Archive for the 'planning' Category

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2011] UKSC15; [2011] WLR (D) 125

“It was contrary to public policy that a person who had obtained planning permission for the building of a barn, but who had throughout intended to and did build a dwelling house disguised as a barn, and who had by deception concealed his breach of planning permission for four years from the planning authorities, should be able to invoke the immunity from enforcement action which was available under section 171B of the Town and Country Planning Act 1990.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Neighbourhood’ planning powers to be trialled – BBC News

“People living in parts of England will be able to decide where new houses, shops and businesses should go in their neighbourhood, under a localism trial.”

Full story

BBC News, 2nd April 2011

Source: www.bbc.co.uk

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Property planning rules to soften – BBC News

“Measures to make it easier for firms in England to convert commercial property into private dwellings are to be announced by the government in the Budget, the BBC has learned.”

Full story

BBC News, 19th March 2011

Source: www.bbc.co.uk

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government – WLR Daily

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government [2011] EWHC 97 (Admin); [2011] WLR (D) 39

“A stated intention by the Government to abolish regional strategies and to promote legislation for that purpose was capable in law of constituting, for the purposes of section 70(2) of the Town and Country Planning Act 1990, a ‘material consideration’ to which planning authorities could have taken regard in making determinations of applications for planning permission. The Secretary of State’s announced intention to abolish regional strategies did not compromise the duty of local planning authorities under section 19 of the Planning and Compulsory Purchase Act 2004 (as amended) to have regard to regional strategies when preparing a development plan or any other local development document.”

WLR Daily, 8th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court challenge to Hampton Court development fails – BBC News

“A High Court bid to block plans for a hotel and flats on a derelict site on the opposite side of the Thames from Hampton Court Palace has failed.”

Full story

BBC News, 31st January 2011

Source: www.bbc.co.uk

Ashford Borough Council v Barratt and another – WLR Daily

“Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Morge) v Hampshire County Council – WLR Daily

Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5

“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”

WLR Daily, 19th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Soil Association given libel warning after objection to huge pig farm – The Guardian

“When a charity objected to plans for a pig factory for up to 25,000 animals, they expected a fight. But now the battle looks likely to intensify after the leading London lawyers Carter-Ruck threatened libel proceedings.”

Full story

The Guardian, 18th January 2011

Source: www.guardian.co.uk

Conan Doyle supporters take Undershaw fight to court – BBC News

“Opponents of plans to convert Sir Arthur Conan Doyle’s former Surrey home into flats are taking their fight to the High Court.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government – WLR daily

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Big society’ decision to scrap regional housing targets ruled unlawful – The Guardian

“A decision by the communities secretary, Eric Pickles, to scrap regional housing targets in pursuit of the government’s ‘big society’ initiative was ruled unlawful by the high court today.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Legal bid to block building near Hampton Court Palace – BBC News

“A row over controversial plans for a development on a derelict site opposite the Grade I-listed Hampton Court Palace has moved to the High Court.”

Full story

BBC News, 28th October 2010

Source: www.bbc.co.uk

Tesco wins new Ilkley superstore appeal – BBC News

“Supermarket giant Tesco has won permission to build a new superstore in a West Yorkshire town after a controversial planning appeal.”

Full story

BBC News, 4th September 2010

Source: www.bbc.co.uk

Review of FA national football centre Burton homes plan – BBC News

“A claim for a judicial review has been lodged into a council’s decision to give planning consent for the National Football Centre in Staffordshire.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk

Couple fined £2,000 for hedge infringement – The Independent

“A  couple have been fined £2,000 for allowing their garden hedges to grow too tall.”

Full story

The Independent, 26th August 2010

Source: www.independent.co.uk

Government to introduce new powers over traveller sites – BBC News

“A number of changes to tackle illegal gypsy and traveller sites are to be introduced, the government has said.”

Full story

BBC News, 24th August 2010

Source: www.bbc.co.uk

Den Brook wind turbine challenge rejected by High Court – BBC News

“The latest legal challenge against plans for a wind farm in Devon has been rejected by the High Court.”

Full story

BBC News, 19th August 2010

Source: www.bbc.co.uk

Health & Safety Executive v Wolverhampton City Council and another – WLR Daily

Health & Safety Executive v Wolverhampton City Council and another [2010] EWCA Civ 892; [2010] WLR (D) 224

“A material consideration for a local planning authority when deciding whether to revoke or modify the grant of planning permission under s 97 of the Town and Country Planning Act 1990 was the authority’s liability to pay compensation under s 107 of the Act.”

WLR Daily, 4th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Allhallows Staining Church Act 2010

Allhallows Staining Church Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

Mageean v Secretary of State for Communities and Local Government and others – WLR Daily

Mageean v Secretary of State for Communities and Local Government and others [2010] WLR (D) 209

 “The validity of a screening direction made by the Secretary of State under reg 6 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 is not limited to two years but a planning inspector should refer the matter back to the Secretary of State where there has been a change of circumstance which could affect the decision.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

People in rural villages to be allowed to build on green belt without planning permission – Daily Telegraph

“People living in rural communities will be able to give themselves the right to build on local green belt land without planning permission, under plans to be unveiled today.”

Full story

Daily Telegraph, 23rd July 2010

Source: www.telegraph.co.uk

Court rejects challenge to cycle hire station – The Independent

“The High Court today rejected a bid to bring a legal challenge over London Mayor Boris Johnson’s flagship cycle hire scheme.”

Full story

The Independent, 12th July 2010

Source: www.independent.co.uk

Villagers’ fury after High Court rules ‘travellers can build toilets on green belt land’ – Daily Telegraph

“Villagers who formed a human barricade to stop travellers building a caravan site near their homes have suffered a further blow after the High Court granted permission for diggers to be brought on to the land.”

Full story

Daily Telegraph, 1st July 2010

Source: www.telegraph.co.uk

Prince of Wales intervention in Chelsea Barracks ‘unwelcome’ says judge – Daily Telegraph

“The Candy Brothers have won their High Court bid to prove Qatari architects were wrong to withdraw plans for the redevelopment of Chelsea Barracks following an intervention by the Prince of Wales.”

Full story

Daily Telegraph, 25th June 2010

Source: www.telegraph.co.uk

Regina (Morge) v Hampshire County Council – WLR Daily

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Healthy’ school wins battle against local takeaway – Daily Telegraph

“A school with a ‘healthy eating’ policy has won its High Court battle to prevent a fast food takeaway being set up nearby.”

Full story

Daily Telegraph, 11th June 2010

Source: www.telegraph.co.uk

Injunction over Meriden travellers’ site – BBC News

“A High Court injunction has been won by a council to stop travellers building on land they own in a village.”

Full story

BBC News, 21st May 2010

Source: www.bbc.co.uk

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2010] UKSC 20; [2010] WLR (D) 123

“A planning authority, in considering the exercise of its compulsory purchase powers in relation to one site, was not entitled to take into account a commitment by a developer to secure the redevelopment of another unconnected site.”

WLR Daily, 13th May 2010

Source: www.lawreports.co.uk

 Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Millionaire wins battle to build eco home on own island – The Independent

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

Legal challenge to farmer’s green scheme in Talgarth – BBC News

“A national park has launched a legal challenge against the Welsh Assembly Government after it said a green energy plant could be built on a farm.”

Full story

BBC News, 8th April 2010

Source: www.bbc.co.uk

Supreme court preserves Coatham Common from housebuilding – The Guardian

“Britain’s highest court today overturned a series of rulings and backed a campaign to save an undeveloped oasis on industrial Teesside as a village green.”

Full story

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Farmer loses fight to save home he hid behind hay bales – The Guardian

“A Englishman’s house may be his castle – but it stills needs to have planning permission, a farmer learned the hard way today.”

Full story

The Guardian, 3rd February 2010

Source: www.guardian.co.uk

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Regina (Boggis and Another) v Natural England – Times Law Reports

Regina (Boggis and Another) v Natural England

Court of Appeal

“The notification of a site of special scientific interest by English Nature was not a plan or project requiring an assessment of its conservation implications on any special protection area which it might affect.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

Prince of Wales could be asked to appear in court over role in Chelsea Barracks row – Daily Telegraph

“The Prince of Wales could be asked to appear in court over his role in helping to block the £3 billion Chelsea Barracks housing scheme designed by Lord Rogers.”

Full story

Daily Telegraph, 29th November 2009

Source: www.telegraph.co.uk

R (Boggis) and another v Natural England – WLR Daily

R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304

“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”

WLR Daily, 23rd October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man guilty of destroying bat site – BBC News

“A planning consultant has been convicted of two charges of damaging or destroying the sites of protected bat species at a former hospital building.”

Full story

BBC News, 2nd October 2009

Source: www.bbc.co.uk

Supermarket ‘test rules’ tweaked – BBC News

“The Competition Commission will press ahead with tougher planning hurdles to stop supermarkets dominating in a local area – but has revised its rules.”

Full story

BBC News, 2nd October 2009

Source: www.bbc.co.uk

Judge clears way for ‘blot on the landscape’ – The Independent

“Objections to a 43-storey residential block on London’s South Bank were thrown out by a High Court Judge today.”

Full story

The Independent, 18th September 2009

Source: www.independent.co.uk

Judge upholds tower block ruling – BBC News

“A judge has upheld a government decision to allow construction of a controversial 43-storey tower block on London’s South Bank.”

Full story

BBC News, 17th September 2009

Source: www.bbc.co.uk

Legal bid over temple demolition – BBC News

“A heritage group has started a legal challenge to try to prevent a Sikh temple in Kent from being demolished.”

Full story

BBC News, 20th August 2009

Source: www.bbc.co.uk

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278

“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Planning laws leave war memorials at risk, says London Assembly – The Times

“Hundreds of war memorials are at risk of being lost or damaged because planning laws fail to cover their preservation, according to a report published today.”

Full story

The Times, 6th July 2009

Source: www.timesonline.co.uk

Gordon Brown’s controversial eco-towns plan could be unlawful, according to top QCs – Daily Telegraph

“Gordon Brown’s controversial eco-towns plan could be unlawful, according to top QCs. The legal opinions cast fresh doubts on the Prime Minister’s plans for up to 10 of the towns across England.”

Full story

Daily Telegraph, 6th April 2009

Source: www.telegraph.co.uk

Barnett v Secretary of State for Communities and Local Government and Another – Times Law Reports

Barnett v Secretary of State for Communities and Local Government and Another

Court of Appeal

“Where full planning permission had been granted for the construction of buildings, the grant approved the application plans and drawings unless the permission expressly stated otherwise. The general rule in construing permissions to have regard only to the permission unless the ancillary plans and drawings had been expressly incorporated, applied only to outline planning permission.”

The Times, 30th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council – Times Law Reports

Toni and Guy (South) Ltd and Another v Hammersmith and Fulham London Borough Council

Queen’s Bench Division

“Where only part of a building was in such condition as to affect adversely the amenity of the area, the local planning authority had no power to serve a notice requiring the taking of remedial steps on those occupying other parts of the building.”

The Times, 27th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barnett v Secretary of State for Communities and Local Government and another – WLR Daily

Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107

The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission. Where full planning permission was granted for the construction of buildings, the grant approved the application plans and drawings unless the grant expressly stated otherwise.”

WLR Daily, 24th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same [2009] WLR (D) 103

When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Stansted legal challenge defeated – The Times

“Campaigners have lost their High Court battle to block the expansion of Stansted Airport.”

Full story

The Times, 13th March 2009

Source: www.timesonline.co.uk

Legal fight against airport plans – BBC News

“Plans for an expansion of Stansted Airport in Essex which were given the go-ahead by the government are facing a High Court challenge.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

High Court bid to block eco-towns – BBC News

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk

Planning Act 2008

Planning Act 2008 published

Full text of Act

Source: www.opsi.gov.uk


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