Perils of going against officer advice – Law Society’s Gazette

‘Skiing off-piste is dangerous. Reasons include instability of snow, hidden rocks and cliff edges and inaccessibility. Similarly, if local authority planning committee members go ‘off-piste’ in determining an issue against officer recommendations, without giving intelligible and adequate reasons for doing so, their decision risks a fatal crash in the High Court. So on 21 May 2021 Mrs Justice Tipples quashed planning consent given by Cornwall County Council for the development of a detached two-storey agricultural dwelling with garage and parking in the Rame Head area of outstanding natural beauty (AONB) against officer recommendations. This was because the council ‘was under a common law duty to give reasons for the grant of planning permission’ and it was ‘a case where the defects in reasons go to the heart of the justification for permission and undermine its validity.’ The case in question was R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin).’

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Law Society's Gazette, 19th July 2021

Source: www.lawgazette.co.uk

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer

‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’

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Local Government Lawyer, 4th February 2021

Source: www.localgovernmentlawyer.co.uk

Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB – No. 5 Chambers

‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as “Sizewell B” power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for “Sizewell C”. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of “Together Against Sizewell C”, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’

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No. 5 Chambers, 8th October 2020

Source: www.no5.com

Council rejects claims it used wrong boundary over planning application – Local Government Lawyer

‘City and County of Swansea Council has rejected an allegation that it used the wrong boundary to appraise a planning application that affects the Gower area of outstanding natural beauty (AONB).’

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Local Government Lawyer, 31st October 2018

Source: www.localgovernmentlawyer.co.uk

Judge quashes grant of permission for holiday park over failure to give reasons – Local Government Lawyer

‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 19th February 2018

Source: www.localgovernmentlawyer.co.uk

Supreme Court rejects appeal by council over reasons for planning decision – Local Government Lawyer

‘The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Council defeats challenge over decision not to take enforcement action at quarry – Local Government Lawyer

‘Cornwall Council has successfully defended a High Court challenge to its decision not to take enforcement action in respect of unauthorised development at a quarry in the Cornwall Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

National parks to be protected as planning reforms are amended – The Guardian

Posted March 27th, 2012 in areas of outstanding natural beauty, news, parks, planning by sally

“The government is set to make important concessions to opponents of its planning reforms, including specific protections for national parks and areas of outstanding natural beauty.”

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The Guardian, 26th March 2012

Source: www.guardian.co.uk

Polytunnels could become widespread after court ruling – Daily Telegraph

Posted January 27th, 2011 in areas of outstanding natural beauty, environmental protection, news by sally

“Polytunnels could become widespread in the English countryside after the Court of Appeal allowed their use in an area of outstanding natural beauty, conservationists fear.”

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Daily Telegraph, 27th January 2011

Source: www.telegraph.co.uk