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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

Full Story

5SAH, 16th February 2021

Source: www.5sah.co.uk

Court of Appeal rejects challenge to application of ‘tilted balance’ by two councils – Local Government Lawyer

Posted February 11th, 2021 in interpretation, local government, news, planning, statutory duty by sally

‘The Court of Appeal has rejected a developer’s case that two councils misapplied the “tilted balance” in the National Planning Policy Framework (NPPF).’

Full Story

Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer

‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 4th February 2021

Source: www.localgovernmentlawyer.co.uk

BBC fined £28,000 for recording part of hearing of legal challenge to grant by county council of planning permission for fracking – Local Government Lawyer

‘The BBC has been fined £28,000 after it made a video and audio recording of a half day’s hearing in the Planning Court.’

Full Story

Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Council secures possession order evicting environmental protesters at development site – Local Government Lawyer

‘A High Court judge has granted the London Borough of Islington a possession order for a development site where protesters are occupying a copse scheduled for destruction.’

Full Story

Local Government Lawyer, 2nd February 2021

Source: www.localgovernmentlawyer.co.uk

Public open spaces and development – Local Government Lawyer

Posted February 1st, 2021 in appeals, housing, local government, news, parks, planning by tracey

‘The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.’

Full Story

Local Government Lawyer, 29th January 2021

Source: www.localgovernmentlawyer.co.uk

Case Preview: Protect Rural England (Kent) v Secretary of State for Communities and Local Government – UKSC Blog

Posted January 28th, 2021 in appeals, costs, government departments, local government, news, planning, Supreme Court by sally

‘On 28 January 2021 the Supreme Court will hear the appeal in Campaign to Protect Rural England (Kent) (Appellant) v. Secretary of State for Communities and Local Government (Respondent). The case concerns two issues. First, the extent to which a court can make an adverse costs order in favour of more than one defendant or interested party in a planning case, where permission to apply for statutory or judicial review is refused. Second, how the capping mechanism in the Aarhus Convention costs regime properly applies to cases in which permission is refused.’

Full Story

UKSC Blog, 27th January 2021

Source: ukscblog.com

UK plan to build 24,000 homes faces legal challenge – The Guardian

‘A plan to build more than 20,000 homes in rural Oxfordshire, championed by secretary of state for housing Robert Jenrick, is facing a legal challenge from residents who say it is incompatible with the government’s legally binding commitments to tackle the climate emergency.’

Full Story

The Guardian, 28th January 2021

Source: www.theguardian.com

Fishbourne Developments Limited v Stephens – Parklane Plowden Chambers

‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’

Full Story

Parklane Plowden Chambers, 18th January 2021

Source: www.parklaneplowden.co.uk

High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council) – No. 5 Chambers

Posted January 22nd, 2021 in abuse of process, appeals, chambers articles, housing, news, planning, striking out by sally

‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’

Full Story

No. 5 Chambers, 22nd January 2021

Source: www.no5.com

Council wins Court of Appeal battle over fate of land subject to statutory trust for recreational purposes – Local Government Lawyer

Posted January 8th, 2021 in appeals, local government, news, planning by tracey

‘Shropshire Council has won a case in the Court of Appeal over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

Full Story

Local Government Lawyer, 7th January 2021

Source: www.localgovernmentlawyer.co.uk

Divisional Court hands down ruling on requirements for charges under s. 179 TCPA – Local Government Lawyer

Posted January 7th, 2021 in drafting, enforcement notices, informations, local government, news, planning, Wales by tracey

‘A Welsh council has won an appeal to the Divisional Court over a ruling that informations it laid under s.179 of the Town and Country Planning Act 1990 were defective.’

Full Story

Local Government Lawyer, 6th January 2021

Source: www.localgovernmentlawyer.co.uk

Local authority secures compliance with High Court injunction to restore plot of land to open countryside – Local Government Lawyer

‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’

Full Story

Local Government Lawyer, January 2021

Source: www.localgovernmentlawyer.co.uk

Top UK court overturns block on Heathrow’s third runway – The Guardian

Posted December 17th, 2020 in airports, environmental protection, news, planning, Supreme Court by tracey

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

Full Story

The Guardian, 16th December 2020

Source: www.theguardian.com

Top UK court overturns block on Heathrow’s third runway – The Guardian

Posted December 16th, 2020 in airports, appeals, climate change, environmental protection, news, planning, Supreme Court by tracey

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

Full Story

The Guardian, 16th December 2020

Source: www.theguardian.com