Category: planning

Resident wins judicial review challenge over decision on siting of radio masts – Local Government Lawyer

Posted February 21st, 2018 in judicial review, news, planning, telecommunications by tracey

‘A London borough wrongly interpreted the General Permitted Development Order on the siting of radio masts, the High Court has said. Granting an application for judicial review brought by local resident Nigel Mawbey, Lang J said the London Borough of Lewisham had been wrong when it gave permission to Cornerstone Telecommunications Infrastructure to erect the masts.’

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Local Government Lawyer, 20th February 2018

Source: www.localgovernmentlawyer.co.uk

Judge quashes grant of permission for holiday park over failure to give reasons – Local Government Lawyer

Posted February 19th, 2018 in appeals, areas of outstanding natural beauty, environmental protection, news, planning, reasons by sally

‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 19th February 2018

Source: www.localgovernmentlawyer.co.uk

Couple fined for using fake garage door to hide house in Leicester – The Guardian

Posted February 13th, 2018 in costs, fines, news, planning by sally

‘A couple have been fined after using a fake garage door and high fence to hide a residential property from a council.’

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The Guardian, 12th February 2018

Source: www.theguardian.com

Planning policy consultation to finally begin a year after Government housing paper was published – Daily Telegraph

Posted February 12th, 2018 in construction industry, consultations, housing, news, planning by tracey

‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’

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Daily Telegraph, 12th February 2018

Source: www.telegraph.co.uk

Judges reject appeal by planning defendant over ‘impersonation’ in magistrates court – Local Government Lawyer

Posted February 9th, 2018 in abuse of process, confiscation, enforcement notices, fines, impersonation, news, planning by tracey

‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’

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Local Government Lawyer, 7th February 2018

Source: www.localgovernmentlawyer.co.uk

Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law – UK Constitutional Law Association

Posted January 23rd, 2018 in appeals, local government, news, planning, Supreme Court by sally

‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’

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UK Constitutional Law Association, 22nd January 2018

Source: ukconstitutionallaw.org

Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 16th, 2018 in appeals, energy, fracking, news, planning by sally

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

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Local Government Lawyer, 15th January 2018

Source: www.localgovernmentlawyer.co.uk

Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 15th, 2018 in appeals, energy, environmental protection, fracking, local government, news, planning by tracey

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

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Local Government Lawyer, 15th January 2018

Source: localgovernmentlawyer.co.uk

Law Pod UK Ep. 19: The High Court rules on a planning authority decision – 1 COR

Posted January 4th, 2018 in historic buildings, local government, news, planning by sally

‘Rosalind English talks to Charlotte Gilmartin about the implications of a recent High Court ruling overturning Hackney council’s decision to allow permission to demolish part of a historic canal side building.’

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Law Pod UK, 21st December 2017

Source: audioboom.com

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

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UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Judge upholds demolition of rectory and replacement with modern home – Local Government Lawyer

Posted December 20th, 2017 in news, planning by sally

‘A High Court judge has upheld a decision by a council’s development committee to approve plans to demolish a rectory and replace it with a modern home.’

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Local Government Lawyer, 20th December 2017

Source: www.localgovernmentlawyer.co.uk

Council secures fines for planning company over wilful obstruction of officers – Local Government Lawyer

Posted December 11th, 2017 in fines, local government, news, planning by sally

‘A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.’

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Local Government Lawyer, 11th December 2017

Source: www.localgovernmentlawyer.co.uk

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

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

Environmental Law News Update – Six Pump Court

Posted December 8th, 2017 in agriculture, consultations, enforcement, environmental protection, news, planning by sally

‘In this latest Environmental Law News Update Christopher Badger and Charles Morgan consider the Environment Agency’s consultation on a new Enforcement and Sanctions Policy, an inquiry into Green Finance by the Environmental Audit Committee and new farming rules for water.’

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Six Pump Court, 4th December 2017

Source: www.6pumpcourt.co.uk

Supreme Court rejects appeal by council over reasons for planning decision – Local Government Lawyer

Posted December 7th, 2017 in appeals, areas of outstanding natural beauty, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Challenge over land in neighbourhood plan out of time, High Court rules – Local Government Lawyer

Posted December 5th, 2017 in local government, news, planning, time limits by tracey

‘An objection to including land within a neighbourhood plan boundary cannot be taken to judicial review out of time, Kerr J has ruled in the High Court.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer

Posted December 4th, 2017 in footpaths, judicial review, legislation, local government, news, planning, rights of way by sally

‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’

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Local Government Lawyer, 1st December 2017

Source: www.localgovernmentlawyer.co.uk

Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer

Posted December 1st, 2017 in housing, local government, news, planning by tracey

‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’

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Local Government Lawyer, 30th November 2017

Source: localgovernmentlawyer.co.uk

Simplify planning laws in Wales to create new homes – Law Commission

Posted December 1st, 2017 in housing, planning, press releases, Wales by tracey

‘A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.’

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Law Commission, 30th November 2017

Source: www.lawcom.gov.uk/

Re-consultation for planning applications: how to do it – Charlotte Gilmartin – UK Human Rights Blog

Posted November 28th, 2017 in consultations, local government, news, planning by sally

‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com