Category: planning

Can urns be buildings? Supreme Court rules in landmark listing dispute – Law Society’s Gazette

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’

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Law Society's Gazette, 20th May 2020

Source: www.lawgazette.co.uk

New Judgment: Dill v Secretary of State for Housing, Communities and Local Government & Anor [2020 UKSC 20] – UKSC Blog

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’

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UKSC Blog, 27th May 2020

Source: ukscblog.com

Supreme Court hands down key ruling on listed buildings – Local Government Lawyer

Posted May 22nd, 2020 in appeals, building law, interpretation, local government, news, planning, Supreme Court by sally

‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Planning and Re-starting the Housing Market – 4-5 Gray’s Inn Square

Posted May 21st, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Late on 12 May 2020, the Housing Secretary published a plan to re-start the housing market: https://www.gov.uk/government/news/housing-secretary-sets-out-plan-to-restart-housing-market. The measures are intended to support the economy and make progress in an industry where much been paused during the lockdown.’

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4-5 Gray's Inn Square, 13th May 2020

Source: www.4-5.co.uk

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Planning for the Future – 39 Essex Chambers

Posted May 19th, 2020 in chambers articles, coronavirus, news, planning by sally

‘There has been a determined effort by Ministers and much of government to keep the planning system going during the coronavirus crisis. The ability to carry out development is one of the means of maintaining jobs and restoring the economy as the country comes out of lockdown.’

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39 Essex Chambers, 14th May 2020

Source: www.39essex.com

Mayor of London loses statutory challenge over permission for substantial development at top private school – Local Government Lawyer

Posted May 15th, 2020 in appeals, local government, London, news, planning by sally

‘The Mayor of London has failed in a challenge by statutory review to a decision of the Secretary of State for Housing, Communities and Local Government to allow an appeal by Harrow School against refusal of planning permission for a substantial development.’

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Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Government to ease requirements on publicity and consultation in latest measures to help planning system operate during COVID-19 – Local Government Lawyer

Posted May 15th, 2020 in consultations, coronavirus, easements, housing, local government, news, planning by sally

‘The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.’

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Local Government Lawyer, 13th May 2020

Source: www.localgovernmentlawyer.co.uk

Developer fails in claim that 135-home residential scheme was appropriate alternative development for compulsorily purchased site – Local Government Lawyer

Posted May 14th, 2020 in compulsory purchase, local government, news, planning by sally

‘A judge has rejected a developer’s claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.’

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Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Putting the court before the horse – No. 5 Chambers

Posted April 28th, 2020 in change of use, interpretation, local government, news, planning by sally

‘In the recent case of T&P Real Estate Limited v The Mayor and Burgesses of the London Borough of Sutton [2020] EWHC 879 (Ch) Deputy Master Bowles described the background to the claim, and the application before him, as “…for a non-planner, not wholly straightforward”. In fairness, even for a planner, the subject matter of the claim is not uncomplicated involving as it did consideration of the interpretation, and effect of, an Article 4 Direction made in relation to the exercise of permitted development rights.’

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No. 5 Chambers, 24th April 2020

Source: www.no5.com

County council wins High Court appeal over deregistration of common land – Local Government Lawyer

Posted April 24th, 2020 in airports, commons, local government, news, planning by sally

‘Hampshire County Council has won an appeal over an inspector’s decision to deregister as common land an area where an airport is located.’

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Local Government Lawyer, 23rd April 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners take legal action over £27bn UK road-building scheme – The Guardian

Posted April 22nd, 2020 in climate change, environmental protection, news, planning, roads, transport by sally

‘Campaigners have launched a legal challenge to try to prevent billions of pounds of taxpayers’ money being spent on a huge road-building programme, which they say breaches the UK’s legal commitments to tackle the climate crisis and air pollution.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Judge orders fresh hearing in dispute over disclosure of advice to council on tactics in negotiations with supermarket giant – Local Government Lawyer

Posted April 21st, 2020 in appeals, disclosure, freedom of information, local government, news, planning, tribunals by sally

‘An Upper Tribunal judge has set aside a decision by a First-tier Tribunal (FTT) that upheld – after a freedom of information request – the withholding of an agent’s advice to a local authority on the tactics it should apply in negotiations with Tesco over a proposed development.’

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Local Government Lawyer, 20th April 2020

Source: www.localgovernmentlawyer.co.uk

Planning obligations and the Community Infrastructure Levy – covenants, contributions and levies in a time of lockdown – Radcliffe Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, housing, local government, news, planning by sally

‘This article focuses on two of the many important issues – one under section 106 of the Town and Country Planning Act 1990 and the other under the Community Infrastructure Levy (“CIL”) regime – which are likely to arise in the residential development sector during the current lockdown and economic downturn. The first issue is early stage viability review mechanisms, which are designed to capture a share of any increased profitability, to be used for additional on-site affordable housing provision where implementation is delayed. The second issue is CIL liability notices under The Community Infrastructure Levy Regulations 2010, SI 2010/948.’

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Radcliffe Chambers, 8th Aprill 2020

Source: radcliffechambers.com

EP 107: Climate Change and Lock Down – Thomas Muinzer & David Hart QC – Law Pod UK

Posted April 17th, 2020 in climate change, environmental protection, government departments, news, planning, podcasts, railways, transport by sally

‘Energy expert Thomas Muinzer and David Hart QC discuss the Climate Change Act, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions. This is even more topical, given the recent decision to go ahead HS2, despite the current lockdown.’

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Law Pod UK, 17th April 2020

Source: audioboom.com

Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer

Posted April 16th, 2020 in appeals, interpretation, local government, news, planning by sally

‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

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No. 5 Chambers, 8th April 2020

Source: www.no5.com

Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer

Posted April 15th, 2020 in appeals, climate change, environmental protection, government departments, judicial review, news, planning, transport by sally

‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners win judicial review challenge over major scheme but judge declines to grant relief – Local Government Lawyer

Posted April 14th, 2020 in judicial review, local government, news, planning by sally

‘A campaign group opposed to a large development in Dorset has partially won its case at judicial review but been granted no relief.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk