Indirect effects and environmental impact assessment – Local Government Lawyer

‘In Finch the Court of Appeal has declined to define significant indirect effects for environmental impact assessment (EIA). Barristers at Cornerstone Barristers consider the ruling.’

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Local Government Lawyer, 4th March 2022

Source: www.localgovernmentlawyer.co.uk

Neighbourhood plans and draft Local Plan allocation – Local Government Lawyer

Posted March 7th, 2022 in housing, judicial review, local government, news, planning by sally

‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’

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Local Government Lawyer, 4th March 2022

Source: www.localgovernmentlawyer.co.uk

Scottish law firm can be sued for negligence in England – Legal Futures

‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’

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Legal Futures, 4th March 2022

Source: www.legalfutures.co.uk

English appeal court rules on assessment of indirect emissions in consent applications – OUT-LAW.com

‘Applications for planning permission for projects in England and Wales will need to provide “utmost clarity” on their potential indirect environmental impacts in the wake of a new court judgment.’

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OUT-LAW.com, 1st March 2022

Source: www.pinsentmasons.com

UK wildlife campaigners call for legal right to access nature for all – The Guardian

Posted February 21st, 2022 in environmental health, equality, health, local government, news, planning, statistics by sally

‘Everyone in the UK should be legally entitled to equal access to nature, wildlife campaigners will tell the government.’

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The Guardian, 21st February 2022

Source: www.theguardian.com

Planning Court judge issues ruling on prior approval and upward extensions – Local Government Lawyer

Posted February 10th, 2022 in local government, news, planning, statutory interpretation by sally

‘The High Court has ruled against claimants in three cases involving how widely a local authority can consider planning matters when dealing with a request for prior approval under the Town and Country Planning (General Permitted Development) (England) Order 2015.’

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Local Government Lawyer, 10th February 2022

Source: www.localgovernmentlawyer.co.uk

Election Court dismisses challenge to election result over statements in leaflet – Local Government Lawyer

Posted February 3rd, 2022 in elections, local government, mistake, news, planning by sally

‘A Labour councillor in Hartlepool has successfully defended an election petition brought by a defeated opponent who said he had been the victim of a false claim.’

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Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives permission for judicial review over impact of development on diversity and character of Brick Lane area – Local Government Lawyer

Posted February 1st, 2022 in diversity, judicial review, news, planning by sally

‘Campaigners have secured permission for a judicial review challenge over Tower Hamlets Council’s grant of planning permission for a new office building on Brick Lane.’

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Local Government Lawyer, 31st January 2022

Source: www.localgovernmentlawyer.co.uk

Listing assets of community value – Local Government Lawyer

Posted January 28th, 2022 in assets of community value, housing, local government, news, planning by sally

‘The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Asset of Community Value – Local Government Law

Posted January 26th, 2022 in assets of community value, housing, local government, news, planning by sally

‘In R (TV Harrison CIC) v Leeds City Council (2022) EWHC 130 (Admin) the claimant community interest company challenged the decision of the City Council to refuse to include the claimant’s Land in the list of Land in its area that is of community value that is maintained under Section 87(1) of the Localism Act 2011. The Land is described as a longstanding sports field and has recently been restored. However, the City Council seeks to proceed with a housing development. “Land of community value” is defined by Section 88 of the Act. Section 88(1)(b) is concerned with future use.’

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Local Government Law, 25th January 2022

Source: local-government-law.11kbw.com

Contested heritage – A review of the Church of England guidance – Law & Religion UK

‘In a guest post, Trevor Cooper, of the Historic Religious Buildings Alliance, looks at the issues surrounding “contested heritage”.’

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Law & Religion UK, 21st January 2022

Source: lawandreligionuk.com

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by sally

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

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OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Planning enforcement orders and mixed use – Local Government Lawyer

Posted January 24th, 2022 in enforcement, housing, local government, news, planning by sally

‘The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.’

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Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments – Local Government Lawyer

Posted January 13th, 2022 in judicial review, local government, news, planning, roads by sally

‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’

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Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case on planning conditions and dedication of highways – Local Government Lawyer

Posted January 11th, 2022 in appeals, local government, news, planning, road safety, roads, Supreme Court by sally

‘The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Jeremy Clarkson Diddly Squat Farm restaurant refused permission – BBC News

‘A planned new restaurant for TV personality Jeremy Clarkson’s Oxfordshire farm has been refused permission.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Homeowner who poisoned protected tree that overlooked his house ordered to pay £80,000 – The Independent

Posted December 17th, 2021 in criminal damage, fines, housing, news, planning, trees by michael

‘A homeowner has been ordered to pay £80,000 for using a deadly herbicide to poison a protected tree that was overlooking his home.’

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The Independent, 17th December 2021

Source: www.independent.co.uk

Judge rejects claim planning committee failed to grasp “intellectual nettle” of previous decision – Local Government Lawyer

Posted December 9th, 2021 in local government, news, planning by sally

‘Chelmsford City Council’s planning committee did not commit itself to give consent for a housing development when it indicated support but deferred its decision, the High Court has found.’

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Local Government Lawyer, 9th December 2021

Source: www.localgovernmentlawyer.co.uk

Council loses High Court battle over whether private way was a “road” under Road Traffic Regulation Act – Local Government Lawyer

Posted December 7th, 2021 in local government, news, planning, road traffic, roads by sally

‘Isle of Wight Council’s decision that a privately owned way in Ryde was not a “road” for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk