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

Posted March 25th, 2009 in change of use, law reports, planning by sally

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.

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily

Posted March 24th, 2009 in change of use, law reports, planning by sally

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same [2009] WLR (D) 103

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.

Stansted legal challenge defeated – The Times

Posted March 13th, 2009 in airports, news, planning by sally

“Campaigners have lost their High Court battle to block the expansion of Stansted Airport.”

Full story

The Times, 13th March 2009

Source: www.timesonline.co.uk

Legal fight against airport plans – BBC News

Posted February 25th, 2009 in airports, environmental protection, news, planning by sally

“Plans for an expansion of Stansted Airport in Essex which were given the go-ahead by the government are facing a High Court challenge.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

High Court bid to block eco-towns – BBC News

Posted January 27th, 2009 in housing, judicial review, news, planning by sally

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk

Planning Act 2008

Posted December 5th, 2008 in legislation, planning by sally

Planning Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Major changes to planning process revealed – The Independent

Posted November 24th, 2008 in news, planning by sally

“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.”

Full story 

The Independent, 24th November 2008

Source: www.independent.co.uk

Court action aims to save rare insects from lorries – The Times

Posted November 19th, 2008 in animals, environmental protection, news, planning by sally

“An attempt began yesterday to stop a patch of land described as one of the country’s top three insect homes being turned into a lorry park and warehouse.”

Full story

The Times, 19th November 2008

Source: www.timesonline.co.uk

Planning and Energy Act 2008

Posted November 14th, 2008 in energy, legislation, planning by sally

Planning and Energy Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Pensioner in trouble over house painting face-lift – Daily Telegraph

Posted October 27th, 2008 in listed buildings, news, planning by sally

“A pensioner who revamped her cottage by painting it blue has been threatened with legal action unless she returns it to its original shade of yellow.”

Full story 

Daily Telegraph, 27th Octiber 2008

Source: www.telegraph.co.uk

Appeal court to rule on log cabin – BBC News

Posted October 27th, 2008 in judicial review, news, planning, travellers by sally

“A council will not fight a legal challenge by travellers over a building at the Dale Farm site in Essex.”

Full story

BBC News, 26th October 2008

Source: www.bbc.co.uk

Regina (Davies) v Secretary of State for Communities and Local Government – Times Law Reports

Posted October 15th, 2008 in law reports, planning by sally

Regina (Davies) v Secretary of State for Communities and Local Government

Queen’s Bench Division

“There was a need to introduce a requirement that claimants who wished to make a challenge under section 288 of the Town and Country Planning Act 1990 should have to obtain the court’s permission to do so.”

The Times, 15th October 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.

New law could end ‘studentification’ of towns – The Guardian

Posted September 26th, 2008 in news, planning by sally

“The government is to propose changing planning law to disperse student populations and end the ‘studentification’ of university towns.”

Full story

The Guardian, 26th September 2008

Source: www.guardian.co.uk

Loft conversion planning permission laws relaxed for homeowners – Daily Telegraph

Posted September 10th, 2008 in news, planning by sally

“From next month, most families seeking to make better use of their attics will not need to clear it with their local council, under proposals to be put through Parliament.”

Full story

Daily Telegraph, 10th September 2008

Source: www.telegraph.co.uk

Greenweb Ltd v Wandsworth London Borough Council – Times Law Reports

Posted August 28th, 2008 in compensation, compulsory purchase, law reports, planning by sally

Greenweb Ltd v Wandsworth London Borough Council

Court of Appeal

“Where a local authority compulsorily purchased a public open space after refusing the landowner’s application for housing development, the Lands Tribunal had to value the land on the basis that planning permission had been granted for the housing development.”

The Times, 28th August 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.

Greenweb Ltd v Wandsworth London Borough Council – WLR Daily

Posted August 6th, 2008 in compensation, compulsory purchase, law reports, planning by sally

Greenweb Ltd v Wandsworth London Borough Council; [2008] WLR (D) 286

“On the proper interpretation of ss 14(1) and 15 (3) of the Land Compensation Act 1961 the amount of compensation payable for compulsory acquisition of vacant land on which Victorian houses had stood prior to their destruction during the Second World War should be based on the assumption that planning permission had been granted for specified development even though planning permission for such development had in fact been refused.”

WLR Daily, 5th August 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.

Housing and Regeneration Act 2008

Posted July 24th, 2008 in housing, landlord & tenant, legislation, planning by sally

Housing and Regeneration Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Crackdown on out-of-town superstores to protect small shops and curb ‘clone towns’ – The Independent

Posted July 11th, 2008 in competition, news, planning by sally

“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.”

Full story

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

Posted July 7th, 2008 in news, planning by sally

“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.”

Full story

The Lawyer, 7th July 2008

Source: www.thelawyer.com

R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

Posted July 3rd, 2008 in bias, judicial review, law reports, planning by sally

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.