People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers

Posted September 2nd, 2019 in EC law, environmental protection, news, planning by sally

‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission – Local Government Lawyer

Posted September 2nd, 2019 in appeals, news, planning, retrospectivity by sally

‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Battle over an airfield; housing, heritage, conservation and more – No. 5 Chambers

Posted August 29th, 2019 in aircraft, airports, housing, listed buildings, news, planning by sally

‘A Planning Inspector recently delivered a long-awaited decision following an appeal under Section 78 of the Town and Country Planning Act 1990. The appeal was lodged following non-determination by Wiltshire Council over a site for major housing development in Old Sarum Airfield, in one of the original ‘rotten boroughs’ of Old Sarum.’

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No. 5 Chambers, 8th August 2019

Source: www.no5.com

What do you do when you’ve been granted planning permission by administrative error? – No. 5 Chambers

Posted August 29th, 2019 in mistake, news, planning by sally

‘In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council was successfully challenged. The Order had aimed to revoke planning permission for the erection of a detached 2 storey 3 bedroom dwelling. The objector was the owner and occupier of the Order Property.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing delivery – No. 5 Chambers

Posted August 29th, 2019 in housing, local government, news, planning by sally

‘Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently. And well he might, as the Conservative Party’s track record on housing delivery, first as the main party in a coalition, and then on its own, has been very poor.’

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No. 5 Chambers, 6th August 2019

Source: www.no5.com

Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG) – No. 5 Chambers

Posted August 29th, 2019 in costs, judicial review, news, planning by sally

Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.

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No. 5 Chambers, 5th August 2019

Source: www.no5.com

Planning Inspectorate issues new guidance for Statements of Case and Statement of Common Ground for s.78 planning appeals – Local Government Lawyer

Posted August 22nd, 2019 in appeals, inquiries, news, planning by sally

‘The Planning Inspectorate has issued – for s.78 planning appeals following the inquiries procedure – new guidance and a new process for the submission of the Statement of Case and Statement of Common Ground.’

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Local Government Lawyer, 22nd August 2019

Source: www.localgovernmentlawyer.co.uk

Clash of rights of operators and landowner rights to redevelop clarified by Tribunal – OUT-LAW.com

Posted July 15th, 2019 in landlord & tenant, leases, news, planning, telecommunications by tracey

‘Land owners can prevent telecoms operators installing telecoms equipment on their property if they have a “firm, settled and unconditional intention” of redeveloping the sites the operators have earmarked, and can show that they have a reasonable prospect of being able to carry out their redevelopment plans, a tribunal has ruled.’

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OUT-LAW.com, 12th July 2019

Source: www.pinsentmasons.com

Parish council fails in judicial review of assessment by planning officer of impact of 400-dwelling scheme on church – Local Government Lawyer

‘A parish council has failed in a High Court challenge to a decision by the development control committee at Arun District Council to grant outline permission for the development of a portion of land allocated for up to 400 dwellings.’

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Local Government Lawyer, 8th July 2019

Source: www.localgovernmentlawyer.co.uk

Developer fails in Court of Appeal bid to overturn ruling that neighbourhood plan challenge was brought out of time – Local Government Lawyer

Posted July 9th, 2019 in appeals, judicial review, news, planning, time limits by sally

‘Lord Justice Lindblom said the main question in Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 was how one should understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan.’

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Local Government Lawyer, 9th July 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government & Ors [2019] UKSC 33 – UKSC Blog

Posted July 5th, 2019 in local government, news, planning, Supreme Court by sally

‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’

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UKSC Blog, 3rd July 2019

Source: ukscblog.com

London borough wins Supreme Court battle over retail store and restrictions on use – Local Government Lawyer

Posted July 3rd, 2019 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously allowed an appeal by the London Borough of Lambeth in a dispute over whether use restrictions continued to apply to a retail development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

Legal Update: Section 73 Applications – No. 5 Chambers

Posted July 3rd, 2019 in energy, news, planning, road safety by sally

‘The planning permission is secured, the conditions are in place, now all that’s left is to commence development, right? Not necessarily. As planners you’ll be keenly aware that the road to development is not always smooth. Unexpected events occur, problems arise, and sometimes once permission has been obtained people are unable to comply with conditions or have a change of heart. Luckily, there are options available which do not necessarily mean going back to the drawing board.’

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No. 5 Chambers, 2oth June 2019

Source: www.no5.com

Council wins High Court battle over development and certificate of lawfulness – Local Government Lawyer

Posted July 3rd, 2019 in appeals, local government, news, planning, roads by sally

‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’

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Local Government Lawyer, 3rd July 2019

Source: www.localgovernmentlawyer.co.uk

The Heathrow judgment: what we learned about climate change law – Six Pump Court

‘The High Court judgment in the Heathrow third runway case is arguably the most extensive judicial reasoning on current UK climate change law to date.’

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Six Pump Court, 25th June 2019

Source: www.6pumpcourt.co.uk

Supreme Court to rule next week on implying condition restricting use of premises into planning permission – Local Government Lawyer

Posted June 28th, 2019 in appeals, local government, news, planning, sale of goods, Supreme Court by sally

‘The Supreme Court will next week (3 July) rule on the London Borough of Lambeth’s appeal over whether a condition restricting the use of premises should be implied into a planning permission granted by the council, or, alternatively, whether the planning permission should be interpreted as containing such a condition.’

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Local Government Lawyer, 27th June 2019

Source: www.localgovernmentlawyer.co.uk

M4 Newport relief road scrapped: environment v economics – UK Human Rights Blog

Posted June 26th, 2019 in environmental protection, inquiries, news, planning, road traffic, roads, Wales by sally

‘Plans to build a fourteen mile, six lane motorway through the Gwent Levels south of Newport to relieve congestion on the M4 have been scrapped by the Welsh government. The announcement by first minister Mark Drakeford was welcomed by environmentalists, local residents and small businesses who opposed the scheme at last year’s public inquiry. Alasdair Henderson, Dominic Ruck Keene and Hannah Noyce from 1 Crown Office Row with other barristers from Guildhall Chambers (Brendon Moorhouse) and Garden Court (Irena Sabic and Grace Brown) represented Gwent Wildlife Trust and an umbrella of other environmental objectors in the proceedings which lasted from February 2017 to September 2018. All these barristers acted for free.’

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UK Human Rights Blog, 24th June 2019

Source: ukhumanrightsblog.com

Ep 85: M4 relief road U-turn – Alasdair Henderson – Law Pod UK

Posted June 25th, 2019 in environmental protection, news, planning, roads, Wales by sally

‘Rosalind English talks to Alasdair Henderson about the Welsh government U-turn on the M4 relief road. Alasdair acted for some of the objectors in the inquiry and regards it as “probably one of the biggest environmental success stores in terms of challenging a major infrastructure project on environmental grounds.’

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Law Pod UK, 24th June 2019

Source: audioboom.com

Developer disputes: misrepresentation and summary judgment – Practical Law: Construction Blog

‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’

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Practical Law: Construction Blog, 19th June 2019

Source: constructionblog.practicallaw.com

Solicitor hit with £500k POCA fine for using house as office – Legal Futures

Posted June 3rd, 2019 in confiscation, enforcement, news, planning, proceeds of crime, solicitors by sally

‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’

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Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk