‘“[T]here is force in the observation attributed to Václav Havel, no doubt informed by the dire experience of central Europe: “The Gipsies are a litmus test not of democracy but of civil society”.” So said Lord Bingham of Cornhill in the House of Lords in South Buckinghamshire DC v Porter (No 1).’
No. 5 Chambers, 18th December 2014
Source: www.no5.com
‘This was a judicial review of LB Enfield’s plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements.’
NearlyLegal, 3rd January 2014
Source: www.nearlylegal.co.uk
Regina (Larkfleet Homes Ltd) v Rutland County Council [2014] EWHC 4095 (Admin); [2014] WLR (D) 534
‘Section 17(7)(za) of the Planning and Compulsory Purchase Act 2004 and regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012 did not prevent the allocation of precise sites for particular development in a neighbourhood development plan.’
WLR Daily, 8th December 2014
Source: www.iclr.co.uk
‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’
WLR Daily, 9th December 2014
Source: www.iclr.co.uk
‘Campaigners have lost their latest legal challenge to the first phase of the proposed HS2 high-speed rail line.’
BBC News, 9th December 2014
Source: www.bbc.co.uk
‘In a report published today, the Law Commission is recommending reforms to the law governing rights to light that will strike a balance between the interests of landowners and the law’s recognition of the need for appropriate development.’
Law Commission, 4th December 2014
Source: www.lawcommission.justice.gov.uk
Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506
‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’
WLR Daily, 7th November 2014
Source: www.iclr.co.uk
‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’
UK Human Rights Blog, 1st December 2014
Source: www.ukhumanrightsblog.com
‘A High Court judge has refused to quash a decision to grant planning consent for 400 homes within the Surrey countryside, after deciding that a council was not misled by a planning officer’s mistaken advice.’
OUT-LAW.com, 26th November 2014
Source: www.out-law.com
‘The Freedom of Information Act and Environmental Information Regulations are the dominant statutory regimes for public transparency, but they are of course not the only ones. A good example is the regime under the Local Government Act 1972 (as amended), particularly sections 100A-K. Those provisions govern public access to local authority meetings, as well as the public availability of minutes, reports, background documents and so on for such meetings, subject to provisions for exempt information (Schedule 12A). A recent judgment of the Admin Court (Cranston J) in a planning matter, Joicey v Northumberland County Council [2014] EWHC 3657 (Admin) illustrates the importance of compliance with that regime for public access to information.’
Panopticon, 20th November 2014
Source: www.panopticonblog.com
‘A High Court judge has dismissed a challenge to Ealing Council’s approval of plans to redevelop the Oaks Shopping Centre in west London, after disagreeing with claims that the substitution of a councillor on the Council’s planning committee was unlawful.’
OUT-LAW.com, 19th November 2014
Source: www.out-law.com
‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’
Full story (PDF)
Thirty Nine Essex Street, September 2014
Source: www.39essex.com
‘Chris Young & James Corbet Burcher recently gave a talk titled ‘Love Thy Neighbour: An update on Neighbourhood plans’ at the No5 Chambers Annual Planning Review in London.’
No. 5 Chambers, 16th October 2014
Source: www.no5.com
‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’
Sports Law Bulletin from Blackstone Chambers, 13th November 2014
Source: www.sportslawbulletin.org
‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’
Local Government Lawyer, 11th November 2014
Source: www.localgovernmentlawyer.co.uk
‘An interesting decision about a Council not supplying some key information about a wind turbine project to the public until very late in the day. Can an objector apply to set the grant of permission aside? Answer: yes, unless the Council can show that it would have inevitably have come to the same conclusion, even if the information had been made public earlier.’
UK Human Rights Blog, 7th November 2014
Source: www.ukhumanrightsblog.com
‘Southwark Council has applied to the High Court to bring judicial review proceedings over ministers’ approval of plans for the so-called ‘super-sewer’ in London.’
Local Government Lawyer, 3rd November 2014
Source: www.localgovernmentlawyer.co.uk
‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’
WLR Daily, 24th October 2014
Source: www.iclr.co.uk
‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework (“NPPF”) meant only harm to the Green Belt.’
WLR Daily, 18th July 2014
Source: www.iclr.co.uk
‘The Government has defended its reforms to judicial review, saying it is “particularly keen to reduce the extent to which legal challenge unduly hinders economic development and regeneration”.’
Local Government Lawyer, 5th September 2014
Source: www.localgovernmentlawyer.co.uk
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