The Crown was not bound by the Town and Country Planning Act 1947 to get planning permission for the afforestation of its land, though its tenants are so bound.Lord Denning MR said: ‘Looking at the whole of the Town and Country Planning Act, 1947, I am satisfied that the Crown does not need to get … Continue reading Ministry of Agriculture, Fisheries and Food v Jenkins: CA 1963
Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32. The Respondent Company carried on an … Continue reading Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955
(Bombay) The Board considered whether the Crown was bound by section 222(1) and section 265 of the City of Bombay Municipal Act 1888, which in effect gave the Municipality power to carry water mains for the purposes of water supply through, across or under any street and ‘into, through or under any land whatsoever within … Continue reading The Province of Bombay v The Municipal Corporation of The City of Bombay and Another: PC 10 Oct 1946
Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment. Held: The local authority had concluded that the project could not be encompassed by the phrases ‘infrastructure project’ or ‘urban development project’. Whilst there might be some scope for disagreement, that did … Continue reading Regina (Goodman and Another) v Lewisham London Borough Council: CA 14 Feb 2003
A permission was granted for the change of use of a building to use for making potato crisps subject to a condition confining its use to that of ‘the manufacture of potato crisps or any use within class III of [the Use Classes Order]’, in order ‘to ensure that the building shall not be used … Continue reading Crisp from the Fens Ltd v Rutland County Council: CA 1950
A local authority being consulted about the government’s proposed designation of Stevenage as a ‘new town’ would be likely to be able to respond satisfactorily to a presentation of less specificity than would members of the public, particularly perhaps the economically disadvantaged. Citations: [1947] 2 All ER 496 Cited by: Cited – Moseley, Regina (on … Continue reading Fletcher v Minister of Town and Country Planning: 1947
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014
While demolition works as such did not require planning permission, works which comprised demolition, site clearance and the erection of a new building on the site were operations for which planning permission would have been required but for the exception which was available under section 78(1) of the 1947 Act. The Court distinguished between beginning … Continue reading London County Council v Marks and Spencer Ltd: CA 1952
A government minister had decided to confirm a draft new town order following a public local inquiry. One of the grounds on which the decision was challenged was that the minister could not consider the report and the objections without a pre-disposition to favour the confirmation of the draft order, since it took forward a … Continue reading Franklin v Minister of Town and Country Planning: HL 2 Jul 1947
The Council appealed against the quashing of its decision to impose certan conditions on a planning permission requiring the demolition of two hangars at the airfield subject of the application.
Held: The Council’s appeal failed.
Mr . .
A company was formed for the purpose of establishing in England, public day schools for the education of girls. The position on the day appointed by the minister of Town and Country planning under the 1947 Act, section 119, namely July 18th 1948, . .
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
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The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006. Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017
A grant of planning permission was subject to an agricultural occupancy condition: ‘The occupation of the houses shall be limited to persons whose employment or latest employment is or was employment in agriculture as defined by section 119(1) of the Town and Country Planning Act, 1947, or in forestry or in any industry mainly dependent … Continue reading Fawcett Properties Ltd v Buckingham County Council: HL 1960
A caravan owner appealed against an enforcement notice on the basis that no planning permission was required because the parking of caravans was the purpose for which the land had been last used. Held: Factually that was correct. Prima facie it afforded a statutory defence. But the user amounted to a criminal or quasi criminal … Continue reading Glamorgan County Council v Carter: QBD 1962
The House considered a purchase notice under section 19(1), Town and Country Planning Act 1947, which turned on the second limb of the definition of ‘owner’ because the land in question was not let at a rack rent. Lord Reid considered a chain of leases and subleases where several were at a rack rent and … Continue reading London Corporation v Cusack-Smith: HL 1955
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a public place of religious worship, since it was not open to the public, or even to … Continue reading Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008
Rent Repayment Order From Superior Landlord Housing – Rent Payment – Whether A Rent Repayment Order May Be Made against A Superior Landlord – – application to strike out claim for rent repayment order – ss. 40, 41 Housing and Planning Act 2016 – appeal dismissed‘the FTT does have jurisdiction to make a rent repayment … Continue reading Rakusen v Jepsen: UTLC 11 Nov 2020
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. Did an outline permission and subsequent approval of reserved matters require an environmental impact assessment? Held: The Directive … Continue reading Barker v London Borough of Bromley: Admn 23 Nov 2001
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
The Corporation declared an area in which the appellants owned some slum houses to be a slum clearance area and made a compulsory purchase order. Compensation was to be assessed under the 1919 Act and the 1959 Act. The appellants were entitled to receive in compensation the value of their land as sites cleared of … Continue reading Davy v Leeds Corporation: HL 1965
The court referred to the extent of interest in land required by caravan dwellers to support payment of compensation on the issue of enforcement notice. Held: Salmon LJ said: ‘I agree that the interest referred to in section 45(3)(b) is confined to a legal or equitable interest and does not include an interest in the … Continue reading Stevens v Bromley London Borough Council: 1972
The claimant had been granted a contractual right to use an airfield for arranging motor racing events. The planning consent was revoked, and compensation was claimed under s164 as ‘a person interested in the land’ which ‘is a section designed to compensate those who have incurred expenditure in reliance upon a permitted use only to … Continue reading Pennine Raceway Ltd v Kirklees Metropolitan Borough Council: CA 1983
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
Mr Joliffe owned a garage on a busy road. Adjoining land was involved in a widening scheme, the result of which was to leave his garage at the end of a cul de sac, though no land was taken from him.
Held: Section 10 gave him no right to . .
