‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’
4-5 Gray's Inn Square, 29th May 2020
Source: www.4-5.co.uk
‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’
Francis Taylor Building, 22nd May 2020
Source: www.ftbchambers.co.uk
‘An application for the approval of reserved matters does not amount to a new application for planning permission.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’
Law Society's Gazette, 20th May 2020
Source: www.lawgazette.co.uk
‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’
UKSC Blog, 27th May 2020
Source: ukscblog.com
‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
‘Late on 12 May 2020, the Housing Secretary published a plan to re-start the housing market: https://www.gov.uk/government/news/housing-secretary-sets-out-plan-to-restart-housing-market. The measures are intended to support the economy and make progress in an industry where much been paused during the lockdown.’
4-5 Gray's Inn Square, 13th May 2020
Source: www.4-5.co.uk
‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’
Local Government Lawyer, 19th May 2020
Source: www.localgovernmentlawyer.co.uk
‘There has been a determined effort by Ministers and much of government to keep the planning system going during the coronavirus crisis. The ability to carry out development is one of the means of maintaining jobs and restoring the economy as the country comes out of lockdown.’
39 Essex Chambers, 14th May 2020
Source: www.39essex.com
‘The Mayor of London has failed in a challenge by statutory review to a decision of the Secretary of State for Housing, Communities and Local Government to allow an appeal by Harrow School against refusal of planning permission for a substantial development.’
Local Government Lawyer, 14th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.’
Local Government Lawyer, 13th May 2020
Source: www.localgovernmentlawyer.co.uk
‘A judge has rejected a developer’s claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.’
Local Government Lawyer, 14th May 2020
Source: www.localgovernmentlawyer.co.uk
‘In the recent case of T&P Real Estate Limited v The Mayor and Burgesses of the London Borough of Sutton [2020] EWHC 879 (Ch) Deputy Master Bowles described the background to the claim, and the application before him, as “…for a non-planner, not wholly straightforward”. In fairness, even for a planner, the subject matter of the claim is not uncomplicated involving as it did consideration of the interpretation, and effect of, an Article 4 Direction made in relation to the exercise of permitted development rights.’
No. 5 Chambers, 24th April 2020
Source: www.no5.com
‘Hampshire County Council has won an appeal over an inspector’s decision to deregister as common land an area where an airport is located.’
Local Government Lawyer, 23rd April 2020
Source: www.localgovernmentlawyer.co.uk
‘Campaigners have launched a legal challenge to try to prevent billions of pounds of taxpayers’ money being spent on a huge road-building programme, which they say breaches the UK’s legal commitments to tackle the climate crisis and air pollution.’
The Guardian, 21st April 2020
Source: www.theguardian.com
‘An Upper Tribunal judge has set aside a decision by a First-tier Tribunal (FTT) that upheld – after a freedom of information request – the withholding of an agent’s advice to a local authority on the tactics it should apply in negotiations with Tesco over a proposed development.’
Local Government Lawyer, 20th April 2020
Source: www.localgovernmentlawyer.co.uk
‘This article focuses on two of the many important issues – one under section 106 of the Town and Country Planning Act 1990 and the other under the Community Infrastructure Levy (“CIL”) regime – which are likely to arise in the residential development sector during the current lockdown and economic downturn. The first issue is early stage viability review mechanisms, which are designed to capture a share of any increased profitability, to be used for additional on-site affordable housing provision where implementation is delayed. The second issue is CIL liability notices under The Community Infrastructure Levy Regulations 2010, SI 2010/948.’
Radcliffe Chambers, 8th Aprill 2020
Source: radcliffechambers.com
‘Energy expert Thomas Muinzer and David Hart QC discuss the Climate Change Act, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions. This is even more topical, given the recent decision to go ahead HS2, despite the current lockdown.’
Law Pod UK, 17th April 2020
Source: audioboom.com
‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’
No. 5 Chambers, 8th April 2020
Source: www.no5.com
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