Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 7th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWHC 2476 (Admin); [2014] WLR (D) 406

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework (“NPPF”) meant only harm to the Green Belt.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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Government defends JR reforms, attacks impact of challenges on development – Local Government Lawyer

Posted September 5th, 2014 in budgets, judicial review, news, planning by tracey

‘The Government has defended its reforms to judicial review, saying it is “particularly keen to reduce the extent to which legal challenge unduly hinders economic development and regeneration”.’

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Local Government Lawyer, 5th September 2014

Source: www.localgovernmentlawyer.co.uk

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Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change – WLR Daily

Regina (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111; [2014] WLR (D) 367

‘The Secretary of State was not required by Parliament and Council Directive 2001/92/EC to conduct a transboundary consultation with the Republic of Ireland before granting planning permission to construct a nuclear power station near the Irish state if he was convinced that it was not “likely to have significant effects on the environment in another member state”, within article 7 of the Directive.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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Regina v Ali (Salah) – WLR Daily

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

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Planning inspector dismisses developer’s appeal against affordable housing requirement – OUT-LAW.com

Posted August 1st, 2014 in appeals, housing, news, planning by sally

‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

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Developer seeks judicial review in relation to Rutland neighbourhood plan – OUT-LAW.com

Posted July 23rd, 2014 in judicial review, local government, news, planning by michael

‘Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish, according to a report in Planning Magazine.’

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OUT-LAW.com, 22nd July 2014

Source: www.out-law.com

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Trouble out west – NearlyLegal

Posted July 21st, 2014 in homelessness, judicial review, local government, news, planning, repossession by sally

‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’

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NearlyLegal, 19th July 2014

Source: www.nearlylegal.co.uk

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High Court upholds refusal of residential consent at site designated for mixed-use scheme – OUT-LAW.com

Posted July 1st, 2014 in housing, local government, news, planning by sally

‘A High Court judge has upheld Reading Council’s decision to refuse consent for a plan to build a residential development on a site designated in local planning documents for a mixed-use scheme.’

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OUT-LAW.com, 30th June 2014

Source: www.out-law.com

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High Court refuses permission for judicial review of Woolwich affordable housing reduction – OUT-LAW.com

Posted June 30th, 2014 in appeals, housing, judicial review, local government, news, planning by sally

‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’

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OUT-LAW.com, 27th June 2014

Source: www.out-law.com

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Sanger and another v Newham London Borough Council – WLR Daily

Posted June 24th, 2014 in enforcement, law reports, local government, planning by sally

Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269

‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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Regina v Clayton – WLR Daily

Posted May 29th, 2014 in abuse of process, appeals, enforcement, law reports, planning by michael

Regina v Clayton [2014] EWCA Crim 1030;  [2014] WLR (D)  231

‘Where there was information suggesting that an enforcement notice should not have been issued, a prosecution for breach of the notice was not open to challenge as an abuse of process because that would involve a challenge to the validity of the enforcement notice and such a challenge could be mounted only on appeal or by way of judicial review.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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Newham London Borough Council v Ali and others – WLR Daily

Posted May 29th, 2014 in appeals, injunctions, law reports, local government, planning by michael

Newham London Borough Council v Ali and others [2014] EWCA Civ 676;  [2014] WLR (D)  223

‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

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Planning Court judge rules claim brought by store developer “totally without merit” – Local Government Lawyer

Posted May 28th, 2014 in judicial review, local government, news, planning by sally

‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’

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Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

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Court threat for couple for putting up Wendy house in garden – Daily Telegraph

Posted May 27th, 2014 in enforcement notices, news, planning, retrospectivity by sally

‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’

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Daily Telegraph, 26th May 2014

Source: www.telegraph.co.uk

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Supreme Court rejects call to register recreation ground as village green – Local Government Lawyer

Posted May 22nd, 2014 in commons, housing, local government, news, planning, Supreme Court by sally

‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’

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Local Government Lawyer, 21st May 2014

Source: www.localgovernmentlawyer.co.uk

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Golf course judicial review case reversed on appeal – UK Human Rights Blog

‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’

Full story

UK Human Rights Blog, 18th May 2014

Source: www.ukhumanrightsblog.co.uk

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Council defeats developers in High Court skirmish over neighbourhood plan – Local Government Lawyer

‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’

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Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

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Council wins appeal over quashing of golf course planning permission – Local Government Lawyer

‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’

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Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

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High Court challenge to Solihull Local Plan succeeds in relation to housing numbers and green belt boundaries – OUT-LAW.com

Posted May 2nd, 2014 in environmental protection, housing, news, planning by tracey

‘A planning inspector’s approach to the policy requirements of the National Planning Policy Framework (NPPF) in relation to housing provision in a local plan was not correct or lawful, a High Court judge has ruled.’

Full story

OUT-LAW.com, 1st May 2014

Source: www.out-law.com

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Planning Court launch marks start of government’s judicial review reforms – Litigation Futures

Posted April 22nd, 2014 in courts, judicial review, news, planning by sally

‘The first stage of the government’s reforms to judicial review – the creation of a Planning Court for England and Wales – has come into operation with the aim of speeding up the court process and reducing delays to hundreds of infrastructure projects.’

Full story

Litigation Futures, 22nd April 2014

Source: www.litigationfutures.com

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