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Wilson, Regina (on the Application of) v Wychavon District Council and Another: CA 6 Feb 2007

The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies. Held: The stop-notice regime was not discriminatory. A government was given a … Continue reading Wilson, Regina (on the Application of) v Wychavon District Council and Another: CA 6 Feb 2007

Wilson v Wychavon District Council and Another: Admn 20 Dec 2005

The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory. Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the … Continue reading Wilson v Wychavon District Council and Another: Admn 20 Dec 2005

Doncaster Borough Council v Green and Others: CA 15 Jan 1992

An injunction is not available to enforce a stop notice whilst an appeal was pending. The court may not use its own inherent powers to fill an apparent gap in legislation. The planning code was intended to be comprehensive. Citations: Gazette 15-Jan-1992 Statutes: Town and Country Planning Act 1990 183(1), (3)(b) Jurisdiction: England and Wales … Continue reading Doncaster Borough Council v Green and Others: CA 15 Jan 1992

South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter: CA 19 May 2003

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

Oxton Farms, Samuel Smith Old Brewery (Tadcaster) v Selby District Council, Persimmon Homes (Yorkshire) Limited: CA 18 Apr 1997

The complainants challenged a decision to grant planning permission to develop houses on land neighbouring theirs. They owned a substantial proportion of land in the neighbourhood, and they were not bringing enough land forward to allow fulfillment of perceived requirements. Held: Such permission could only be granted, because of its position, in exceptional circumstances. In … Continue reading Oxton Farms, Samuel Smith Old Brewery (Tadcaster) v Selby District Council, Persimmon Homes (Yorkshire) Limited: CA 18 Apr 1997

Regina v Basildon District Council: Admn 1996

The essence of the section 187B procedure is to achieve a speedy resolution of a planning problem. The courts have repeatedly emphasised that the injunction proceedings are not to be used as an opportunity to re-argue the planning merits of the case which were matters for the planning authority and the Secretary of State. Judges: … Continue reading Regina v Basildon District Council: Admn 1996

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 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

Hambleton District Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Nov 2000

The appellant challenged the decision of a planning inspector considering an enforcement notice with regard to the siting of a residential caravan on land that other suitable accommodation was not available in the area. The only evidence was a site visit. That visit could not support such a finding. A second decision to vary an … Continue reading Hambleton District Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Nov 2000

Acts

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law index

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