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

Town council rejects poll calling for funding of legal action where it is a defendant – Local Government Lawyer

Posted August 16th, 2018 in judicial review, local government, news, planning by sally

‘A Dorset town council has rejected the outcome of a parish poll that would see it take legal action against itself.’

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Local Government Lawyer, 15th August 2018

Source: www.localgovernmentlawyer.co.uk

Court quashes planning permission for care home over error in officer report – Local Government Lawyer

Posted August 15th, 2018 in care homes, news, planning by sally

‘The High Court has quashed planning permission for a care home because of a material error in the council officer’s report that led to its approval.’

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Local Government Lawyer, 14th August 2018

Source: www.localgovernmentlawyer.co.uk

Not NPPF2: A case about prior approval applications and appeals – No. 5 Chambers

Posted August 7th, 2018 in appeals, delay, news, planning, telecommunications by sally

‘As Parliament rises for the summer recess it leaves us with a revised Framework and a call for evidence on the appeals system. As a diversion from the commentary on the former, and of some relevance to the later, this note looks at a case on prior approval for PD.’

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No. 5 Chambers, 26th July 2018

Source: www.no5.com

Valued Landscapes – A Legal Perspective – No. 5 Chambers

Posted August 6th, 2018 in environmental protection, news, parks, planning by sally

‘“Valued landscapes” have become a frequent and significant feature in planning decision making since the advent of the National Planning Policy Framework (the “NPPF”).’

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No. 5 Chambers, 4th July 2018

Source: www.no5.com

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by tracey

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

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Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission for legal challenge to Inner Temple planning permission – Local Government Lawyer

Posted July 12th, 2018 in inns of court, judicial review, news, planning by sally

‘The High Court has refused permission for a judicial review of the Corporation of the City of London’s grant of planning permission for educational facilities in the Inner Temple Treasury Building, which involves the loss of the upper gallery of its library, it has been reported.’

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Local Government Lawyer, 10th July 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes village green registration over ‘trigger event’ – Local Government Lawyer

Posted July 10th, 2018 in commons, local government, news, planning by sally

‘The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.’

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Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

High Court Rejects Challenge to Inner Temple Development Proposals – Landmark Chambers

Posted July 4th, 2018 in inns of court, judicial review, news, planning by sally

‘The High Court has refused permission to seek judicial review of the Corporation of the City of London’s decision to grant planning permission for the provision of new educational facilities in the Inner Temple Treasury Building. The proposals were particularly controversial, because they entail the loss of the upper gallery of the Inner Temple library. Although constructed after the Second World War, the library is a notable feature of the Treasury Building, and is regarded with strong affection by many who have used it. When granting permission, the Corporation’s planning committee accepted that the loss would cause harm to the Treasury Building, but concluded that this was less than substantial and was outweighed by the benefits of the scheme.’

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Landmark Chambers, 4th July 2018

Source: www.landmarkchambers.co.uk

Appeal judges uphold ruling on ministerial failure to take into account earlier decision – Local Government Lawyer

Posted June 21st, 2018 in appeals, ministers' powers and duties, news, planning by tracey

‘The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.’

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Local Government Lawyer, 20th June 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes planning permission for care home expansion: report – Local Government Lawyer

Posted June 8th, 2018 in care homes, local government, news, planning by sally

‘The High Court has quashed planning permission for a care home expansion granted by Bath and North East Somerset Council despite officers’ objections, it has been reported.’

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Local Government Lawyer, 7th June 2018

Source: www.localgovernmentlawyer.co.uk

Prosecution over unauthorised vehicle repair business leads to £120k+ confiscation orders – Local Government Lawyer

Posted May 31st, 2018 in confiscation, costs, enforcement, fines, local government, news, planning by sally

‘Two companies that allowed an unauthorised vehicle repair business to be run without planning permission have been ordered to pay more than £120,000 under confiscation orders obtained by Wokingham Borough Council.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

London borough secures its largest ever confiscation order for planning breaches – Local Government Lawyer

Posted May 30th, 2018 in confiscation, costs, fines, local government, news, planning, proceeds of crime by sally

‘Islington Council has secured a confiscation order of £304,458 under the Proceeds of Crime Act against a property company which converted a single dwelling into five flats without planning permission.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Chief Planner warns local planning authorities on GDPR and data protection – Local Government Lawyer

Posted May 16th, 2018 in data protection, local government, news, planning by sally

‘The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.’

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Local Government Lawyer, 15th May 2018

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case on community benefit fund as material consideration – Local Government Lawyer

Posted May 16th, 2018 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms limited scope for re-opening permission decisions – OUT-LAW.com

Posted May 2nd, 2018 in appeals, civil procedure rules, judicial review, news, planning by tracey

‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’

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OUT-LAW.com, 2nd May 2018

Source: www.out-law.com