The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
Variation of restrictive covenant entered into as part of section 52 agreement. Citations: [1988] EWCA Civ 1, [1989] 05 EG 85, [1989] 1 EGLR 193, [1989] 57 P and CR 119, [1988] 3 PLR 45 Links: Bailii Statutes: Town and Country Planning Act 1971 52 Jurisdiction: England and Wales Land, Planning Updated: 26 November 2022; … Continue reading Martin and Another, Re Application for Judicial Review: CA 10 May 1988
The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed. Held: The inspector had failed to take sufficient account of the unlawfulness fo her occupation. It was important that the concept … Continue reading South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter: CA 19 May 2003
Challenge to adoption of a local plan Citations: [1997] EWCA Civ 1116, [1997] JPL 951, [1997] NPC 36, [1997] EG 26 Links: Bailii Statutes: Town and Country Planning (Development Plan) Regulations 1991 16(1) Jurisdiction: England and Wales Citing: Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984 The House was asked whether … Continue reading Miller and others v Wycombe District Council: CA 27 Feb 1997
Offence is one of strict liability so no need to show actual knowledge of notice. Citations: Ind Summary 22-Nov-1993 Statutes: Town and Country Planning Act 1971 89(5) Jurisdiction: England and Wales Planning Updated: 14 October 2022; Ref: scu.86407
Citations: [1997] EWCA Civ 1818 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Citing: Cited – Newbury District Council v Secretary of State for the Environment HL 1980 Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions … Continue reading Land at 34 Manor Road, Pawlett, Bridgewater, Arlidge v Secretary of State for Environment and Sedgemoor District Council: CA 9 Jun 1997
The land-owner came to use the second storey of a house as a single dwelling-house where the planning permission for that second storey was conditional on its use only as storage ancillary to residential use of the remainder of the premises. The Court was asked whether that breach was fell within the section. Did ‘it … Continue reading London Borough of Camden v Backer and Aird: CA 1982
The court discussed whether a terrace of cottages was within the curtilage of an old factory which was a listed building. At first instance, Skinner J had held that they were, and that permission could not be granted for their demolition. The Council appealed. Held: The appeal failed. Stephenson LJ said: ‘The terrace has not … Continue reading Attorney-General ex relater Sutcliffe and Others v Calderdale Borough Council: CA 1982
The applicant challenged an order requiring him to discontinue use of land on which were listed buildings in need of repair. The authority had concluded that compulsory purchase would not be sufficient to achieve the result required. The land owner contended that such an order was draconian, and should not be made without additional evidence … Continue reading Chant v Secretary of State for Transport, Local Government and the Regions and another: Admn 1 Jul 2002
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
Judges: Wyn Williams QC J Citations: [2005] EWHC 1103 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984 The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or … Continue reading Pembrokeshire County Council v National Assembly for Wales, Re the Town and Country Planning Act 1990: Admn 16 Mar 2005
LT COMPENSATION – modification of planning permission by deletion of retail use from permitted development – depreciation in land value – no approval of reserved matters at valuation date – basis of valuation – whether it is to be assumed that approval granted – compensation for depreciation in land value, andpound;1,586,000 – abortive costs – … Continue reading Land and Property Ltd v Restormel Borough Council: LT 9 Aug 2004
Local authorities had obtained injunctions preventing the defendants from taking up occupation, where they had acquired land with a view to living on the plots in mobile homes, but where planning permission had been refused. The various defendants appealed on the basis that the authorities had failed to make proper allowance for their human rights. … Continue reading Porter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt: CA 12 Oct 2001
Land had been owned by the authority and used as a children’s home. After a boundary change taking the land outside its area, it sought to sell the land for development. The neighbours, claiming the benefit of a restrictive covenant allowing only one house on the land, objected. Using the 1972 Act, the authority purported … Continue reading London Borough of Sutton v Bolton and Another: ChD 3 Feb 1993
The appellant challenged refusal of leave to fell a tree protected by a tree preservation order. The tree was old and large, and its roots had begun to undermine the claimant’s buildings. The original consent to a reduction of the crown of the tree by 50% had not been accompanied by the proper certificate as … Continue reading Beyers v Secretary of State for Environment, Transport and Regions and Uttlesford District Council: Admn 31 Aug 2000
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 Act, 1959, but in that event would have had to pay compensation for the injurious … Continue reading Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971
The case dealt with the application of the section to the calculation of compensation after the withdrawal of a planning permission. Citations: Gazette 24-Feb-1993 Statutes: Town and Country Planning Act 1971 45 164(4) Planning Updated: 19 May 2022; Ref: scu.78871
Permission had been given for residential development of land provided that access was provided. The access specified was to be over land owned by the council. It was known that the Council would not allow such access. The land owner sought an order that the permission should stand but without the condition. The Secretary had … Continue reading British Railways Board v Secretary of State for the Environment and Another: HL 29 Oct 1993
The Court was asked whether a planning authority could validly achieve by agreement any purpose which it could not validly achieve by planning condition or whether the test for validity was the same in each case. Held: A council may agree to a restriction on use outside the scope of the planning acts. An agreement … Continue reading Good and Another v Epping Forest District Council: CA 11 Nov 1993
Pill J disussed the rationale behind the efficacy of the provision in the Town and Country Planning Act: ‘There is an obvious public interest in certainty and finality when planning permissions which attach to the land concerned are granted.’ and ‘In my judgment, sections 242 and 245 of the 1971 Act do define the time … Continue reading Regina v Secretary of State for the Environment ex parte Kent and Others: 1991
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to oblige the chief constable to provide the level of support requested. Held: The … Continue reading Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982
Nicholls LJ discussed the nature and enforcement of agreements under section 106 of the 1990 Act, saying: ‘A section 106 agreement may be enforced against the original covenantor in contract, and against successors in title to the original convenantor by virtue of sub.(2). Enforcement is a matter solely for the local planning authority, and there … Continue reading Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990
Land was in an area designated to be of outstanding natural beauty. The Council sought the removal of a caravan used to provide weatherproof storage for cattle food and shelter for the farmer, saying that this amounted to a material change of use. The inspector quashed the Enforcement Notice on the grounds that as the … Continue reading Wealden District Council v Secretary of State for Environment and Colin Day: CA 1988
The applicant sought to allow the roof of its store to be used as a helicopter landing pad, and sought a lawful use certificate. It asserted that such a use was incidental to its main normal use. The secretary of state refused a certificate, against the inspector’s advice, saying that such a use was not … Continue reading Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002
The revocation of an amendment to a tree preservation order was allowed since the inspector had power under the Act to act as was expedient in the circumstances which faced him. Citations: Gazette 28-Jan-1998 Statutes: Town and Country Planning Act 1971 45(2) Planning Updated: 09 April 2022; Ref: scu.83733
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Appeal concerning the meaning of ‘dependants’ in an agricultural occupancy condition attached to a planning permission: ‘The occupation of the dwelling shall be limited to persons employed or last employed solely or mainly and locally in agriculture as defined by Section 290(1) of the Town and Country Planning Act, 1971, or in forestry and the … Continue reading Shortt and Another v Secretary of State for Communities and Local Government and Another: CA 18 Nov 2015
The use of land contrary to an enforcement notice is an offence of absolute liability. The burden was on the user of land to establish what uses were lawful. Times 28-Oct-1993, Gazette 08-Dec-1993 Town and Country Planning Act 1971 89(5) England and Wales Crime, Planning Updated: 20 November 2021; Ref: scu.86408
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 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
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site offices ran out without being used, D began to demolish the properties which were not listed and not in … Continue reading Cambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd: 1992
The plaintiff had obtained conditional planning permission. It applied for approval of the meeting of the conditions but failed to receive a repy and had commenced work anyway. The authority then said that because the works had been begun before confirmation that the conditions had been met, they were unlawful and could not act to … Continue reading FG Whitley and Sons Co Ltd v Secretary of State for Wales: CA 1992
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Complaint was made that the occupier had taken up occupation of a vehicle, a Commer van, ‘adapted’ for human habitation, and therefore under the control of the 1960 Act, but on land for which there was no planning permission for use for caravans. Held: The defendant had merely placed bed and other furniture in an … Continue reading Backer v Secretary of State for the Environment: 1983
The appellant challenged refusal of the Lands Tribunal to authorise him to fell a tree protected under a Tree Preservation Order. He complained that the decision had not been certified properly by the authority as was required. Held: ‘ The word ‘certificate’ does not require a document or a statement to be in any particular … Continue reading Henriques v Swale Borough Council: CA 7 Oct 1996
Restrictive Covenants – Discharge – 1.83 ha with outline planning permission for residential development – 1984 planning agreement under Town and Country Planning Act 1971 preventing erection of buildings – Tribunal’s jurisdiction to discharge or modify – modification ordered limited to planning permission – section 84(1)(aa) Law of Property Act 1925 Citations: [2019] UKUT 335 … Continue reading Payne v Maldon District Council: UTLC 5 Nov 2019
W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not … Continue reading White v Secretary of State for the Environment: CA 1989
LT RESTRICTIVE COVENANTS – proposal to modify occupancy restriction imposed by an agreement under section 52 of the Town and Country Planning Act 1971 – practical benefits of substantial value or advantage – implied agreement – application dismissed – Law of Property Act 1925, s84(1), grounds (aa), (b) and (c) Judges: Francis FRCS Citations: [2006] … Continue reading Dart JL: LT 8 Aug 2006
The landowner had obtained outline permission but with details reserved. Later full permission was granted, but the authority refused to approve matters which had already been approved in the original outline permission, saying they were out of time. Held: The respondent did have jurisdiction to hear the land-owner’s appeal. The grant of the full permission … Continue reading Etheridge v Secretary of State for the Environment: QBD 13 Oct 1983
The owner of a dog kennels carried out works both internal and external to change the building into two residential units. The Council served an improvement notice. The respondent found that no material change of use had yet taken place. Held: The change of use could take place before the building was actually used for … Continue reading Impey v Secretary of State for the Environment: QBD 2 Jan 1983
RESTRICTIVE COVENANT – discharge – agricultural occupancy condition imposed on bungalow under section 52 of Town and Country Planning Act 1971 – restriction against erection of further dwellings c whether extension of bungalow and/or conversion of other farm buildings into dwellings means restrictions obsolete – whether market testing exercise adequate to demonstrate that occupancy restriction … Continue reading Rasbridge, Re Cefn Betingau Farm: UTLC 23 Aug 2012
COMPENSATION – injurious affection – water pipeline across land – preliminary issue – planning permission – time limit – whether houses could be constructed on the land pursuant to planning permission granted 20 years previously where minimum works of implementation carried out – whether permission full or outline – held that it was full but … Continue reading Eaden Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): UTLC 6 Jun 2012
An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990
The defendant company was accused of felling a tree in breach of a tree preservation order. Recorder Zucker QC had ruled held that the prosecution did not have to prove that the tree in question was not dying, or dead or dangerous or creating a nuisance. It was for the defendant to establish one or … Continue reading Regina v Alath Construction Ltd: CACD 1990
The court considered the planning effect of a new building on about a half of a site. Lord Widgery CJ: ‘. . The principle which one derives from the authorities and applies to the present case is that, where you have a new building erected, that part of the land which was absorbed in the … Continue reading Aston v Secretary of State for the Environment: 9 Apr 1973
Planning battles had raged over the use of the former GLC County Hall. The question was whether it was desirable and appropriate to retain use of part of the building for London Government offices and centred on the ‘competing needs’ test. Held: County Hall in London was not an office use, but was a Local … Continue reading London Residuary Body v Lambeth London Borough Council: HL 1990
The claimant had been granted a contractual right to use an airfield for arranging motor racing events. The planning consent was revoked, and compensation was claimed under s164 as ‘a person interested in the land’ which ‘is a section designed to compensate those who have incurred expenditure in reliance upon a permitted use only to … Continue reading Pennine Raceway Ltd v Kirklees Metropolitan Borough Council: CA 1983
The House was asked as to an alleged offence of non-compliance with an enforcement notice under section 89(1) of the 1971 Act, and particularly: ‘Whether an information which alleges initial failure to comply with the provisions of an enforcement notice under section 89(5) of the Town and Country Planning Act 1971 ‘on and since a … Continue reading Hodgetts v Chiltern District Council: HL 1983
D was carrying out an office development. On land adjacent to the development there were two houses used as site offices whilst the development was undertaken. D began to demolish the houses to provide car parking and Improvements to the amenity of the development by landscaping of the land on which the two houses stood. … Continue reading Cambridge County Council v Secretary of State for the Environment: CA 2 Jan 1992
The extended definition of ‘listed building’ in section 54(9) applied equally for the purposes of paragraph 2(c) of Schedule 1 of the 1967 Act. No rates were to be payable in respect of a hereditament for any period during which it was included in a . .
References: Unreported, 09 April 1973 Coram: Lord Widgery CJ The court considered the planning effect of a new building on about a half of a site. Lord Widgery CJ: ‘. . The principle which one derives from the authorities and applies to the present case is that, where you have a new building erected, that … Continue reading Aston v Secretary of State for the Environment; 9 Apr 1973
The section provided protection even for caravans which had come on to the site with knowledge of the stop notice, and an injunction was refused on these grounds. Citations: [1986] JPEL 592 Statutes: Town and Country (Amendment) Act 1971 90(2)(b) Jurisdiction: England and Wales Cited by: Cited – Wilson v Wychavon District Council and Another … Continue reading Runnymede Borough Council v Smith: 1986
‘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
The developer originally sought permission for 450 homes. That was refused. Before the appeal, it proposed an alternative with 250 homes to be adopted only if the size of the development were considered to be the critical factor. The inspector decided for the smaller scale application. The developer appealed, but the Secretary of State dismissed … Continue reading Bernard Wheatcroft Ltd v Secretary of State for the Environment: CA 1982
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
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a public place of religious worship, since it was not open to the public, or even to … Continue reading Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008
Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014
The landowner appealed against an enforcement notice, saying that though she kept a large number of dogs (44), this was for domestic pleasure purposes, and was only incidental to the use as a private domestic dwelling.
Held: The appeal failed. . .
