The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

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Six Pump Court, 10th October 2022

Source: 6pumpcourt.co.uk

High Court to hear judicial review of Local Plan brought by parish council in attempt to block construction of 27 dwellings – Local Government Lawyer

Posted October 18th, 2022 in housing, judicial review, local government, news, planning by sally

‘The High Court will this week hear a judicial review brought by Norton St Philip Parish Council which argues that Mendip District Council’s decision to follow the recommendations of a planning inspector and approve a Local Plan was unlawful.’

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Local Government Lawyer, 17th October 2022

Source: www.localgovernmentlawyer.co.uk

Mere delicacy or fastidiousness? – Nearly Legal

Posted September 20th, 2022 in damages, news, nuisance, planning by tracey

‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Claimant seeks judicial review of grant of planning permission which will see closure of highway – Local Government Lawyer

Posted September 13th, 2022 in judicial review, news, planning, roads by tracey

‘The City of York Council has been threatened with a judicial review of its decision to grant planning permission for the extension of a museum which detractors argue involves removing a vital route into the city for pedestrians and cyclists.’

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Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

Government facing judicial review amid claims it ignored Examining Authority advice before green lighting nuclear power plant development – Local Government Lawyer

Posted September 7th, 2022 in energy, government departments, judicial review, news, nuclear power, planning by sally

‘A campaign group has issued legal proceedings against the Government challenging its decision to allow the Sizewell C Nuclear Power Station to go ahead against the advice of the planning Examining Authority (EA).’

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Local Government Lawyer, 6th September 2022

Source: www.localgovernmentlawyer.co.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

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The Guardian, 5th September 2022

Source: www.theguardian.com

The test for discharging a planning condition – Local Government Lawyer

Posted September 2nd, 2022 in judicial review, local government, news, planning by tracey

‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Late service of CIL liability notice – Local Government Lawyer

Posted September 2nd, 2022 in local government, news, planning by tracey

‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Planning Court rejects judicial review challenge over permission for redevelopment of former brewery site in Brick Lane – Local Government Lawyer

Posted September 1st, 2022 in judicial review, listed buildings, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge against the London Borough of Tower Hamlets’ grant of planning permission for redevelopment of part of the site of a former brewery.’

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Local Government Lawyer, 31st August 2022

Source: www.localgovernmentlawyer.co.uk

Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

The role of CIL liability notices and demand notices – Local Government Lawyer

Posted August 19th, 2022 in local government, news, notification, planning by tracey

‘Christopher Cant reviews the role played by liability and demand notices in the operation of the Community Infrastructure Levy (CIL) regime and analyses two recent court rulings.’

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Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

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Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives green light for fourth judicial review challenge regarding future of London housing estate – Local Government Lawyer

Posted August 15th, 2022 in consultations, housing, judicial review, local government, London, news, planning by tracey

‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Breach of condition notices and the public sector equality duty – Local Government Lawyer

Posted August 15th, 2022 in enforcement notices, judicial review, local government, news, planning by tracey

‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Sizewell C nuclear plant approval faces legal challenge – The Guardian

‘Campaigners have begun a legal challenge against the government’s decision to give the Sizewell C nuclear power station the go-ahead amid warnings that UK nuclear plants will be on the frontline of climate breakdown.’

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The Guardian, 8th August 2022

Source: www.theguardian.com

Goring Gap: High Court overturns 475-home development plan – BBC News

Posted August 2nd, 2022 in appeals, housing, local government, news, parks, planning by tracey

‘Plans to build 475 houses in Worthing have been overturned by a High Court judge.’

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BBC News, 1st August 2022

Source: www.bbc.co.uk

High Court refuses council judicial review bid over routeing of lorries to HS2 construction sites – Local Government Lawyer

Posted July 28th, 2022 in judicial review, local government, news, planning, railways, roads by sally

‘A judicial review application by Buckinghamshire Council contesting a decision by the Secretary of State for Transport and the Secretary of State for Levelling up, Housing and Communities to approve lorry routes for the construction of High Speed 2 has been refused by the High Court.’

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Local Government Lawyer, 26th July 2022

Source: www.localgovernmentlawyer.co.uk

Lack of regard for council planning policy on playing fields led to unlawful planning permission, High Court finds – Local Government Lawyer

Posted July 13th, 2022 in housing, local government, news, parks, planning, sport by tracey

‘A decision by Leeds City Council to grant itself outline planning permission to build 61 affordable dwellings on a longstanding sports field was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 11th July 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: Hillside Parks Limited v Snowdonia National Park Authority – UKSC Blog

Posted July 8th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’

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UKSC Blog, 7th July 2022

Source: ukscblog.com