‘The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework.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.’
Local Government Lawyer, 11th September 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
5SAH, 24th August 2020
Source: www.5sah.co.uk
‘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.’
Guildhall Chambers, 25th August 2020
Source: www.guildhallchambers.co.uk
‘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.’
Local Government Lawyer, 26th August 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 13th August 2020
Source: www.localgovernmentlawyer.co.uk
‘“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.’
The Guardian, 6th August 2020
Source: www.theguardian.com
‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’
The Guardian, 31st July 2020
Source: www.theguardian.com
‘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.’
Tanfield Chambers, 17th July 2020
Source: www.tanfieldchambers.co.uk
‘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.” ’
No. 5 Chambers, 21st July 2020
Source: www.no5.com
‘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.’
Local Government Lawyer, 27th July 2020
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’
Local Government Lawyer, 23rd July 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 23rd July 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
No. 5 Chambers, 8th July 2020
Source: www.no5.com
‘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.’
No. 5 Chambers, 30th June 2020
Source: www.no5.com
‘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.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘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.’
Falcon Chambers, 29th June 2020
Source: www.falcon-chambers.com
‘The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.’
Local Government Lawyer, 6th July 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
No. 5 Chambers, 19th June 2020
Source: www.no5.com
‘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.’
Francis Taylor Building, 19th June 2020
Source: www.ftbchambers.co.uk
‘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.’
Local Government Lawyer, 25th June 2020
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2020