UTLC COMPENSATION – tree preservation order – cracks appearing in house – refusal of consent to fell robinia in adjoining garden – claim for costs of underpinning works – the basis for determining causation and foreseeability – whether need for underpinning caused by robinia – whether loss or damage reasonably foreseeable when consent refused – … Continue reading Free Grammar School of John Lyon v City of Westminster Council: UTLC 3 May 2012
UTLC COMPENSATION – tree preservation order – cracks appearing in house – refusal of consent to fell three oak trees – claim for cost of underpinning works, distress and inconvenience – whether damage caused by tree roots – whether evidence produced after refusal of consent admissible in determining causation – whether underpinning the natural and … Continue reading Wright and Another v Horsham District Council: UTLC 22 Aug 2011
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
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
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which … Continue reading Jelson Ltd v Derbyshire County Council: CA 1 Aug 1999
The appellant had challenged an enforcement notice requiring him to pull down a partially built house. The issue was when the four year limitation period had commenced. Did the four year limitation period commence when the works were complete, or when the building was complete? Held: The inspector had found the building to be a … Continue reading Sage v Secretary of State for the Environment, Transport and the Regions and others: HL 10 Apr 2003
UTLC COMPENSATION – Tree Preservation Order – cracks appearing in conservatory – refusal of consent to fell oak tree on adjoining land – claim for cost of rebuilding conservatory – whether loss or damage reasonably foreseeable when consent refused – whether loss or damage foreseeable by claimants when conservatory erected – compensation awarded at andpound;25,000 … Continue reading Burge and Another v South Gloucestershire Council: UTLC 27 Jul 2016
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