Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

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Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by tracey

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

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OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions – Local Government Lawyer

Posted November 18th, 2019 in appeals, energy, local government, news, planning, Supreme Court by sally

‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Council failed to consider impact of proposed retail development on local post office, High Court finds – Local Government Lawyer

Posted November 14th, 2019 in judicial review, local government, news, planning, postal service by tracey

‘Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Council vows to defend legal challenge over grant of permission for mixed-use scheme including football stadium – Local Government Lawyer

Posted November 13th, 2019 in local government, news, planning, sport by sally

‘Luton Borough Council has said it will “vigorously defend” a legal challenge brought by a property investment company over the local authority’s decision to grant planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.’

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Local Government Lawyer, 12th November 2019

Source: www.localgovernmentlawyer.co.uk

Couple fined £20,000 for planning offences over work on outbuildings and fish pond – Local Government Lawyer

Posted November 5th, 2019 in enforcement, fines, local government, news, planning by sally

‘A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.’

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Local Government Lawyer, 4th November 2019

Source: www.localgovernmentlawyer.co.uk

Tribunal orders council to disclose instructions sent to QC over motion for ‘call-in’ of planning applications – Local Government Lawyer

Posted November 4th, 2019 in disclosure, freedom of information, news, planning, privilege by sally

‘The First-tier Tribunal has ordered Ryedale District Council to disclose the briefing question it sent to a Queen’s Counsel seeking advice on a motion in which councillors sought for competing retail planning applications to be ‘called in’.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment : Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd (a company registered in the British Virgin Islands) [2019] UKSC 47 – UKSC Blog

Posted November 1st, 2019 in appeals, consent, housing, landlord & tenant, news, planning, Supreme Court by sally

‘This appeal concerned a landlord’s refusal to make a planning application for increased residential use. The tenant challenged this decision on the basis that it was unreasonable. The County Court and the Court of Appeal agreed with the tenant and the landlord appealed to the Supreme Court. The question for the Court was whether the trial judge was right to find the landlord had acted unreasonably in withholding consent.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Nationally significant infrastructure projects – hot topics seminar High Court challenges – current issues – Landmark Chambers

Posted October 31st, 2019 in environmental protection, news, planning, time limits by sally

‘This talk is billed as “current issues” in respect of High Court challenges to Nationally Significant Infrastructure Projects (“NSIPS”). However, given the limited number of challenges that have in fact been brought under the Planning Act 2008 (“the 2008 Act”) regime, we have sought to draw out themes arising from those challenges which have been decided by the courts and the lessons to be learnt from those cases.’

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Landmark Chambers, 1st October 2019

Source: www.landmarkchambers.co.uk

Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’

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Law Society's Gazette, 30th October 2019

Source: www.lawgazette.co.uk

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer

Posted October 31st, 2019 in complaints, disclosure, freedom of information, local government, news, planning by sally

‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com

Posted October 22nd, 2019 in landlord & tenant, leases, news, planning by tracey

‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’

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OUT-LAW.com, 18th October 2019

Source: www.pinsentmasons.com

Heathrow expansion violates climate rights of children, say lawyers – The Guardian

‘The multibillion-pound expansion of Heathrow violates the rights of children and future generations, who will face the greatest impact of the climate crisis, lawyers will argue at the court of appeal in London.’

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The Guardian, 17th October 2019

Source: www.theguardian.com

Developer fails in bid to rely on planning permission granted in 1967 – Local Government Lawyer

Posted October 17th, 2019 in housing, local government, news, planning by sally

‘A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.’

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Local Government Lawyer, 16th October 2019

Source: www.localgovernmentlawyer.co.uk

Communities will get legal right to fight ugly buildings in their towns – Daily Telegraph

Posted September 30th, 2019 in environmental protection, housing, news, planning by michael

‘Communities will get the legal right to fight ugly buildings and poorly designed new homes in their towns and villages in new Government guidance to be published on Monday [30 September].’

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Daily Telegraph, 29th September 2019

Source: www.telegraph.co.uk

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