The landowner applied for planning permission to erect an extension. The Inspector rejected the application on the basis that the privacy and outlook of the neighbouring property would be adversely affected. His inspection had been limited, and had incorrectly thought that the neighbour’s land included a patio area when it was in fact a flat … Continue reading McGowan v Secretary of State for Transport, Local Government and the Regions: Admn 18 Mar 2002
The applicant sought planning permission to pull down some buildings formerly used as a mushroom farm. The application was refused on the ground that it would remain available for industrial use. The applicant contended it would be low grade use. The inspector found that the dilapidated condition of the buildings made it unlikely that any … Continue reading Edward Ware New Homes Ltd v Secretary of State for the Environment, Transport and the Regions: Admn 19 Dec 2001
The applicant sought residential use of one plot of land. The authority designated it for employment use, and took land out of the Green belt for housing. After a Unitary Development Plan enquiry, the applicant appealed again, and the inspector made certain findings and recommendations. The Authority went ahead with the UDP. Held: The Authority … Continue reading St Paul’s Development Ltd v Gateshead Metropolitan Borough Council and another: QBD 31 May 2000
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 applicant sought permission to build houses. The application was not determined, and the applicant took it to an inquiry. The Authority objected to the extent of the development, suggesting that two houses only was appropriate. Other objectors suggested that no development should be allowed under policies H14 and GE4. The inspector’s refusal was overturned … Continue reading JS Bloor (Measham) Ltd v Secretary of State for Environment Transport and the Regions: QBD 12 Jul 2001
The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been issued in error, but the claimant asserted that the council were estopped from refusing the certificate. The inspector … Continue reading Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002
The grant of a temporary planning consent destroys the possibility of granting an existing use certificate. Citations: Gazette 22-Feb-1995, Times 03-Jan-1995, Ind Summary 27-Feb-1995 Statutes: Town and Country Planning Act 1990 191 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.78080
A decision turning down an application but refusing costs order also was not inconsistent with allowing that the general need for housing did not displace need for green belt preservation. Citations: Gazette 10-Jun-1998 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.78328
The local authority sought to remove forty families of Irish travellers and gypsies residing on unauthorised sites in their district. Judges: Collins J Citations: [2008] EWHC 987 (Admin), [2008] 19 EG 205, [2008] NPC 59, [2008] JPL 1787 Links: Bailii Statutes: Town and Country Planning Act 1990 8178 Jurisdiction: England and Wales Planning Updated: 22 … Continue reading Mccarthy and others v Basildon District Council: Admn 9 May 2008
Judges: Rix LJ, Keene LJ, Hughes LJ Citations: [2007] EWCA Civ 864 Links: Bailii Statutes: Town and Country Planning Act 1990 285(1) Jurisdiction: England and Wales Citing: See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007 Request for injunction to restrain breach of enforcement notice. . . See Also – Challinor v Regina CACD … Continue reading Staffordshire County Council v Challinor and Another: CA 17 Aug 2007
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
Replacing old buildings with new ones in a National Park would set a bad precedent. Citations: Times 19-Jul-1993 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.78575
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 Council appealed against decision of the Magistrates Court rejecting its claim of the breach of planning law by the placing of motor vehicles on the respondent’s land. Judges: Munby LJ, Langstaff J Citations: [2010] EWHC 2929 (Admin) Links: Bailii Statutes: e Town and Country Planning (Control of Advertisements) (England) Regulations 2007 SI 2007/783 4, … Continue reading Calderdale Metropolitan Borough Council v Windy Bank Dairy Farm Ltd and Another: Admn 12 Nov 2010
Ms Bown had been granted conditional planning permission for an extension. That extension later came to be used as a separate dwelling in breach of the condition. The Council sought to enforce the condition. The defendant appealed the enforcement notice, and the inspector held the condition to be invalid, and that any enforcement had to … Continue reading Arun District Council v First Secretary of State and Another: QBD 5 Oct 2005
Judges: Rix, Hughes, Keene LLJ Citations: [2007] EWCA Crim 2102 Links: Bailii Statutes: Town and Country Planning Act 1990 172 Jurisdiction: England and Wales Citing: See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007 Request for injunction to restrain breach of enforcement notice. . . Cited by: See Also – Staffordshire County Council v … Continue reading Challinor v Regina: CACD 17 Aug 2007
Challenge to decision of the council to take direct action to enforce planning notice. Held: The Council’s decision had been lawfully and properly reached, so that the challenge to the enforcement notices failed. Judges: Pill LJ, Lloyd LJ, Moses LJ Citations: [2009] EWCA Civ 13, [2009] JPL 1074, [2009] NPC 10, [2009] 4 EG 117 … Continue reading Basildon District Council v McCarthy and others: CA 22 Jan 2009
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for a year. The claimants now said that it was unlawful of the council to use … Continue reading Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
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
Permission had been given for residential development of land provided that access was provided. The access specified was to be over land owned by the council. It was known that the Council would not allow such access. The land owner sought an order that the permission should stand but without the condition. The Secretary had … Continue reading British Railways Board v Secretary of State for the Environment and Another: HL 29 Oct 1993
An enforcement notice was served on the land owner alleging change of use from agricultural to the storage of building materials and waste and agriculture. The plan incorrectly included the applicant’s house. The applicant challenged the enforcement notice, but failed before the magistrates and on a case stated. The error did not mean that the … Continue reading Bracken v East Hertfordshire District Council: QBD 11 May 2000
The landowner had applied for and had been refused change of use from an agricultural building to residential land. He subsequently applied for similar permission in respect of a goat shed. The council failed to determine his application, and the inspector refused it. He alleged a failure to take proper account of the relevant development … Continue reading Bridle v Secretary of State for the Environment Transport and the Regions: QBD 16 Nov 2000
The claimant sought to object to an inspector’s decision to allow erection of a telecommunications mast. The failure of the inspector to consider potential health risks was not open to criticism because the claimant’s papers had made no reference to such risks. A technical report which might have been considered had not been submitted, and … Continue reading Anscomb v Secretary of State for Environment Transport and the Regions: QBD 22 Feb 2001
There is no inherent restriction on the powers in section 178 to prevent a planning authority using them for the purposes of evicting people using land for a residential purpose in breach of an enforcement notice which had taken effect. It would not always be disproportionate to use them for that purpose. The court set … Continue reading Regina (O’Brien) v Basildon District Council: Admn 2006
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
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
Where the inspector allowed an appeal against refusal of permission, finding exceptions to the structure plan, the Local Authority appealed. Held: The appeal was refused as the inspector had given proper weight to the statutory considerations and was entitled to his conclusion. Citations: Gazette 24-Feb-1999 Statutes: Town and Country Planning Act 1990 54A Jurisdiction: England … Continue reading Bedford Borough Council v Secretary of State for the Environment, Transport and the Regions et Al: QBD 24 Feb 1999
A larch tree overhung a garden, but was protected by a tree preservation order. The inspector declined authority to lop it on the basis of its value to the amenity. The Secretary overruled this but his decision was, in turn, set aside by the court on the basis that it was first too indistinct to … Continue reading Richmond Upon Thames London Borough Council v Secretary of State for Environment Transport and the Regions and Another: QBD 15 Mar 2001
The respondent council prepared a structure plan for an area enclosing its own and the claimant’s area. The plan said that housing needs could not be met within its won area, and proposed a strategic development area (SDA). A later study suggested that the borough’s requirements could be met within it’s own boundaries, and the … Continue reading South Northamptonshire Council v Northamptonshire County Council: Admn 20 Dec 2001
The only legitimate expectation of a party awaiting determination of an application for permission was that current policies would be applied. An applicant awaiting a decision on permanent dwelling for agricultural land had no right to continue temporary home. Citations: Gazette 21-Apr-1999 Statutes: Town and Country Planning Act 1990 288 Planning Updated: 08 April 2022; … Continue reading Boyle v Secretary of State for the Environment Transport and the Regions and An: QBD 21 Apr 1999
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
VALUE ADDED TAX – Refund on construction of building – Original planning permission for annex – Building Control required further work to be done on basis was new dwelling – Appellant carried out works – Retrospective planning permission for new dwelling granted – Local authority would not use its powers under s.73A of the Town … Continue reading Watson v Revenue and Customs: FTTTx 22 Oct 2010
The land-owner sought an existing use cerificate for the Dunsford Park Aerodrome. Foskett J [2013] EWHC 1878 (Admin) Bailii Town and Country Planning Act 1990 Planning Updated: 15 November 2021; Ref: scu.512131
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant sought a injunction to restrain the defendant council from executing enforcement notices regarding the use of the claimant’s land for residence by several traveller families. He argued that the council had failed to state its exact intentions on enforcement, and that it was feared that it would exceed the steps necessary for enforcement. … Continue reading Egan v Basildon Borough Council: QBD 26 Sep 2011
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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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
