The Duty to Co-Operate and other Conundrums – No. 5 Chambers

Posted March 27th, 2012 in environmental protection, news, planning by sally

“In this paper we propose to deal with a miscellany of current conundrums associated with important changes in the law in relation to planning and environmental legislation. The issues to be addressed are, firstly, the vexed question of the proper approach to the duty to co-operate in the context of local development documents that are already progressing through the system. The paper also addresses recent developments and current initiatives in relation to the funding of environmental litigation so as to address the question of compliance with the Aarhus Convention and the legislative follow-up to Jackson LJ’s proposals in respect of costs. Finally, there is discussion in relation to the Community Infrastructure Levy Regulations 2010 and the approach taken in the Court of Appeal recently.”

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No. 5 Chambers, 19th March 2012

Source: www.no5.com

National parks to be protected as planning reforms are amended – The Guardian

Posted March 27th, 2012 in areas of outstanding natural beauty, news, parks, planning by sally

“The government is set to make important concessions to opponents of its planning reforms, including specific protections for national parks and areas of outstanding natural beauty.”

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The Guardian, 26th March 2012

Source: www.guardian.co.uk

Environmental and planning law newsletter – Thirty Nine Essex Street

Environmental and planning law newsletter (PDF)

Thirty Nine Essex Street, March 2012

Source: www.39essex.com

Court of Appeal ruling allows Taylor Wimpey development to proceed – OUT-LAW.com

Posted March 21st, 2012 in appeals, housing, news, planning, roads by sally

“Developer Taylor Wimpey can proceed with its 138 home development in Chippenham following a Court of Appeal ruling which confirmed that a lane, which is crucial to the development, is a public vehicular highway, and not a bridleway limited to walkers and riders.”

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OUT-LAW.com, 21st March 2012

Source: www.out-law.com

Wind and peat: another step along the reasons trail – UK Human Rights Blog

Posted March 16th, 2012 in environmental protection, inquiries, news, planning, reasons by sally

“Welsh Ministers v. RWE Npower Renewables Ltd [2012] EWCA Civ 311, reversing RWE Npower Renewables v. Welsh Ministers & Swansea Council [2011] EWHC 1778 (Admin). In my previous post on this case, I summarised the judge’s findings as to why this Planning Inspector had gone wrong at the wind farm inquiry. The Inspector turned down the appeal because the positioning of individual turbines might lead to damage to deep deposits of peat found on this site. The judge, Beatson J, thought the inspector had not explained his reasons for his conclusions in sufficiently clear a form. Nor did the Inspector give the wind farm developer an opportunity to deal with his concerns. So said the judge. But the Court of Appeal disagreed – showing how it is not easy to ‘call’ the merits of these reasons challenges.”

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UK Human Rights Blog, 15th March 2012

www.ukhumanrightsblog.com

 

Court of Appeal: Herefordshire Council’s use of planning report did not provide adequate reasons for grant – OUT-LAW.com

Posted March 13th, 2012 in appeals, local government, news, planning by sally

“A local authority should not have used a report recommending the refusal of planning permission as justification for allowing that planning permission, the Court of Appeal has ruled.”

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OUT-LAW.com, 12th March 2012

Source: www.out-law.com

Local planning authorities’ acceptance of cheques in place of green space undertakings is contrary to guidance says judge – OUT-LAW.com

Posted March 5th, 2012 in environmental protection, local government, news, planning by sally

“It is ‘extremely surprising’ that some local authorities accept cheques from developers making planning applications to compensate for the effect of a development on green space, according to a report of the ruling.”

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OUT-LAW.com, 2nd March 2012

Source: www.out-law.com

‘Localism’ too vague to measure planning applications by, says High Court – OUT-LAW.com

Posted March 5th, 2012 in local government, news, planning by sally

“‘Localism’ is not a concept against which planning applications can be measured, the High Court has said in a decision which has quashed a decision letter which had refused planning application for a development.”

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OUT-LAW.com, 2nd March 2012

Source: www.out-law.com

Lawrence and another v Fen Tigers Ltd (in liquidation) and others – WLR Daily

Posted March 1st, 2012 in appeals, law reports, noise, nuisance, planning, sport by sally

Lawrence and another v Fen Tigers Ltd (in liquidation) and others: [2012] EWCA Civ 26;  [2012] WLR (D)  49

“If the character of a locality had been changed as a consequence of planning permission having been granted and implemented, then the question whether particular activities in that locality constituted a nuisance should be decided against the background of its changed character. One consequence might be that otherwise offensive activities in that locality would cease to constitute a nuisance.”

WLR Daily, 27th February 2012

Source: www.iclr.co.uk

Court of Appeal allows 584 home Blackpool development despite RSS revocation – OUT-LAW.com

Posted February 29th, 2012 in appeals, housing, judicial review, local government, news, planning by sally

“The Court of Appeal has allowed a 584 home development in Blackpool to go ahead, dismissing an appeal against permission for the development. ”

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OUT-LAW.com, 28th February 2012

Source: www.out-law.com

Norfolk urbanisation protesters win High Court battle – BBC News

Posted February 25th, 2012 in demonstrations, environmental protection, local government, news, planning by sally

“Campaigners fighting town and city expansion in Norfolk have won a High Court battle with council planners. The group Snub (Stop Norwich Urbanisation), took action against Broadland District, South Norfolk District and Norwich City councils. The judge ruled that plans for 33,000 properties and the new Norwich northern distributor road had not been properly assessed.”

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BBC News, 24th February 2012

Source: www.bbc.co.uk

CIL: what price planning? – Thirty Nine Essex Steet

Posted February 16th, 2012 in local government, news, planning by sally

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

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Thirty Nine Essex Street, February 2012

Source: www.39essex.com

Mega pig-farm could breach human rights, council warned – The Guardian

Posted February 13th, 2012 in agriculture, environmental health, human rights, news, planning by sally

“Controversial plans to build a US-style mega pig-farm in South Derbyshire close to a prison and residential housing pose serious health risks to those living and working there and could breach their legal rights to protection of their private and family life, the local council is being warned.”

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The Guardian, 10th February 2012

Source: www.guardian.co.uk

Defra to issue new guidelines for building on polluted land – The Guardian

Posted February 7th, 2012 in contamination, environmental health, news, planning, pollution by sally

“Building on land contaminated by industrial pollution or even asbestos will be made easier after government regulations are published today, experts claim.”

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The Guardian, 7th February 2012

Source: www.guardian.co.uk

Wind Farm Inquiries – A Practical Note – No.5 Chambers

Posted January 25th, 2012 in carbon dioxide emissions, energy, news, planning by sally

“Government policy, over succeeding years, has been moving in a more permissive direction. The present extant national policy is found in PPS 1, Planning and Climate Change: Supplement to PPS 1, PPS 22 and Planning for Renewable Energy: A Companion Guide to PPS22. Further, under the coalition government a fresh suite of policies extolling the benefits of wind farm development in appropriate locations. This includes ‘The Presumption in Favour of Sustainable Development’, EN-1, EN-3 and the Renewable Energy Roadmap.”

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No.5 Chambers, 20th January 2012

Source: www.no5.com

Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers

Posted January 24th, 2012 in consultations, energy, judicial review, news, planning by sally

“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”

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No.5 Chambers, 20th January 2012

Source: www.no5.com

Transitional arrangements for Localism Act announced – OUT-LAW.com

Posted January 23rd, 2012 in legislative drafting, news, planning, referendums by sally

“Last minute transitional arrangements have been announced to facilitate a smooth transition for provisions in the Localism Act and to close a drafting loophole. The arrangements are set out in a Commencement Order, following the enactment of the Localism Act In November 2011.”

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OUT-LAW.com, 20th January 2012

Source: www.out-law.com

Dale Farm Travellers face new eviction battle after moving to nearby site – The Guardian

Posted January 20th, 2012 in news, planning, travellers by sally

“The fight for Dale Farm, which saw 80 families evicted from an unauthorised Traveller site after a gruelling 10-year battle, is not over yet. Basildon council has confirmed it is set to start procedures to evict Travellers who moved from Dale Farm on to a neighbouring site.”

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The Guardian, 19th January 2012

Source: www.guardian.co.uk

Kings Cliffe radioactive waste protesters lose appeal – BBC News

Posted January 20th, 2012 in inquiries, news, nuclear waste, planning by sally

“Campaigners have lost a Court of Appeal battle to stop low-level radioactive waste being dumped near their Northamptonshire village.”

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BBC News, 18th January 2011

Source: www.bbc.co.uk

Localism Act clarifies rules on predetermination – OUT-LAW.com

Posted January 19th, 2012 in bias, legislation, local government, news, planning by sally

“The fact that a member of a local planning authority’s planning committee has campaigned against a proposed development within the authority’s administrative area will not be taken as proof that they are not open minded, according to the clarified rules on predetermination in the Localism Act.”

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OUT-LAW.com, 18th January 2012

Source: www.out-law.com