Category: planning

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

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

The Independent, 29th April 2010

Source: www.independent.co.uk

Legal challenge to farmer’s green scheme in Talgarth – BBC News

Posted April 9th, 2010 in agriculture, energy, judicial review, news, planning by sally

“A national park has launched a legal challenge against the Welsh Assembly Government after it said a green energy plant could be built on a farm.”

BBC News, 8th April 2010

Source: www.bbc.co.uk

Supreme court preserves Coatham Common from housebuilding – The Guardian

Posted March 4th, 2010 in commons, news, planning, Supreme Court by sally

“Britain’s highest court today overturned a series of rulings and backed a campaign to save an undeveloped oasis on industrial Teesside as a village green.”

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 16th, 2010 in enforcement notices, housing, law reports, planning by sally

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 2010

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

Farmer loses fight to save home he hid behind hay bales – The Guardian

Posted February 3rd, 2010 in housing, news, planning by sally

“A Englishman’s house may be his castle – but it stills needs to have planning permission, a farmer learned the hard way today.”

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

The Guardian, 3rd February 2010

Source: www.guardian.co.uk

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 3rd, 2010 in appeals, change of use, housing, law reports, planning by sally

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Regina (Boggis and Another) v Natural England

Regina (Boggis and Another) v Natural England – Times Law Reports

Posted December 8th, 2009 in law reports, planning, sites of special scientific interest by sally

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

Prince of Wales could be asked to appear in court over role in Chelsea Barracks row – Daily Telegraph

Posted November 30th, 2009 in contracts, news, planning, royal family by sally

“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.”

R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304

Daily Telegraph, 29th November 2009

Source: www.telegraph.co.uk

R (Boggis) and another v Natural England – WLR Daily

Posted October 26th, 2009 in EC law, law reports, planning, sites of special scientific interest, statutory interpretation by sally

“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

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

Man guilty of destroying bat site – BBC News

Posted October 2nd, 2009 in animals, news, planning, protected species by sally

“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

Supermarket ‘test rules’ tweaked – BBC News

Posted October 2nd, 2009 in competition, news, planning by sally

“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

Judge clears way for ‘blot on the landscape’ – The Independent

Posted September 21st, 2009 in news, planning by sally

“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

Judge upholds tower block ruling – BBC News

Posted September 18th, 2009 in news, planning by sally

“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

Legal bid over temple demolition – BBC News

Posted August 20th, 2009 in historic buildings, injunctions, news, planning, Sikhism by sally

“A heritage group has started a legal challenge to try to prevent a Sikh temple in Kent from being demolished.”

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278

BBC News, 20th August 2009

Source: www.bbc.co.uk

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

Posted August 5th, 2009 in compulsory purchase, law reports, planning by sally

“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

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

Planning laws leave war memorials at risk, says London Assembly – The Times

Posted July 6th, 2009 in monuments, news, planning by sally

“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

Gordon Brown’s controversial eco-towns plan could be unlawful, according to top QCs – Daily Telegraph

Posted April 6th, 2009 in news, planning by sally

“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.”

Barnett v Secretary of State for Communities and Local Government and Another

Daily Telegraph, 6th April 2009

Source: www.telegraph.co.uk

Barnett v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted March 30th, 2009 in change of use, law reports, planning by sally

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

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council

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 – Times Law Reports

Posted March 27th, 2009 in law reports, planning, repairs by sally

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