‘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.’
Local Government Lawyer, 15th January 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 15th January 2018
Source: localgovernmentlawyer.co.uk
‘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.’
Law Pod UK, 21st December 2017
Source: audioboom.com
‘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. ‘
UK Human Rights Blog, 20th December 2017
Source: ukhumanrightsblog.com
‘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.’
Local Government Lawyer, 20th December 2017
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 11th December 2017
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Law, 6th December 2017
Source: local-government-law.11kbw.com
‘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.’
Six Pump Court, 4th December 2017
Source: www.6pumpcourt.co.uk
‘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.’
Local Government Lawyer, 6th December 2017
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 4th December 2017
Source: localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 1st December 2017
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 30th November 2017
Source: localgovernmentlawyer.co.uk
‘A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.’
Law Commission, 30th November 2017
Source: www.lawcom.gov.uk/
‘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.’
UK Human Rights Blog, 28th November 2017
Source: ukhumanrightsblog.com
‘Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.’
Local Government Lawyer, November 2017
Source: www.localgovernmentlawyer.co.uk
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’
Law Society's Gazette, 20th November 2017
Source: www.lawgazette.co.uk
‘Gladman Developments v. SoS for Communities and Local Government, Interested Party:CPRE [2017] EWHC 2768 (Admin) 6 November 2017. An interesting example of how our planners must take air pollution concerns far more seriously in the light of the long-running ClientEarth litigation.’
UK Human Rights Blog, 13th November 2017
Source: ukhumanrightsblog.com
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