‘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
Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366
‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’
Full story
OUT-LAW.com, 31st July 2014
Source: www.out-law.com
‘Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish, according to a report in Planning Magazine.’
OUT-LAW.com, 22nd July 2014
Source: www.out-law.com
‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’
NearlyLegal, 19th July 2014
Source: www.nearlylegal.co.uk
‘A High Court judge has upheld Reading Council’s decision to refuse consent for a plan to build a residential development on a site designated in local planning documents for a mixed-use scheme.’
OUT-LAW.com, 30th June 2014
Source: www.out-law.com
‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’
OUT-LAW.com, 27th June 2014
Source: www.out-law.com
Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269
‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Regina v Clayton [2014] EWCA Crim 1030; [2014] WLR (D) 231
‘Where there was information suggesting that an enforcement notice should not have been issued, a prosecution for breach of the notice was not open to challenge as an abuse of process because that would involve a challenge to the validity of the enforcement notice and such a challenge could be mounted only on appeal or by way of judicial review.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
Newham London Borough Council v Ali and others [2014] EWCA Civ 676; [2014] WLR (D) 223
‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’
Local Government Lawyer, 27th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’
Daily Telegraph, 26th May 2014
Source: www.telegraph.co.uk
‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’
Local Government Lawyer, 21st May 2014
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’
UK Human Rights Blog, 18th May 2014
Source: www.ukhumanrightsblog.co.uk
‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
‘A planning inspector’s approach to the policy requirements of the National Planning Policy Framework (NPPF) in relation to housing provision in a local plan was not correct or lawful, a High Court judge has ruled.’
OUT-LAW.com, 1st May 2014
Source: www.out-law.com
‘The first stage of the government’s reforms to judicial review – the creation of a Planning Court for England and Wales – has come into operation with the aim of speeding up the court process and reducing delays to hundreds of infrastructure projects.’
Litigation Futures, 22nd April 2014
Source: www.litigationfutures.com
‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
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