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PPG Holdings Bv: ECJ 18 Apr 2013

ECJ Opinion – VAT – Pension fund set up by an employer as a separate legal entity – VAT on management services relating to the pension fund, invoiced to the employer – Whether deductible – Whether such services exempt from VAT as ‘management of special investment funds’ Judges: Sharpston AG Citations: C-26/12, [2013] EUECJ C-26/12, … Continue reading PPG Holdings Bv: ECJ 18 Apr 2013

Land Securities Group Plc v Scottish Ministers and others: HL 25 Oct 2006

Objection had been made to a proposed shopping centre on the site of the former Ravenscraig steel mills, saying that it would provide excess capacity and went against the policy that priority should be given to permissions for town centres. The plan had been altered to designate it as in effect a new town centre. … Continue reading Land Securities Group Plc v Scottish Ministers and others: HL 25 Oct 2006

Lee Valley Regional Park Authority, Regina (on The Application of) v Epping Forest District Council and Another: CA 22 Apr 2016

This appeal requires the court to consider, among other things, the meaning and effect of the Government’s planning policy in England for the construction of agricultural buildings in the Green Belt.Lindblom LJ explained: ‘A fundamental principle in national policy for the Green Belt, unchanged from PPG2 to the NPPF, is that the construction of new … Continue reading Lee Valley Regional Park Authority, Regina (on The Application of) v Epping Forest District Council and Another: CA 22 Apr 2016

PPG and SNF v ECHA: ECFI 25 Sep 2015

ECJ Judgment – REACH – Identification of acrylamide as a substance of very high concern – Intermediates – Action for annulment – Whether directly concerned – Admissibility – Proportionality – Equal treatment T-268/10, [2015] EUECJ T-268/10 Bailii European Updated: 04 January 2022; Ref: scu.552755

JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002

Application was made for permission for an A2 use on land for which permission had previously been granted for A1 use. The Secretary of State reversed the inspector’s decision on the basis that he had failed to follow the necessary sequence of tests. Held: The questions at issue as to the appropriateness of the site … Continue reading JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002

Wandsworth London Borough Council v Secretary of State for Transport, Local Government and the Regions: CA 19 Feb 2003

The applicant sought permission for a supermarket. It would fall mostly within the Lambeth area, but also in part in a neighbouring borough. One classified the development as a ‘neighbourhood centre’, but the appellant authority classified the shops as ‘important local parades’. The inspector found that it was not in a town centre within the … Continue reading Wandsworth London Borough Council v Secretary of State for Transport, Local Government and the Regions: CA 19 Feb 2003

Regina v St Edmundsbury Borough Council, ex parte Davidson: QBD 7 Jul 1999

Where two sites had been available for a redevelopment, one site was rejected because an existing lease made it unworkable, and the plan was piece meal, and the other site was taken forward, the applicant for permission could ask the council to reconsider the first site once the lease was surrendered, and the authority was … Continue reading Regina v St Edmundsbury Borough Council, ex parte Davidson: QBD 7 Jul 1999

Regina v Hambleton District Council, Ex Parte Somerfield Stores Ltd: Admn 11 Nov 1998

Permission for an out of town retail centre was set aside, after the council had failed to make proper allowance for need to test for the need for such a centre and to assess properly the impact on the town centre and follow the guidance PPG 6. Citations: Gazette 11-Nov-1998, [1998] EWHC Admin 1033 Links: … Continue reading Regina v Hambleton District Council, Ex Parte Somerfield Stores Ltd: Admn 11 Nov 1998

Safeway Stores plc v Secretary of State for the Environment Transport and the Regions and Others: QBD 3 Mar 1999

An inspector granting permission for an out of town development despite the effect on the town centre had not failed to have proper regard to PPG 6. A change in the wording dropping the requirement for an assessment of the affect on the town ‘as a whole’ was not a significant policy change. Citations: Gazette … Continue reading Safeway Stores plc v Secretary of State for the Environment Transport and the Regions and Others: QBD 3 Mar 1999

Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Commissioner of The Police of The Metropolis v The Information Commissioner; Rosenbaum: UTAA 7 Jan 2021

1. The decision of the Upper Tribunal in Corderoy v Information Commissioner [2017] UKUT 495 (AAC);[2018] AACR 19 at paragraphs 55-57 and 62 was inconsistent with the decision in APPGER v Information Commissioner and Foreign and Commonwealth Office [2015] UKUT 377 (AAC); [2016] AACR 5 and is wrong in law. 2. In deciding for the … Continue reading Commissioner of The Police of The Metropolis v The Information Commissioner; Rosenbaum: UTAA 7 Jan 2021

The London Borough of Barnet v Secretary of State for the Home Department, McCarthy and Stone (Developments) Ltd: Admn 23 Aug 2001

The applicant sought to quash a decision letter. It had wanted to create a development, but the local authority considered it had not met the requirement to include affordable housing. It was agreed that a need existed for affordable housing, and the Inspector considered the development large enough to be required to make provision. The … Continue reading The London Borough of Barnet v Secretary of State for the Home Department, McCarthy and Stone (Developments) Ltd: Admn 23 Aug 2001

Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017

Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017

J S Bloor (Wilmslow) Ltd v Homes and Communities Agency: CA 22 May 2015

The land owner challenged the amount awarded on the compulsory purchase of land. Although agricultural, it had substantial hope value with possible residential development. Held: The assessment of compensation should be remitted to the Upper Tribunal ‘to be decided without regard to the scheme of development as defined in this judgment’Patten LJ summarised the effect … Continue reading J S Bloor (Wilmslow) Ltd v Homes and Communities Agency: CA 22 May 2015

Joinglobal Ltd v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Oct 2001

The applicant had outline planning permission for residential development of a green field site in an urban area. He allowed it to expire, and made further application. On the local authority failing to decide, it applied to the inspector who refused it. In the light of current policies (PPG3), such development was no longer appropriate. … Continue reading Joinglobal Ltd v Secretary of State for Environment Transport and the Regions, and Another: Admn 3 Oct 2001

Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012

The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012

Northavon District Council v Secretary of State for the Environment, Trustees of the Congregation of Jehovah’s Witnesses: QBD 1993

The trustees sought permission to erect a religious meeting place on Green Belt Land, which was refused. They said the council had failed to treat it as an ‘institution standing in extensive grounds’ within PPG2 (1988). The inspector said there had to be a functional relationship between the proposed building and the extensive grounds, which … Continue reading Northavon District Council v Secretary of State for the Environment, Trustees of the Congregation of Jehovah’s Witnesses: QBD 1993

Tesco Stores Ltd v Secretary of State for the Environment Transport and the Regions: QBD 11 Jan 2001

The Secretary called in a decision of the inspector to permit the building of a supermarket, and reversed the decision, holding that a need had been demonstrated, but that the inspector had been insufficiently flexible in applying the sequential test under PPG6, and he felt that the proposal was inconsistent with PPG13. On appeal, it … Continue reading Tesco Stores Ltd v Secretary of State for the Environment Transport and the Regions: QBD 11 Jan 2001