Asset of Community Value – Local Government Law

Posted January 26th, 2022 in assets of community value, housing, local government, news, planning by sally

‘In R (TV Harrison CIC) v Leeds City Council (2022) EWHC 130 (Admin) the claimant community interest company challenged the decision of the City Council to refuse to include the claimant’s Land in the list of Land in its area that is of community value that is maintained under Section 87(1) of the Localism Act 2011. The Land is described as a longstanding sports field and has recently been restored. However, the City Council seeks to proceed with a housing development. “Land of community value” is defined by Section 88 of the Act. Section 88(1)(b) is concerned with future use.’

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Local Government Law, 25th January 2022

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

Contested heritage – A review of the Church of England guidance – Law & Religion UK

‘In a guest post, Trevor Cooper, of the Historic Religious Buildings Alliance, looks at the issues surrounding “contested heritage”.’

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Law & Religion UK, 21st January 2022

Source: lawandreligionuk.com

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by tracey

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

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OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Planning enforcement orders and mixed use – Local Government Lawyer

Posted January 24th, 2022 in enforcement, housing, local government, news, planning by tracey

‘The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.’

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Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments – Local Government Lawyer

Posted January 13th, 2022 in judicial review, local government, news, planning, roads by tracey

‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’

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Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case on planning conditions and dedication of highways – Local Government Lawyer

Posted January 11th, 2022 in appeals, local government, news, planning, road safety, roads, Supreme Court by tracey

‘The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Jeremy Clarkson Diddly Squat Farm restaurant refused permission – BBC News

‘A planned new restaurant for TV personality Jeremy Clarkson’s Oxfordshire farm has been refused permission.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Homeowner who poisoned protected tree that overlooked his house ordered to pay £80,000 – The Independent

Posted December 17th, 2021 in criminal damage, fines, housing, news, planning, trees by michael

‘A homeowner has been ordered to pay £80,000 for using a deadly herbicide to poison a protected tree that was overlooking his home.’

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The Independent, 17th December 2021

Source: www.independent.co.uk

Judge rejects claim planning committee failed to grasp “intellectual nettle” of previous decision – Local Government Lawyer

Posted December 9th, 2021 in local government, news, planning by sally

‘Chelmsford City Council’s planning committee did not commit itself to give consent for a housing development when it indicated support but deferred its decision, the High Court has found.’

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Local Government Lawyer, 9th December 2021

Source: www.localgovernmentlawyer.co.uk

Council loses High Court battle over whether private way was a “road” under Road Traffic Regulation Act – Local Government Lawyer

Posted December 7th, 2021 in local government, news, planning, road traffic, roads by sally

‘Isle of Wight Council’s decision that a privately owned way in Ryde was not a “road” for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk

Owners of flats near Tate Modern take privacy case to supreme court – The Guardian

Posted December 6th, 2021 in appeals, housing, news, nuisance, planning, privacy, Supreme Court by sally

‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’

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The Guardian, 6th December 2021

Source: www.theguardian.com

Man-shed miscalculated – Local Government Lawyer

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil – Local Government Lawyer

‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’

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Local Government Lawyer, 16th November 2021

Source: www.localgovernmentlawyer.co.uk

Landowner jailed after breach of injunction prohibiting development in woodland – Local Government Lawyer

Posted November 2nd, 2021 in environmental protection, injunctions, news, planning, sentencing, trees by sally

‘A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.’

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Local Government Lawyer, 1st November 2021

Source: www.localgovernmentlawyer.co.uk

Progressing interim injunctions – Local Government Lawyer

Posted October 29th, 2021 in injunctions, local government, news, planning by tracey

‘A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against “persons unknown”. Roderick Morton looks at the challenges faced by local authorities.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

Council loses High Court battle over taking into account of past over-supply of housing – Local Government Lawyer

Posted October 22nd, 2021 in housing, interpretation, local government, news, planning by sally

‘The National Planning Policy Framework (NPPF) is silent on whether an earlier oversupply of housing can affect a council’s future five-years land supply for homes.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Interim and final injunctions: the differences – Local Government Lawyer

‘Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Another month, another immunity case. Another question ducked by the court? – Local Government Lawyer

Posted September 13th, 2021 in appeals, enforcement notices, housing, immunity, local government, news, planning by tracey

‘Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant’s appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.’

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Local Government Lawyer, 10th September 2021

Source: www.localgovernmentlawyer.co.uk

Government poised to water down ‘radical and necessary’ overhaul of England’s planning system, report suggests – The Independent

Posted September 13th, 2021 in bills, government departments, housing, local government, news, planning, political parties by tracey

‘The government is poised to abandon key elements of its “radical and necessary” overhaul of England’s planning laws – which ministers argued would “help us build the homes our country desperately needs” – following a backlash from Tory MPs and voters in the south, according to a report.’

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The Independent, 11th September 2021

Source: www.independent.co.uk