Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill. The claimant objected that this could only be achieved by primary legislation, and that pending such it was wrong to allow the respondent to … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 10 Nov 2010
Judges: Dove J Citations: [2018] EWHC 1933 (Admin), [2018] WLR(D) 491 Links: Bailii Statutes: Town and Country Planning Act 1990 79 Jurisdiction: England and Wales Planning Updated: 25 April 2022; Ref: scu.620654
The complainant has requested information , generated by the prosecution of offences under section 179 of The Town and Country Planning Act 1990 , by London Borough of Haringey Council. The Commissioner’s decision is that London Borough of Haringey Council correctly relied on section 12 (costs) not to meet the complainant’s request for information . … Continue reading London Borough of Haringey (Local Government): ICO 20 Oct 2021
Secretary of State may take accounts of events after original decision when taking appeal. Citations: Times 10-Feb-1995 Statutes: Town and Country Planning Act 1990 Sch 9 #3 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.87977
‘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
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
The appellants, owners of a motor sport racing circuit, appealed against a finding that their activities constituted a nuisance, given that they had planning permissions for the use. Held: The appeal succeeded. The judge had erred in holding that the actual use of the Stadium and the Track over a number of years, with planning … Continue reading Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012
Citations: [2002] EWCA Crim 753 Links: Bailii Statutes: Town and Country Planning Act 1990 179(2) Jurisdiction: England and Wales Crime Updated: 11 August 2022; Ref: scu.657493
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
The land owners had sought permission to fell an oak tree subject to a tree preservation order in order to prevent further damage from its roots. Held: The council’s appeal succeeded. The court was asked to decide whether any works to the tree could be said to be necessary if there were other possible works … Continue reading Perrin and Another v Northampton Borough Council and others: CA 19 Dec 2007
The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies. Held: The stop-notice regime was not discriminatory. A government was given a … Continue reading Wilson, Regina (on the Application of) v Wychavon District Council and Another: CA 6 Feb 2007
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken. Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not during a defence on enforcement. In looking at Part VII of the Act, the scheme of enforcement … Continue reading Regina v Wicks: HL 21 May 1997
The applicant owned a health farm. Permission was sought to develop adjoining land, and the applicant objected unsuccessfully, but the Secretary of State then called in the decision. In the meantime, the applicant sought judicial review of the council’s decision, saying that the council had given weight to an irrelevant matter. The application failed. The … Continue reading Regina v Bedfordshire County Council ex parte Henlow Grange Health Farm Ltd: Admn 13 Mar 2001
When an enforcement notice had been served, it was enough evidence in the circumstances that the person served was an owner of the land within the Act to show that he had applied for change of use of the land stating that he was the owner of the land Citations: Gazette 25-Nov-1998, [1998] EWHC Admin … Continue reading Walton v Sedgefield Borough Council: Admn 16 Nov 1998
Citations: [1997] EWHC Admin 956 Links: Bailii Statutes: Town and Country Planning Act 1990 Planning Updated: 26 May 2022; Ref: scu.137901
Judges: Forbes J Citations: Gazette 14-Mar-2002 Statutes: Town and Country Planning Act 1990 320 (2), Local Government Act 1972 259(5) Jurisdiction: England and Wales Planning, Costs Updated: 19 May 2022; Ref: scu.167981
Failure to comply with notice of breach of condition did not prevent reliance in criminal proceedings on failure to serve the notice of breach within time limit. Citations: Times 10-Apr-1998 Statutes: Town and Country Planning Act 1990 187A Planning Updated: 19 May 2022; Ref: scu.79964
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
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
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
Application under section 288 of the Town and Country Planning Act 1990 quashing the decision of the Inspector appointed by the first respondent, dismissing the application for residential and Class B and employment development Citations: [2009] EWHC 2187 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 07 May 2022; Ref: scu.374379
A defendant facing a charge of not complying with an enforcement notice may not challenge the validity of the notice upon which the enforcement proceedings are based by asserting it to be unreasonable. Citations: Gazette 07-Jun-1995, Independent 11-May-1995, Times 19-Apr-1995 Statutes: Town and Country Planning Act 1990 179 (1) Jurisdiction: England and Wales Citing: Appealed … Continue reading Regina v Wicks: CACD 19 Apr 1995
The applicant owned land in the green belt. The local authority set out a structure plan proposing 5,000 homes in the green belt. The applicant sought amendments to increase the number saying there was insufficient urban land. An examination-in-public panel proposed the original number and the local authority confirmed it. The applicant sought a review … Continue reading Kingsley v Secretary of State for the Environment Transport and the Regions and Another: QBD 23 Nov 2000
The owner of land is not liable under an enforcement notice charge under section 179 (4), but under section 179 (1). Citations: Times 19-May-1994 Statutes: Town and Country Planning Act 1990 179(1) 179 (4) Land, Planning Updated: 08 April 2022; Ref: scu.81450
Assessment of compensation after withdrawal of permission after works begun. Citations: Gazette 20-May-1992 Statutes: Town and Country Planning Act 1990 Jurisdiction: England and Wales Planning Updated: 23 March 2022; Ref: scu.79275
The appellant Council, appealed by way of case stated against the decision of lay justices to acquit the first respondent of two offences of breaching an enforcement notice it had issued against the change of use of a property to two self-contained flats without planning permission. Cranston J [2016] EWHC 1043 (Admin) Bailii Town and … Continue reading London Borough of Newham v Miah and Another: Admn 6 May 2016
A ‘shop window’ for planning purposes means a window in a shop through which the shop or the wares of the shop can be seen. Times 02-Jan-1998, [1997] EWHC Admin 1015 Town and Country Planning Act 1990 224(3) England and Wales Planning Updated: 03 January 2022; Ref: scu.137960
A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission. Held: As a matter of law, the developer was, after the reserved matters approval perfected the Second Planning Permission, able to elect … Continue reading Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014
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 defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010
The council appealed against the inspector’s decision to quash its enforcement notice. The land-owner occupied a wooden structure which he said was a caravan, but the council said was a residence and an unlawful change of use of agricultural land. . .
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision of the Secretary of State, contained in a decision letter to refuse planning permission for a hotel, golf club house, driving range and community centre at . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
