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.’
Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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).’

Full story

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.’

Full story (PDF)

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.’

Full story

39 Essex Chambers, April 2015

Source: www.39essex.com

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High Court rejects challenge to Nottinghamshire joint strategy approach to green belt boundaries – OUT-LAW.com

Posted April 29th, 2015 in environmental protection, housing, local government, news, planning by sally

‘The High Court has rejected a parish council’s challenge to the joint planning strategy of several Nottinghamshire local authorities after finding that the correct approach had been taken to the proposed alteration of green belt boundaries.’

Full story

OUT-LAW.com, 28th April 2015

Source: www.out-law.com

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‘All creatures’ mansion owner admits illegal changes – BBC News

Posted April 28th, 2015 in costs, news, planning by sally

‘A property developer has admitted making illegal alterations to a Monmouthshire house that is said to have inspired the hymn All Things Bright and Beautiful.’

Full story

BBC News, 27th April 2015

Source: www.bbc.co.uk

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Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

Full story

The Guardian, 5th April 2015

Source: www.guardian.co.uk

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New PD rights and deemed discharge of planning conditions to be introduced in April – OUT-LAW.com

‘Several new types of existing buildings will be able to be converted into homes without full planning permission from 15 April under UK planning reforms that will also introduce the “deemed discharge” of certain planning conditions.’

Full story

OUT-LAW.com, 31st March 2015

Source: www.out-law.com

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Top 10 Planning and Environmental Cases of 2014-2015 – Thirty Nine Essex Street

Posted March 19th, 2015 in appeals, enforcement, environmental protection, housing, news, planning by sally

‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Regina (Hourhope Ltd) v Shropshire Council – WLR Daily

Posted March 11th, 2015 in building law, law reports, local government, planning by tracey

Regina (Hourhope Ltd) v Shropshire Council: [2015] EWHC 518 (Admin); [2015] WLR (D) 100
‘The relevant question for determining whether the demolition deduction applied for the purposes of regulation 40 of the Community Infrastructure Regulations 2010 was whether the building was in actual lawful use at the material time and not whether there was a lawful use to which it could have been put.’

WLR Daily, 2nd March 2015

Source: www.iclr.co.uk

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M4 relief road for Newport challenged in court – BBC News

Posted March 10th, 2015 in environmental protection, news, planning, roads, Wales by tracey

‘Friends of the Earth Cymru wants a judge to examine how ministers decided to press ahead with the 14-mile new stretch of motorway around Newport.’

Full story

BBC News, 10th March 2015

Source: www.bbc.co.uk

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Speech by HHJ Jarman: Administrative Court in Wales – Challenges and Opportunities – Judiciary of England and Wales

‘His Honour Judge Jarman QC gave a speech “Administrative Court in Wales: Challenges and Opportunities” at Swansea University on 19 November 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

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