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Perrin and Another v Northampton Borough Council and others: CA 19 Dec 2007

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

Impey v Secretary of State for the Environment: QBD 2 Jan 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

Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

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

Backer v Secretary of State for the Environment: 1983

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

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

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

Shortt and Another v Secretary of State for Communities and Local Government and Another: CA 18 Nov 2015

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

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

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

Acts

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