Needs, wants and principles – Law Society’s Gazette
“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
Category: planning
Landlord handed £75K confiscation order after admitting planning breaches – Local Government Lawyer
“A landlord who illegally split two houses into flats has been ordered to pay a London council £75,000 under the Proceeds of Crime Act.”
Local Government Lawyer, 23rd October 2013
Source: www.localgovernmentlawyer.co.uk
Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another – WLR Daily
“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”
WLR Daily, 21st October 2013
Source: www.iclr.co.uk
Collins v Secretary of State for Communities and Local Government and another – WLR Daily
“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”
WLR Daily, 9th October 2013
Source: www.iclr.co.uk
Bwlchyllan lake battle set to end after 20 years – BBC News
“A farmer is set to win a 20-year-long legal battle for planning permission for a large lake on his land.”
BBC News, 9th October 2013
Source: www.bbc.co.uk
First council-promoted Planning Act 2008 scheme survives judicial review – Local Government Lawyer
“A High Court judge has dismissed a judicial review challenge to the first scheme to be promoted by a local authority under the infrastructure planning and consenting regime contained in the Planning Act 2008.”
Local Government Lawyer, 4th October 2013
Source: www.localgovernmentlawyer.co.uk
Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog
“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
High Court quashes 116-home St Albans scheme refusal – OUT-LAW.com
“A Planning Inspector was wrong to use Regional Spatial Strategy (RSS) figures as a base for a Council’s projected housing need, a High Court judge has ruled.”
OUT-LAW.com, 9th September 2013
Source: www.out-law.com
Specialist planning court proposed to boost UK business – Ministry of Justice
“A specialist planning court has been proposed by Justice Secretary Chris Grayling to help ensure crucial development projects no longer get mired in unnecessary legal delay.”
Ministry of Justice, 6th September 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily
“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”
WLR Daily, 22nd August 2013
Source: www.iclr.co.uk
High Court ruling clouds tough line on relief from sanctions – Litigation Futures
“The new rule on relief from sanctions should not be applied so strictly that a refusal would be disproportionate and give the defendants an unjustified windfall, the High Court has ruled.”
Litigation Futures, 29th August 2013
Source: www.litigationfutures.com
Exclusive: UN ruling puts future of UK wind farms in jeopardy – The Independent
“Plans for future wind farms in Britain could be in jeopardy after a United Nations legal tribunal ruled that the UK Government acted illegally by denying the public decision-making powers over their approval and the ‘necessary information’ over their benefits or adverse effects.”
The Independent, 27th August 2013
Source: www.independent.co.uk
Landmark planning judgment holes golf course plan – Law Society’s Gazette
“Green-belt campaigners have successfully challenged a scheme to turn the former home of press baron Lord Beaverbrook into a hotel and golf course, with a judgment that ‘engages the fundamentals of planning law’.”
Law Society’s Gazette, 22nd August 2013
Surce: www.lawgazette.co.uk
Judge blocks attempts to open luxury golf course on Green Belt land in Surrey – The Independent
“A High Court judge has quashed planning permission for a golf course that had been marked for an ecologically sensitive Green Belt location despite there already being nearly 200 courses within 20 miles of the site.”
The Independent, 22nd August 2013
Source: www.independent.co.uk
Nudist spa with dungeon closed by planning rules – Daily Telegraph
“A nudist spa in a quiet Surrey village complete with a dungeon, pool and sauna has been ordered to close after a council ruled it breached planning laws.”
Daily Telegraph, 12th August 2013
Source: www.telegraph.co.uk
Councils to lose powers over high street planning under government proposal – The Guardian
“Town halls face losing significant powers over the future of their high streets under Whitehall plans to allow shops to be converted into homes without planning permission.”
The Guardian, 4th August 2013
Source: www.guardian.co.uk
Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily
“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Wind farm ban ruled out by ministers – Daily Telegraph
“Councils must not impose blanket bans on wind farms being built near houses, ministers have ruled, weeks after promising to stop the spread of unwanted turbines across the country.”
Daily Telegraph, 29th July 2013
Source: www.telegraph.co.uk
HS2 challenges fail but powerful dissent – UK Human Rights Blog
“HS2 is the proposed high speed rail link to Birmingham and beyond. Its opponents sought to challenge the decision to promote it by way of a hybrid Bill in Parliament, saying that the process as a whole breached the various EU rules, including the need for Strategic Environmental Assessment under the Strategic Environmental Assessment Directive 2001/42/EC and the Environmental Impact Assessment Directive 2011/92/EU.”
UK Human Rights Blog, 26th July 2013
Source: www.ukhumanrightsblog.com
High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com
“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”
OUT-LAW.com, 19th July 2013
Source: www.out-law.com
