Air quality breaches stops development which threatened to exacerbate them – UK Human Rights Blog

Posted November 15th, 2017 in news, planning, pollution by tracey

‘Gladman Developments v. SoS for Communities and Local Government, Interested Party:CPRE [2017] EWHC 2768 (Admin) 6 November 2017. An interesting example of how our planners must take air pollution concerns far more seriously in the light of the long-running ClientEarth litigation.’

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UK Human Rights Blog, 13th November 2017

Source: ukhumanrightsblog.com

Blackpool bar ordered to pay £336k over planning breaches – Local Government Lawyer

Posted November 14th, 2017 in confiscation, costs, fines, news, planning by tracey

‘A Blackpool bar owner must pay a total of £336,000 in confiscation, a fine and costs for a lengthy breach of planning conditions.’

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Local Government Lawyer, 14th November 2017

Source: www.localgovernmentlawyer.co.uk

High Court hears judicial review challenge over £2bn development vehicle – Local Government Lawyer

‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’

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Local Government Lawyer, 26th October 2017

Source: www.localgovernmentlawyer.co.uk

Green Space Borough-Wide Preventative Injunctions: The Next Stage – Hardwicke Chambers

Posted October 23rd, 2017 in commons, gipsies, injunctions, news, planning, waste by sally

‘In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.’

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Hardwicke Chambers, 19th October 2017

Source: www.hardwicke.co.uk

New Electronic Communications Code set to take effect in December, says government – OUT-LAW.com

Posted October 23rd, 2017 in codes of practice, news, planning, regulations, telecommunications by sally

‘New rules regarding the rights and obligations that arise in relation to the deployment and maintenance of mobile phone masts and other telecoms infrastructure are “expected to take effect in December”, according to the UK government.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in contracts, news, planning, sale of land, time limits by sally

‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

Planning for Infrastructure in Wales – No. 5 Chambers

Posted October 20th, 2017 in devolution, environmental protection, news, planning, Wales by sally

‘The Wales Act 2017 received Royal Assent on 31 January 2017. Some provisions are already in force; others will come into effect in April 2018.’

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No. 5 Chambers, 18th October 2017

Source: www.no5.com

Famous London studio wins two years battle over the sound of silence – Daily Telegraph

Posted October 13th, 2017 in news, noise, planning by tracey

‘A world-famous recording studio where leading symphony orchestras, Sir Paul McCartney, U2 and Liam Gallagher have performed has won a legal battle to stop a neighbour digging a vast “iceberg” basement.’

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Daily Telegraph, 12th October 2017

Source: www.telegraph.co.uk

Minister to review law on illegal Gypsy and traveller sites – BBC News

Posted October 10th, 2017 in ASBOs, gipsies, news, parliament, planning by sally

‘The government is to review the effectiveness of laws designed to tackle illegal encampments set up by travellers and Gypsies.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

High Court rejects legal challenge to urban extension – Local Government Lawyer

Posted September 22nd, 2017 in EC law, judicial review, local government, news, planning, pollution by sally

‘Two campaigners have failed to win permission from the High Court for judicial review of a planned urban extension to Canterbury on air quality grounds.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

Couple who disguised house as a garage told to tear it down – Daily Telegraph

Posted September 19th, 2017 in enforcement, news, planning by tracey

‘A couple who disguised a house as a garage and lived in it for four years have been ordered to tear it down.’

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Daily Telegraph, 19th September 2017

Source: www.telegraph.co.uk

Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK

Posted September 13th, 2017 in Church of England, ecclesiastical law, listed buildings, news, planning by tracey

‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’

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Law & Religion UK, 13th September 2017

Source: www.lawandreligionuk.com

Campaigners launch last-ditch appeal to stop fracking in Lancashire – The Guardian

Posted August 30th, 2017 in appeals, environmental protection, local government, news, planning by sally

‘A last-ditch legal challenge to prevent fracking in Lancashire is being launched at the court of appeal.’

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The Guardian, 29th August 2017

Source: www.theguardian.com

Judge quashes decision by minister over dismissal of planning conditions – Local Government Lawyer

Posted August 23rd, 2017 in appeals, construction industry, news, planning by sally

‘A judge has quashed a decision by Communities Secretary Sajid Javid to overrule an inspector and refuse planning permission for a housing development in Cheshire.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Appeal court confirms scope of presumption in favour of sustainable development – OUT-LAW.com

Posted July 10th, 2017 in appeals, housing, interpretation, judgments, news, planning by sally

‘The Court of Appeal has confirmed that the presumption in favour of sustainable development, as set out in paragraph 14 of the National Planning Policy Framework (NPPF), should only be treated as a material consideration by a planning inspector in the limited circumstances set out in that paragraph and not in any other circumstances.’

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OUT-LAW.com, 7th July 2017

Source: www.out-law.com

Sustainable development: what does it mean and when is there a presumption in favour of it? – No. 5 Chambers

Posted July 5th, 2017 in appeals, interpretation, local government, news, planning by sally

‘Case law junkies will no doubt recall that this was Barwood’s appeal against the decision of Green J in the High Court, who ruled that there is no presumption in favour of sustainable development (“PIFSD”) in cases were NPPF paragraph 14 is not engaged. The dispute over whether the NPPF (when looked at as a whole) contains a general presumption in favour of sustainable development, or whether such a presumption arises if and only if the development plan is absent, silent or relevant policies are out of date (NPPF14), has been rumbling on ever since the decision of Coulson J in Wychavon DC v SSCLG [2016] EWHC 592 (Admin).’

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No. 5 Chambers, 4th July 2017

Source: www.no5.com

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