Developer wins partial award of costs following council’s “unreasonable behaviour” – Local Government Lawyer

Posted August 10th, 2023 in appeals, costs, local government, news, planning by tracey

‘Property developer Berkeley Homes has won an appeal to demolish old offices in Sevenoaks and construct a new flatted development for 69 residential units.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Council defeats Court of Appeal challenge over rule in constitution on councillor voting and deferred planning applications – Local Government Lawyer

Posted August 3rd, 2023 in local government, London, news, planning, ultra vires by sally

‘The London Borough of Tower Hamlets was entitled to make a rule that only councillors who had been present when a planning application had previously been considered could vote on deferred applications, the Court of Appeal has found.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

M&S decision brings embodied carbon impacts to fore in re-development v refurbishment debate – OUT-LAW.com

Posted July 24th, 2023 in climate change, environmental protection, news, planning by tracey

‘The recent decision in relation to Marks & Spencer’s flagship Oxford Street store highlights the increasing scrutiny being placed on the embodied carbon associated with re-development.’

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OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

Section 106s and all that – Local Government Lawyer

Posted July 24th, 2023 in housing, local government, news, planning by tracey

‘While the case law on s.106 issues should now be settled, two recent decisions, like London red buses, come along as useful additions to the planning practitioner’s e-library, writes John Pugh-Smith.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Waiving or varying a requirement in an enforcement notice – Local Government Lawyer

Posted July 21st, 2023 in appeals, enforcement notices, local government, news, planning by tracey

‘The Divisional Court has ruled on the power to waive or relax an enforcement notice under Section 172A. Melissa Murphy KC and Charles Streeten look at the outcome.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Judge rejects challenge to Surrey Hills oil and gas exploration plans – The Guardian

‘Fossil fuel prospectors have cleared another hurdle on their path to drill for oil and gas near an area of outstanding natural beauty (AONB) in the Surrey Hills after campaigners lost a judicial review of the plan.’

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The Guardian, 20th July 2023

Source: www.theguardian.com

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Rhiannon Ogden-Jones: Legal Uncertainty and the Levelling-Up and Regeneration Bill 2023 – UK Constitutional Law Association

Posted July 3rd, 2023 in bills, constitutional law, local government, news, planning by tracey

‘The Levelling-Up and Regeneration Bill (“LURB”), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than a blog post, but its legislative aims can be somewhat succinctly expressed. The Bill proposes a scheme of local government and planning reforms, each aimed at promoting regional growth and “levelling-up”. Part I sets out the scope of levelling-up, detailing the obligations of the government in determining a levelling-up agenda. Part II then proposes a series of reforms to local democracy, devolving governance powers further to county councils, and giving them greater control to determine regional projects. The theme of project infrastructure continues, with Parts III-V and VIII-IX of the Bill reforming planning law and establishing different support mechanisms for development, including an infrastructure levy and providing for development corporations. Alongside the planning provisions, Parts VI-VII reform Environmental Impact Assessments and Nutrient Pollution Standards, establishing a new framework for these environmental tests.’

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UK Constitutional Law Association, 28th June 2023

Source: ukconstitutionallaw.org

Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

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BBC News, 29th June 2023

Source: www.bbc.co.uk

All Tomorrow’s (Section 106) Parties – Local Government Lawyer

Posted June 23rd, 2023 in local government, news, planning by tracey

‘Simon Ricketts examines who needs to be a party to a section 106 agreement in light of a recent High Court ruling.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

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