The NPPF and “out-of-date” – Local Government Lawyer

Posted September 11th, 2020 in appeals, housing, interpretation, local government, news, planning by tracey

‘The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.’

Full Story

Local Government Lawyer, 11th September 2020

Source: www.localgovernmentlawyer.co.uk

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

Full Story

5SAH, 24th August 2020

Source: www.5sah.co.uk

A Conflict at the Heart of the Planning White Paper (And Some Skateboarding References)- Guildhall Chambers

‘Whilst much could be (and most of it has already been) written about the Government’s recent white paper on planning, two things struck me in particular.

First, how generous of Whitehall to offer such fertile ground to article-writing lawyers and other commentators searching for occupation during Covid-enforced idleness. There is only so much nourishment available via Zoom, and anyway, in terms of professional development, thanks to my planning bar colleagues and their prodigious supply of webinars (manifestly exceeding the need, whether assessed on a 5 year supply, standardised, or any other basis of your choice) all of us now know literally everything about the current policy and legislative regime that there is to know. Or at least, most of us do. Others have employed the unexpected gift of time more imaginatively: my two young sons and I, for example, are on the verge of perfecting the Frontside 180, which I reckon isn’t at all bad for three pre-lockdown non-skateboarders.’

Full Story

Guildhall Chambers, 25th August 2020

Source: www.guildhallchambers.co.uk

Developer wins High Court battle over refusal of permission for 100-home site – Local Government Lawyer

Posted August 27th, 2020 in housing, inquiries, news, planning by sally

‘Developer Wainhomes (North-West) has won a High Court case against the Secretary of State for Housing, Communities and Local Government over housebuilding in the area of South Ribble Borough Council.’

Full Story

Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge remits Leeds site allocations plan to inspectors for reconsideration – Local Government Lawyer

Posted August 17th, 2020 in government departments, housing, local government, news, planning by sally

‘The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.’

Full Story

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Race to the bottom: reform to planning system in England could be catastrophic – The Guardian

Posted August 6th, 2020 in housing, news, planning by sally

‘“More good quality, attractive and affordable homes faster.” According to the housing secretary, Robert Jenrick, that is the main aim of his “complete overhaul” of the English planning system, announced on Thursday. Yet there is precious little evidence that any of the new measures could lead to higher quality, more attractive or more affordable homes. Instead, the proposals look set to deliver the exact opposite.’

Full Story

The Guardian, 6th August 2020

Source: www.theguardian.com

Chris Packham loses appeal against HS2 rail project – The Guardian

‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’

Full Story

The Guardian, 31st July 2020

Source: www.theguardian.com

Rees v Windsor- Clive Rees v Windsor-Clive (as Trustees of the St Fagan’s No 1 and No 2 Trusts) [2020] EWCA Civ 816 – Tanfield Chambers

‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’

Full Story

Tanfield Chambers, 17th July 2020

Source: www.tanfieldchambers.co.uk

A right to cross-examine? The current position – No. 5 Chambers

Posted July 30th, 2020 in appeals, cross-examination, news, planning by sally

‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:

“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’

Full Story

No. 5 Chambers, 21st July 2020

Source: www.no5.com

Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer

Posted July 28th, 2020 in appeals, confiscation, fines, news, planning by sally

‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’

Full Story

Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

Judge rejects calls for recusal in planning case amid accusations of bias – Local Government Lawyer

Posted July 27th, 2020 in bias, injunctions, judges, local government, news, planning, recusal by sally

‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’

Full Story

Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Developer loses High Court battle over planning consent after council admitted failure to give adequate reasons – Local Government Lawyer

Posted July 27th, 2020 in local government, news, planning by sally

‘Bath and North East Somerset Council should have given adequate reasons when it allowed a development against officer’s recommendations, the High Court has found.’

Full Story

Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal on: tilted balance, settlement boundaries and standard method – No. 5 Chambers

Posted July 10th, 2020 in appeals, boundaries, chambers articles, local government, news, planning by sally

‘Oxton Farm had unsuccessfully sought judicial review of the decision of Harrogate Borough Council (the Council) to grant outline planning permission for 21 new homes and a village shop in Bickerton, North Yorkshire in September 2018 and appealed the judgment of the High Court to the Court of Appeal.’

Full Story

No. 5 Chambers, 8th July 2020

Source: www.no5.com

The Client Earth/Drax Case – No. 5 Chambers

‘This case is a High Court challenge by statutory judicial review to the Secretary of State’s decision to grant a development consent order for the construction and operation of two gas-fired generating units at an existing coal-fired power station site in Yorkshire. The decision was contrary to the recommendation of her examining Panel. The challenge was unsuccessful largely because the Panel itself had made an error which the Secretary of State declined to follow. The Panel had misinterpreted national policy on the assessment of “need” for the development and the Secretary of State had been entitled to conclude that that need outweighed the substantial adverse environmental impacts of the proposed development.’

Full Story

No. 5 Chambers, 30th June 2020

Source: www.no5.com

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

Full Story

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

Full Story

Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

High Court to hold hearings on encampment injunctions this month – Local Government Lawyer

Posted July 7th, 2020 in injunctions, local government, news, planning, travellers by sally

‘The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.’

Full Story

Local Government Lawyer, 6th July 2020

Source: www.localgovernmentlawyer.co.uk

Discontinuing or settling a claim? Lawyers Beware – No. 5 Chambers

‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’

Full Story

No. 5 Chambers, 19th June 2020

Source: www.no5.com

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application – Francis Taylor Building

‘The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.’

Full Story

Francis Taylor Building, 19th June 2020

Source: www.ftbchambers.co.uk

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

Full Story

Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk