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
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 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 . .
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
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
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
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 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 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 . .
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 . .
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