Thea Osmund-Smith successful in High Court – No. 5 Chambers

Posted December 12th, 2018 in assets of community value, housing, local government, news, planning by sally

‘Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin).’

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No. 5 Chambers, 6th December 2018

Source: www.no5.com

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Rogue landlord in Harrow faces jail if he doesn’t pay £1.5m fine – The Guardian

Posted December 6th, 2018 in fines, landlord & tenant, news, planning by sally

‘A rogue landlord who illegally carved up family homes to create cramped bedsits and charged tenants hundreds of pounds a month is facing prison unless he pays what is believed to be a record £1.5m penalty for breaking planning laws.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

High Court: inspector entitled to approve revision to planning condition – OUT-LAW.com

Posted December 5th, 2018 in energy, local government, news, planning, statutory interpretation by sally

‘A planning inspector did not exceed her authority when she granted permission to a wind turbine developer to build larger turbines than those provided for in the original planning permission, the High Court has ruled.’

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OUT-LAW.com, 4th December 2018

Source: www.out-law.com

Law Commission launches reforms to planning law in Wales – Law Commission

Posted December 4th, 2018 in Law Commission, planning, press releases, Wales by tracey

‘The Law Commission has published a wide-ranging report proposing over 190 technical reforms to planning law as it applies in Wales. This will hopefully lead to the appearance of a new Planning Act, as the centrepiece of a new Planning Code for Wales.’

Full press release

Law Commission, 3rd December 2018

Source: www.lawcom.gov.uk/

Owner of Grade II listed house loses appeal over removal of limestone piers – Local Government Lawyer

‘Being on the register of listed buildings is enough to give a structure protection and its validity cannot be challenged in disputes over enforcement, the Court of Appeal has ruled.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

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Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Council decides to block new cafe from opening in empty shop because it has too many coffee shops – Daily Telegraph

Posted November 15th, 2018 in competition, complaints, local government, news, planning by tracey

‘Coffee shop fatigue in a coastal town has resulted in a council blocking a new cafe from opening in a store left empty for a year.’

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Daily Telegraph, 14th November 2018

Source: www.telegraph.co.uk

Unauthorised works to listed building sees owner ordered to pay £80k – Local Government Lawyer

Posted November 9th, 2018 in injunctions, listed buildings, monuments, news, planning, prosecutions by tracey

‘Horsham District Council and Historic England have successfully prosecuted a landowner for unauthorised works to a listed building and scheduled monument.’

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Local Government Lawyer, 8th November 2018

Source: www.localgovernmentlawyer.co.uk

Council defeats High Court challenge over adoption of policies in Local Plan – Local Government Lawyer

Posted November 7th, 2018 in housing, local government, news, planning by sally

‘A Deputy High Court Judge has rejected a legal challenge to Waverley Borough Council’s adoption of certain policies in its Local Plan.’

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Local Government Lawyer, 6th November 2018

Source: www.localgovernmentlawyer.co.uk

Government faces new legal challenge over plans to speed up fracking – The Guardian

Posted November 5th, 2018 in EC law, energy, environmental protection, local government, news, planning by sally

‘The government is facing a fresh legal challenge to its proposals to fast-track new fracking sites by loosening planning regulations.’

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The Guardian, 4th November 2018

Source: www.theguardian.com

Council fails in challenge to decision by inspector to grant permission for 29 homes- Local Government Lawyers

Posted November 2nd, 2018 in appeals, housing, local government, news, planning by sally

‘Cheshire East Council has failed in a High Court challenge to a planning inspector’s decision to grant a developer outline planning permission for 29 dwellings on appeal.’

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Local Government Lawyer, 1st November 2018

Source: www.localgovernmentlawyer.co.uk

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

Posted November 1st, 2018 in boundaries, environmental protection, local government, news, planning by sally

‘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

Row over holiday park sees permission granted for second judicial review – Local Government Lawyer

Posted October 17th, 2018 in environmental protection, judicial review, local government, news, planning by sally

‘Folkestone & Hythe District Council faces its second judicial review in a year over a dispute concerning a proposed holiday park.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

Council leader calls for judicial review challenge over Lower Thames Crossing – Local Government Lawyer

Posted October 12th, 2018 in consultations, local government, news, planning, roads by sally

‘The Leader of Thurrock Council is to call on his fellow councillors to back a judicial review challenge over the planned Lower Thames Crossing.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Planning reforms to give councils more flexibility to dispose of surplus land – Local Government Lawyer

‘The government has announced plans to consult on further reforms to the planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes.’

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Local Government Lawyer, 2nd October 2018

Source: www.localgovernmentlawyer.co.uk

Mobile home security – Nearly Legal

Posted September 14th, 2018 in housing, landlord & tenant, licensing, news, planning by tracey

‘In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.

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Nearly Legal, 13th September 2018

Source: nearlylegal.co.uk

Government faces court action over ‘illegal’ planning policy – The Guardian

Posted September 4th, 2018 in energy, environmental protection, local government, news, planning by sally

‘The government is facing a legal challenge over its new planning policy, which campaigners say was illegally adopted because the government failed to assess its environmental impact.’

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The Guardian, 4th September 2018

Source: www.theguardian.com

Two thirds of appeals succeed where councillors go against officer recommendation – Local Government Lawyer

Posted August 29th, 2018 in appeals, local government, news, planning by sally

‘Two thirds (65%) of appeals are allowed in cases where councillors refuse planning permission for a 50-plus residential unit scheme despite a planning officer’s recommendation for approval, research by planning consultancy Lichfields has suggested.’

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Local Government Lawyer, 23rd August 2018

Source: www.localgovernmentlawyer.co.uk