Judges reject appeal by planning defendant over ‘impersonation’ in magistrates court – Local Government Lawyer

‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’

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Local Government Lawyer, 7th February 2018

Source: www.localgovernmentlawyer.co.uk

Landlord who delegated to husband loses appeal in enforcement notice case – Local Government Lawyer

Posted July 13th, 2017 in appeals, enforcement notices, landlord & tenant, local government, news by tracey

‘A landlord has failed in an appeal against a claim by the London Borough of Newham that she ignored enforcement notices related to her property, having argued that she had delegated all responsibility for the property concerned to her husband.’

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Local Government Lawyer, 12th July 2017

Source: localgovernmentlawyer.co.uk

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

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Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Sir Philip Green in firing line as Pensions Regulator begins enforcement action over BHS’s £571m pension deficit – Daily Telegraph

Posted November 3rd, 2016 in enforcement notices, news, parliament, pensions by tracey

‘The Pensions Regulator has begun enforcement action against a number of parties including Sir Philip Green after failing to reach a deal to plug BHS’s £571m pension deficit. In a dramatic development, the regulator, which has been in talks with Sir Philip and his Taveta group of companies over the retailer’s pension fund since BHS collapsed in late April, issued a warning notice to the Top Shop entrepreneur setting out why it believes he is liable to support the scheme.’

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Daily Telegraph, 2nd November 2016

Source: www.telegraph.co.uk

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

Untangling the spider’s web: Evans at the Supreme Court – Halsbury’s Law Exchange

‘On Friday, 27th March, the Supreme Court handed down a decision which will be as much of interest to public lawyers as information rights practitioners alike. Evans, a journalist for the Guardian newspaper utilised the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 to seek the disclosure of letters sent by Prince Charles to seven government departments between September 2004 and March 2005. The departments refused to disclose the letters (so-called “black spider” memos on account of the Prince’s handwriting) on the basis that they were exempt from doing so. In their view the letters represented private correspondence which effectively allowed the Prince to prepare for “kingship.” Evans subsequently complained to the Information Commissioner who upheld the refusal before appealing to the Information Tribunal. The Tribunal held that many of the letters should be disclosed as they constituted “advocacy correspondence.”’

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Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily

Posted February 18th, 2015 in enforcement notices, law reports, local government, planning, retrospectivity by sally

Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65

‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Court rules on power to decline to determine retrospective planning applications – Local Government Lawyer

Posted February 13th, 2015 in enforcement notices, local government, news, planning, retrospectivity by tracey

‘The High Court has issued a ruling that clarifies the scope of a local authority’s power to decline to determine a retrospective planning application when an enforcement notice is in place. The case of Wingrove v Stratford on Avon District Council [2015] EWHC 287 (Admin) was the first time the ambit of s. 70C of the Town and Country Planning Act 1990 had been considered.’

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Local Government Lawyer, 12th February 2015

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

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Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

Regina v Ali (Salah) – WLR Daily

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

Court threat for couple for putting up Wendy house in garden – Daily Telegraph

Posted May 27th, 2014 in enforcement notices, news, planning, retrospectivity by sally

‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’

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Daily Telegraph, 26th May 2014

Source: www.telegraph.co.uk

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

Romany Travellers win permission for judicial review over site provision – Local Government Lawyer

“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”

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Local Government Lawyer, 18th November 2013

Source: www.localgovernmentlawyer.co.uk

Anything Goes? – Criminal Law and Justice Weekly

Posted November 4th, 2013 in enforcement notices, guilty pleas, judicial review, magistrates, news, planning by sally

“Has Rahmdezfouli stemmed the march against formalism, asks Dan Bunting.”

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Criminal Law and Justice Weekly, 2nd November 2013

Source: www.criminallawandjustice.co.uk

Collins v Secretary of State for Communities and Local Government and another – WLR Daily

Collins v Secretary of State for Communities and Local Government and another [2013] EWCA Civ 1193; [2013] WLR (D) 376

“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

Bwlchyllan lake battle set to end after 20 years – BBC News

Posted October 9th, 2013 in enforcement notices, fines, health & safety, local government, news, planning, water by sally

“A farmer is set to win a 20-year-long legal battle for planning permission for a large lake on his land.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

Winfield v Secretary of State for Communities and Local Government – WLR Daily

Posted November 9th, 2012 in advertising, enforcement notices, law reports, planning by tracey

Winfield v Secretary of State for Communities and Local Government: [2012] EWCA Civ 1415;   [2012] WLR (D)  311

“An applicant seeking deemed planning consent for ten years’ continual use of land for the display of advertisements would not satisfy the requisite conditions if, in the face of threatened enforcement action, he had removed and then reinstated advertisements. Such material breaks would negate continual use. Wooden posts or structures left on site on which the advertisements were placed did not constitute advertisements in themselves so as to satisfy the requisite time period for deemed consent.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Landlord fined £1.4m for converting house to flats without planning permission – OUT-LAW.com

Posted October 5th, 2012 in enforcement notices, fines, news, planning, proceeds of crime by tracey

“A Norwich Crown Court judge has imposed a £1.4 million fine on a landlord under the Proceeds of Crime Act (POCA) for converting a house in north-west London into 12 flats without planning permission.”

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OUT-LAW.com, 4th October 2012

Source: www.out-law.com

Dale Farm Travellers seek last-gasp reprieve from eviction – The Guardian

Posted October 17th, 2011 in enforcement notices, news, planning, stay of execution, travellers by sally

“Dale Farm residents are seeking a last-gasp reprieve from eviction by asking for leave to appeal against a decision last week to allow Basildon council to remove 86 families from the Essex Traveller site.”

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The Guardian, 17th October 2011

Source: www.guardian.co.uk

Dale Farm: High Court ruling on eviction due – BBC News

Posted October 12th, 2011 in enforcement notices, judicial review, news, travellers by sally

“Residents at Dale Farm, the UK’s largest illegal travellers’ site will learn later if they have won their High Court battle against eviction.”

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BBC News, 12th October 20111

Source: www.bbc.co.uk