Group accuses London borough of religious discrimination in planning dispute – Local Government Lawyer

Posted June 15th, 2021 in equality, Islam, local government, news, planning, religious discrimination by sally

‘The London Borough of Barnet has been accused of breaching equalities legislation by a Muslim group in a planning case.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Delegating negotiation of s.106 agreements to officers – Local Government Lawyer

Posted June 14th, 2021 in appeals, housing, local government, news, planning by tracey

‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment – Local Government Lawyer

Posted June 3rd, 2021 in appeals, housing, local government, news, planning, ultra vires by sally

‘A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

Judge quashes planning permission for development of former hospital site over appraisal of relocation of 500-year-old tree – Local Government Lawyer

Posted May 25th, 2021 in hospitals, listed buildings, news, planning, trees by sally

‘A Planning Court judge has quashed Tower Hamlets Council’s grant of planning permission and listed building consent for residential development of the former London Chest Hospital.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word – Local Government Lawyer

Posted May 21st, 2021 in appeals, local government, news, planning, Supreme Court by tracey

‘Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Johnson’s planning laws an ‘utter disaster’, say countryside campaigners – The Guardian

‘A dramatic loosening of planning laws to create a housebuilding boom will damage local democracy and destroy swathes of countryside by granting property developers a freer hand to build over green fields, planning experts have warned.’

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The Guardian, 11th May 2021

Source: www.theguardian.com

High Court judge hands down ruling on lawful scope of statutory consultation response – Local Government Lawyer

Posted April 30th, 2021 in consultations, local government, news, planning, roads by tracey

‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Council refused permission to appeal High Court ruling on failure to comply with duty to cooperate – Local Government Lawyer

Posted April 19th, 2021 in appeals, local government, news, planning, statutory duty by tracey

‘Sevenoaks District Council has been refused permission to appeal a Planning Court ruling rejecting its legal challenge to a finding by a planning inspector that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990 – No. 5 Chambers

‘Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990) heard together, the High Court quashed an inspector’s decision to uphold an appeal against an enforcement notice and to grant planning permission. The TCPA 1990, s 289 challenge had been conceded in advance of the hearing, but the parties disagreed about whether the inspector’s decision should be quashed in its entirety as a consequence. Mrs Justice Lang allowed the TCPA 1990, s 288 challenge on the basis of failures in the inspector’s consideration of development plan policies, but said that she would have quashed the decision anyway.’

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No. 5 Chambers, 8th April 2021

Source: www.no5.com

New and repeat lessons from CIL appeal decisions – Local Government Lawyer

Posted April 1st, 2021 in appeals, delay, news, planning, regulations, service by tracey

‘The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.’

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Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

MPs launch inquiry into Government approach to permitted development rights – Local Government Lawyer

Posted March 25th, 2021 in housing, inquiries, local government, news, planning, select committees by sally

‘The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).’

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Local Government Lawyer, 24th March 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds length of sentences for planning breaches – Local Government Lawyer

Posted March 18th, 2021 in coronavirus, news, planning, sentencing, suspended sentences, travellers by sally

‘Eight people who committed repeated breaches of planning permission and court orders while trying to establish a site in Basildon have had their sentences confirmed after failing to convince the Court of Appeal that their punishments were too severe.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

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Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway – Pallant Chambers

Posted March 5th, 2021 in appeals, chambers articles, news, planning, roads, statutory interpretation by sally

‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’

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Pallant Chambers, 26th February 2021

Source: www.pallantchambers.co.uk

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer

‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

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The Guardian, 28th February 2021

Source: www.theguardian.com

‘No Go’ For Offshore Wind Farm DCO – Simon Randle and Vivienne Sedgley – 4-5 Gray’s Inn Square

Posted February 25th, 2021 in energy, environmental protection, news, offshore installations, planning by sally

‘A local resident has successfully challenged the Secretary of State’s development consent order (“DCO”) for one of the world’s largest offshore wind projects on the grounds that the cumulative landscape and visual impacts of both this Vanguard project and its “sister” Boreas project (for which a DCO decision is expected in April 2021) were not take into account.’

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4-5 Gray's Inn Square, 22nd February 2021

Source: www.4-5.co.uk

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer

Posted February 25th, 2021 in compulsory purchase, costs, local government, news, planning, tribunals by sally

‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk