Councils to get tougher powers to tackle Traveller sites – The Guardian

Posted April 2nd, 2013 in local government, news, planning, regulations, travellers by sally

“Councils will be given stronger powers to stop illegal Travellers’ sites being set up, communities and local government secretary Eric Pickles has announced.”

Full story

The Guardian, 29th March 2013

Source: www.guardian.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another – WLR Daily

Posted March 27th, 2013 in consultations, law reports, planning, railways by tracey

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another: [2013] EWHC 481 (Admin);   [2013] WLR (D)  122

“A command paper setting out the Government’s proposed strategy for the development of a high speed rail network followed after consultation by an announcement of decisions and next steps was not an administrative provision requiring a plan or programme necessitating an environmental assessment under the terms of the Strategic Environmental Assessment Directive 2001/42/EC.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Gipsies ordered to leave after three-year village fight – Daily Telegraphj

Posted March 27th, 2013 in appeals, demonstrations, news, planning, travellers by tracey

“Villagers who have spent almost three years blockading an illegal gipsy camp
declared victory after a High Court judge ordered the travellers to leave.”

Full story

Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Heritage bodies win high court battle against Barnwell windfarm – The Guardian

Posted March 8th, 2013 in energy, local government, news, planning by tracey

“Leading heritage organisations have won a high court battle against plans for a windfarm they warn will result in substantial harm to a heritage area ‘of national significance.’ English Heritage and the National Trust say the case has national implications. They supported East Northamptonshire district council’s successful legal bid to block proposals submitted by West Coast Energy for four 300 feet (91 metre) turbines on farmland at Barnwell Manor in Sudborough.”

Full story

The Guardian, 8th March 2013

Source: www.guardian.co.uk

Court of Appeal downplays Aarhus – UK Human Rights Blog

Posted March 5th, 2013 in environmental protection, judicial review, news, planning by sally

“There have been important pronouncements over the years by the Aarhus Compliance Committee (ACC) about whether the UK planning system complies with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).”

Full story

UK Human Rights Blog, 4th March 2013

Source: www.ukhumanrightsblog.com

‘Wednesbury’ unreasonableness correct test for screening direction challenges, says Court of Appeal – OUT-LAW.com

“When deciding whether an environmental impact assessment (EIA) screening direction by the Secretary of State (SoS) was lawful, the appropriate test to apply is the Wednesbury unreasonableness test, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 25th February 2013

Source: www.out-law.com

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily

Posted February 25th, 2013 in housing, law reports, local government, planning, time limits by sally

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others [2013] EWHC 286 (Admin); [2013] WLR (D) 73

“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

Full story

The Independent, 28th January 2013

Source: www.independent.co.uk

Public sector equality duty – planning permission for school – Education Law Blog

Posted January 18th, 2013 in education, equality, local government, news, planning by tracey

“In R. (on the application of Coleman) v Barnet LBC [2012] EWHC 3725 (Admin) , the High Court has held that the local authority had discharged its public sector equality duty (under section 149 of the Equality Act 2010) when granting planning permission for the development of a school on land on which a garden centre had been situated.”

Full story

Education Law Blog, 15th January 2013

Source: www.education11kbw.com

High Court upholds Secretary of State’s refusal of 1,000 Grantham homes – OUT- LAW.com

Posted December 21st, 2012 in housing, news, planning by tracey

“A High Court judge has dismissed a challenge to the Secretary of State’s refusal of developer Larkfleet Limited’s plans to build a 1,000-home urban extension to the north of Grantham in South Kesteven.”

Full story

OUT-LAW.com, 20th December 2012

Source: www.out-law.com

Dale Farm Travellers face eviction again – The Guardian

Posted December 20th, 2012 in appeals, local government, news, planning, repossession, travellers by tracey

“Travellers living at the side of the road near the former Dale Farm site face being evicted for a second time after Basildon council, in Essex, voted to take ‘direct action’ to remove the families who remain.”

Full story

The Guardian, 19th December 2012

Source: www.guardian.co.uk

Judicial Review: proposals for reform – Ministry of Justice

Posted December 13th, 2012 in consultations, judicial review, news, planning, public procurement, time limits by sally

“The Government is seeking views on a package of measures to stem the growth in applications for judicial reviews. The measures aim to tackle the burden that this growth has placed on stretched public services whilst protecting access to justice and the rule of law. The engagement exercise seeks views on proposals in three key areas; reducing the time limits for bringing a judicial review relating to procurement or planning, bringing them into line with the appeal timetable which already applies to those cases.”

Full story

Ministry of Justice, 13th December 2012

Source: www.justice.gov.uk

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

Posted December 13th, 2012 in illegality, law reports, licensing, local government, planning, ultra vires by sally

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Property development in a cold climate – Hardwicke Chambers

Posted December 11th, 2012 in construction industry, news, planning, rights of way by sally

“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”

Full story

Hardwicke Chambers, 10th December 2012

Source: www.hardwicke.co.uk

Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

Full story

LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

Father jailed after refusing to move from his own land – Daily Telegraph

Posted November 23rd, 2012 in contempt of court, news, planning, sentencing by tracey

“A working father who refused to leave his family-owned land in the ‘millionaires’ row’ of a picturesque village while he sought permission for a £32,000 eco-house has been jailed.”

Full story

Daily Telegraph, 23rd November 2012

Source: www.telegraph.co.uk

Judicial review ‘industry’ to be restricted, says PM – The Independent

Posted November 19th, 2012 in appeals, fees, judicial review, news, planning by sally

“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”

Full story

The Independent, 19th November 2012

Source: www.independent.co.uk

End of the right to challenge planning rulings – Daily Telegraph

Posted November 19th, 2012 in appeals, delay, judicial review, news, planning by sally

“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”

Full story

Daily Telegraph, 18th November 2012

Source: www.telegraph.co.uk

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com