Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, news, planning by tracey

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470;   [2014] WLR (D)  170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

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Expert determination: Hidden pitfalls – Hardwicke Chambers

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

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Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk

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High Court reduces Ombudsman-awarded compensation due to local authority “financial pressures” – OUT-LAW.com

‘A recent High Court decision risks “emasculating” the Local Government Ombudsman (LGO), an expert has said, after the judge allowed the authority to pay only one fifth of the compensation awarded against it.’

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OUT-LAW.com, 1st April 2014

Source: www.out-law.com

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Court of Appeal upholds quashing of Arsenal tower permission – OUT-LAW.com

Posted April 2nd, 2014 in appeals, housing, local government, news, planning by sally

‘A High Court decision to quash planning permission for a 25-storey student tower near Arsenal’s football stadium in north London’s Upper Holloway has been upheld in the Court of Appeal.’

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OUT-LAW.com, 1st April 2014

Source: www.out-law.com

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High Court asks government to appear at South Bank village green hearing – OUT-LAW.com

Posted March 27th, 2014 in local government, news, planning by tracey

‘A High Court judge has adjourned a judicial review hearing of Lambeth Council’s decision that an application to register land at the Southbank Centre’s skateboard undercroft as a village green was not valid to ask the UK government to appear at the hearing.’

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OUT-LAW.com, 25th March 2014

Source: www.out-law.com

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The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

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Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

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Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

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No. 5 Chambers, 10th March 2014

Source: www.no5.com

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Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 20th, 2014 in appeals, law reports, local government, planning by tracey

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council: [2014] EWCA Civ 228;  [2014] WLR (D)  134

‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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Council entitled to exclude sites from Neighbourhood Plan designation, Court of Appeal rules – OUT-LAW.com

Posted March 11th, 2014 in appeals, local government, news, planning by tracey

‘The Court of Appeal has upheld the High Court’s rejection of a judicial review challenge to the decision by Wycombe District Council to designate a smaller area as a Neighbourhood Area than the one applied for.’

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OUT-LAW.com, 10th March 2014

Source: www.out-law.com

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Regina (Freedman) v Wiltshire Council – WLR Daily

Posted March 6th, 2014 in change of use, law reports, local government, planning by tracey

Regina (Freedman) v Wiltshire Council: [2014] EWHC 211 (Admin);   [2014] WLR (D)  109

‘In determining an application for a certificate for lawful use, section 191(4) of the Town and Country Planning Act 1990 entitled a local planning authority, in principle, to substitute a description of a different use from that described in the application form by the certificate had been sought, provided that the authority was satisfied, on a balance of probability, that the evidence demonstrated that the use as substituted had been carried on continuously for a period of ten years or more.’

WLR Daily 6th February 2014

Source: www.iclr.co.uk

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Supreme Court brings private nuisance into the 21st century – UK Human Rights Blog

Posted March 4th, 2014 in damages, injunctions, news, noise, nuisance, planning, public interest, Supreme Court by sally

‘The law of private nuisance is the way of balancing the rights of neighours, the right to be noisy or smelly, and to be free of noise or smells. Hitherto it is has been explicitly a private law remedy, and has slightly odd rules. But it has been struggling with public interests for some years; are they irrelevant, or can they carry the day for claimant or defendant in a private nuisance claim?’

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UK Human Rights Blog, 3rd March 2014

Source: www.ukhumanrightsblog.com

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Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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High Court rejects challenge to Berkshire village green decision – OUT-LAW.com

Posted March 3rd, 2014 in commons, judicial review, local government, news, planning by sally

‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’

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OUT-LAW.com, 28th February 2014

Source: www.out-law.com

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Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

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Regina v Ahmed (Mohammed Kamal) – WLR Daily

Posted February 24th, 2014 in enforcement notices, law reports, planning by sally

Regina v Ahmed (Mohammed Kamal) [2014] WLR (D) 85

‘Where breach of an enforcement notice alleged unlawful change of use rather than development without planning permission, it was not appropriate to charge an offence in contravention of section 181(5) of the Town and Country Planning Act 1990; the appropriate offence would be under section 179(2) of the 1990 Act.’

WLR Daily, 20th February 2014

Source: www.iclr.co.uk

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Village wins four year battle against illegal travellers’ site – Daily Telegraph

Posted February 19th, 2014 in appeals, gipsies, human rights, inquiries, local government, news, planning, Supreme Court by sally

‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’

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Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

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The High Court’s new Planning Court – Thirty Nine Essex Street

Posted February 14th, 2014 in bills, courts, judicial review, news, planning by sally

‘The High Court is now to include a formally designated Planning Court and permission to apply will be required for section 288 applications against planning decisions in the latest government reforms to judicial review and related proceedings. Ministers have just published their response to the latest reform proposals and the Criminal Justice and Courts Bill 2014 proposing changes to judicial review.’

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Thirty Nine Essex Street, February 2014

Source: www.39essex.com

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Judicial Review In Planning – Further Changes Are Afoot! -

Posted February 14th, 2014 in costs, judicial review, news, planning, protective costs orders by sally

‘Following recent announcements in the press, including a front page headline in The Times this week, the Government published the Criminal Justice and Courts Bill on Wednesday, 5 February 2014. Part 4 of the Bill contains a number of important changes to be introduced which seek, in the words of the Lord Chancellor, to prevent judicial review from being a “brake on growth”. However, whilst it has been reported in the national press that the proposals mean that only individuals or groups with a financial interest in a case will be able to bring a challenge, this is inaccurate. The Government originally proposed narrowing the test for standing so as to restrict the availability of judicial review to those with a “direct interest” but that proposal has now been dropped.’

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No. 5 Chambers, 6th February 2014

Source: www.no5.com

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High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

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OUT-LAW.com, 13th February 2014

Source: www.out-law.com

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Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

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UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

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