Supreme Court rates on redevelopment decision will be welcomed by developers, experts say – OUT-LAW.com

Posted March 8th, 2017 in news, planning, rates, Supreme Court, valuation by sally

‘Developers will welcome the Supreme Court’s decision to reduce the rateable value of unoccupied office space undergoing substantial redevelopment works, according to property law experts at Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 6th March 2017

Source: www.out-law.com

Villagers defeat Historic England and parish council in row about poppy wreath holders to honour war dead – Daily Telegraph

Posted March 7th, 2017 in historic buildings, local government, news, planning, war by sally

‘Villagers have defeated Historic England following a row about honouring their war dead, as a Church judge ruled they can use a wreath holder to display poppies all year round.’

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Daily Telegraph, 6th March 2017

Source: www.telegraph.co.uk

New costs cap regime in force for environmental cases – OUT-LAW.com

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

Thinking about reasons again – UK Human Rights Blog

Posted February 22nd, 2017 in local government, news, planning, reasons by sally

‘There is, I am glad to say, an insistence these days in the Court of Appeal that the giving of proper reasons is a necessary part of what can be expected of a planning authority when it grants permission: see my post here for a case last year.’

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UK Human Rights Blog, 21st February 2017

Source: www.ukhumanrightsblog.com

Reasons – Local Government Law

Posted February 21st, 2017 in appeals, local government, news, planning, sport by sally

‘The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a football stadium capable of seating three thousand people. The proposed construction is in the outskirts of Sawston in Cambridgeshire, on land which is part of the Green Belt. The application for planning permission was not only for the erection of the ground, together with associated training and parking facilities, but also for the creation of a partially floodlit recreational ground which would be gifted to the Sawston Parish Council for community use.’

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Local Government Law, 17th February 2017

Source: www.11kbw.com/blogs/local-government-law

Appeal judges quash football stadium permission over failure to give reasons – Local Government Lawyer

Posted February 17th, 2017 in local government, news, planning, reasons by sally

‘The Court of Appeal has quashed a council’s grant of planning permission for a new football stadium over the failure of its planning committee to give reasons for its decision.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

Government to tweak planning laws to solve housing crisis – The Independent

Posted February 7th, 2017 in housing, local government, news, planning by sally

‘The Government is to outline a series of tweaks to planning laws it says will help solve the housing shortage.’

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The Independent, 7th February 2017

Source: www.independent.co.uk

Councils fail in bid to challenge decision over third runway at Heathrow – Local Government Lawyer

Posted January 31st, 2017 in airports, civil procedure rules, local government, news, planning, pollution by sally

‘A High Court judge has rejected a judicial review challenge brought by four local authorities over the Transport Secretary’s decision to back a third runway at Heathrow Airport.’

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Local Government Lawyer, 30th January 2017

Source: www.localgovernmentlawyer.co.uk

Council defeats challenge over decision not to take enforcement action at quarry – Local Government Lawyer

‘Cornwall Council has successfully defended a High Court challenge to its decision not to take enforcement action in respect of unauthorised development at a quarry in the Cornwall Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 27th January 2017

Source: www.localgovernmentlawyer.co.uk

English Heritage faces High Court battle over plans to dig underneath medieval tower to add visitor centre – Daily Telegraph

Posted January 30th, 2017 in judicial review, listed buildings, local government, news, planning by sally

‘English Heritage is facing a High Court battle over plans to dig underneath a medieval tower to add a visitor centre.’

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Daily Telegraph, 28th January 2017

Source: www.telegraph.co.uk

Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog

Posted January 27th, 2017 in civil procedure rules, costs, judicial review, news, nuisance, planning by sally

‘In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

Expect more neighbourhood plan challenges in 2017, says expert, as parish council plan fails examination – OUT-LAW.com

Posted January 9th, 2017 in local government, news, planning by sally

‘An increasing number of neighbourhood plans will fail the independent examination stage in 2017, while those that do proceed to referendum could face additional legal challenges, an expert has predicted.’

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OUT-LAW.com, 5th January 2017

Source: www.out-law.com

High Court rules fracking can go ahead in North Yorkshire – BBC News

Posted December 20th, 2016 in energy, environmental protection, fracking, news, planning by sally

‘Anti-fracking campaigners have lost their legal challenge to a decision to allow fracking to take place in North Yorkshire.’

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BBC News, 20th December 2016

Source: www.bbc.co.uk

Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Protection of heritage assets not necessarily incompatible with tall buildings, experts say – OUT-LAW.com

Posted December 13th, 2016 in historic buildings, London, news, planning by sally

‘The City of London Corporation’s decision to grant planning permission to the 73-storey 1 Undershaft building has reignited the debate over how best to protect the capital’s heritage assets.’

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OUT-LAW.com, 12th December 2016

Source: www.out-law.com

Judge quashes permission in basement and permitted development rights case – Local Government Lawyer

Posted December 9th, 2016 in building law, interpretation, local government, London, news, planning by sally

‘A judge has quashed the London Borough of Camden’s grant of planning permission for a basement extension, deciding that the planning committee misdirected itself over the volume of associated engineering works.’

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Local Government Lawyer, 6th December 2016

Source: www.localgovernmentlawyer.co.uk

Blow to basement-builders as judge rules specific planning permission is needed – Daily Telegraph

Posted December 5th, 2016 in building law, news, planning by sally

‘Homeowners who want to expand their basements may now be forced to seek specific planning permission after a High Court ruling.’

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Daily Telegraph, 2nd December 2016

Source: www.telegraph.co.uk

High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers

Posted December 1st, 2016 in appeals, housing, news, planning by sally

‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’

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No. 5 Chambers, 18th November 2016

Source: www.no5.com

Local Plans – Local Government Law

Posted November 25th, 2016 in local government, news, planning by sally

‘East Staffordshire BC v SoS for CLG [2016] EWHC 2973 (Admin) raised an issue about the scope and effect of paragraph [14] of the National Planning Policy Framework (“NPPF”) on the presumption in favour of the grant of planning approval to sustainable developments which are consistent with Local Plans.’

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Local Government Law, 23rd November 2016

Source: www.11kbw.com/blogs/local-government-law

Old development plans – Local Government Law

Posted November 25th, 2016 in local government, news, planning by sally

‘Should planning policies be given reduced weight on account of their age? No, says the Court of Appeal in Gladman Developments Ltd v Daventry District Council (2016) EWCA Civ 1146.’

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Local Government Law, 24th November 2016

Source: www.11kbw.com/blogs/local-government-law