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

Council wins High Court battle over viability and amount of affordable housing – Local Government Lawyer

Posted May 1st, 2018 in construction industry, housing, local government, news, planning by tracey

‘A Planning Court judge has ruled in favour of the London Borough of Islington in a long-running dispute over a major development which it has said will provide insufficient affordable homes.’

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Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk

An unplanned surprise: Implied planning obligations – Clin v Walter Lilly – Practical Law: Construction Blog

Posted April 13th, 2018 in construction industry, contracts, news, planning by tracey

‘Recently, in the course of reviewing a proposed building contract for an employer, I had cause to consider how responsibility for obtaining planning consents had been addressed. Or rather, whether it had been addressed at all. Jean-François Clin v Walter Lilly & Co Ltd is a forceful reminder to effectively deal with this issue. The Court of Appeal held that, in the absence of an express term to the contrary, a term was implied into the parties’ contract requiring the employer to obtain planning permission for redevelopment of the property and, generally, making the employer responsible for obtaining necessary consents.’

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Practical Law: Construction Blog, 11th April 2018

Source: constructionblog.practicallaw.com

Judges rule on meaning of ‘isolated’ homes and National Planning Policy Framework – Local Government Lawyer

Posted April 5th, 2018 in appeals, housing, local government, news, planning by sally

‘The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.’

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Local Government Lawyer, 5th April 2018

Source: www.localgovernmentlawyer.co.uk

Permission on Erroneous Basis – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by tracey

‘In R (Thornton Hall Hotel Ltd) v Wirral MBC (2018) EWHC 560 (Admin) unconditional and permanent planning permission for the erection of three marquees on a green belt site was quashed where it had been granted on an erroneous basis, namely the omission of conditions including a five-year time limit which had clearly been envisaged by the local authority’s planning committee in approving permission. To allow the marquees to remain in place would subvert the public interest in the integrity of the planning process.’

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Local Government Lawyer, 27th March 2018

Source: local-government-law.11kbw.com

High Court quashes planning permission issued six years ago – Local Government Lawyer

Posted March 28th, 2018 in local government, mistake, news, planning, time limits by tracey

‘Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.’

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Local Government Lawyer, 27th March 2018

Source: www.localgovernmentlawyer.co.uk