Land had first been excluded from the green belt, but then the plan had been revised. The revision was challenged, saying that a revision required exceptional circumstances making a revision necessary. Held: there are not two tests, exceptional circumstances and necessity, but one composite test. The revision was set aside. Judges: The Master Of The … Continue reading Copas and Another v Royal Borough of Windsor and Maidenhead: CA 7 Feb 2001
Section 66(1) of the 1990 Act requires a decision-maker to give ‘the desirability of preserving the building or its setting’ not merely careful consideration but considerable importance and weight when balancing the advantages of the proposed development against any harm from wind fram developnent.. Sullivan LJ [2014] 1 PandCR 22, [2014] EWCA Civ 137 Bailii … Continue reading Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014
The Council sought an order to quash the inspector’s decision to grant permission for a wind farm. Judges: Lang DBE J Citations: [2013] EWHC 473 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 Jurisdiction: England and Wales Citing: Cited – Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of … Continue reading East Northamptonshire District Council and Others v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2013
Judges: Sullivan J Citations: [2008] EWHC 678 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 69(1) Planning Updated: 14 July 2022; Ref: scu.266876
A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued enforcement proceedings. The Secretary now appealed dismissal of those proceedings. Held: The appeal was dismissed. The owner … Continue reading Braun v First Secretary of State and Another: CA 20 May 2003
Challenge to grant of planning permission within a conservation area. Permission had been given for a single dwellig also with a southerly view over an area of outstanding natural beauty. The land belonged to the council. Held: The claim succeeded. The council, as planning authority, had erred in its approach to the general duty as … Continue reading Irving, Regina (on The Application of) v Mid-Sussex District Council and Another: Admn 28 Jun 2016
When a local planning authority granted planning permission for a development of housing in two listed buildings and on land within their settings, did it misinterpret and misapply development plan policy for development proposed within a Green . .
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