‘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.’
Local Government Lawyer, 7th February 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 12th July 2017
Source: localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 19th May 2017
Source: www.localgovernmentlawyer.co.uk
‘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.’
Daily Telegraph, 2nd November 2016
Source: www.telegraph.co.uk
‘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
‘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.”’
Halsbury’s Law Exchange, 31st March 2015
Source: www.halsburyslawexchange.co.uk
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
‘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.’
Local Government Lawyer, 12th February 2015
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 11th November 2014
Source: www.localgovernmentlawyer.co.uk
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
‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’
Daily Telegraph, 26th May 2014
Source: www.telegraph.co.uk
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
“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.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
“Has Rahmdezfouli stemmed the march against formalism, asks Dan Bunting.”
Criminal Law and Justice Weekly, 2nd November 2013
Source: www.criminallawandjustice.co.uk
“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
“A farmer is set to win a 20-year-long legal battle for planning permission for a large lake on his land.”
BBC News, 9th October 2013
Source: www.bbc.co.uk
“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
“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.”
OUT-LAW.com, 4th October 2012
Source: www.out-law.com
“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.”
The Guardian, 17th October 2011
Source: www.guardian.co.uk
“Residents at Dale Farm, the UK’s largest illegal travellers’ site will learn later if they have won their High Court battle against eviction.”
BBC News, 12th October 20111
Source: www.bbc.co.uk
© Inner Temple Library 2018