When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer

Posted December 3rd, 2020 in appeals, civil procedure rules, local government, news, planning by tracey

‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Stonehenge tunnel: Legal challenge to ‘destructive’ plans – BBC News

Posted November 30th, 2020 in government departments, historic buildings, news, planning, roads, transport by sally

‘A campaign group is planning a legal challenge over the transport secretary’s decision to approve a £1.7bn tunnel near Stonehenge.’

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BBC News, 30th November 2020

Source: www.bbc.co.uk

District council forced to go to High Court to deal with planning permission errors – Local Government Lawyer

Posted November 23rd, 2020 in judicial review, local government, news, notification, planning by sally

‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’

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Local Government Lawyer, 20th November 2020

Source: www.localgovernmentlawyer.co.uk

Land-use Conflict – Supreme Court Rules on the Discharge of Restrictive Covenants: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – 39 Essex Chambers

‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’

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39 Essex Chambers, 9th November 2020

Source: www.39essex.com

Construction companies lose Court of Appeal challenge over expert determination – Local Government Lawyer

Posted November 17th, 2020 in construction industry, contracts, estoppel, housing, news, planning by sally

‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

Reconsideration or review? – Local Government Lawyer

Posted November 2nd, 2020 in appeals, jurisdiction, local government, news, planning, statutory interpretation by tracey

‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’

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Local Government Lawyer, 30th October 2020

Source: www.localgovernmentlawyer.co.uk

What To Do About London’s Roof Tops – The 36 Group

Posted October 30th, 2020 in chambers articles, codes of practice, housing, local government, London, news, planning by sally

‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’

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The 36 Group, October 2020

Source: 36group.co.uk

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer

Posted October 30th, 2020 in environmental health, local government, news, noise, planning by sally

‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Traveller families win court battle over living on land they own – BBC News

Posted October 27th, 2020 in appeals, housing, local government, news, planning, travellers by sally

‘Six Traveller families have won a High Court appeal against a decision which would stop them living on land they own in Newark-on-Trent, Nottinghamshire.’

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BBC News, 27th October 2020

Source: www.bbc.co.uk

Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB – No. 5 Chambers

‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as “Sizewell B” power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for “Sizewell C”. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of “Together Against Sizewell C”, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’

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No. 5 Chambers, 8th October 2020

Source: www.no5.com

Supreme Court rejects application for permission to appeal ruling on allotments appropriation and ministerial consent – Local Government Lawyer

‘The Supreme Court has refused permission to appeal a Court of Appeal ruling that land used for allotments for more than 80 years had not been subject of an appropriation for that use and so a council could dispose of the land without the consent of the Secretary of State, it has emerged.’

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Local Government Lawyer, 19th October 2020

Source: www.localgovernmentlawyer.co.uk

London borough wins High Court battle over community centre ownership – Local Government Lawyer

Posted October 7th, 2020 in injunctions, local government, London, news, planning by tracey

‘Brent Council has won a High Court dispute over the ownership of a community centre site and secured an injunction restraining the defendants from making any applications to register a restriction against the property.’

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Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

The NPPF and “out-of-date” – Local Government Lawyer

Posted September 11th, 2020 in appeals, housing, interpretation, local government, news, planning by tracey

‘The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.’

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Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

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5SAH, 24th August 2020

Source: www.5sah.co.uk

A Conflict at the Heart of the Planning White Paper (And Some Skateboarding References)- Guildhall Chambers

‘Whilst much could be (and most of it has already been) written about the Government’s recent white paper on planning, two things struck me in particular.

First, how generous of Whitehall to offer such fertile ground to article-writing lawyers and other commentators searching for occupation during Covid-enforced idleness. There is only so much nourishment available via Zoom, and anyway, in terms of professional development, thanks to my planning bar colleagues and their prodigious supply of webinars (manifestly exceeding the need, whether assessed on a 5 year supply, standardised, or any other basis of your choice) all of us now know literally everything about the current policy and legislative regime that there is to know. Or at least, most of us do. Others have employed the unexpected gift of time more imaginatively: my two young sons and I, for example, are on the verge of perfecting the Frontside 180, which I reckon isn’t at all bad for three pre-lockdown non-skateboarders.’

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Guildhall Chambers, 25th August 2020

Source: www.guildhallchambers.co.uk

Developer wins High Court battle over refusal of permission for 100-home site – Local Government Lawyer

Posted August 27th, 2020 in housing, inquiries, news, planning by sally

‘Developer Wainhomes (North-West) has won a High Court case against the Secretary of State for Housing, Communities and Local Government over housebuilding in the area of South Ribble Borough Council.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge remits Leeds site allocations plan to inspectors for reconsideration – Local Government Lawyer

Posted August 17th, 2020 in government departments, housing, local government, news, planning by sally

‘The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Race to the bottom: reform to planning system in England could be catastrophic – The Guardian

Posted August 6th, 2020 in housing, news, planning by sally

‘“More good quality, attractive and affordable homes faster.” According to the housing secretary, Robert Jenrick, that is the main aim of his “complete overhaul” of the English planning system, announced on Thursday. Yet there is precious little evidence that any of the new measures could lead to higher quality, more attractive or more affordable homes. Instead, the proposals look set to deliver the exact opposite.’

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The Guardian, 6th August 2020

Source: www.theguardian.com

Chris Packham loses appeal against HS2 rail project – The Guardian

‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’

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The Guardian, 31st July 2020

Source: www.theguardian.com