Supreme Court to consider next week principle on planning conditions, dedication of highways and compensation – Local Government Lawyer

Posted July 5th, 2022 in compensation, news, planning, roads, Supreme Court by sally

‘The Supreme Court will next week (12 July) consider whether the principle enunciated by the Court of Appeal that a planning condition could not lawfully require the developer to dedicate land for public purposes without the payment of compensation, is correct in law.’

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Local Government Lawyer, 4th July 2022

Source: www.localgovernmentlawyer.co.uk

Defendant fined £26k after failing to comply with planning enforcement notices – Local Government Lawyer

Posted July 1st, 2022 in enforcement notices, fines, local government, news, planning by tracey

‘A Wiltshire man has been ordered to pay more than £26,000 after Wiltshire Council prosecuted him for non-compliance with planning enforcement notices at a site in Bromham.’

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Local Government Lawyer, 29th June 2022

Source: www.localgovernmentlawyer.co.uk

Judge rejects legal challenge to decision-making for distributor road serving 7,500-home scheme – Local Government Lawyer

Posted June 23rd, 2022 in consultations, judicial review, local government, news, planning, roads by sally

‘A judicial review challenging Wiltshire Council’s decision-making in relation to a major new distributor road serving a large-scale development project, the Future Chippenham programme, has been dismissed by a High Court judge.’

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

High Court quashes planning permission over flawed report from planning officer – Local Government Lawyer

Posted June 22nd, 2022 in housing, judicial review, local government, news, planning by sally

The High Court has quashed Bristol City Council’s grant of planning permission for a 62-home development on a former zoo car park, following a judicial review claim that argued the local authority based its decision on a flawed planning officer’s report.

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by tracey

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

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The Guardian, 16th June 2022

Source: www.theguardian.com

Hands off our park: Shrewsbury takes its council to the supreme court – The Guardian

Posted June 6th, 2022 in appeals, housing, local government, news, parks, planning, Supreme Court by tracey

‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’

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The Guardian, 5th June 2022

Source: www.theguardian.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Did you see? You may have missed… Mr Charles Beresford Davies-Gilbert v Mr Henry James Goacher, Mr Steven Adrian Chester [2022] EWHC 969 – Gatehouse Chambers

‘The Claimant was the owner and/or estate manager of land known as the Gilbert Estate. The Defendants were both freehold owners of land subject to restrictive covenants in favour of land owned by the Claimant. The relevant covenant prohibited any construction without a written licence, “such licence not to be unreasonably withheld.”’

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Gatehouse Chambers, 11th May 2022

Source: gatehouselaw.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

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Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Levelling Up and Regeneration Bill – how is the planning system changing? – Local Government Lawyer

Posted May 17th, 2022 in bills, local government, news, planning by tracey

‘Bob Pritchard picks out key elements of the explanatory notes to the Levelling Up and Regeneration Bill to see what changes are in store for the planning system.’

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Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog

‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’

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Practical Law: Construction Blog, 11th May 2022

Source: constructionblog.practicallaw.com

Council facing judicial review challenge over approval of plans to double size of poultry farm – Local Government Lawyer

‘A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.’

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Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

Wetlands protection law delays building of new homes in England – The Guardian

‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

High Court quashes grant of planning permission by Secretary of State for Holocaust memorial – Local Government Lawyer

Posted April 11th, 2022 in Judaism, local government, news, parks, parliament, planning by tracey

‘A High Court judge has quashed the Secretary of State’s decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.’

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Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk

Breach of injunction preventing works on woodland site sees landowner receive jail sentence – Local Government Lawyer

‘A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Judge’s ruling due on legal challenge against Holocaust memorial site – The Independent

Posted April 8th, 2022 in Judaism, news, parliament, planning by sally

‘Campaigners are due to learn whether or not they have won a High Court challenge over plans to build a national Holocaust memorial next to the Houses of Parliament.’

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The Independent, 7th April 2022

Source: www.independent.co.uk

High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers

Posted April 8th, 2022 in chambers articles, housing, local government, news, planning by sally

‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’

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No. 5 Chambers, 4th April 2022

Source: www.no5.com

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Judge refuses Tesco permission to bring judicial review challenges over permissions for new Aldi store – Local Government Lawyer

Posted March 30th, 2022 in judicial review, local government, news, planning by sally

‘A High Court judge has refused Tesco permission to bring two judicial review claims over grants of planning permission by Havering Council that will facilitate a new Aldi store in Romford.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk