swarb.co.uk - law index
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Planning - From: 1998 To: 1998
This page lists 124 cases, and was prepared on 02 April 2018.
Regina v Bolton Metropolitan Council, ex parte Kirkman [1998] Env LR 560
1998
Carnwath J
Planning
1 Citers
Colin Shaw v The Secretary Of State For The Environment And Wirral Metropolitan Borough Council [1998[ EWHC Admin 9
13 Jan 1998
Admn
Planning
[ Bailii ]
Regina v Caerphilly County Borough Council ex parte Caroline Vega [1998] EWHC Admin 50
22 Jan 1998
Admn
Planning
[ Bailii ]
Bannertown Developments Limited v Secretary of State for Environment v Cotswold District Council and Kimberley Securities Plc [1998] EWHC Admin 49
22 Jan 1998
Admn
Planning
[ Bailii ]
Rexworthy and others v Secretary of State for Enviroment and Leominister District Council [1998] EWHC Admin 59
23 Jan 1998
Admn
Planning
1 Cites
[ Bailii ]
Regina v Joseph Holder and Susan Hannah Holder Secretary of State for Environment and Barnet Borough Council [1998] EWHC Admin 56
23 Jan 1998
Admn
Planning
[ Bailii ]
Celia Ann Field v Secretary of State for Environment and Amber Valley Borough Council [1998] EWHC Admin 53
23 Jan 1998
Admn
Planning
[ Bailii ]
Regina v Broadland District Council St Matthew Society Limited; Peddars Way Housing Association; ex parte Christopher Robert Dove Richard William Harpley; Colin Wright; [1998] EWHC Admin 62; [1998] PLCR 119; [1998] NPC 7
26 Jan 1998
Admn
Planning
1 Cites
[ Bailii ]
Regina v North Yorkshire County Council ex parte Marilyn Brown and Leslie Cartwright [1998] EWCA Civ 84
27 Jan 1998
CA
Planning
Mining permissions.
[ Bailii ]
Linden Prescott Dyason v Secretary of State for Environment and Chiltern District Council [1998] EWCA Civ 91
28 Jan 1998
CA
Planning
[ Bailii ]
Mills v Secretary of State for the Environment and the Regions and Another; QBD 28-Jan-1998 - Gazette, 28 January 1998
Hever Golf Club v Secretary of State for the Environment and Sevenoaks District Council Gazette, 28 January 1998
28 Jan 1998
QBD
Planning
Appeal against refusal of permission to re-use building with green belt properly decided where Inspector had referred to necessary elements.
Regina v Epping Forest Borough Council ex parte Philcox; Admn 29-Jan-1998 - [1998] EWHC Admin 100
Nourish v Adamson [1998] EWHC Admin 109
29 Jan 1998
Admn
Schiemann LJ
Planning
1 Cites
[ Bailii ]
Regina v Commissioner for Local Administration ex parte David Turpin and Lynda Turpin [1998] EWHC Admin 97
29 Jan 1998
Admn
Moses J
Planning, Local Government
[ Bailii ]
Dyason v Secretary of State for the Environment and Another Times, 09 February 1998
9 Feb 1998
CA
Planning
New more informal procedure must not be allowed to take away objectors chance to test opponents case by cross examination.
Department of Environment Circular 15/96 Planning Appeal Procedures
Mayor and Burgesses of London Borough of Newham v Brentwood Borough Council [1998] EWHC Admin 161
10 Feb 1998
Admn
Planning
[ Bailii ]
Aylesbury Vale District Council v Secretary of State for Environment v JF Summerfield [1998] EWHC Admin 164
11 Feb 1998
Admn
Planning
[ Bailii ]
Cowen v Secretary of State for Environment and Peak District National Park Authority [1998] EWHC Admin 169
12 Feb 1998
Admn
Planning
1 Citers
[ Bailii ]
Regina v Denbighshire County Council; Cowley ex parte Rowlandson and Rowlandson [1998] EWHC Admin 170
12 Feb 1998
Admn
Planning, Costs
[ Bailii ]
Regina v East Hertfordshire District Council; Secretary of State for Environment and Secretary of State for Transport and Regions; and Richardson ex parte Beckham; Admn 12-Feb-1998 - [1998] EWHC Admin 172
Moore v Secretary of State for Environment and New Forest District Council Times, 18 February 1998; [1998] EWCA Civ 235; [1998] JPL 877; (1999) 77 P & CR 114; [1998] 2 PLR 65; [1998] NPC 20
18 Feb 1998
CA
Nourse, Pill, Thorpe LJJ
Planning
The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority issued an enforcement notice alleging a material change of use from residential to mixed use of residential and as ten units of holiday accommodation. If the change of use of each of the units was a change of use to a single dwelling-house the enforcement notice was not served within the four year time-limit in section 171B(2) of the Act. Held: The conversion of an outhouse on a country estate into ten separate dwellings was not one single conversion with ten year use limitation, but the four year limit applied.
Nourse LJ said: "In my judgment, McCullough J's approach to the meaning of "dwellinghouse" was entirely correct. Although we were not referred to any of the many other decisions on the meaning of that word in other areas of the law, I am confident that an examination of them would reveal no requirement that before a building can be so described it must be occupied as the permanent home of one or more persons or the like. Nor do 10 self-contained units of residential accommodation which would otherwise be properly described as 10 single dwelling houses cease to be used as such because they are managed as a whole for the commercial purpose of holiday or other temporary lettings. Accordingly, I am satisfied that the Secretary of State applied an incorrect test in this case and that if he had applied the correct test, he could only have properly concluded that the 10 units are being used as 10 single dwellinghouses within section 171B(2) of the Act."
Town and Country Planning Act 1990 171B(2)
1 Cites
1 Citers
[ Bailii ]
Haddow v Secretary of State for the Environment Gazette, 18 February 1998
18 Feb 1998
QBD
Planning
No relationship importing duty of care between planning applicant and Secretary of State as to development of site and proposals.
Regina v North Devon District Council ex parte Geoffrey Michael Tarn Elizabeth Tarn [1998] EWHC Admin 216
20 Feb 1998
Admn
Planning
[ Bailii ]
West Lancashire District Council v Secretary of State for Environment and Other [1998] EWHC Admin 238
25 Feb 1998
Admn
Malcolm Spence QC
Planning
The Council challenged the Inquiray complaining of the refusal by the Inspector at a Planning Inquiry to allow an adjournment of the Inquiry on the ground put strongly by the Council's solicitor, that their main expert witness could not give evidence owing to her ill health, and then omitted all reference in his decision letter to a salient part of her evidence.
[ Bailii ]
Boulevard Land Ltd v Secretary of State for Environment and Another [1998] EWHC Admin 243; [1998] JPL 983
27 Feb 1998
Admn
Planning
1 Cites
1 Citers
[ Bailii ]
Dido Berkeley v Secretary of State for Environment and Fulham Football Club Times, 02 March 1998; Times, 07 April 1998; [1998] EWCA Civ 217; [1998] EWCA Civ 218
2 Mar 1998
CA
Planning
Failure to obtain environmental statement did not vitiate planning decision where there had otherwise been a thorough and fair planning procedure. A finding that the Secretary had acted in breach of regulations governing procedure on planning appeals, was a factor to be allowed for when deciding costs even though it did not affect the outcome.
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)
[ Bailii ] - [ Bailii ]
West Lancashire District Council v Secretary of State for the Environment and Another Gazette, 05 March 1998
5 Mar 1998
QBD
Planning
Inspector could not refuse adjournment by accepting absent officer's report than make findings contrary to that report.
Regina v Secretary of State for Environment and Cherwell District Council ex parte Baroness Von Maltzahn [1998] EWHC Admin 281
9 Mar 1998
Admn
Planning
[ Bailii ]
Regina v Bristol City Council ex parte Anderson [1998] EWHC Admin 277
9 Mar 1998
Admn
Planning
1 Cites
[ Bailii ]
Asda Stores Ltd v Birmingham City Council [1998] EWHC Admin 295
11 Mar 1998
Admn
Planning
[ Bailii ]
Hobcraft v Secretary of State for Environment and Wealden District Council [1998] EWHC Admin 323
16 Mar 1998
Admn
Planning
[ Bailii ]
Cotswold District Council v Secretary of State for Environment and Simpson [1998] EWHC Admin 324
17 Mar 1998
Admn
Planning
[ Bailii ]
William Cook Estates and Northern Land Management Limited v Secretary of State for Environment and Redcar and Cleveland Borough Council and Somerfield Stores Limited; CA 18-Mar-1998 - [1998] EWCA Civ 487
Barnet Borough Council v Secretary of State for Environment and Alfred David Philip (As Personal Representative of Shyamala Philip) [1998] EWHC Admin 328
18 Mar 1998
Admn
Planning
Appeal against decision allowing change of use of property to use as a children's home.
[ Bailii ]
Leisure G B Plc v Secretary of State for Environment and Other Respondent [1998] EWHC Admin 337
19 Mar 1998
Admn
Planning
[ Bailii ]
Regina v Flintshire County Council ex parte Somerfield Stores Ltd [1998] EWHC Admin 336
19 Mar 1998
Admn
Planning
[ Bailii ]
Regina v Flintshire County Council ex parte Somerfield Stores Limited (2) [1998] EWCA Civ 548
26 Mar 1998
CA
Planning
[ Bailii ]
R F W Coppen and others (Trustees of the Thames Ditton Lawn Tennis Club) v Bruce-Smith [1998] JPL 1077; [1998] EWCA Civ 564; [1998] 77 P&CR 239
27 Mar 1998
CA
Planning
1 Citers
[ Bailii ]
Epsom Skip Hire Ltd v Secretary of State for Environment, Surrey County Council Gazette, 08 April 1998; [1998] EWHC Admin 377
31 Mar 1998
Admn
Planning
A planning inspector failing to make the appropriate reference in his decision to a document which went to the basis of the application for established use, made a fundamental error in that he did not comply with the need to explain his decision.
[ Bailii ]
Reid v Secretary of State for Environment and St Albans City and District Council [1998] EWHC Admin 383
1 Apr 1998
Admn
Planning
[ Bailii ]
McLean Homes Midland Limited v Secretary of State for Environment and Stafford Borough Council [1998] EWHC Admin 392
2 Apr 1998
Admn
Planning
[ Bailii ]
Al Wood-Robinson v Secretary of State for Environment and Council of London Borough of Wandsworth [1998] EWHC Admin 394
3 Apr 1998
Admn
Planning
1 Cites
[ Bailii ]
Lewes District Council v Secretary of State for Environment and Chaucer Estates Ltd and Peacehaven Valley Owners Ltd [1998] EWHC Admin 397
3 Apr 1998
Admn
Planning
[ Bailii ]
Dilietto v Ealing London Borough Council Times, 10 April 1998
10 Apr 1998
QBD
Planning
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.
Town and Country Planning Act 1990 187A
Torridge District Council v Jarrad Times, 13 April 1998
13 Apr 1998
QBD
Planning
The general defence of 10 year user, is not available to allegation of displaying advertisement unlawfully, since the offence arises under a different part of the Act, and the several parts of the Act are not to be read together.
Town and Country Planning Act 1990 171B(3)
Regina v Chiltern District Council and ex Parte: Linden Prescott Dyason [1998] EWCA Civ 680
21 Apr 1998
CA
Planning
[ Bailii ]
Peel Investments Limited v Bury Metropolitan Borough Council [1998] EWHC Admin 425
21 Apr 1998
Admn
Planning
1 Cites
1 Citers
[ Bailii ]
Regina v Chichester District Council ex parte Kirdford Conservation Society [1998] EWHC Admin 436
24 Apr 1998
Admn
Planning
[ Bailii ]
British Alcan Aluminium Plc v Secretary of State for Environment, Chiltern District Council [1998] EWHC Admin 446
27 Apr 1998
Admn
Planning
1 Cites
[ Bailii ]
Modern Homes (Whitworth) Limited T/a Bower Construction v Lancashire County Council Times, 14 May 1998; [1998] EWHC Admin 448
27 Apr 1998
Admn
Planning
After public examination of local structure plan, local authorities post-examination statement must answer all objections including those raised but not dealt with in argument in public at hearing.
Town and Country Planning Act 1990 287
[ Bailii ]
Regina v Solihull Borough Council ex parte Berkswell Parish Council [1998] EWHC Admin 460
28 Apr 1998
Admn
Sullivan J
Planning
[ Bailii ]
Morris and Perry Limited v Somerset County Council [1998] EWHC Admin 464
29 Apr 1998
Admn
Planning
[ Bailii ]
Saxby v Secretary of State for Environment, Westminster City Council Times, 18 May 1998; [1998] EWHC Admin 462
29 Apr 1998
Admn
Planning
The new established use procedure replaced entirely the old system of planning of saying whether or not application for permission for change of use was required.
Town and Country Planning Act 1990 191 192 193 194 195 196
[ Bailii ]
Jackson v Daventry District Council [1998] EWHC Admin 476
1 May 1998
Admn
Local Government, Planning
1 Cites
[ Bailii ]
Pye v Secretary of State for Environment and North Cornwall District Council; Admn 5-May-1998 - Gazette, 13 May 1998; [1998] EWHC Admin 483; [1998] 3 PLR 72
Regina v Ashford Borough Council ex parte Shepway District Council [1999] PLCR 12; [1998] EWHC Admin 488
7 May 1998
Admn
Keene J
Planning
The court set out the general rule in construing an outline planning permission which was clear, unambiguous and valid on its face. Regard could be had only to the planning permission itself and any conditions and the express reasons for them.
1 Citers
[ Bailii ]
Regina v Staffordshire Moorlands District Council and Telecom Securicor Cellular Radio Limited ex parte Kay Bartlam [1998] EWCA Civ 813
11 May 1998
CA
Planning
[ Bailii ]
William Cook Estates Ltd and Another v Secretary of State for the Environment and Others Times, 11 May 1998
11 May 1998
CA
Planning
The reasons given by the planning inspector should be detailed, but need not explain what might happen in every possible circumstance.
North Devon District Council v Secretary of State for Environment, D Rottenbury B E Rottenbury Times, 12 May 1998; Gazette, 28 May 1998; [1998] EWHC Admin 458
12 May 1998
QBD
Agriculture, Planning
A mandatory agricultural occupancy condition was not subject to a continuous breach when cottages were occupied over summer by visitors rather than by agricultural workers as required by the permission.
Town and Country Planning Act 1990 288
[ Bailii ]
Charles Church Development Limited v South Northamptonshire District Council and Secretary of State for Environment [1998] EWHC Admin 527
12 May 1998
Admn
Planning
[ Bailii ]
Arthur Sidney Petter; Monica Mary Williams v Secretary of State for Environment, Transport and Regions and Chichester District Council [1998] EWHC Admin 544
15 May 1998
Admn
Planning
The applicants challenged refusal to renew their three year temporary permission to occupy a mobile home on their land.
1 Cites
1 Citers
[ Bailii ]
Furness Cars and Commercials Limited v Secretary of State for Environment and and Barrow Borough Council [1998] EWHC Admin 569
20 May 1998
Admn
Planning
[ Bailii ]
Regina v Northampton Borough Council ex parte Rice and Co (Northampton) Ltd and Another Gazette, 20 May 1998
20 May 1998
QBD
Planning
A Council decision to approve an application for planning consent was not Wednesbury unreasonable since it had clearly investigated the application very fully and made a decision consistent with own policies.
Vestley Estates Limited v South Northamptonshire District Council Secretary of State for Environment Transport and Regions [1998] EWHC Admin 583
21 May 1998
Admn
Planning
[ Bailii ]
Main v Secretary of State for Environment and South Oxfordshire District Council [1998] EWHC Admin 590
22 May 1998
Admn
Planning
1 Cites
[ Bailii ]
Langley Park Boys School v Secretary of State for Environment and London Borough of Bromley [1998] EWHC Admin 594
27 May 1998
Admn
Planning
[ Bailii ]
Main v Secretary of State for the Environment and Another; QBD 3-Jun-1998 - Gazette, 03 June 1998
Samuel v Secretary of Secretary of State for Environment, Transport and Regions v South Gloucestershire District Council (Formerly Northavon District Council); Admn 4-Jun-1998 - [1998] EWHC Admin 605
Tiamiyu Adebayo Bello v Mayor and Burgesses of London Borough of Lewisham [1998] EWCA Civ 921
5 Jun 1998
CA
Planning
Appeal against enforcement.
[ Bailii ]
Chichester District Council v Secretary of State for Environment, Chartwell Land Properties Limited [1998] EWHC Admin 606
5 Jun 1998
Admn
Planning
[ Bailii ]
Belster Properties Ltd v Secretary of State for the Environment and Another Gazette, 10 June 1998
10 Jun 1998
QBD
Planning
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.
Town and Country Planning Act 1990 288
Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore); CA 11-Jun-1998 - Gazette, 15 July 1998; Times, 01 July 1998; Gazette, 17 June 1998; [1998] EWCA Civ 976; 1999] QB 1144
Oxford Diocesan Board of Finance and West Oxfordshire District Council and Secretary of State for Environment Transport and Regions [1998] EWHC Admin 629
11 Jun 1998
Admn
Planning
Application to quash local plan.
[ Bailii ]
Westminster City Council v Moran; Admn 12-Jun-1998 - Times, 14 October 1998; [1998] EWHC Admin 637
Regina v Caerphilly County Borough Council ex parte Caroline Vega [1998] EWCA Civ 1004
15 Jun 1998
CA
Planning
[ Bailii ]
Alfred Mcalpine Homes Northumbria Limited v Darlington Borough Council and Yuill Developments Limited v Darlington Borough Council; Admn 18-Jun-1998 - [1998] EWHC Admin 646
In the Matter of an Application for Judicial Review R v Commissioner for Local Administration ex parte David Turpin and Lynda Turpin [1998] EWCA Civ 1052
22 Jun 1998
CA
Local Government, Planning
[ Bailii ]
Elizabeth Jackson v Secretary of State for Environment; High Peak Borough Council and and J Milner ( for Planning Permission) [1998] EWHC Admin 657
23 Jun 1998
Admn
Planning
[ Bailii ]
Kent County Council v Curtis Gazette, 24 June 1998; [1998] EWHC Admin 639
24 Jun 1998
QBD
Planning, Magistrates
Advertisements placed by a roadway outside a shop were properly found by magistrates not to cause an obstruction, nor to be unsafe or any danger. Magistrates were wrong to seek to alter their decision when stating their case for the divisional court.
[ Bailii ]
Regina v Milton Keynes Borough Council, and Greene King Plc, ex parte Wavendon Golf Centre Limited [1998] EWHC Admin 666
24 Jun 1998
Admn
Planning
[ Bailii ]
Regina v Torbay Borough Council ex parte Chung Tak Lam [1998] EWHC Admin 671
25 Jun 1998
Admn
Planning
[ Bailii ]
Polhill Garden Centre Limited v Secretary of State for Environment and Sevenoaks District Council [1998] EWHC Admin 670
25 Jun 1998
Admn
Planning
[ Bailii ]
Eric David Cowen v Secretary of State for Environment and Peak District National Park Authority [1998] EWCA Civ 1127
1 Jul 1998
CA
Planning
1 Cites
1 Citers
[ Bailii ]
Samuel v Secretary of State for the Environment and Another Gazette, 01 July 1998
1 Jul 1998
QBD
Planning
Inspector's decision that any residential use of a caravan involved change of use was not sustainable by use as kitchen for staff in cattery. Notice to remove the caravan went beyond what was needed; but notice re unmoved green belt encroachment was upheld.
1 Cites
Nicholson v Bath and North East Somerset Council Gazette, 08 July 1998
8 Jul 1998
QBD
Planning
A Local Authority was not wrong for failing to follow a planning inspector's report rejecting district structure planning for future development of cycle ways. It had properly considered all the relevant points
Warnes and Overy Limited v Secretary of State for Environment and Waveney District Council [1998] EWCA Civ 1198
10 Jul 1998
CA
Planning
1 Cites
[ Bailii ]
Regina v Braintree District Council ex parte Freeport Leisure Ltd [1998] EWHC Admin 741
13 Jul 1998
Admn
Planning
[ Bailii ]
Wealden District Council v Nelson James Kruschandal [1998] EWCA Civ 1237
17 Jul 1998
CA
Planning
[ Bailii ]
Regina v Newbury District Council and Newbury and District Agricultural Society ex parte Chieveley Parish Council; CA 23-Jul-1998 - Times, 10 September 1998; Gazette, 03 September 1998; [1998] EWCA Civ 1279; [1999] PLCR 51
O'Brien v Croydon London Borough Council Times, 27 July 1998
27 Jul 1998
QBD
Planning, Media
A notice requiring discontinuance of an advertisement should be served on the company whose products were being advertised as the advertiser as well as the owner of the site. Failure to do so did not however vitiate prosecution where no prejudice was suffered.
Town and Country Planning (Control of Advertisements) Regulations 1992 (1992 No 666)
Regina v Stratford on Avon District Council ex parte Lane; CA 27-Jul-1998 - [1998] EWCA Civ 1303
Regina v London Borough of Bromley London Regional Properties Limited ex parte Crystal Palace Campaign and others [1998] EWHC Admin 790
27 Jul 1998
Admn
Planning
[ Bailii ]
Regina v London Borough of Bromley ex parte Crystal Palace Campaign and others [1998] EWHC Admin 787
27 Jul 1998
Admn
Planning
[ Bailii ]
Regina v Secretary of State for Environment, Transport and Regions ex parte Carter Commercial Developments Limited [1998] EWHC Admin 798
29 Jul 1998
Admn
Planning
1 Citers
[ Bailii ]
Colley v Secretary of State for Environment Canterbury City Council [1998] EWCA Civ 1339
30 Jul 1998
CA
Planning
[ Bailii ]
Daventry District Council v Secretary of State for Environment and Moulton Football Club [1998] EWHC Admin 830
3 Aug 1998
Admn
Planning
[ Bailii ]
Dealy v Secretary of State for Environment, Transport and Regions v North East Derbyshire District Council [1998] EWHC Admin 831
4 Aug 1998
Admn
Planning
[ Bailii ]
Regina v Terence Charles Measor The Secretary of State for Environment, Transport and Regions and Tunbridge Wells Borough Council [1998] EWHC Admin 837
6 Aug 1998
Admn
Planning
[ Bailii ]
Fairclough Homes Limited v Secretary of State for Environment and Colchester Borough Council [1998] EWHC Admin 838
7 Aug 1998
Admn
Planning
[ Bailii ]
Naylor Rawlings v Secretary of State for Environment and Basingstoke and Deane Borough Council [1998] EWHC Admin 839
7 Aug 1998
Admn
Planning
Appeal against dismissal of appeal against enforcement notice.
[ Bailii ]
Michale Delaney, Patrick Connors, Michale Connors v Secretary of State for the Home Department, Tandridge District Council [1998] EWHC Admin 841
8 Aug 1998
Admn
Planning
[ Bailii ]
Regina v Secretary of State for the Environment, Transport and the Regions ex parte West Sussex County Council Gazette, 26 August 1998
26 Aug 1998
QBD
Planning
A Regional Planning Guidance operated as guidance not restricting power to intervene in plans adopted from it. The Secretary of State had clearly considered the issues in his Examination in Public. It was wrong for the local authority to depart from it.
Burgemeester En Wethouders Van Haarlemmerlied En Spaarnwoude v Gedeputerde Staten Van Noord-Holland Gazette, 09 September 1998; C-81/96; Wcj/Cfi Bulletin 16/98, 28
9 Sep 1998
ECJ
Environment, European, Planning
Where a development which might have significant environmental impact was proposed it was necessary to ensure that an environmental impact assessment had been carried out. It was not open to member states to exempt some types of development.
Council Directive 90/313/EEC Freedom of Access to information on the environment.
Prowting Projects Limited v Wychavon District Council First and Secretary of State for Environment Transport and Regions Second [1998] EWHC Admin 886
15 Sep 1998
Admn
Planning
[ Bailii ]
Patrick Charles Lynch v Secretary of State for Environment and Basildon District Council [1998] EWHC Admin 888
22 Sep 1998
Admn
Planning
Application to quash enforcement notice.
[ Bailii ]
I'M Your Man Ltd v Secretary of State for the Environment Times, 25 September 1998
25 Sep 1998
QBD
Planning
An application for temporary planning permission for seven years had been made, but the grant made no mention of the temporary nature and it so became a permanent unqualified grant.
Bannertown Developments Limited v Secretary of State for Environment Cotswold District Council Kimberley Securities Plc [1998] EWCA Civ 1486
6 Oct 1998
CA
Planning
1 Cites
[ Bailii ]
Michael Shanley Group Limited v Secretary of State for Environment, Transport and Regions v Royal Borough Council of Windsor and Maidenhead [1998] EWHC Admin 949
13 Oct 1998
Admn
Planning
[ Bailii ]
Regina v Newport County Borough ex parte Avery [1998] EWHC Admin 959
14 Oct 1998
Admn
Richards J
Planning
[ Bailii ]
Geall v Secretary of State for Environment, Transport and Regions v Lewes District Council [1998] EWHC Admin 958
14 Oct 1998
Admn
Planning
[ Bailii ]
Newark and Sherwood District Council and Secretary of State for Environment, Transport and Regions and Stuart Mills [1998] EWHC Admin 966
15 Oct 1998
Admn
Planning
[ Bailii ]
Adur District Council v Secretary of State for Environment Transport and the Regions [1998] EWHC Admin 976
19 Oct 1998
Admn
Planning
1 Cites
1 Citers
[ Bailii ]
Geall v Secretary of State for the Environment Transport and the Regions and Another Gazette, 28 October 1998
28 Oct 1998
LT
Planning
In a long standing planning dispute the inspector refused an adjournment to allow further evidence to be gathered in rebuttal of new evidence brought on day of hearing. The evidence could have been brought knowing the council's published policies.
Regina v Torbay Borough Council ex parte Lam [1998] EWCA Civ 1627
28 Oct 1998
CA
Planning
[ Bailii ]
London Borough of Barnet v Secretary of State for Environment Transport and Regions, Furniture Village Plc and K F Group Plc [1998] EWHC Admin 1019
29 Oct 1998
Admn
Planning
[ Bailii ]
Lymington Precision Engineers and Co Limited v Secretary of State for Environment, Transport and Regions and New Forest District Council [1998] EWHC Admin 1057
9 Nov 1998
Admn
Planning
[ Bailii ]
Regina v Hambleton District Council, Ex Parte Somerfield Stores Ltd Gazette, 11 November 1998; [1998] EWHC Admin 1033
11 Nov 1998
Admn
Planning
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.
[ Bailii ]
South Buckinghamshire District Council and Secretary of State for Environment, Transport and Regions v Gregory [1998] EWHC Admin 1063
11 Nov 1998
Admn
Planning
[ Bailii ]
Regina v City and County of Swansea ex parte Granada Hospitality Limited [1998] EWHC Admin 1066
13 Nov 1998
Admn
Richards J
Planning
Challenge by way of judicial review to the grant of duplicate planning permissions.
[ Bailii ]
Manchester City Council v Mcloughlin and Mcloughlin [1998] EWCA Civ 1770
13 Nov 1998
CA
Planning
[ Bailii ]
Walton v Sedgefield Borough Council Gazette, 25 November 1998; [1998] EWHC Admin 1071
16 Nov 1998
Admn
Planning
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
Town and Country Planning Act 1990 179(2) - Town and Country Planning Act 1990 179(2)
[ Bailii ]
Interpub Ltd v Secretary of State for the Environment Transport and the Regions Gazette, 18 November 1998
18 Nov 1998
QBD
Planning
The Planning Inspector had properly decided against the grant of permission for change of use for top floors of pub to low cost hotel accommodation on the grounds of external noise which would be caused. No burden to grant subject to conditions.
Panton and Farmer v Secretary of State for Environment , Transport and Regions and and Vale of White Horse District Council Times, 21 January 1999; [1998] EWHC Admin 1138; [1999] 1 PLR 92
16 Dec 1998
Admn
Planning
When granting a certificate of lawful use and development, the inspector should include uses as primary even though the uses as such may be dormant at the time of the application unless the suspension of use was as a result of a loss of the right in law.
Town and Country Planning Act 1990 191
1 Citers
[ Bailii ]
