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

Revocation orders, compensation and judicial review – Local Government Lawyer

Posted August 23rd, 2021 in compensation, housing, judicial review, local government, news, planning by tracey

‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’

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Local Government Lawyer, 20th August 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

High court victory for Stonehenge campaigners as tunnel is ruled unlawful – The Guardian

‘Campaigners including archaeologists, environmental groups and druids have won a high court battle to prevent a controversial road project that includes a tunnel near Stonehenge.’

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The Guardian, 30th July 2021

Source: www.theguardian.com

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

‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’

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UKSC Blog, 21st July 2021

Source: ukscblog.com

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs – Local Government Lawyer

‘The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.’

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Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

Perils of going against officer advice – Law Society’s Gazette

‘Skiing off-piste is dangerous. Reasons include instability of snow, hidden rocks and cliff edges and inaccessibility. Similarly, if local authority planning committee members go ‘off-piste’ in determining an issue against officer recommendations, without giving intelligible and adequate reasons for doing so, their decision risks a fatal crash in the High Court. So on 21 May 2021 Mrs Justice Tipples quashed planning consent given by Cornwall County Council for the development of a detached two-storey agricultural dwelling with garage and parking in the Rame Head area of outstanding natural beauty (AONB) against officer recommendations. This was because the council ‘was under a common law duty to give reasons for the grant of planning permission’ and it was ‘a case where the defects in reasons go to the heart of the justification for permission and undermine its validity.’ The case in question was R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin).’

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Law Society's Gazette, 19th July 2021

Source: www.lawgazette.co.uk

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings – Local Government Lawyer

‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

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