Conditions can only be imposed if found to be necessary – Local Government Lawyer

Posted March 28th, 2024 in consent orders, news, parking, planning, retrospectivity by tracey

‘Gregory Jones KC analyses a recent case involving the application of the Blue Pencil Rule on a consent order.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

This site is not available. Try again later. – Local Government Lawyer

Posted March 28th, 2024 in local government, news, planning by tracey

‘At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Shedding light on solar farm capacity – Local Government Lawyer

Posted March 25th, 2024 in amendments, energy, judicial review, local government, news, planning by tracey

‘Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

Solar Farm planning permission quashed on efficiency and land take – 39 Essex Chambers

‘The High Court has quashed the planning permission and a non-material amendment, for a solar farm at Burnhope, County Durham.’

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39 Essex Chambers, 26th February 2024

Source: www.39essex.com

Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building

‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’

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Francis Taylor Building, 29th February 2024

Source: www.ftbchambers.co.uk

Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by tracey

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

UK housebuilders investigated over possible information-sharing – The Guardian

Posted February 26th, 2024 in competition, housing, local government, news, ombudsmen, planning by tracey

‘The UK competition watchdog has opened an investigation into eight housebuilders after evidence they may be sharing commercially sensitive information.’

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The Guardian, 26th February 2024

Source: www.theguardian.com

Exchange of Land – Local Government Lawyer

Posted February 23rd, 2024 in commons, judicial review, local government, news, planning by michael

‘Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.’

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Local Government Lawyer, 23rd February 2024

Source: www.localgovernmentlawyer.co.uk

Campaigners lose another challenge over Stonehenge tunnel plan – The Independent

Posted February 20th, 2024 in environmental protection, monuments, news, planning, roads by tracey

‘Campaigners have lost a High Court challenge over renewed plans to build a road tunnel near Stonehenge.’

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The Independent, 19th February 2024

Source: www.independent.co.uk

When does a caravan remain a “caravan”? – Local Government Lawyer

Posted February 19th, 2024 in enforcement notices, local government, news, planning by tracey

‘An inspector recently upheld an enforcement notice for a Lake District caravan. Stephanie Bruce-Smith explains why.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by tracey

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Hillside in practice – Local Government Lawyer

Posted January 30th, 2024 in housing, local government, news, planning, Supreme Court, Wales by tracey

‘Megan Forbes analyses a recent High Court case that has provided guidance on the practical implications of the Supreme Court’s Hillside decision.’

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Local Government Lawyer, 26th January 2024

Source: www.localgovernmentlawyer.co.uk

Onshore wind policy in England subject to legal challenge – OUT-LAW.com

Posted January 29th, 2024 in climate change, energy, government departments, judicial review, news, planning by sally

‘The UK government’s decision to omit onshore wind projects from the types of energy infrastructure projects that can generally be considered as ‘nationally significant infrastructure projects’ (NSIPs) under planning policy applicable in England is subject to a new legal challenge.’

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OUT-LAW.com, 26th January 2024

Source: www.pinsentmasons.com

Accommodating asylum seekers: some recent planning law cases – Local Government Lawyer

Posted January 23rd, 2024 in asylum, housing, local government, news, planning by tracey

‘The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.’

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Local Government Lawyer, 19th January 2024

Source: www.localgovernmentlawyer.co.uk

Ruling confirms conditions for planning permission severability – OUT-LAW.com

Posted January 22nd, 2024 in local government, news, planning by tracey

‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

Judge dismisses challenge to planning permission for school redevelopment amid noise concerns – Local Government Lawyer

Posted January 19th, 2024 in judicial review, local government, news, noise, planning, school children by sally

‘Residents who claimed councillors at the Royal Borough of Kensington and Chelsea were given “significantly misleading” advice from a planning officer before approving planning permission for the redevelopment of a site for a school have failed in a judicial review bid of the decision.’

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Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

London council estate resident wins battle over misuse of planning law – The Guardian

Posted January 18th, 2024 in housing, judicial review, local government, news, planning by sally

‘A woman who fought the gentrification of the south London council estate that has been her home for 30 years has won a high court battle against the local authority for its misuse of planning law.’

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The Guardian, 17th January 2024

Source: www.theguardian.com

Planning Inspectorate to stop accepting comments on appeals via email in bid to “streamline” process – Local Government Lawyer

Posted January 17th, 2024 in appeals, electronic mail, enforcement, local government, news, planning by sally

‘The Planning Inspectorate has said it will stop accepting comments on planning and enforcement appeals via email in order to streamline the process both for the inspectorate and local planning authorities.’

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Local Government Lawyer, 17th January 2024

Source: www.localgovernmentlawyer.co.uk

Gas drilling at site in Jeremy Hunt’s Surrey constituency given green light – The Guardian

‘Gas drilling at a site in the Surrey Hills can go ahead after the court of appeal ruled that no further attempts to stop the project could be brought to court.’

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The Guardian, 9th January 2023

Source: www.theguardian.com

Judicial review launched over planning inspector decision to allow oil drilling operation in Lincolnshire – Local Government Lawyer

Posted January 4th, 2024 in judicial review, local government, news, oil wells, planning by sally

‘A planning inspector’s decision to overturn Lincolnshire County Council’s refusal of permission for further oil drilling in a village has been subject to a judicial review application.’

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Local Government Lawyer, 3rd January 2024

Source: www.localgovernmentlawyer.co.uk