Regina (Williams) v Powys County Council – WLR Daily

Regina (Williams) v Powys County Council [2017] EWCA Civ 427

‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Council appeals £150k fine imposed over publication of sensitive data – Local Government Lawyer

‘Basildon Council has confirmed it is to appeal the imposition by the Information Commissioner of a £150,000 monetary penalty for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 20th June 2017

Source: www.localgovernmentlawyer.co.uk

Court of Appeal to hear case over whether planning challenge was out of time – Local Government Lawyer

Posted June 15th, 2017 in appeals, news, planning, time limits by sally

‘An applicant has secured permission from the Court of Appeal to argue that his challenge in a planning case was not brought out of time.’

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Local Government Lawyer, 13th June 2017

Source: www.localgovernmentlawyer.co.uk

Harlow traveller ban extended for three years – BBC News

Posted June 15th, 2017 in gipsies, injunctions, news, planning by sally

‘An injunction banning travellers from setting up unauthorised camps in Harlow has been extended for three years.’

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BBC News, 14th June 2017

Source: www.bbc.co.uk

Court of Appeal to hear legal challenge against Lancashire fracking plans – OUT-LAW.com

Posted June 12th, 2017 in appeals, environmental protection, judicial review, news, planning by sally

‘Campaigners in Lancashire in England have won the right to continue their legal challenge against planned ‘fracking’ operations on farm land between the towns of Blackpool and Preston.’

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OUT-LAW.com, 9th June 2017

Source: www.out-law.com

Campaigners win permission for Court of Appeal challenge to fracking decision – Local Government Lawyer

Posted June 9th, 2017 in appeals, environmental protection, news, planning by sally

‘Campaigners have this week been granted permission to appeal a Planning Court ruling allowing fracking at a site in Lancashire.’

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Local Government Lawyer, 8th June 2017

Source: www.localgovernmentlawyer.co.uk

High Court to hear judicial review challenge over neighbourhood plan and quarry – Local Government Lawyer

Posted June 8th, 2017 in judicial review, news, planning by sally

‘The High Court will next week (14-15 June) hear a judicial review challenge over a decision in a neighbourhood plan to allocate a quarry site for heavy industry and housing.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Planning law does not trump rights to privacy, says watchdog – OUT-LAW.com

Posted June 2nd, 2017 in data protection, news, planning, privacy by sally

‘Local authorities processing planning applications cannot ignore their responsibilities under data protection law, the UK’s Information Commissioner’s Office (ICO) has warned.’

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OUT-LAW.com,1st June 2017

Source: www.out-law.com

Council fined £150k for publishing sensitive data in online planning documents – Local Government Lawyer

Posted June 1st, 2017 in data protection, fines, gipsies, internet, local government, news, planning, privacy by sally

‘Basildon Borough Council has been fined £150,000 by the Information Commissioner’s Office (ICO) for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

Resident pursues judicial review over development partner choice – Local Government Lawyer

Posted May 24th, 2017 in judicial review, local government, London, news, planning by sally

‘A local resident is to launch a legal challenge to the London Borough of Haringey’s decision to press ahead with a development vehicle for one of the country’s largest regeneration schemes.’

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Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Planning decision of Communities Secretary quashed over “complete volte face” – Local Government Lawyer

Posted May 15th, 2017 in horse racing, housing, local government, news, planning by sally

‘The Communities Secretary performed “a complete and unexplained volte face” in his assessment of the highways impacts of two proposals for development on the same site in Newmarket, a Planning Court judge has ruled.’

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Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down key ruling over meaning of planning framework – Local Government Lawyer

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Two local authorities have lost appeals today to the Supreme Court, although judges did back the councils’ interpretation of a key part of the National Planning Policy Framework (NPPF).’

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Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court favours narrow interpretation of ‘relevant policies for supply of housing’ – OUT-LAW.com

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Only those local planning policies dealing with housing-specific questions, such as numbers and distribution of housing, will be deemed out of date in the absence of a five year supply of deliverable sites for housing in a particular area, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th May 2017

Source: www.out-law.com

Supreme Court denies councils’ appeals in housing policy case – Law Society’s Gazette

Posted May 11th, 2017 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has dismissed appeals by two local authorities in a case that centres on the wording of the government’s 2012 National Planning Policy Framework (NPPF).’

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Law Society’s Gazette, 11th May 2017

Source: www.lawgazette.co.uk

Judge quashes grant of planning permission for residential gypsy site – Local Government Lawyer

Posted May 2nd, 2017 in gipsies, local government, news, planning, tribunals, Wales by sally

‘A Deputy High Court judge has quashed a Welsh council’s grant of temporary planning permission for the use of land as a residential gypsy site.’

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Local Government Lawyer, 2nd May 2017

Source: www.localgovernmentlawyer.co.uk

Court rules woman can keep her red and white striped townhouse – The Guardian

Posted April 25th, 2017 in appeals, freedom of expression, housing, London, news, planning by sally

‘A woman who angered her neighbours by decorating her multimillion-pound townhouse with red and white stripes can ignore a planning order to repaint the property, the high court has ruled.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

Council hails £222k confiscation order – Law Society’s Gazette

Posted April 24th, 2017 in confiscation, local government, London, news, planning, proceeds of crime by tracey

‘Less than a month after local authority lawyers were told to consider the Proceeds of Crime Act (POCA) as a way to generate income, an East London council has announced its biggest court payout to date. The London Borough of Barking & Dagenham said that an east London landlord has been given a £222,000 confiscation order following a POCA application brought by the council before Snaresbrook Crown Court.’

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Law Society’s Gazette, 24th April 2017

Source: www.lawgazette.co.uk

Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

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Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

Fracking activists in Lancashire lose high court bid to stop drilling – The Guardian

Posted April 12th, 2017 in energy, environmental protection, news, planning by sally

‘Lancashire residents fighting to block a fracking site have said they are “truly dismayed” after losing a high court legal challenge.’

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The Guardian, 12th April 2017

Source: www.guardian.co.uk

High Court quashes planning permission for five-bed home for third time – Local Government Lawyer

Posted April 12th, 2017 in environmental protection, local government, news, planning by sally

‘Northumberland Council has seen its grant of planning permission for a five-bed home quashed by the High Court for a third time.’

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Local Government Lawyer, 11th April 2017

Source: www.localgovernmentlawyer.co.uk