Buglife, and Broads) considered whether a defendant to a judicial review involving a European point can complain that the proceedings were not commenced ‘promptly’ even though they were commenced within the 3 month time limit. Both judges decided that this argument could not be advanced, even though the wording in CPR rule 54.5(1) reads ‘promptly and in any event not later than 3 months.’ The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. The point was in one sense academic, because the Court thought there was no merit in the underlying proceedings, but the ruling is still important.”
UK Human Rights Blog, 29th March 2012
Source: www.ukhumanrightsblog.com
“Planning minister Greg Clarke has said there should be a presumption against the building of more out-of-town shopping centres, and insisted the green belt would continue to be protected, as he announced the biggest shakeup of the planning system for more than half a century.”
The Guardian, 27th March 2012
Source: www.guardian.co.uk
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