Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

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OUT-LAW.com, 24th July 2015

Source: www.out-law.com

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London borough defeats High Court challenge to basement policy – Local Government Lawyer

Posted July 28th, 2015 in local government, London, news, planning by sally

‘The Royal Borough of Kensington & Chelsea has fought off a High Court challenge to its revised basement policy.’

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Local Government Lawyer, 27th July 2015

Source: www.localgovernmentlawyer.co.uk

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The ABCs of ACVs – Hardwicke Chambers

Posted July 28th, 2015 in listed buildings, local government, news, planning by sally

‘As of eight weeks ago, visitors to Maida Vale have one less pub to drink in. That’s because in April, overzealous developers bulldozed The Carlton Tavern public house to the ground. Local residents can breathe a sigh of relief, however, for the pub is going to be rebuilt brick by brick – such is the punishment meted out to the developers for bulldozing the pub in violation of planning rules. View the report on the BBC website. ‘

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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

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Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers

Posted July 28th, 2015 in crime, listed buildings, local government, news, planning, prosecutions by sally

‘There are three principal weapons in the local authority armoury to tackle breaches of planning control in respect of listed buildings: (i) criminal prosecution (ii) listed building enforcement notice and (iii) injunction pursuant to section 44A (1) of the Listed Buildings Act 1990. They are not mutually incompatible. Criminal prosecution can be pursued alongside service of an enforcement notice or injunctive proceedings.’

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No. 5 Chambers, 2nd July 2015

Source: www.no5.com

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Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

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Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

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Developer ordered to rebuild historic pub after demolishing it without planning permission – Daily Telegraph

Posted July 23rd, 2015 in construction industry, local government, news, planning by sally

‘Udhyam Amin was accused of trying to get planning permission ‘by the back door’ after pulling down the Alchemist pub in Battersea.’

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Daily Telegraph, 23rd July 2015

Source: www.telegraph.co.uk

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Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

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High Court dismisses challenge to refusal for 320-home greenfield scheme – OUT-LAW.com

Posted July 7th, 2015 in appeals, construction industry, news, planning by sally

‘The High Court has found that a planning inspector did not make errors of law in his decision to dismiss an appeal that would have permitted a 320-home development on a greenfield site to the south of Stafford.’
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OUT-LAW.com, 7th July 2015

Source: www.out-law.com

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Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
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Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal confirms neighbourhood development plans can make site allocations – OUT-LAW.com

Posted June 26th, 2015 in appeals, consultations, judicial review, local government, news, planning by sally

‘UK legislation relating to neighbourhood planning allows for policies allocating sites for development to be included in neighbourhood development plans (NDPs), the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd June 2015

Source: www.out-law.com

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Developer loses Court of Appeal challenge over neighbourhood plan – Local Government Lawyer

Posted June 22nd, 2015 in appeals, documents, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a developer’s challenge over the inclusion of site allocation policies in a neighbourhood development plan. The appellant in Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors [2015] EWCA Civ 597 was a house-building company with a commercial interest in land to the west of Ayston Road in the town of Uppingham in the county of Rutland.’

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Local Government Lawyer, 18th June 2015

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal dismissed local resident’s objections to the Shell redevelopment – OUT-LAW.com

Posted June 19th, 2015 in appeals, bias, news, planning by tracey

‘The UK Court of Appeal has dismissed a legal challenge against the redevelopment of the 1950s 27-storey Shell Tower in London made by a local resident, George Turner.’

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OUT-LAW.com, 18th June 2015

Source: www.out-law.com

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Plans for £80m London mega-mansion rejected after six-year battle – The Guardian

Posted June 9th, 2015 in housing, London, news, planning by tracey

‘Designs for the latest London mega-mansion for billionaire owners have been rejected after a six-year planning battle because of their “palatial scale” and the substantial harm they would cause to London’s heritage, following a campaign backed by former Monty Python star Terry Gilliam.’

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The Guardian, 8th June 2015

Source: www.guardian.co.uk

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R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Triple arsonist in gas cannister grudge attacks causing £20m damage sentenced – Daily Telegraph

Posted June 2nd, 2015 in arson, news, planning, sentencing by sally

‘Farmer Andrew Main, 47, has been sentenced after arson spree with gas cannisters at council headquarters and the home of a pensioner following a 30-year planning dispute.’

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Daily Telegraph, 29th May 2015

Source: www.telegraph.co.uk

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High Court critical of Pickles’ approach to neighbourhood planning appeal – OUT-LAW.com

Posted May 13th, 2015 in appeals, news, planning by tracey

‘The High Court has allowed an appeal against the decision of outgoing communities secretary Eric Pickles to block a 120-home development in a West Sussex village after Pickles was found to have placed too much weight on the policies of an emerging neighbourhood plan and failed properly to justify his decision in line with government planning policy.’

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OUT-LAW.com, 12th May 2015

Source: www.out-law.com

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Local authorities and judicial review: they should not put their heads completely in the sands – UK Human Rights Blog

Posted May 7th, 2015 in costs, judicial review, local government, news, planning, trials by sally

‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’

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UK Human Rights Blog, 7th May 2015

Source: www.ukhumanrightsblog.com

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Judge upholds ACV listing of green belt site – OUT-LAW.com

Posted May 6th, 2015 in environmental protection, news, planning, tribunals by sally

‘A First-Tier Tribunal judge has dismissed a challenge by developer Banner Homes to the listing of a 4.83 hectare site by St Albans City and District Council as an asset of community value (ACV).’

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OUT-LAW.com, 5th May 2015

Source: www.out-law.com

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Moore v Secretary of State: The Consequences for Gypsy and Traveller Planning –

‘Charmaine Moore a Romani Gypsy and a single mother of 3 dependent children. She and one of her daughters are disabled. She owns and occupies land in the London Borough of Bromley. In 2010 she applied for planning permission to live on her land. That application has still to be determined finally. The application was a modest one “change of use – private Gypsy and Traveller Caravan Site comprising pitch, accommodating one mobile home and one touring caravan”. She has never sought more.’

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No. 5 Chambers, 24th April 2015

Source: www.no5.com

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Two key changes to familiar three letter acronyms – EIA and CIL – 39 Essex Chambers

Posted April 29th, 2015 in EC law, environmental health, legislation, news, planning by sally

‘As the planning world turns its attention to the upcoming election and wonders what the future holds post 7 May 2015, it would be wise not to overlook the significance of today: 6 April. Two notable changes to environmental and planning law came into force this morning and they will be likely significantly to impact large development proposals across the country. They may, in turn, become the subject of litigation in the future. I discuss each below.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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