New planning laws threaten green belt – Daily Telegraph

Posted July 26th, 2011 in consultations, environmental protection, news, planning by tracey

“The biggest shake up in the planning system for 50 years will allow sprawling out of town developments on the green belt, campaigners have warned.”

Full story

Daily Telegraph, 26th July 2011

Source: www.telegraph.co.uk

Tesco opponents win day in court – The Guardian

Posted June 16th, 2011 in judicial review, news, planning by sally

“Planning permission review announced over Bristol store at centre of rioting.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Regina (Cala Homes (South) Ltd v Secretary of State for Communities and Local Government (No 2) – WLR Daily

Posted June 2nd, 2011 in appeals, law reports, planning, regional strategies by sally

Regina (Cala Homes (South) Ltd v Secretary of State for Communities and Local Government (No 2) [2011] EWCA Civ 639; [2011] WLR (D) 187

“The fact that the government was going ahead with the abolition of regional planning strategies in England was a legitimate material consideration for those determining planning applications and appeals even though the existing statutory framework required that each region should have a regional strategy.”

WLR Daily, 27th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Avon Estates Ltd v Welsh Ministers and another – WLR Daily

Posted May 23rd, 2011 in law reports, local government, planning, time limits by sally

Avon Estates Ltd v Welsh Ministers and another [2011] EWCA Civ 55; [2011] WLR (D) 168

“Conditions attached to planning permission granted for a limited period could not be enforced against the landowner when the permissions had become spent and the planning authority had failed to enforce the removal of the building or the cessation of the permitted use so that the buildings became immune from enforcement action.”

WLR Daily, 16th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chalet firm Avon Estates wins all-year court appeal – BBC News

Posted May 18th, 2011 in local government, news, planning, time limits by tracey

“The owners of a Ceredigion holiday park have won a court ruling over the right to use their 42 chalets all year round.”

Full story

BBC News, 16th May 2011

Source: www.bbc.co.uk

‘Neighbourhood’ planning powers to be trialled – BBC News

Posted April 4th, 2011 in local government, news, planning by sally

“People living in parts of England will be able to decide where new houses, shops and businesses should go in their neighbourhood, under a localism trial.”

Full story

BBC News, 2nd April 2011

Source: www.bbc.co.uk

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 30th, 2011 in appeals, EC law, judicial review, law reports, planning by sally

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Posted March 21st, 2011 in declaratory judgment, enforcement, law reports, planning, rights of way by sally

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Property planning rules to soften – BBC News

Posted March 21st, 2011 in change of use, news, planning by sally

“Measures to make it easier for firms in England to convert commercial property into private dwellings are to be announced by the government in the Budget, the BBC has learned.”

Full story

BBC News, 19th March 2011

Source: www.bbc.co.uk

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government – WLR Daily

Posted February 9th, 2011 in judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government [2011] EWHC 97 (Admin); [2011] WLR (D) 39

“A stated intention by the Government to abolish regional strategies and to promote legislation for that purpose was capable in law of constituting, for the purposes of section 70(2) of the Town and Country Planning Act 1990, a ‘material consideration’ to which planning authorities could have taken regard in making determinations of applications for planning permission. The Secretary of State’s announced intention to abolish regional strategies did not compromise the duty of local planning authorities under section 19 of the Planning and Compulsory Purchase Act 2004 (as amended) to have regard to regional strategies when preparing a development plan or any other local development document.”

WLR Daily, 8th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court challenge to Hampton Court development fails – BBC News

Posted February 1st, 2011 in news, planning by sally

“A High Court bid to block plans for a hotel and flats on a derelict site on the opposite side of the Thames from Hampton Court Palace has failed.”

Full story

BBC News, 31st January 2011

Source: www.bbc.co.uk

Ashford Borough Council v Barratt and another – WLR Daily

Posted January 28th, 2011 in change of name, law reports, listed buildings, planning by sally

“Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Morge) v Hampshire County Council – WLR Daily

Posted January 20th, 2011 in animals, EC law, environmental protection, law reports, planning by sally

Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5

“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”

WLR Daily, 19th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Soil Association given libel warning after objection to huge pig farm – The Guardian

Posted January 19th, 2011 in agriculture, animals, defamation, news, planning by sally

“When a charity objected to plans for a pig factory for up to 25,000 animals, they expected a fight. But now the battle looks likely to intensify after the leading London lawyers Carter-Ruck threatened libel proceedings.”

Full story

The Guardian, 18th January 2011

Source: www.guardian.co.uk

Conan Doyle supporters take Undershaw fight to court – BBC News

Posted December 17th, 2010 in judicial review, news, planning by sally

“Opponents of plans to convert Sir Arthur Conan Doyle’s former Surrey home into flats are taking their fight to the High Court.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government – WLR daily

Posted November 12th, 2010 in housing, judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Big society’ decision to scrap regional housing targets ruled unlawful – The Guardian

Posted November 11th, 2010 in housing, judicial review, news, planning by sally

“A decision by the communities secretary, Eric Pickles, to scrap regional housing targets in pursuit of the government’s ‘big society’ initiative was ruled unlawful by the high court today.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Legal bid to block building near Hampton Court Palace – BBC News

Posted October 29th, 2010 in news, planning by sally

“A row over controversial plans for a development on a derelict site opposite the Grade I-listed Hampton Court Palace has moved to the High Court.”

Full story

BBC News, 28th October 2010

Source: www.bbc.co.uk

Tesco wins new Ilkley superstore appeal – BBC News

Posted September 6th, 2010 in appeals, news, planning by sally

“Supermarket giant Tesco has won permission to build a new superstore in a West Yorkshire town after a controversial planning appeal.”

Full story

BBC News, 4th September 2010

Source: www.bbc.co.uk

Review of FA national football centre Burton homes plan – BBC News

Posted September 3rd, 2010 in housing, judicial review, local government, news, planning, sport by sally

“A claim for a judicial review has been lodged into a council’s decision to give planning consent for the National Football Centre in Staffordshire.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk