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

Court casts doubt on who bears risk of obtaining planning permission – OUT-LAW.com

Posted March 23rd, 2018 in construction industry, contracts, news, planning, time limits by tracey

‘The employer under a standard form construction contract is not under an absolute obligation to obtain planning permission or conservation consent before the works can go ahead, the Court of Appeal has ruled.’

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OUT-LAW.com, 22nd March 2018

Source: www.out-law.com

Court of Appeal backs decision to put neighbourhood plan to referendum – Local Government Lawyer

Posted March 21st, 2018 in local government, news, planning, referendums by tracey

‘Leeds City Council did not act unlawfully when it put a neighbourhood plan to a referendum after modifications had been made that partly differed from those recommended by the examiner, the Court of Appeal has said.’

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Local Government Lawyer, 20th March 2018

Source: www.localgovernmentlawyer.co.uk

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

Resident wins judicial review challenge over decision on siting of radio masts – Local Government Lawyer

Posted February 21st, 2018 in judicial review, news, planning, telecommunications by tracey

‘A London borough wrongly interpreted the General Permitted Development Order on the siting of radio masts, the High Court has said. Granting an application for judicial review brought by local resident Nigel Mawbey, Lang J said the London Borough of Lewisham had been wrong when it gave permission to Cornerstone Telecommunications Infrastructure to erect the masts.’

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Local Government Lawyer, 20th February 2018

Source: www.localgovernmentlawyer.co.uk

Judge quashes grant of permission for holiday park over failure to give reasons – Local Government Lawyer

Posted February 19th, 2018 in appeals, environmental protection, news, planning, reasons by sally

‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 19th February 2018

Source: www.localgovernmentlawyer.co.uk

Couple fined for using fake garage door to hide house in Leicester – The Guardian

Posted February 13th, 2018 in costs, fines, news, planning by sally

‘A couple have been fined after using a fake garage door and high fence to hide a residential property from a council.’

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The Guardian, 12th February 2018

Source: www.theguardian.com

Planning policy consultation to finally begin a year after Government housing paper was published – Daily Telegraph

Posted February 12th, 2018 in construction industry, consultations, housing, news, planning by tracey

‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’

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Daily Telegraph, 12th February 2018

Source: www.telegraph.co.uk

Judges reject appeal by planning defendant over ‘impersonation’ in magistrates court – Local Government Lawyer

‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’

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Local Government Lawyer, 7th February 2018

Source: www.localgovernmentlawyer.co.uk

Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law – UK Constitutional Law Association

Posted January 23rd, 2018 in appeals, local government, news, planning, Supreme Court by sally

‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’

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UK Constitutional Law Association, 22nd January 2018

Source: ukconstitutionallaw.org

Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 16th, 2018 in appeals, energy, news, planning by sally

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

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Local Government Lawyer, 15th January 2018

Source: www.localgovernmentlawyer.co.uk

Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 15th, 2018 in appeals, energy, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

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Local Government Lawyer, 15th January 2018

Source: localgovernmentlawyer.co.uk

Law Pod UK Ep. 19: The High Court rules on a planning authority decision – 1 COR

Posted January 4th, 2018 in historic buildings, local government, news, planning by sally

‘Rosalind English talks to Charlotte Gilmartin about the implications of a recent High Court ruling overturning Hackney council’s decision to allow permission to demolish part of a historic canal side building.’

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Law Pod UK, 21st December 2017

Source: audioboom.com

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

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UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Judge upholds demolition of rectory and replacement with modern home – Local Government Lawyer

Posted December 20th, 2017 in news, planning by sally

‘A High Court judge has upheld a decision by a council’s development committee to approve plans to demolish a rectory and replace it with a modern home.’

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Local Government Lawyer, 20th December 2017

Source: www.localgovernmentlawyer.co.uk

Council secures fines for planning company over wilful obstruction of officers – Local Government Lawyer

Posted December 11th, 2017 in fines, local government, news, planning by sally

‘A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.’

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Local Government Lawyer, 11th December 2017

Source: www.localgovernmentlawyer.co.uk

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

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