Key issues in land disposal – Local Government Lawyer

Posted May 26th, 2023 in appeals, local government, news, planning, Supreme Court by tracey

‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer

‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer

Posted May 22nd, 2023 in appeals, fees, local government, news, ombudsmen, planning by tracey

‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer

Posted May 22nd, 2023 in appeals, local government, London, news, planning by tracey

‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Owners of illegal shisha café ordered to pay nearly £200k following council prosecution – Local Government Lawyer

‘Manchester City Council has secured the confiscation of £174,074 from a company that owned a property used as an illegal shisha café in breach of a planning enforcement notice.’

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Local Government Lawyer, 10th May 2023

Source: www.localgovernmentlawyer.co.uk

London estate resident goes to high court over demolition plans – The Guardian

Posted May 10th, 2023 in housing, local government, London, news, planning by sally

‘A woman who has lived on the same council estate for 30 years has taken developers and her local authority to the high court over plans to demolish her home.’

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The Guardian, 9th May 2023

Source: www.theguardian.com

Council defeats High Court challenge to enforcement notice – Local Government lawyer

Posted May 4th, 2023 in enforcement notices, equality, local government, news, planning by tracey

‘Luton Borough Council has defeated a developer’s challenge to a planning enforcement notice in the High Court.’

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Local Government lawyer, 4th May 2023

Source: www.localgovernmentlawyer.co.uk

Tree that damaged house too valuable to cut down – BBC News

Posted April 28th, 2023 in housing, local government, news, planning, trees by tracey

‘A man who claims a five-metre branch fell from a tree and damaged his house has been told it is too valuable to be cut down.’

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BBC News, 27th April 2023

Source: www.bbc.co.uk

The “We’ve extended the conservation area” gambit – Local Government Lawyer

Posted April 17th, 2023 in judicial review, local government, news, planning by tracey

‘A High Court judge recently found that a borough council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish. Simon Ricketts examines the case.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of planning permission – Local Government Lawyer

Posted April 17th, 2023 in enforcement notices, housing, local government, news, planning by tracey

‘Roderick Morton reports on a High Court ruling that highlights the importance of checking implementation carefully where a developer claims to have permission.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Updates to English network infrastructure policy follow high-profile legal cases – OUT-LAW.com

Posted April 13th, 2023 in news, planning, railways, roads by sally

‘Planned updates to the key policy document for nationally significant road and rail projects in England are a direct response to recent high-profile rulings on when officials must consider alternative approaches.’

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OUT-LAW.com, 11th April 2023

Source: www.pinsentmasons.com

Cumbrian coal mine legal challenge refused – The Independent

Posted April 13th, 2023 in climate change, judicial review, news, planning by sally

‘Climate campaigners have been refused a legal challenge against the Government over its decision to grant planning permission to a new coal mine in Cumbria.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

Council decision to extend conservation area to save department store building was unlawful, High Court rules – Local Government Lawyer

Posted April 3rd, 2023 in housing, local government, news, planning by sally

‘A High Court judge has found that Spelthorne Borough Council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Council fails in appeal over costs award made after landowner succeeded with compulsory purchase objection – Local Government Lawyer

Posted March 23rd, 2023 in appeals, compulsory purchase, costs, local government, news, planning by tracey

‘Harlow District Council has lost on all grounds in an attempt at the High Court to overturn a costs award made against it in a dispute over compulsory purchase.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Council wins statutory review over original building and proportionality of additions – Local Government Lawyer

Posted March 23rd, 2023 in housing, local government, news, planning, proportionality by tracey

‘A planning inspector’s decision has been quashed by the High Court in a dispute concerning Green Belt building and the unknown dimensions of a home that stood on the site before the present planning system took effect in 1948.’

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Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Plymouth trees: Call for independent inquiry into felling – BBC News

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

New Judgment: R (On the application of Day) v Shropshire Council [2023] UKSC 8 – UKSC Blog

‘Land which is subject to a statutory trust in favour of the public is held by a local authority for the purpose of the public’s enjoyment. In order for local authorities to dispose of this type of land they must comply with statutory consultation requirements. The issue raised by this appeal is what happens to the public’s rights to use this type of land when the local authority disposes of the land but fails to comply with the statutory requirements.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Plans for gas drilling in Surrey Hills to face judicial review – The Guardian

Posted March 3rd, 2023 in energy, government departments, inquiries, judicial review, miners, news, planning by sally

‘Plans to drill for gas in the Surrey Hills will be put under judicial review and could be stopped, after local campaigners took the government to the high court.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com

City council settles claim alleging “discriminatory” pavement licensing policy – Local Government Lawyer

‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Supreme court rules in favour of halting housebuilding in Shrewsbury park – The Guardian

‘Campaigners have won a supreme court appeal to stop houses being built on a park protected by a 100-year-old statutory trust in Shrewsbury, in a landmark ruling for the protection of green spaces.’

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The Guardian, 1st March 2023

Source: www.theguardian.com