High Court judge quashes planning permission over appearance of bias – Local Government Lawyer

Posted October 15th, 2015 in appeals, bias, housing, local government, news, planning by sally

‘A High Court judge has quashed the grant of outline planning permission for a residential development in Wiltshire over the appearance of bias.’
Full story

Local Government Lawyer, 13th October 2015

Source: www.localgovernmentlawyer.co.uk

Planning Policy Under the New Government – a briefing – Six Pump Court

Posted October 6th, 2015 in housing, local government, news, planning by sally

‘At a Westminster Briefing event entitled ‘Planning Policy under the new Government’ on 29th September, William Upton outlined the planning reforms currently underway and the direction of the new government’s planning policy.’

Full story

Six Pump Court, 6th October 2015

Source: www.www.6pumpcourt.co.uk

Judge rejects bid for JR over impact of regeneration scheme on bats – Local Government Lawyer

Posted September 29th, 2015 in animals, environmental protection, local government, news, planning by sally

‘A High Court judge has refused to grant permission for a judicial review challenge ­to the grant of planning permission for a major regeneration project over its impact on bats.’

Full story

Local Government Lawyer, 25th September 2015

Source: www.localgovernmentlawyer.co.uk

Settled Gypsies could be forced back on to the road by new planning laws – The Independent

Posted September 21st, 2015 in equality, news, planning, travellers by sally

‘Gypsies and Travellers across Britain will be driven off sites they have made their home by new planning laws requiring them to prove that they are still itinerant. The move could cause a large increase in the number of unauthorised roadside camps, and force many families – including the infirm and those with children in school – on to the road against their will.’

Full story

The Independent, 19th September 2015

Source: www.independent.co.uk

Planning, Environment and Property Newsletter – 39 Essex Chambers

Posted September 4th, 2015 in compulsory purchase, energy, environmental protection, housing, news, planning by sally

Planning, Environment and Property Newsletter (PDF)

39 Essex Chambers, July 2015

Source: www.39essex.com

Judge quashes decision by Pickles refusing permission for gypsy site – Local Government Lawyer

Posted August 26th, 2015 in inquiries, ministers' powers and duties, news, planning, travellers by sally

‘A High Court judge has quashed a decision by the former Communities Secretary Eric Pickles to refuse planning permission for a site where a gypsy and his family have lived since 2008.’

Full story

Local Government Lawyer, 25th August 2015

Source: www.localgovernmentlawyer.co.uk

Regina (West Berkshire District Council and another) v Department for Communities and Local Government – WLR Daily

Posted August 21st, 2015 in consultations, housing, judicial review, law reports, local government, planning by sally

Regina (West Berkshire District Council and another) v Department for Communities and Local Government[2015] EWHC 2222 (Admin); [2015] WLR (D) 367

‘The Government’s decision, announced by way of written ministerial statement and effected by amending National Planning Practice Guidance, to make alterations to the national policy for the provision of affordable housing, was unlawful.’

WLR Daily, 3rd July 2015

Source: www.iclr.co.uk

High Court dismisses wind turbine challenge, but variable height condition unlawful – OUT-LAW.com

Posted August 20th, 2015 in energy, local government, news, planning by sally

‘A planning condition allowing the height of a new wind turbine to be increased with the approval of the local authority must be “severed” from the otherwise lawful planning permission, the High Court has ruled.’

Full story

OUT-LAW.com, 19th August 2015

Source: www.out-law.com

Owner who ‘ripped out layers of history’ from listed house must pay £300,000 – The Guardian

Posted August 19th, 2015 in costs, fines, listed buildings, news, planning by sally

‘A property developer who illegally modernised the historic building behind the hymn All Things Bright and Beautiful has been told by a judge to pay out £300,000 or go to jail.’

Full story

The Guardian, 18th August 2015

Source: www.guardian.co.uk

Inspector misinterpreted policy allowing “reasonable expansion” of business in midlands green belt, High Court rules – OUT-LAW.com

Posted August 14th, 2015 in environmental protection, interpretation, local government, news, planning by tracey

‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’

Full story

OUT-LAW.com, 11th August 2015

Source: www.out-law.com

Court overturns relaxed planning requirements for smaller English housing sites – OUT-LAW.com

Posted August 10th, 2015 in appeals, codes of practice, equality, housing, local government, news, planning by sally

‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’

Full story

OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Councils win battle over threshold on developments and s.106 agreements – Local Government Lawyer

Posted August 7th, 2015 in housing, local government, news, planning by tracey

‘Two councils have won a High Court challenge over Government proposals for a threshold on the size of developments beneath which planning authorities should not seek affordable housing contributions through section 106 agreements.’

Full story

Local Government Lawyer, 3rd August 2015

Source: www.localgovernmentlawyer.co.uk

IM Properties Development Ltd v Lichfield District Council – WLR Daily

Posted July 30th, 2015 in law reports, local government, planning by sally

IM Properties Development Ltd v Lichfield District Council [2015] EWHC 2077 (Admin); [2015] WLR (D) 328

‘Changes of substance could be made to a local plan following recommendations by an inspector pursuant to section 20(7)–(7C) of the Planning and Compulsory Purchase Act 2004.’

WLR Daily, 20th July 2015

Source: www.iclr.co.uk

Regina (Champion) v North Norfolk District Council and another – WLR Daily

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

London borough defeats High Court challenge to basement policy – Local Government Lawyer

Posted July 28th, 2015 in local government, London, news, planning by sally

‘The Royal Borough of Kensington & Chelsea has fought off a High Court challenge to its revised basement policy.’

Full story

Local Government Lawyer, 27th July 2015

Source: www.localgovernmentlawyer.co.uk

The ABCs of ACVs – Hardwicke Chambers

Posted July 28th, 2015 in listed buildings, local government, news, planning by sally

‘As of eight weeks ago, visitors to Maida Vale have one less pub to drink in. That’s because in April, overzealous developers bulldozed The Carlton Tavern public house to the ground. Local residents can breathe a sigh of relief, however, for the pub is going to be rebuilt brick by brick – such is the punishment meted out to the developers for bulldozing the pub in violation of planning rules. View the report on the BBC website. ‘

Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers

Posted July 28th, 2015 in crime, listed buildings, local government, news, planning, prosecutions by sally

‘There are three principal weapons in the local authority armoury to tackle breaches of planning control in respect of listed buildings: (i) criminal prosecution (ii) listed building enforcement notice and (iii) injunction pursuant to section 44A (1) of the Listed Buildings Act 1990. They are not mutually incompatible. Criminal prosecution can be pursued alongside service of an enforcement notice or injunctive proceedings.’

Full story

No. 5 Chambers, 2nd July 2015

Source: www.no5.com

Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

Full story

Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

Developer ordered to rebuild historic pub after demolishing it without planning permission – Daily Telegraph

Posted July 23rd, 2015 in construction industry, local government, news, planning by sally

‘Udhyam Amin was accused of trying to get planning permission ‘by the back door’ after pulling down the Alchemist pub in Battersea.’

Full story

Daily Telegraph, 23rd July 2015

Source: www.telegraph.co.uk