‘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.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘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.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
No. 5 Chambers, 8th August 2019
Source: www.no5.com
‘In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council was successfully challenged. The Order had aimed to revoke planning permission for the erection of a detached 2 storey 3 bedroom dwelling. The objector was the owner and occupier of the Order Property.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
‘Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently. And well he might, as the Conservative Party’s track record on housing delivery, first as the main party in a coalition, and then on its own, has been very poor.’
No. 5 Chambers, 6th August 2019
Source: www.no5.com
Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number of parties to which claimants could be liable to in costs and that the court was correct not to limit further the Aarhus cap on the basis that the claim failed at the permission stage. Nevertheless, successful defendants and/or interested parties may only recover reasonable and proportionate costs. Written by Howard Leithead, barrister at No5 Chambers.
No. 5 Chambers, 5th August 2019
Source: www.no5.com
‘The Planning Inspectorate has issued – for s.78 planning appeals following the inquiries procedure – new guidance and a new process for the submission of the Statement of Case and Statement of Common Ground.’
Local Government Lawyer, 22nd August 2019
Source: www.localgovernmentlawyer.co.uk
‘Land owners can prevent telecoms operators installing telecoms equipment on their property if they have a “firm, settled and unconditional intention” of redeveloping the sites the operators have earmarked, and can show that they have a reasonable prospect of being able to carry out their redevelopment plans, a tribunal has ruled.’
OUT-LAW.com, 12th July 2019
Source: www.pinsentmasons.com
‘A parish council has failed in a High Court challenge to a decision by the development control committee at Arun District Council to grant outline permission for the development of a portion of land allocated for up to 400 dwellings.’
Local Government Lawyer, 8th July 2019
Source: www.localgovernmentlawyer.co.uk
‘Lord Justice Lindblom said the main question in Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 was how one should understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan.’
Local Government Lawyer, 9th July 2019
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘The Supreme Court has unanimously allowed an appeal by the London Borough of Lambeth in a dispute over whether use restrictions continued to apply to a retail development.’
Local Government Lawyer, 3rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘The planning permission is secured, the conditions are in place, now all that’s left is to commence development, right? Not necessarily. As planners you’ll be keenly aware that the road to development is not always smooth. Unexpected events occur, problems arise, and sometimes once permission has been obtained people are unable to comply with conditions or have a change of heart. Luckily, there are options available which do not necessarily mean going back to the drawing board.’
No. 5 Chambers, 2oth June 2019
Source: www.no5.com
‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’
Local Government Lawyer, 3rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘The High Court judgment in the Heathrow third runway case is arguably the most extensive judicial reasoning on current UK climate change law to date.’
Six Pump Court, 25th June 2019
Source: www.6pumpcourt.co.uk
‘The Supreme Court will next week (3 July) rule on the London Borough of Lambeth’s appeal over whether a condition restricting the use of premises should be implied into a planning permission granted by the council, or, alternatively, whether the planning permission should be interpreted as containing such a condition.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
‘Plans to build a fourteen mile, six lane motorway through the Gwent Levels south of Newport to relieve congestion on the M4 have been scrapped by the Welsh government. The announcement by first minister Mark Drakeford was welcomed by environmentalists, local residents and small businesses who opposed the scheme at last year’s public inquiry. Alasdair Henderson, Dominic Ruck Keene and Hannah Noyce from 1 Crown Office Row with other barristers from Guildhall Chambers (Brendon Moorhouse) and Garden Court (Irena Sabic and Grace Brown) represented Gwent Wildlife Trust and an umbrella of other environmental objectors in the proceedings which lasted from February 2017 to September 2018. All these barristers acted for free.’
UK Human Rights Blog, 24th June 2019
Source: ukhumanrightsblog.com
‘Rosalind English talks to Alasdair Henderson about the Welsh government U-turn on the M4 relief road. Alasdair acted for some of the objectors in the inquiry and regards it as “probably one of the biggest environmental success stores in terms of challenging a major infrastructure project on environmental grounds.’
Law Pod UK, 24th June 2019
Source: audioboom.com
‘We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims if a development does not go well. The recent case of Wilson & Sharp Investments Ltd v Falmouth Property Investments Ltd raises some interesting points of law concerning misrepresentation claims, particularly between developers, and also important issues of procedure for summary judgment applications.’
Practical Law: Construction Blog, 19th June 2019
‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’
Legal Futures, 3rd June 2019
Source: www.legalfutures.co.uk
© Inner Temple Library 2019