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

Harlow traveller ban extended for three years – BBC News

Posted June 15th, 2017 in gipsies, injunctions, news, planning by sally

‘An injunction banning travellers from setting up unauthorised camps in Harlow has been extended for three years.’

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BBC News, 14th June 2017

Source: www.bbc.co.uk

Court of Appeal to hear legal challenge against Lancashire fracking plans – OUT-LAW.com

Posted June 12th, 2017 in appeals, environmental protection, judicial review, news, planning by sally

‘Campaigners in Lancashire in England have won the right to continue their legal challenge against planned ‘fracking’ operations on farm land between the towns of Blackpool and Preston.’

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OUT-LAW.com, 9th June 2017

Source: www.out-law.com

Campaigners win permission for Court of Appeal challenge to fracking decision – Local Government Lawyer

Posted June 9th, 2017 in appeals, environmental protection, news, planning by sally

‘Campaigners have this week been granted permission to appeal a Planning Court ruling allowing fracking at a site in Lancashire.’

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Local Government Lawyer, 8th June 2017

Source: www.localgovernmentlawyer.co.uk

High Court to hear judicial review challenge over neighbourhood plan and quarry – Local Government Lawyer

Posted June 8th, 2017 in judicial review, news, planning by sally

‘The High Court will next week (14-15 June) hear a judicial review challenge over a decision in a neighbourhood plan to allocate a quarry site for heavy industry and housing.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Planning law does not trump rights to privacy, says watchdog – OUT-LAW.com

Posted June 2nd, 2017 in data protection, news, planning, privacy by sally

‘Local authorities processing planning applications cannot ignore their responsibilities under data protection law, the UK’s Information Commissioner’s Office (ICO) has warned.’

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OUT-LAW.com,1st June 2017

Source: www.out-law.com

Council fined £150k for publishing sensitive data in online planning documents – Local Government Lawyer

Posted June 1st, 2017 in data protection, fines, gipsies, internet, local government, news, planning, privacy by sally

‘Basildon Borough Council has been fined £150,000 by the Information Commissioner’s Office (ICO) 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, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

Resident pursues judicial review over development partner choice – Local Government Lawyer

Posted May 24th, 2017 in judicial review, local government, London, news, planning by sally

‘A local resident is to launch a legal challenge to the London Borough of Haringey’s decision to press ahead with a development vehicle for one of the country’s largest regeneration schemes.’

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Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Planning decision of Communities Secretary quashed over “complete volte face” – Local Government Lawyer

Posted May 15th, 2017 in horse racing, housing, local government, news, planning by sally

‘The Communities Secretary performed “a complete and unexplained volte face” in his assessment of the highways impacts of two proposals for development on the same site in Newmarket, a Planning Court judge has ruled.’

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Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down key ruling over meaning of planning framework – Local Government Lawyer

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Two local authorities have lost appeals today to the Supreme Court, although judges did back the councils’ interpretation of a key part of the National Planning Policy Framework (NPPF).’

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Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court favours narrow interpretation of ‘relevant policies for supply of housing’ – OUT-LAW.com

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Only those local planning policies dealing with housing-specific questions, such as numbers and distribution of housing, will be deemed out of date in the absence of a five year supply of deliverable sites for housing in a particular area, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th May 2017

Source: www.out-law.com