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Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Commission v United Kingdom: ECJ 20 Oct 2005

ECJ Failure of a Member State to fufil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora.The respondent had failed properly to transpose the Habitats Directive into National Law. The regulations were too general and did not impose sufficiently precise obligations: ‘As the Commission has rightly pointed out, section 54A … Continue reading Commission v United Kingdom: ECJ 20 Oct 2005

Bedford Borough Council v Secretary of State for the Environment, Transport and the Regions et Al: QBD 24 Feb 1999

Where the inspector allowed an appeal against refusal of permission, finding exceptions to the structure plan, the Local Authority appealed. Held: The appeal was refused as the inspector had given proper weight to the statutory considerations and was entitled to his conclusion. Citations: Gazette 24-Feb-1999 Statutes: Town and Country Planning Act 1990 54A Jurisdiction: England … Continue reading Bedford Borough Council v Secretary of State for the Environment, Transport and the Regions et Al: QBD 24 Feb 1999

Racepeak Ltd v Secretary of State for Environment Transport and the Regions: QBD 5 Jul 2001

The applicant sought permission to develop former stables as low cost housing. The inspector refused on the basis that the policies regarding preservation of racing facilities in the area had been incorporated within the relevant plans, and that these were the necessary starting point for his examination. An appeal failed. The inspector’s decision was a … Continue reading Racepeak Ltd v Secretary of State for Environment Transport and the Regions: QBD 5 Jul 2001

St George Developments Ltd and Another v Secretary of State for Environment and Another: QBD 31 Oct 1994

The company already had outline permission for a residential development at Kew Gardens. Two schemes were submitted. On one, the council failed to reach a timely determination, and it refused the other. The developers appealed to the Secretary of State. Held: The appeal failed. Section 54A applied also to an appeal against refusal of matters … Continue reading St George Developments Ltd and Another v Secretary of State for Environment and Another: QBD 31 Oct 1994

Gardiner v Hertsmere Borough Council and Another: CA 16 Aug 2022

‘This case raises a question of statutory interpretation about the exemption from liability to Community Infrastructure Levy (‘CIL’) for ‘self-build’ housing development under regulations 54A and 54B of the Community Infrastructure Levy Regulations 2010, as amended (‘the CIL Regulations’). The particular question is whether that exemption is available when planning permission is granted retrospectively for … Continue reading Gardiner v Hertsmere Borough Council and Another: CA 16 Aug 2022

Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011

The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011