Tag Archives: Planning
Heath and Hampstead Society, Regina (on the Application of) -v- Camden; Admn 3-Apr-2007
The claimant sought the quashing of a planning permission for the demolition of property adjacent to Hampstead Heath pond.Held: The planning authority’s decision that the replacement dwelling was not ‘materially larger’ than its predecessor, within the meaning of a policy, … Continue reading
Filed under Planning
Regina (Westminster City Council) -v- British Waterways Board; HL 1985
The tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, … Continue reading
Filed under Landlord and Tenant, Planning
Regina -v- Leominster District Council ex parte Pothecary; CA 28-Oct-1997
A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission.Held: The fact that a building has already been constructed before planning permission … Continue reading
Filed under Agriculture, Planning
Wright and Another -v- Horsham District Council; UTLC 22-Aug-2011
UTLC COMPENSATION – tree preservation order – cracks appearing in house – refusal of consent to fell three oak trees – claim for cost of underpinning works, distress and inconvenience – whether damage caused by tree roots – whether evidence … Continue reading
Westminster Bank Limited -v- The Minister for Housing and Local Government, Beverley Borough Council; HL 1971
The Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways … Continue reading
Filed under Local Government, Planning
Tesco Stores Ltd -v- Secretary of State for the Environment and Others; HL 21-Jun-1995
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 swction 106 agreement full funding for a … Continue reading
Filed under Planning
Northavon District Council -v- Secretary of State for the Environment, Trustees of the Congregation of Jehovah’s Witnesses; QBD 1993
The trustees sought permission to erect a religious meeting place on Green Belt Land, which was refused. They said the council had failed to treat it as an ‘institution standing in extensive grounds’ within PPG2 (1988). The inspector said there … Continue reading
Filed under Planning
Horsham District Council -v- The Secretary of State for the Environment & Another; Admn 13-Oct-1989
The court asked whether a traditional gypsy who had lived permanently on a site for a long time, was a gypsy within section 16 and entitled to be excepted from local planning policy restraint on development.Held: The criterion ‘nomadic way … Continue reading
Filed under Planning
Tesco Stores Ltd -v- Dundee City Council; SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites … Continue reading
Horsham District Council -v- The Secretary of State for the Environment; CA 1991
The council had refused planning permission for a petrol station and restaurant nearby an area of outstanding natural beauty, designated as a strategic gap in the county structure plan. The inspector had allowed the appeal, finding that the development would … Continue reading
Filed under Planning
