Regina (Boggis and Another) v Natural England
Court of Appeal
“The notification of a site of special scientific interest by English Nature was not a plan or project requiring an assessment of its conservation implications on any special protection area which it might affect.”
The Times, 8th December 2009
Source: www.timesonline.co.uk
“The Prince of Wales could be asked to appear in court over his role in helping to block the £3 billion Chelsea Barracks housing scheme designed by Lord Rogers.”
Daily Telegraph, 29th November 2009
Source: www.telegraph.co.uk
R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304
“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”
WLR Daily, 23rd October 2009
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.
“A planning consultant has been convicted of two charges of damaging or destroying the sites of protected bat species at a former hospital building.”
BBC News, 2nd October 2009
Source: www.bbc.co.uk
“The Competition Commission will press ahead with tougher planning hurdles to stop supermarkets dominating in a local area – but has revised its rules.”
BBC News, 2nd October 2009
Source: www.bbc.co.uk
“Objections to a 43-storey residential block on London’s South Bank were thrown out by a High Court Judge today.”
The Independent, 18th September 2009
Source: www.independent.co.uk
“A judge has upheld a government decision to allow construction of a controversial 43-storey tower block on London’s South Bank.”
BBC News, 17th September 2009
Source: www.bbc.co.uk
“A heritage group has started a legal challenge to try to prevent a Sikh temple in Kent from being demolished.”
BBC News, 20th August 2009
Source: www.bbc.co.uk
“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”
WLR Daily, 3rd August 2009
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.
“Hundreds of war memorials are at risk of being lost or damaged because planning laws fail to cover their preservation, according to a report published today.”
The Times, 6th July 2009
Source: www.timesonline.co.uk
“Gordon Brown’s controversial eco-towns plan could be unlawful, according to top QCs. The legal opinions cast fresh doubts on the Prime Minister’s plans for up to 10 of the towns across England.”
Daily Telegraph, 6th April 2009
Source: www.telegraph.co.uk
Barnett v Secretary of State for Communities and Local Government and Another
Court of Appeal
“Where full planning permission had been granted for the construction of buildings, the grant approved the application plans and drawings unless the permission expressly stated otherwise. The general rule in construing permissions to have regard only to the permission unless the ancillary plans and drawings had been expressly incorporated, applied only to outline planning permission.”
The Times, 30th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council
Queen’s Bench Division
“Where only part of a building was in such condition as to affect adversely the amenity of the area, the local planning authority had no power to serve a notice requiring the taking of remedial steps on those occupying other parts of the building.”
The Times, 27th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107
“The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission. Where full planning permission was granted for the construction of buildings, the grant approved the application plans and drawings unless the grant expressly stated otherwise.”
WLR Daily, 24th March 2009
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.
“When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.
WLR Daily, 23rd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
“Campaigners have lost their High Court battle to block the expansion of Stansted Airport.”
The Times, 13th March 2009
Source: www.timesonline.co.uk
“Plans for an expansion of Stansted Airport in Essex which were given the go-ahead by the government are facing a High Court challenge.”
BBC News, 24th February 2009
Source: www.bbc.co.uk
“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”
BBC News, 27th January 2009
Source: www.bbc.co.uk
“Proposals to save businesses and councils £300m a year by cutting red tape in the planning application process will be set out today in a review published alongside the Pre-Budget Report.”
The Independent, 24th November 2008
Source: www.independent.co.uk
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