The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State’s reaction to the judges comments at … Continue reading Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999
The court was asked whether the erection of a marquee in the grounds of an hotel amounted to a development requiring planning permission. The hotel was a listed building. The marquee was only taken down once a year. Held: The marquee required permission. Judges: Morritt, Pill, Schiemann LJJ Citations: [2000] EWCA Civ 5569 Links: Bailii … Continue reading Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000
The use of a tethered barge as a heliport constituted a change of use of the land under the river. Citations: Times 10-Dec-1996, [1996] EWCA Civ 1063 Statutes: Town and Country Planning Act 1990 55 Jurisdiction: England and Wales Citing: Cited – The Carlgarth 1927 Scrutton LJ said: ‘When you invite a person into your … Continue reading Thames Heliport Plc v London Borough of Tower Hamlets: CA 28 Nov 1996
The house owner sought a lawful use certificate. He wished to use the house as sheltered housing for six people recovering from mental illness, with support from a resident carer. The rules allow such a certificate where there would be a total of six people living in the property. The local authority refused the certificate … Continue reading Secretary of State for Transport, Local Government and the Regions v Waltham Forest London Borough Council: CA 15 Mar 2002
The appellant had challenged an enforcement notice requiring him to pull down a partially built house. The issue was when the four year limitation period had commenced. Did the four year limitation period commence when the works were complete, or when the building was complete? Held: The inspector had found the building to be a … Continue reading Sage v Secretary of State for the Environment, Transport and the Regions and others: HL 10 Apr 2003
A metal framed marquee erected on the same site each year and kept up until October, did not require planning permission. The decision that it did because it was a building was flawed. Insufficient attention had been given to whether there were any building operations which had taken place in connection with it. Citations: Times … Continue reading Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions v and Harrow London Borough Council (No 2): Admn 4 Jun 1999
Change of use for premises from industrial storage to agricultural and back again needed permission. Citations: Ind Summary 25-Jul-1994 Statutes: Town and Country Planning Act 1990 55-1 Jurisdiction: England and Wales Planning Updated: 20 May 2022; Ref: scu.82526
The court could properly grant an interlocutory injunction ordering the removal of a plane (a replica Spitfire) from a roof in breach of planning controls under the Act. Citations: Times 23-Feb-1994, Ind Summary 28-Feb-1994, Gazette 27-Apr-1994, [1994] 1 PLR 30 Statutes: Town and Country Planning Act 1990 55(2)(d) 90 187(b) Jurisdiction: England and Wales Cited … Continue reading Croyden London Borough Council v Gladden and Others: CA 23 Feb 1994
The court asked whether the four year enforcement rule applied in respect of subdivision of a larger building to create single dwelling houses or applied only in the case of conversion of a single building to single dwelling houses. Held: It applies to subdivision. The concept of the planning unit has no part to play … Continue reading Van Dyck v Secretary of State for the Environment: CA 1993
The applicant sought to allow the roof of its store to be used as a helicopter landing pad, and sought a lawful use certificate. It asserted that such a use was incidental to its main normal use. The secretary of state refused a certificate, against the inspector’s advice, saying that such a use was not … Continue reading Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002
The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010
The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country Planning (Scotland) Act 1972. Held: Before the Acts of Union, Scots law … Continue reading Lord Advocate v Dumbarton District Council: HL 1989
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
Application under section 288 of the Town and Country Planning Act 1990 by the local planning authority to quash the appeal decision of an inspector granting planning permission for the use of land at OS Field 5566, Hall Villa Lane, Toll Bar, Doncaster, as a private gypsy caravan site for ten plots. Judges: Mr George … Continue reading Doncaster Metropolitan Borough Council, Regina (on The Application of) v The First Secretary of State and Another: Admn 19 Feb 2007
The issue in this application is the way in which the Secretary of State should approach an appeal made under Section 78 of the Town and Country Planning Act 1990 where the local planning authority is of the view there has been no valid planning application. Is he entitled to substitute his own view of … Continue reading Blackmore, Regina (on The Application of) v Parliamentary and Health Service Ombudsman: Admn 18 Dec 2008
The claimant sought to have quashed an inspector’s decision not to grant retrospective planning permission for an extesion built to his property. Judges: Supperstone J Citations: [2014] EWHC 2729 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 16 October 2022; Ref: scu.535540
Referendum for neighbourhood development plan. Judges: Foskett J Citations: [2015] EWHC 2311 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 Sch 4B Jurisdiction: England and Wales Planning Updated: 03 September 2022; Ref: scu.550948
Appeal by case stated from rejection of complaint of breach of enforcement notice. Citations: [2014] EWHC 4550 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 179(1) Jurisdiction: England and Wales Planning Updated: 11 August 2022; Ref: scu.542579
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which … Continue reading Jelson Ltd v Derbyshire County Council: CA 1 Aug 1999
The claimant appealed an award of the Lands Tribunal of compensation for an order discontinuing his use as a slaughterhouse of premises of which he held a long lease. The tribunal had applied a discount for wastage on sheep carcasses of 25%, but had had no evidence to support their conclusion, and the figure proposed … Continue reading Mohammed Aslam v South Bedfordshire District Council: CA 21 Dec 2000
statutory review pursuant to s.288 of the Town and Country Planning Act 1990 in respect of the Decision Letter dated 23 January 2018 of the first defendant Secretary of State’s Inspector, Mr Brendan Lyons. By that decision he allowed the appeal of the second and third defendants, Dr and Mrs Parsons, against the claimant council’s … Continue reading Newark and Sherwood District Council v The Secretary of State for Housing, Communities and Local Government and Others: QBD 19 Jul 2018
Citations: [1996] EWHC Admin 107 Links: Bailii Statutes: Town and Country Planning Act 1990 54A Planning Updated: 25 May 2022; Ref: scu.136655
The defendant company was accused of felling a tree in breach of a tree preservation order. Recorder Zucker QC had ruled held that the prosecution did not have to prove that the tree in question was not dying, or dead or dangerous or creating a nuisance. It was for the defendant to establish one or … Continue reading Regina v Alath Construction Ltd: CACD 1990
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
A finding by the local planning authority that applications for listed buildings consent and planning permission were invalid, was not sufficient to exclude the right of the applicant to appeal to the Secretary of State against that finding of validity. This was in accordance with the broad purposes of the planning legislation despite apparently inconsistent … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council: CA 3 Jun 1999
The term ‘knowledge or consent’ is to be construed disjunctively. The absence of consent is a defence. Citations: Times 06-Jul-1993, Ind Summary 12-Jul-1993 Statutes: Town and Country Planning Act 1990 224-5 Jurisdiction: England and Wales Planning Updated: 10 May 2022; Ref: scu.80255
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision made by a Planning Inspector Judges: Mr Justice Singh Citations: [2014] EWHC 4555 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 10 May 2022; Ref: scu.542567
Land on a farm had been used intermittently for many years as an airfield. The local authority issued two enforcement notices, one in respect of a building used as a hangar, and one for unlawful change of use from domestic and agricultural purposes to use for domestic purposes and as an airfield. The inspector allowed … Continue reading Secretary of State for the Environment, Transport and the Regions and another v Thurrock Borough Council: CA 27 Feb 2002
A local plan could itself be challenged by an application under the Act, but that section could not properly be used to challenge a decision by the local authority not to hold an inquiry before adopting the plan. Where the process had concluded, and appeal was appropriate, but where it had not got to that … Continue reading First Corporate Shipping Ltd (T/A Bristol Port Co) v North Somerset District Council: CA 15 Jun 2001
The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to oblige the chief constable to provide the level of support requested. Held: The … Continue reading Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982
Judges: Lord Carlile of Berriew QC Citations: [2009] EWHC 829 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 Jurisdiction: England and Wales Planning Updated: 05 May 2022; Ref: scu.341855
Nicholls LJ discussed the nature and enforcement of agreements under section 106 of the 1990 Act, saying: ‘A section 106 agreement may be enforced against the original covenantor in contract, and against successors in title to the original convenantor by virtue of sub.(2). Enforcement is a matter solely for the local planning authority, and there … Continue reading Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990
The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order. Held: The court noted that no person had yet been served with any documents, and that the legal landscape … Continue reading London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020
The parties disputed the validity of the time-limit condition (condition 1), which required the ‘development to which this permission relates’ to be begun within three years. Held: The Court upheld the inspector’s decision that this condition was invalid, in circumstances where the relevant ‘development’ had been carried out many years before. Lewison LJ said: ‘I … Continue reading London Borough of Lambeth v Secretary of State for Communities and Local Government and Others: CA 20 Apr 2018
Compensation – Blight Notice – preliminary issue – whether blighted land – detached bungalow said by claimants to be blighted by proposed A5 by-pass – whether identified for the purposes of a relevant public function in a development plan document – Town and Country Planning Act 1990 section 151(4)(a) Citations: [2020] UKUT 276 (LC) Links: … Continue reading McEvoy and Another v Warwickshire County Council: UTLC 26 Oct 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
UTLC COMPENSATION – preliminary issues – Town and Country Planning Act 1990 ss. 97 and 107 – basis for calculation of compensation – 1951 planning permission for mining on Portland – permission becoming subject to procedure for the review of old mineral planning permissions (ROMP) under Environment Act 1995 Sched. 13 – designation of part … Continue reading Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014
The court was asked as to the effect of section 180 in the context of an application for a certificate of lawful use under section 191 of the Act. Gilbart J [2015] EWHC 2194 (Admin) Bailii Town and Country Planning Act 1990 180 191 Planning Updated: 03 January 2022; Ref: scu.550825
The grant of a permission to appeal on a second occasion was not to be quashed under the 1999 Act. John Howell QC HHJ [2015] EWHC 2094 (Admin), [2015] WLR(D) 319, [2015] 1 WLR 4333 Bailii, WLRD Access to Justice Act 1999 55(1), Town and Country Planning Act 1990 289(6) Planning, Litigation Practice Updated: 02 … Continue reading Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015
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
The complainant has requested information contained in the Town and Country Planning Act 1990 and the Town and Country Planning (Use Classes) Order 1987 (as amended). The Commissioner finds that the requested information is reasonably accessible to the public as it is contained in published legislation. The Commissioner has therefore decided that the Planning Inspectorate … Continue reading Planning Inspectorate (Central Government): ICO 15 Jul 2015
The landowner appealed against an enforcement notice, saying that though she kept a large number of dogs (44), this was for domestic pleasure purposes, and was only incidental to the use as a private domestic dwelling.
Held: The appeal failed. . .
BLIGHT NOTICE – Hinkley Point C Connection Project – rights acquired over garden and out building of house in rural location – existing pylons to be removed – new pylons and underground high voltage cables to be installed – whether property blighted . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
