‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’
No. 5 Chambers, 10th March 2014
Source: www.no5.com
‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
‘The Court of Appeal has upheld the High Court’s rejection of a judicial review challenge to the decision by Wycombe District Council to designate a smaller area as a Neighbourhood Area than the one applied for.’
OUT-LAW.com, 10th March 2014
Source: www.out-law.com
Regina (Freedman) v Wiltshire Council: [2014] EWHC 211 (Admin); [2014] WLR (D) 109
‘In determining an application for a certificate for lawful use, section 191(4) of the Town and Country Planning Act 1990 entitled a local planning authority, in principle, to substitute a description of a different use from that described in the application form by the certificate had been sought, provided that the authority was satisfied, on a balance of probability, that the evidence demonstrated that the use as substituted had been carried on continuously for a period of ten years or more.’
WLR Daily 6th February 2014
Source: www.iclr.co.uk
‘The law of private nuisance is the way of balancing the rights of neighours, the right to be noisy or smelly, and to be free of noise or smells. Hitherto it is has been explicitly a private law remedy, and has slightly odd rules. But it has been struggling with public interests for some years; are they irrelevant, or can they carry the day for claimant or defendant in a private nuisance claim?’
UK Human Rights Blog, 3rd March 2014
Source: www.ukhumanrightsblog.com
Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)
Supreme Court, 26th February 2014
‘An inspector was entitled to find that land subject to an application for registration as a village green had ceased to be used “as of right”, a High Court judge has found.’
OUT-LAW.com, 28th February 2014
Source: www.out-law.com
‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’
Daily Telegraph, 28th February 2014
Source: www.telegraph.co.uk
Regina v Ahmed (Mohammed Kamal) [2014] WLR (D) 85
‘Where breach of an enforcement notice alleged unlawful change of use rather than development without planning permission, it was not appropriate to charge an offence in contravention of section 181(5) of the Town and Country Planning Act 1990; the appropriate offence would be under section 179(2) of the 1990 Act.’
WLR Daily, 20th February 2014
Source: www.iclr.co.uk
‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’
Daily Telegraph, 19th February 2014
Source: www.telegraph.co.uk
‘The High Court is now to include a formally designated Planning Court and permission to apply will be required for section 288 applications against planning decisions in the latest government reforms to judicial review and related proceedings. Ministers have just published their response to the latest reform proposals and the Criminal Justice and Courts Bill 2014 proposing changes to judicial review.’
Thirty Nine Essex Street, February 2014
Source: www.39essex.com
‘Following recent announcements in the press, including a front page headline in The Times this week, the Government published the Criminal Justice and Courts Bill on Wednesday, 5 February 2014. Part 4 of the Bill contains a number of important changes to be introduced which seek, in the words of the Lord Chancellor, to prevent judicial review from being a “brake on growth”. However, whilst it has been reported in the national press that the proposals mean that only individuals or groups with a financial interest in a case will be able to bring a challenge, this is inaccurate. The Government originally proposed narrowing the test for standing so as to restrict the availability of judicial review to those with a “direct interest” but that proposal has now been dropped.’
No. 5 Chambers, 6th February 2014
Source: www.no5.com
‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’
OUT-LAW.com, 13th February 2014
Source: www.out-law.com
‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’
UK Human Rights Blog, 9th February 2014
Source: www.ukhumanrightsblog.com
‘Key building projects which generate thousands of jobs in communities across the UK will benefit from changes to tackle costly and unnecessary legal delays under plans to speed up and reform the Judicial Review system announced today by Justice Secretary Chris Grayling.’
Ministry of Justice, 5th February 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Supreme Court, 5th February 2014
‘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
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