Planning, Environment & Property Newsletter – 39 Essex Chambers
Planning, Environment & Property Newsletter (PDF)
39 Essex Chambers, February 2016+
Source: www.39essex.com
Category: planning
Regina (Orbital Shopping Park Swindon Ltd) v Swindon Borough Council – WLR Daily
Regina (Orbital Shopping Park Swindon Ltd) v Swindon Borough Council: [2016] EWHC 448 (Admin)
‘The claimant submitted two separate planning applications to the defendant: one for the installation of a mezzanine floor at its property; and the other for external works to the property, which created no additional floor space. The defendant granted planning permission for both applications, informing the claimant that the mezzanine installation was development liable to a community infrastructure levy (“CIL”). The defendant’s view was that the development proposals fell within the scope of the meaning of development for CIL purposes due to the direct link between the two applications for the mezzanine and external alterations. The defendant, as the relevant CIL collecting authority, subsequently issued a CIL liability notice under regulation 65 of the Community Infrastructure Levy Regulations 2010 in relation to the installation of a mezzanine floor and external alterations at the claimant’s property, and a demand notice under regulation 69 of the 2010 Regulations in respect of the same development. By a judicial review claim the claimant challenged the lawfulness of the defendant’s act in issuing the two notices on the grounds that the mezzanine planning permission fell within the exemption created by regulation 6(1)(c) and that the external planning permission created no floor space and so was not liable to a CIL.’
WLR daily, 3rd March 2016
Source: www.iclr.co.uk
Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com
‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’
OUT-LAW.com, 1st March 2016
Source: www.out-law.com
Planning inspector was entitled to accept developer’s housing figures over local plan numbers, High Court rules – OUT-LAW.com
‘The High Court has ruled that a planning inspector was not wrong to find that the housing supply figures in a council’s local plan were out of date and to accept alternative figures put forward by a developer as the basis for calculating the housing supply position for the purposes of a planning appeal.’
OUT-LAW.com, 23rd February 2016
Source: www.out-law.com
Ombudsman criticises council for lack of transparency in planning decision – Local Government Lawyer
‘The Local Government Ombudsman has criticised a council after members of its planning committee approved an application against an officer’s recommendation but failed to give reasons for doing so.’
Local Government Lawyer, 18th February 2016
Source: www.localgovernmentlawyer.co.uk
District council wins Planning Court appeal over permission for 103-dwelling scheme – Local Government Lawyer
‘A district council has won a Planning Court appeal after an inspector granted outline permission for a 103-dwelling development.’
Local Government Lawyer, 18th February 2016
Source: www.localgovernmentlawyer.co.uk
UK government considers allowing increased planning fees where councils perform well – OUT-LAW.com
‘Communities secretary Greg Clark has announced that he will consult on whether to reward good performance by certain council planning teams with the opportunity to increase their planning application fees.’
OUT-LAW.com, 16th February 2016
Source: www.out-law.com
New planning guidance emphasises importance of housing evidence to neighbourhood planning – OUT-LAW.com
‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’
OUT-LAW.com, 16 February 2016
Source: www.out-law.com
London taxi drivers lose high court challenge to cycle superhighway – The Guardian
‘Cabbies have lost a high court challenge that could have disrupted completion of London’s £47m flagship east-west cycle superhighway.’
The Guardian, 10th February 2016
Source: www.guardian.co.uk
Transgender couple win council payout for defamation – Daily Telegraph
‘A transgender couple who claim local villagers subjected them to a campaign of harassment won damages from the council after defamatory comments were published on its website.’
Daily Telegraph, 8th February 2016
Source: www.telegraph.co.uk
District council defeats judicial review challenge over neighbourhood plan – Local Government Lawyer
‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
Full story
Local Government Lawyer, 26th January 2016
Source: www.localgovernmentlawyer.co.uk
Diplomats use Vienna Convention to fight London basement digout – Daily Telegraph
‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’
Daily Telegraph, 9th January 2016
Source: www.telegraph.co.uk
Regina (Sienkiewicz) v South Somerset District Council – WLR Daily
Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553
‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’
WLR Daily, 17th December 2015
Source: www.iclr.co.uk
Housing bill will do nothing for many of those in need of a decent home – The Guardian
‘New housing legislation fails to address the problem of affordable rented housing, and there may be little that we in the House of Lords can do to improve it.’
The Guardian, 5th January 2016
Source: www.guardian.co.uk
Council wins Planning Court battle over former home of Sir Arthur Conan Doyle – Local Government Lawyer
‘A High Court judge has dismissed a judicial review challenge to a council’s grant of planning permission for a change of use to the house where Sherlock Holmes author Sir Arthur Conan Doyle wrote The Hound of the Baskervilles.’
Local Government Lawyer, 4th January 2016
Source: www.localgovernmentlawyer.co.uk
Borough council uses ASB and planning laws to secure traveller injunction – Local Government Lawyer
‘Blackpool Council has secured a High Court injunction – pursuant to Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and Section 187B of the Town and Country Planning Act 1990 – stopping 13 named travellers from setting up unauthorised encampments in the borough. The council said it was believed to be the first time in the country that a local authority had used the 2014 Act along with Section 187B of the TCPA to secure an injunction against illegal travellers.’
Local Government Lawyer, 17th December 2015
Source: www.localgovernmentlawyer.co.uk
Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily
‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily
‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’
WLR Daily, 8th December 2015
Source: www.iclr.co.uk
Automatic Permission for Housing on Brownfield Sites – No. 5 Chambers
‘The National Planning Policy Framework’s paragraph 17 lists 12 core land-use planning principles, including “encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value”. Within Green Belts its paragraph 89 lists six circumstances where the construction of new buildings is not inappropriate, including “… the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development”. Its paragraph 111 states, “Planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value. Local planning authorities may continue to consider the case for setting a locally appropriate target for the use of brownfield land.”’
No. 5 Chambers, 1st December 2015
Source: www.no5.com
Dudley Muslim Association v Dudley MBC – Hardwicke Chambers
‘Amanda Eilledge explores the availability of public law defences and promissory estoppel in the context of a contract for the sale of land following the decision in Dudley Muslim Association v Dudley MBC [2015] EWCA Civ 1123.’
Hardwicke Chambers, 9th December 2015
Source: www.hardwicke.co.uk
