Category: planning

Kensington Forum Judicial Review Succeeds: High Court Quashes Permission for Tallest Building in Kensington after Mayor Forced to Admit the Decision was Taken for an Improper Purpose – Francis Taylor Building

Posted March 24th, 2020 in appeals, judicial review, local government, London, news, planning by sally

‘On 21 June 2019, the Mayor of London granted planning permission for a significant and controversial development, on land at the Kensington Forum Hotel, 97-109 Cromwell Road, London, SW7 4DN. The scheme, designed by Simpson Haugh, included a 30 storey tower, which would have been the tallest in Kensington, and provided a 749 bed hotel and 402 residential units in South Kensington. However, following a judicial review brought by the Royal Borough of Kensington and Chelsea, the High Court has quashed the planning permission, after the Mayor of London conceded that the decision to grant the permission was motivated by an improper purpose; namely frustrating the Secretary of State for Housing Communities and Local Government.’

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Francis Taylor Building, 16th March 2020

Source: www.ftbchambers.co.uk

Appeal judge hits out at “all-too-prevalent attitude” that in judicial review applications it is always possible to “have another go” – Local Government Lawyer

Posted March 12th, 2020 in judicial review, news, planning by sally

‘A Court of Appeal judge has criticised the way a case was brought that sought to challenge a ruling over a development in Wakefield.’

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Local Government Lawyer, 12th March 2020

Source: www.localgovernmentlawyer.co.uk

Judge rejects call by developer for summary judgment in dispute over s106 agreement and second planning permission – Local Government Lawyer

Posted March 10th, 2020 in contracts, interpretation, news, planning, summary judgments by sally

‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’

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Local Government Lawyer, 9th March 2020

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear case over whether 18th century lead urns were ‘buildings’ for purposes of listed building consent – Local Government Lawyer

Posted March 10th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘The Supreme Court will this week hear a dispute over whether a pair of 18th century lead urns resting on limestone piers were “buildings” on an application for listed building consent.’

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Local Government Lawyer, 9th March 2020

Source: www.localgovernmentlawyer.co.uk

The role of judicial review applications in the CIL regime – Local Government Lawyer

Posted March 6th, 2020 in appeals, dispute resolution, judicial review, local government, news, planning by sally

‘A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.’

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Local Government Lawyer , 6th March 2020

Source: www.localgovernmentlawyer.co.uk

CA declares Heathrow expansion decision unlawful on climate change grounds – UK Human Rights Blog

Posted March 4th, 2020 in airports, appeals, climate change, environmental protection, news, planning by sally

‘Airport expansion has taken a long and winding road, not least at Heathrow. But the proponents of the 3rd runway at Heathrow would have been heartened by the Secretary of State’s decision in June 2018 to set out a policy which preferred Heathrow over Gatwick and which was designed to steer planning processes thereafter in support of the new runway.’

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UK Human Rights Blog, 27th February 2020

Source: ukhumanrightsblog.com

Climate campaigners win Heathrow expansion case – BBC News

Posted February 27th, 2020 in airports, climate change, environmental protection, news, planning by sally

‘Controversial plans for a third runway at Heathrow Airport have been thrown into doubt after a court ruling.’

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BBC News, 27th February 2020

Source: www.bbc.co.uk

Heathrow expansion faces threat from climate case – BBC News

Posted February 27th, 2020 in airports, appeals, climate change, environmental protection, news, planning by sally

‘The Court of Appeal is set to make a ruling over Heathrow’s expansion in a case described by green groups as massively significant. Judges will decide whether Heathrow’s expansion plans took into account climate change commitments.’

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BBC News, 27th February 2020

Source: www.bbc.co.uk

High Court grants permission for planning judicial review challenge over alleged Equality Act breach – Local Government Lawyer

Posted February 24th, 2020 in age discrimination, elderly, equality, housing, judicial review, local government, news, planning by sally

‘A High Court judge has granted permission for a planning judicial review challenge in part over an alleged breach of the public sector equality duty, Landmark Chambers has reported.’

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Local Government Lawyer, 21st February 2020

Source: www.localgovernmentlawyer.co.uk

Planning Appeal Decision: Top 5 Lessons – No. 5 Chambers

Posted February 19th, 2020 in appeals, chambers articles, local government, news, planning by sally

‘The statistics are against allowed appeals at the moment. Positive decisions from PINS on housing appeals are down. Appeals are failing in particular on heritage related matters. It is therefore critical in my view to neutralise as many issues as early as possible. And to be clear about the real focus from the outset. This appeal had ‘a full house’ when it came to an array of concerns, and some were heard through a round-table forum, making it hard to test assertions, particularly from members of the public.’

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No. 5 Chambers, 17th February 2020

Source: www.no5.com

Luton Council pursues judicial review of neighbouring council’s link road approval – Local Government Lawyer

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

‘Luton Council is to bring a judicial review of Central Bedfordshire Council’s decision to approve an application for a new link road after it says local plan examination inspectors’ letters calling the plan into question were not properly considered.’

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Local Government Lawyer, 17th February 2020

Source: www.localgovernmentlawyer.co.uk

Actual Use, Lawful Use and Ancillary Use – when designating Assets of Community Value – Exchange Chambers

Posted February 17th, 2020 in agriculture, appeals, assets of community value, chambers articles, local government, news, planning by sally

‘Towards the end of last year, the General Regulatory Chamber of the First-Tier Tribunal (‘FTT’) determined an appeal by the owner of a 46-acre greenfield site against the decision of the local authority, Winchester City Council, to list the land as an Asset of Community Value (‘ACV’).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy – Exchange Chambers

Posted February 17th, 2020 in appeals, chambers articles, environmental protection, interpretation, local government, news, planning, Supreme Court by sally

‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (2) – the relationship to restrictive covenants – Exchange Chambers

Posted February 17th, 2020 in chambers articles, change of use, housing, landlord & tenant, local government, news, planning, restrictive covenants, tribunals by sally

‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (1) – payphone kiosks and advertisements – Exchange Chambers

Posted February 17th, 2020 in advertising, appeals, chambers articles, local government, news, planning, telecommunications by sally

‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Beauty, Trees and Zoning – Exchange Chambers

Posted February 14th, 2020 in brexit, chambers articles, climate change, environmental protection, housing, local government, news, planning by sally

‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Power to Amend a Proposals Map – to correct a manifest error – Exchange Chambers

Posted February 14th, 2020 in chambers articles, environmental protection, local government, news, planning by sally

‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Use (and Abuse) of Section 73 – Exchange Chambers

Posted February 14th, 2020 in appeals, chambers articles, energy, jurisdiction, local government, news, planning by sally

‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Adjacent flats: a new installation for Tate Modern? – UK Human Rights Blog

Posted February 14th, 2020 in appeals, housing, injunctions, news, nuisance, planning by sally

‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project – Local Government Lawyer

Posted February 11th, 2020 in airports, judicial review, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk