Planning enforcement and equalities duties – Local Government Lawyer

‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case on environmental impact assessments and downstream greenhouse gas emissions next week – Local Government Lawyer

‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Judicial review challenge settled in “sleeping councillor” planning case – Local Government Lawyer

Posted May 31st, 2023 in judicial review, local government, news, planning, professional conduct by sally

‘Welwyn Hatfield Borough Council has settled a judicial review challenge over a decision which saw the council’s planning committee rescind a planning refusal because the applicant claimed a councillor appeared to be asleep during the meeting.’

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Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

BSB to lobby councils over disabled access to listed chambers buildings – Legal Futures

‘The Bar Standards Board (BSB) has written to chief planning officers in central London to express concern at the difficulties chambers face in adapting historic buildings for disabled access.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Key issues in land disposal – Local Government Lawyer

Posted May 26th, 2023 in appeals, local government, news, planning, Supreme Court by tracey

‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer

‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer

Posted May 22nd, 2023 in appeals, fees, local government, news, ombudsmen, planning by tracey

‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer

Posted May 22nd, 2023 in appeals, local government, London, news, planning by tracey

‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Owners of illegal shisha café ordered to pay nearly £200k following council prosecution – Local Government Lawyer

‘Manchester City Council has secured the confiscation of £174,074 from a company that owned a property used as an illegal shisha café in breach of a planning enforcement notice.’

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Local Government Lawyer, 10th May 2023

Source: www.localgovernmentlawyer.co.uk

London estate resident goes to high court over demolition plans – The Guardian

Posted May 10th, 2023 in housing, local government, London, news, planning by sally

‘A woman who has lived on the same council estate for 30 years has taken developers and her local authority to the high court over plans to demolish her home.’

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The Guardian, 9th May 2023

Source: www.theguardian.com

Council defeats High Court challenge to enforcement notice – Local Government lawyer

Posted May 4th, 2023 in enforcement notices, equality, local government, news, planning by tracey

‘Luton Borough Council has defeated a developer’s challenge to a planning enforcement notice in the High Court.’

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Local Government lawyer, 4th May 2023

Source: www.localgovernmentlawyer.co.uk

Tree that damaged house too valuable to cut down – BBC News

Posted April 28th, 2023 in housing, local government, news, planning, trees by tracey

‘A man who claims a five-metre branch fell from a tree and damaged his house has been told it is too valuable to be cut down.’

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BBC News, 27th April 2023

Source: www.bbc.co.uk

The “We’ve extended the conservation area” gambit – Local Government Lawyer

Posted April 17th, 2023 in judicial review, local government, news, planning by tracey

‘A High Court judge recently found that a borough council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish. Simon Ricketts examines the case.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of planning permission – Local Government Lawyer

Posted April 17th, 2023 in enforcement notices, housing, local government, news, planning by tracey

‘Roderick Morton reports on a High Court ruling that highlights the importance of checking implementation carefully where a developer claims to have permission.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Updates to English network infrastructure policy follow high-profile legal cases – OUT-LAW.com

Posted April 13th, 2023 in news, planning, railways, roads by sally

‘Planned updates to the key policy document for nationally significant road and rail projects in England are a direct response to recent high-profile rulings on when officials must consider alternative approaches.’

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OUT-LAW.com, 11th April 2023

Source: www.pinsentmasons.com

Cumbrian coal mine legal challenge refused – The Independent

Posted April 13th, 2023 in climate change, judicial review, news, planning by sally

‘Climate campaigners have been refused a legal challenge against the Government over its decision to grant planning permission to a new coal mine in Cumbria.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

Council decision to extend conservation area to save department store building was unlawful, High Court rules – Local Government Lawyer

Posted April 3rd, 2023 in housing, local government, news, planning by sally

‘A High Court judge has found that Spelthorne Borough Council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Council fails in appeal over costs award made after landowner succeeded with compulsory purchase objection – Local Government Lawyer

Posted March 23rd, 2023 in appeals, compulsory purchase, costs, local government, news, planning by tracey

‘Harlow District Council has lost on all grounds in an attempt at the High Court to overturn a costs award made against it in a dispute over compulsory purchase.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Council wins statutory review over original building and proportionality of additions – Local Government Lawyer

Posted March 23rd, 2023 in housing, local government, news, planning, proportionality by tracey

‘A planning inspector’s decision has been quashed by the High Court in a dispute concerning Green Belt building and the unknown dimensions of a home that stood on the site before the present planning system took effect in 1948.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk