‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’
Local Government Lawyer, 5th February 2014
Source: www.localgovernmentlawyer.co.uk
‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’
BBC News, 3rd February 2014
Source: www.bbc.co.uk
In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24
‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’
WLR Daily, 9th January 2014
Source: www.iclr.co.uk
‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’
Local Government Lawyer, 15th January 2014
Source: www.localgovernmentlawyer.co.uk
Regina (Evans) v Cornwall Council [2013] EWHC 4109 (Admin); [2013] WLR (D) 510
‘The determination of whether prior approval was required for the development of agricultural buildings under the Town and Country Planning (General Permitted Development) Order 1995 required a summary assessment and the principles relating to applications for planning permission under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 were not material considerations for that purpose. Furthermore, the National Planning Policy Framework guidance was inapposite in such cases, and section 66(1) of the Planning (Listing Buildings and Conservation Areas) Act 1990 and the case law thereunder was of no application.’
WLR Daily, 20th December 2014
Source: www.iclr.co.uk
‘The Government’s procedure in deciding which areas to exempt from recently introduced permitted development rights allowing offices to be transformed into homes without planning permission was fair, a High Court judge has decided.’
OUT-LAW.com, 6th January 2014
Source: www.out-law.com
‘An inspector who used housing supply figures from the now revoked East of
England Plan as a reason for refusing an appeal for development in the green
belt in St Albans acted in error, the Court of Appeal has ruled.’
OUT-LAW.com, 16th December 2013
Source: www.out-law.com
‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’
Local Government Lawyer, 13th December 2013
Source: www.localgovernmentlawyer.co.uk
‘The Government will protect land which is subject to certain statutory development orders from applications for registration as a town or village green (TVG), it has confirmed.’
OUT-LAW.com, 12th December 2013
Source: www.out-law.com
“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”
OUT-LAW.com, 11th November 2013
Source: www.out-law.com
“A High Court judge yesterday granted permission to an application by Westminster City Council and English Heritage for a judicial review of the decision by the Secretary of State (SoS) not to call in proposals for a £800 million redevelopment of Elizabeth House near London’s Waterloo Station.”
OUT-LAW.com, 8th November 2013
Source: www.OUT-LAW.com
“Has Rahmdezfouli stemmed the march against formalism, asks Dan Bunting.”
Criminal Law and Justice Weekly, 2nd November 2013
Source: www.criminallawandjustice.co.uk
“A material change of use of Green Belt land was capable of falling within the scope of paragraph 81 of the National Planning Policy Framework (‘NPPF’), but would not by definition be appropriate development as a result. Rather, such a change of use would be a material consideration in determining whether there existed very special reasons for permitting otherwise inappropriate development falling outwith the terms of paragraphs 89 and 90 of the NPPF.”
WLR Daily, 26th October 2013
Source: www.iclr.co.uk
“One of proposals in the Ministry of Justice’s paper on Judicial Review: Proposals for Further Reform is the creation of a new specialist planning chamber as part of the Upper Tribunal. While planning tends to be thought of as a niche area of public law (and a technically dense one at that) the way in which the paper frames discussion should give public lawyers pause for thought. This is particularly when planning judicial reviews have often been cited by government representatives as examples of why reform is needed to judicial review. The Further Reforms paper is no exception – the only two ‘case studies’ (albeit no case names) given in the paper are of judicial review of planning decisions (p 5 and 6).”
UK Constitutional Law Group, 1st November 2013
Source: www.ukconstitutionallaw.org
“The Department for Communities and Local Government (DCLG) has published a list of planning regulations which will be improved or scrapped as part of its red tape challenge.”
OUT-LAW.com, 30th October 2013
Source: www.out-law.com
“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”
UK Human Rights Blog, 25th October 2013
Source: www.ukhumanrightsblog.com
“The High Court recently offered a useful starter pack in both planning and administrative law.”
Law Society’s Gazette, 28th October 2013
Source: www.lawgazette.co.uk
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