Search Results for: Localism Act 2011 1

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Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 10 Nov 2010

Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill.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

Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012

FTTTx Value Added Tax – Taxable person – Local authority – Provision of off-street car parking – Impact of exemption on relevant market – Distortion of competition – Whether local authorities taxable persons in respect of provision of such parking – Questions referred to ECJ for determination – Application of ruling of ECJ (Case C-288/07) … Continue reading Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012

The Manydown Company Ltd v Basingstoke and Deane Borough Council: Admn 17 Apr 2012

The claimant sought judicial review of the Council’s adoption of planning strategy documents. Held: The request was granted. Judges: Lindblom J Citations: [2012] EWHC 977 (Admin) Links: Bailii Statutes: Localism Act 2011 Jurisdiction: England and Wales Citing: Cited – Regina v Parliamentary Commissioner for Administration ex parte Balchin Admn 25-Oct-1996 The petitioners complained that the … Continue reading The Manydown Company Ltd v Basingstoke and Deane Borough Council: Admn 17 Apr 2012

City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997

The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the decision maker alone. Lord Clyde said: ‘In the practical application of section 18A, it will obviously … Continue reading City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997

St Gabriel Properties Ltd v London Borough of Lewisham and Another (Community Rights: Dismissed): FTTGRC 23 Jan 2015

CAMRA had applied for the inclusion of a public house within the community list of assets maintained by the defendant. Citations: [2015] UKFTT CR – 2014 – 0011 (GRC Links: Bailii Statutes: Localism Act 2011 Jurisdiction: England and Wales Local Government Updated: 26 July 2022; Ref: scu.542481

Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008

Statutory appeal by the Office of Government Commerce (the OGC) against two decisions of the Information Tribunal relating to gateway reviews carried out by the OGC of the Government’s identity card programme. Judges: Stanley Burnton J Citations: [2008] EWHC 774 (Admin), [2008] ACD 54, [2009] 3 WLR 627, [2010] QB 98 Links: Bailii Jurisdiction: England … Continue reading Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008

Her Majesty’s Attorney General v Punch Limited and another: HL 12 Dec 2002

A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of court. Held: The appeal failed. The purpose of the interlocutory injunction was not … Continue reading Her Majesty’s Attorney General v Punch Limited and another: HL 12 Dec 2002

Derbyshire Dales District Council (Local Government (District Council)): ICO 8 Dec 2016

The complainant has requested recorded information from Derbyshire Dales District Council. The requested information concerns a public house, owned by the complainant, which has been listed by the Council as an asset of community value (‘ACV’) under the Localism Act 2011. The Council’s decision to list the public house as an ACV is subject to … Continue reading Derbyshire Dales District Council (Local Government (District Council)): ICO 8 Dec 2016

Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999

Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make … Continue reading Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999

Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000

When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as to allow further building. He had obtained planning permission for the proposed development. When … Continue reading Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000

Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 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 section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

Harvey, Regina (on The Application of) v Ledbury Town Council and Another: Admn 15 May 2018

The claimant local councillor sought judicial review of a decision to restrict her conduct at the Council. She had been accused of bullying in her dealing with officials and other councillors. Held: The claim succeeded. The Council had failed to conduct the investigation in the manner required. The court identified several elements of the necessary … Continue reading Harvey, Regina (on The Application of) v Ledbury Town Council and Another: Admn 15 May 2018

Gullu, Regina (on The Application of) v The London Borough of Hillingdon: Admn 26 Jul 2018

Judges: Mostyn J Citations: [2018] EWHC 1937 (Admin) Links: Bailii Statutes: Localism Act 2011 Jurisdiction: England and Wales Cited by: Appeal from – Ward and Others, Regina (on The Application of) v The London Borough of Hillingdon and Others CA 16-Apr-2019 Challenge to housing policy as discriminatory against Irish travellers or Kurdish refugees. . . … Continue reading Gullu, Regina (on The Application of) v The London Borough of Hillingdon: Admn 26 Jul 2018

Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another: CA 23 Mar 2001

The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor. Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the appellant.The issue boiled down to whether an injunction could bind a third … Continue reading Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another: CA 23 Mar 2001

Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011

The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011

Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: CA 27 May 2011

The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such decisions would presently rest. The claimant appealed against rejection of its argument that that the letter was unlawful. … Continue reading Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: CA 27 May 2011

Ayannuga v Swindells: CA 6 Nov 2012

The tenant appealed against refusal of penalties impose for the non-securing of a tenants deposit. The deposit had been secured, and the court had found that the landlord had substantially complied with the notice requirements by matters in the tenancy agreement. Held: The tenant’s appeal was allowed. The judge had reached a conclusion quite outside … Continue reading Ayannuga v Swindells: CA 6 Nov 2012

Laker Airways v Department of Trade: CA 15 Dec 1976

Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: ‘guidance is assistance in reaching a decision proffered to him who has to make … Continue reading Laker Airways v Department of Trade: CA 15 Dec 1976

Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

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Russell v Bracknell Forest Borough Council and Punch Partnerships (PML) Ltd: UTAA 9 Mar 2022

The First-Tier Tribunal erred in law in a material manner in the decision it came to on 28 January 2020 allowing PML’s appeal against a decision of the Council dated 18 April 2019 to list the Rose and Crown Pub as an asset of community value for the purposes of section 89(1) of the Localism … Continue reading Russell v Bracknell Forest Borough Council and Punch Partnerships (PML) Ltd: UTAA 9 Mar 2022