Defendant landlord ordered to pay £52k+ after squashing three flats into basement without planning permission – Local Government Lawyer

Posted January 31st, 2023 in costs, fines, landlord & tenant, news, planning by tracey

‘A landlord who put three flats into the basement of one of his properties in Camberwell has been ordered to pay more than £52,000 in illegal gains, fines and costs.’

Full Story

Local Government Lawyer, 30th January 2023

Source: www.localgovernmentlawyer.co.uk

The CIL appeal in Braithwaite – Local Government Lawyer

Posted January 20th, 2023 in appeals, housing, local government, news, notification, planning by tracey

‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’

Full Story

Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

Accommodating asylum seekers: legal issues arising from the use of hotel accommodation – Local Government Lawyer

‘The Home Office’s policy of placing asylum seekers in hotels and hostels has given rise to a number of legal issues for local authorities. Dean Underwood and Jack Barber detail the areas of concern.’

Full Story

Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer

‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’

Full Story

Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Council loses Supreme Court appeal over planning conditions and dedication of land as public highway – Local Government Lawyer

Posted December 16th, 2022 in appeals, local government, news, planning, roads, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by Swindon Borough Council in a dispute over whether it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway.’

Full Story

Local Government Lawyer, 14th December 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: R (Day) v Shropshire Council (heard 7th December 2022) – UKSC Blog

Posted December 14th, 2022 in appeals, judicial review, local government, news, planning, Supreme Court by sally

‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’

Full Story

UKSC Blog, 12th December 2022

Source: ukscblog.com

Nine in ten councils report backlog in planning enforcement cases amid 43% drop in spending on planning as a whole – Local Government Lawyer

Posted November 29th, 2022 in delay, enforcement, local government, news, planning, reports, statistics by sally

‘A £364m reduction in yearly local authority spending on planning has led to “major challenges in resourcing, skills and performance” for planning authorities, new research has revealed.’

Full Story

Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer

Posted November 21st, 2022 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’

Full Story

Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

High Court refuses to extend interim injunctions stopping hotels from accommodating asylum seekers – Local Government Lawyer

‘A High Court judge has refused to extend ‘without notice’ interim injunctions obtained by Ipswich Borough Council and East Riding of Yorkshire Council that blocked the acccommodation of asylum seekers in local hotels.’

Full Story

Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Clangers: LPAs and duties of care – Local Government Lawyer

Posted November 11th, 2022 in causation, damages, duty of care, local government, negligence, news, planning by tracey

‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’

Full Story

Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge quashes planning permission for apparent bias, finds monitoring officer “went wrong in law” – Local Government Lawyer

Posted November 11th, 2022 in bias, codes of practice, local government, news, planning by tracey

‘A High Court judge has quashed a district council’s grant of planning permission for the erection of five self-contained buildings to store and facilitate construction of carnival floats, after finding that the permission was vitiated by apparent bias on the part of two councillors.’

Full Story

Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Councils in court over hotels housing asylum seekers – BBC News

Posted November 10th, 2022 in asylum, change of use, hotels, injunctions, local government, news, planning by sally

‘Lawyers for two councils have urged the High Court to block the Home Office’s contractors from using large hotels to house asylum seekers, claiming the schemes break planning laws and harm communities.’

Full Story

BBC News, 9th November 2022

Source: www.bbc.co.uk

Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

Full Story

Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

Full Story

OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

A challenge of planning judgment – Local Government Lawyer

Posted November 4th, 2022 in environmental protection, local government, news, planning by tracey

‘The High Court decision in dismissing a challenge against the grant of permission for development in an Area of Outstanding Natural Beauty (AONB) has helpfully underlined hurdles to interfering with the merits of controversial decisions, writes Megan Forbes.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’

Full Story

Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

Full Story

Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

Full Story

Six Pump Court, 10th October 2022

Source: 6pumpcourt.co.uk

High Court to hear judicial review of Local Plan brought by parish council in attempt to block construction of 27 dwellings – Local Government Lawyer

Posted October 18th, 2022 in housing, judicial review, local government, news, planning by sally

‘The High Court will this week hear a judicial review brought by Norton St Philip Parish Council which argues that Mendip District Council’s decision to follow the recommendations of a planning inspector and approve a Local Plan was unlawful.’

Full Story

Local Government Lawyer, 17th October 2022

Source: www.localgovernmentlawyer.co.uk

Mere delicacy or fastidiousness? – Nearly Legal

Posted September 20th, 2022 in damages, news, nuisance, planning by tracey

‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’

Full Story

Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk