Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

Full Story

Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

Full Story

OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

A challenge of planning judgment – Local Government Lawyer

Posted November 4th, 2022 in environmental protection, local government, news, planning by tracey

‘The High Court decision in dismissing a challenge against the grant of permission for development in an Area of Outstanding Natural Beauty (AONB) has helpfully underlined hurdles to interfering with the merits of controversial decisions, writes Megan Forbes.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’

Full Story

Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

Full Story

Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

Full Story

Six Pump Court, 10th October 2022

Source: 6pumpcourt.co.uk

High Court to hear judicial review of Local Plan brought by parish council in attempt to block construction of 27 dwellings – Local Government Lawyer

Posted October 18th, 2022 in housing, judicial review, local government, news, planning by sally

‘The High Court will this week hear a judicial review brought by Norton St Philip Parish Council which argues that Mendip District Council’s decision to follow the recommendations of a planning inspector and approve a Local Plan was unlawful.’

Full Story

Local Government Lawyer, 17th October 2022

Source: www.localgovernmentlawyer.co.uk

Mere delicacy or fastidiousness? – Nearly Legal

Posted September 20th, 2022 in damages, news, nuisance, planning by tracey

‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’

Full Story

Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Claimant seeks judicial review of grant of planning permission which will see closure of highway – Local Government Lawyer

Posted September 13th, 2022 in judicial review, news, planning, roads by tracey

‘The City of York Council has been threatened with a judicial review of its decision to grant planning permission for the extension of a museum which detractors argue involves removing a vital route into the city for pedestrians and cyclists.’

Full Story

Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

Government facing judicial review amid claims it ignored Examining Authority advice before green lighting nuclear power plant development – Local Government Lawyer

Posted September 7th, 2022 in energy, government departments, judicial review, news, nuclear power, planning by sally

‘A campaign group has issued legal proceedings against the Government challenging its decision to allow the Sizewell C Nuclear Power Station to go ahead against the advice of the planning Examining Authority (EA).’

Full Story

Local Government Lawyer, 6th September 2022

Source: www.localgovernmentlawyer.co.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

Full Story

The Guardian, 5th September 2022

Source: www.theguardian.com

The test for discharging a planning condition – Local Government Lawyer

Posted September 2nd, 2022 in judicial review, local government, news, planning by tracey

‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’

Full Story

Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Late service of CIL liability notice – Local Government Lawyer

Posted September 2nd, 2022 in local government, news, planning by tracey

‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’

Full Story

Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Planning Court rejects judicial review challenge over permission for redevelopment of former brewery site in Brick Lane – Local Government Lawyer

Posted September 1st, 2022 in judicial review, listed buildings, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge against the London Borough of Tower Hamlets’ grant of planning permission for redevelopment of part of the site of a former brewery.’

Full Story

Local Government Lawyer, 31st August 2022

Source: www.localgovernmentlawyer.co.uk

Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

Full Story

Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

The role of CIL liability notices and demand notices – Local Government Lawyer

Posted August 19th, 2022 in local government, news, notification, planning by tracey

‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’

Full Story

Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

Full Story

Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives green light for fourth judicial review challenge regarding future of London housing estate – Local Government Lawyer

Posted August 15th, 2022 in consultations, housing, judicial review, local government, London, news, planning by tracey

‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Breach of condition notices and the public sector equality duty – Local Government Lawyer

Posted August 15th, 2022 in enforcement notices, judicial review, local government, news, planning by tracey

‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’

Full Story

Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Sizewell C nuclear plant approval faces legal challenge – The Guardian

‘Campaigners have begun a legal challenge against the government’s decision to give the Sizewell C nuclear power station the go-ahead amid warnings that UK nuclear plants will be on the frontline of climate breakdown.’

Full Story

The Guardian, 8th August 2022

Source: www.theguardian.com