Judge quashes decision by Pickles refusing permission for gypsy site – Local Government Lawyer

Posted August 26th, 2015 in gipsies, inquiries, ministers' powers and duties, news, planning by sally

‘A High Court judge has quashed a decision by the former Communities Secretary Eric Pickles to refuse planning permission for a site where a gypsy and his family have lived since 2008.’

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Local Government Lawyer, 25th August 2015

Source: www.localgovernmentlawyer.co.uk

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Regina (West Berkshire District Council and another) v Department for Communities and Local Government – WLR Daily

Posted August 21st, 2015 in consultations, housing, judicial review, law reports, local government, planning by sally

Regina (West Berkshire District Council and another) v Department for Communities and Local Government[2015] EWHC 2222 (Admin); [2015] WLR (D) 367

‘The Government’s decision, announced by way of written ministerial statement and effected by amending National Planning Practice Guidance, to make alterations to the national policy for the provision of affordable housing, was unlawful.’

WLR Daily, 3rd July 2015

Source: www.iclr.co.uk

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High Court dismisses wind turbine challenge, but variable height condition unlawful – OUT-LAW.com

Posted August 20th, 2015 in energy, local government, news, planning by sally

‘A planning condition allowing the height of a new wind turbine to be increased with the approval of the local authority must be “severed” from the otherwise lawful planning permission, the High Court has ruled.’

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OUT-LAW.com, 19th August 2015

Source: www.out-law.com

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Owner who ‘ripped out layers of history’ from listed house must pay £300,000 – The Guardian

Posted August 19th, 2015 in costs, fines, listed buildings, news, planning by sally

‘A property developer who illegally modernised the historic building behind the hymn All Things Bright and Beautiful has been told by a judge to pay out £300,000 or go to jail.’

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The Guardian, 18th August 2015

Source: www.guardian.co.uk

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Inspector misinterpreted policy allowing “reasonable expansion” of business in midlands green belt, High Court rules – OUT-LAW.com

Posted August 14th, 2015 in environmental protection, interpretation, local government, news, planning by tracey

‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’

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OUT-LAW.com, 11th August 2015

Source: www.out-law.com

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Court overturns relaxed planning requirements for smaller English housing sites – OUT-LAW.com

Posted August 10th, 2015 in appeals, codes of practice, equality, housing, local government, news, planning by sally

‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’

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OUT-LAW.com, 7th August 2015

Source: www.out-law.com

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Councils win battle over threshold on developments and s.106 agreements – Local Government Lawyer

Posted August 7th, 2015 in housing, local government, news, planning by tracey

‘Two councils have won a High Court challenge over Government proposals for a threshold on the size of developments beneath which planning authorities should not seek affordable housing contributions through section 106 agreements.’

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Local Government Lawyer, 3rd August 2015

Source: www.localgovernmentlawyer.co.uk

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IM Properties Development Ltd v Lichfield District Council – WLR Daily

Posted July 30th, 2015 in law reports, local government, planning by sally

IM Properties Development Ltd v Lichfield District Council [2015] EWHC 2077 (Admin); [2015] WLR (D) 328

‘Changes of substance could be made to a local plan following recommendations by an inspector pursuant to section 20(7)–(7C) of the Planning and Compulsory Purchase Act 2004.’

WLR Daily, 20th July 2015

Source: www.iclr.co.uk

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Regina (Champion) v North Norfolk District Council and another – WLR Daily

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

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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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