Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer

Posted July 28th, 2020 in appeals, confiscation, fines, news, planning by sally

‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’

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Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

Judge rejects calls for recusal in planning case amid accusations of bias – Local Government Lawyer

Posted July 27th, 2020 in bias, injunctions, judges, local government, news, planning, recusal by sally

‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Developer loses High Court battle over planning consent after council admitted failure to give adequate reasons – Local Government Lawyer

Posted July 27th, 2020 in local government, news, planning by sally

‘Bath and North East Somerset Council should have given adequate reasons when it allowed a development against officer’s recommendations, the High Court has found.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal on: tilted balance, settlement boundaries and standard method – No. 5 Chambers

Posted July 10th, 2020 in appeals, boundaries, chambers articles, local government, news, planning by sally

‘Oxton Farm had unsuccessfully sought judicial review of the decision of Harrogate Borough Council (the Council) to grant outline planning permission for 21 new homes and a village shop in Bickerton, North Yorkshire in September 2018 and appealed the judgment of the High Court to the Court of Appeal.’

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No. 5 Chambers, 8th July 2020

Source: www.no5.com

The Client Earth/Drax Case – No. 5 Chambers

‘This case is a High Court challenge by statutory judicial review to the Secretary of State’s decision to grant a development consent order for the construction and operation of two gas-fired generating units at an existing coal-fired power station site in Yorkshire. The decision was contrary to the recommendation of her examining Panel. The challenge was unsuccessful largely because the Panel itself had made an error which the Secretary of State declined to follow. The Panel had misinterpreted national policy on the assessment of “need” for the development and the Secretary of State had been entitled to conclude that that need outweighed the substantial adverse environmental impacts of the proposed development.’

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No. 5 Chambers, 30th June 2020

Source: www.no5.com

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

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Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

High Court to hold hearings on encampment injunctions this month – Local Government Lawyer

Posted July 7th, 2020 in injunctions, local government, news, planning, travellers by sally

‘The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.’

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Local Government Lawyer, 6th July 2020

Source: www.localgovernmentlawyer.co.uk

Discontinuing or settling a claim? Lawyers Beware – No. 5 Chambers

‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’

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No. 5 Chambers, 19th June 2020

Source: www.no5.com

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application – Francis Taylor Building

‘The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.’

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Francis Taylor Building, 19th June 2020

Source: www.ftbchambers.co.uk

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

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Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Judge declines to consider judicial review bid over inclusion of ‘informative’ in CLEUD – Local Government Lawyer

Posted June 19th, 2020 in judicial review, local government, news, planning by sally

‘A High Court judge has declined to hear a judicial review application concerning the inclusion of an “informative” into a certificate of lawfulness of existing use or development (“a CLEUD”).’

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Local Government Lawyer, 18th June 2020

Source: www.localgovernmentlawyer.co.uk

Sunday Trading and Outside Service of Food and Drink – 4-5 Gray’s Inn Square

Posted June 18th, 2020 in licensed premises, news, planning, Sunday trading by sally

‘On 6 June 2020, The Times reported plans to suspend Sunday trading laws for a year and give cafés and pubs fast-track approval to serve food and drink outside. Draft legislation is awaited. However, the likely changes are summarised below.’

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4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Case comment: Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 – UKSC Blog

Posted June 16th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘In this case comment, Stephen McNaught, Mark McMurray, Josh Risso-Gill and Gael Hardie, who all work within the planning team at CMS, comment on the decision recently handed down by the UK Supreme Court in the matter of Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20, which concerned “listed buildings”.’

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UKSC Blog, 12th June 2020

Source: ukscblog.com

Successful Legal Challenge to Leeds Site Allocations Plan – Landmark Chambers

Posted June 16th, 2020 in chambers articles, housing, news, planning, reasons by sally

‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’

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Landmark Chambers, 8th June 2020

Source: www.landmarkchambers.co.uk

Neighbourhood forum wins Planning Court challenge over Leeds site allocations plan and Green Belt land releases – Local Government Lawyer

Posted June 15th, 2020 in environmental protection, housing, local government, news, planning by sally

‘A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.’

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Local Government Lawyer, 11th

Source: www.localgovernmentlawyer.co.uk

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

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Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

UK housing prices and planning policy post corona virus pandemic – 33 Bedford Row

Posted June 5th, 2020 in chambers articles, coronavirus, housing, news, planning by sally

‘Over half the UK’s wealth is in property. That is more than £7 trillion in just England and Wales, of which around £1-1.5 trillion is secured by lending. The provision of sufficient housing of the right type, in the right places and at affordable prices is a perennial problem. A crisis existed before the Corona-19 virus appeared. The Secretary of State for Housing, Robert Jenrick, described this as an “acute housing need in this country” As we continue to work through lockdown, we must contemplate life afterwards. No-one has a crystal ball. However, mature thinking and past experience might illuminate possible pathways.’

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33 Bedford Row, 18th May 2020

Source: www.33bedfordrow.co.uk

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer

‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk