Category: planning
Crackdown on out-of-town superstores to protect small shops and curb ‘clone towns’ – The Independent
“Small shops are to be given some protection against competition from out-of-town supermarkets, Hazel Blears, the Communities Secretary, said. She added that this would help independent shops survive the credit crunch.”
The Independent, 11th July 2008
Source: www.independent.co.uk
Planning Bill’s Lords reading promises to be another moment of truth for Labour – The Lawyer
“Labour’s controversial Planning Bill, which is aimed at speeding up the planning process for big projects such as airports and nuclear power stations, is likely to transform the role of lawyers in the planning process.”
The Lawyer, 7th July 2008
Source: www.thelawyer.com
R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily
R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216
“Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.”
WLR Daily, 2nd July 2008
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 (Wychavon District Council) v Secretary of State for Communities and Local Government and Others – Times Law Reports
Court of Appeal
“The loss of their home by a Gypsy family with nowhere else to live was capable in law of being regarded as a very special factor for the purposes of the national guidance issued to local planning authorities and was to be weighed in the balance as between the value society attached to the protection of Gypsy homes against the public value of protecting the Green Belt.”
The Times, 1st July 2008
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.
Legal challenge to eco-town plans – BBC News
“A campaign group opposed to a proposed eco-town in Warwickshire has begun a legal challenge against the government.”
BBC News, 25th June 2008
Source: www.bbc.co.uk
R (Wychavon District Council) v Secretary of State for Communities and Local Government and others – WLR Daily
“The loss of a gipsy family’s home with no immediate prospect of replacement was capable in law of being regarded as a very special factor within para 3.2 of the Planning Policy Guidance Note 2 issued by the Secretary of State to local planning authorities. It was a factor to be weighed in the balance when considering the value society attached to the protection of gipsy homes against the public value of the protection of the Green Belt.”
WLR Daily, 24th June 2008
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.
Planning Bill concessions offered – BBC News
“Ministers have reached an agreement with one of the main Labour rebels over the Planning Bill, undermining a potentially damaging Commons defeat.”
BBC News, 24th June 2008
Source: www.bbc.co.uk
Not in our backyard! A Bill that threatens historic right to protest – The Independent
“More than 60 Labour MPs are threatening to derail plans to weaken people’s long-standing right to oppose the building of new nuclear power stations and airport runways in their own ‘backyards’.”
The Independent, 24th June 2008
Source: www.independent.co.uk
Gordon Brown facing serious revolt over planning laws – Daily Telegraph
“Gordon Brown faces his most serious Parliamentary revolt this week after a series of polls revealed a further decline in his popularity ahead of his first anniversary as Prime Minister.”
Daily Telegraph, 22nd June 2008
Source: www.telegraph.co.uk
Boy ordered to tear down treehouse over planning permission row – Daily Telegraph
“A teenage boy has been ordered to tear down his treehouse because he doesn’t have planning permission for it.”
Daily Telegraph, 12th June 2008
Source: www.telegraph.co.uk
‘Disaster’ planning law opposed – BBC News
“Environmental groups are campaigning against planning laws they claim will lead to ‘faceless bureaucrats’ taking decisions on major projects.”
BBC News, 9th June 2008
Source: www.bbc.co.uk
High court shuts landbanking firm – The Guardian
“An illegal landbanking scheme which sold plots of land to investors with the promise of big profits has had its assets frozen following action by the City watchdog.”
The Guardian, 4th June 2008
Source: www.guardian.co.uk
Fine threatened over posters of missing moggy – The Guardian
“A woman was threatened with a fine by her local council for putting posters on lampposts to find the owners of a lost cat. Public-spirited Joy Tracey wanted to reunite Copper the ginger tom with his owners after he was found whimpering in a garden.”
The Guardian, 24th May 2008
Source: www.guardian.co.uk
London Borough of Haringey v Secretary of State for Communities and Local Government and another – WLR Daily
“In holding that there were material considerations that warranted a departure from the claimant’s statutory development plan under s 38 of the Planning and Compulsory Purchase Act 2004, the inspector appointed by the first defendant had made a material error of fact amounting to an error in law when he granted planning permission under s 174(2)(a) of the Town and Country Planning Act 1990 to the second defendant for the unauthorised use for education, training and worship of a unit in premises within an area designated by the claimant in its development plan as a ‘defined employment area industrial location’.”
WLR Daily, 10th May 2008
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.
Rumbled: farmer who hid his illegal castle behind the hay – The Independent
“Mr Fidler, 59, built a mock-Tudor castle, complete with ramparts and cannons, on his farm in Salfords, Surrey in 2000. Because it was on green-belt land and unlikely to get planning permission, he concealed it behind a 40ft stack of hay bales, covered with a blue tarpaulin. He, his wife Linda, 39, and son, Harry, seven, moved in and in August 2006 he removed the hay bales and revealed their castle.”
The Independent, 10th May 2008
Source: www.independent.co.uk
Goodall v Peak District National Park Authority – WLR Daily
Goodall v Peak District National Park Authority; [2008] WLR (D) 99
“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 9th April 2008
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 (Buglife – The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corpn – WLR Daily
“In considering the tension between the purposes of s136 of the Local Government Planning and Land Act 1980 (bringing land into effective use) and s40 of the Natural Environment Act 2000 (conserving biodiversity) a benevolent construction should be given to planning decisions and, where a claimant contended that a decision was procedurally flawed, it was right to look behind the words used and see what had in substance been decided.”
WLR Daily, 25th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported the corresponding WLR Daily summary is removed.
New rules for front gardens to fight floods – The Guardian
“The government yesterday declared war on the traditional right of homeowners to cover their front gardens with asphalt, as part of a drive to save water and reduce the risk of flooding. New legislation will mean that only areas made of gravel or porous bricks or paving, which provide better drainage than hard surfaces, will not need planning permission.”
The Guardian, 8th February 2008
Source: www.guardian.co.uk
White v Herefordshire Council – Times Law Report
Court of Appeal
“A purchase notice under Part VI of the Town and Country Planning Act 1990 could not be amended but there was nothing to prevent the landowner from serving a second notice if, for example, the planning authority decided the first was defective.”
The Times, 25th January 2008
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.
