Application for judicial review of authority’s decision not to take enforcement action. Judges: Collins J Citations: [2007] EWHC 3411 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 170 Jurisdiction: England and Wales Planning Updated: 09 August 2022; Ref: scu.271203
‘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 landowner applied for planning permission to erect an extension. The Inspector rejected the application on the basis that the privacy and outlook of the neighbouring property would be adversely affected. His inspection had been limited, and had incorrectly thought that the neighbour’s land included a patio area when it was in fact a flat … Continue reading McGowan v Secretary of State for Transport, Local Government and the Regions: Admn 18 Mar 2002
A college owned land which it sought to develop for residential purposes. The officers supported the proposal but the committee and inspector went against it, on the basis that it would be a loss of an opportunity to a neighbouring football club to expand. The landowner said there was no evidence of any prospect of … Continue reading Stroud College v Secretary of State for Transport, Local Government and the Regions: Admn 25 Mar 2002
The house owner sought a lawful use certificate. He wished to use the house as sheltered housing for six people recovering from mental illness, with support from a resident carer. The rules allow such a certificate where there would be a total of six people living in the property. The local authority refused the certificate … Continue reading Secretary of State for Transport, Local Government and the Regions v Waltham Forest London Borough Council: CA 15 Mar 2002
The parties disputed the validity of the time-limit condition (condition 1), which required the ‘development to which this permission relates’ to be begun within three years. Held: The Court upheld the inspector’s decision that this condition was invalid, in circumstances where the relevant ‘development’ had been carried out many years before. Lewison LJ said: ‘I … Continue reading London Borough of Lambeth v Secretary of State for Communities and Local Government and Others: CA 20 Apr 2018
Alleged contraventions of a particular Planning Stop Notice Richads LJ, Silber J [2013] EWHC 3250 (Admin) Bailii Town & Country Planning Act 1990 187 England and Wales Planning Updated: 22 November 2021; Ref: scu.517004
Challenge to deemed grant of planning permission for wind farm. . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index