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Ceredigion County Council v National Assembly for Wales, and E D Harrison: Admn 21 Sep 2001

The Council appealed a decision of the Assembly extending time for compliance with an enforcement notice from two months to two years. They believed that an error of law had occurred insofar as a 1973 permission had expired. The only works undertaken within the initial five year period were of demolition. The Act as it … Continue reading Ceredigion County Council v National Assembly for Wales, and E D Harrison: Admn 21 Sep 2001

Campaign To Protect Rural England, Kent (CPRE), Regina (on The Application of) v Dover District Council: CA 14 Sep 2016

Appeal against grant of permission to bring judicial review of a planning decision. Held: The appeal was allowed, and the permission quashed. Laws LJ pointed to three particular factors as calling for clear reasons: the ‘pressing nature’ of the AONB policy as expressed in the NPPF para 115-6 (‘the highest status of protection’); the departure … Continue reading Campaign To Protect Rural England, Kent (CPRE), Regina (on The Application of) v Dover District Council: CA 14 Sep 2016

Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000

The court was asked whether the erection of a marquee in the grounds of an hotel amounted to a development requiring planning permission. The hotel was a listed building. The marquee was only taken down once a year. Held: The marquee required permission. Judges: Morritt, Pill, Schiemann LJJ Citations: [2000] EWCA Civ 5569 Links: Bailii … Continue reading Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000

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 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

Doncaster Metropolitan Borough Council, Regina (on The Application of) v The First Secretary of State and Another: Admn 19 Feb 2007

Application under section 288 of the Town and Country Planning Act 1990 by the local planning authority to quash the appeal decision of an inspector granting planning permission for the use of land at OS Field 5566, Hall Villa Lane, Toll Bar, Doncaster, as a private gypsy caravan site for ten plots. Judges: Mr George … Continue reading Doncaster Metropolitan Borough Council, Regina (on The Application of) v The First Secretary of State and Another: Admn 19 Feb 2007

Wright and Another v Horsham District Council: UTLC 22 Aug 2011

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

Wright, Regina (on The Application of) v Forest of Dean District Council and Another: Admn 9 Jun 2016

The court was asked whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material consideration which it was lawful for the defendant to take into account when granting … Continue reading Wright, Regina (on The Application of) v Forest of Dean District Council and Another: Admn 9 Jun 2016

Health and Safety Executive v Wolverhampton City Council and Another: Admn 5 Nov 2009

The claimant sought to have development stopped on a site which it said was too near a site for the storage of liquid petroleum gas. Held: Collins J allowed the claim and granted declaratory relief that Wolverhampton had failed to: (i) notify the HSE that it was minded to grant permission; (ii) notify the HSE … Continue reading Health and Safety Executive v Wolverhampton City Council and Another: Admn 5 Nov 2009

South Bucks District Council and Another v Porter: Admn 17 Sep 2002

The court dismissed an application by the council under section 288 of the Town and Country Planning Act 1990 seeking to quash a decision of the Secretary of State given by his duly appointed inspector by letter dated 19 February 2002. The inspector had allowed an appeal against a decision of the council on 5 … Continue reading South Bucks District Council and Another v Porter: Admn 17 Sep 2002

Wall and Others v Winchester City Council and Another: CA 17 Mar 2015

Appeal from an order allowing Winchester City Council’s appeal, under section 289 of the Town and Country Planning Act 1990 against a decision of one of the Secretary of State’s Planning Inspectors to allow the respondent’s appeals against six enforcement notices (enforcement notices A to F) issued by the Council in respect of land at … Continue reading Wall and Others v Winchester City Council and Another: CA 17 Mar 2015

Secretary of State for Environment Transport and the Regions and Another v Wyatt Brothers (Oxford) Ltd: CA 26 Oct 2001

The applicants were granted permission to construct a golf course and other facilities. They were then served with enforcement notices requiring them to remove waste materials deposited on the site. They appealed contending that the notices went beyond that required to comply with the planning permission. Held: It was proper for the notices to require … Continue reading Secretary of State for Environment Transport and the Regions and Another v Wyatt Brothers (Oxford) Ltd: CA 26 Oct 2001

London Borough of Sutton v Bolton and Another: ChD 3 Feb 1993

Land had been owned by the authority and used as a children’s home. After a boundary change taking the land outside its area, it sought to sell the land for development. The neighbours, claiming the benefit of a restrictive covenant allowing only one house on the land, objected. Using the 1972 Act, the authority purported … Continue reading London Borough of Sutton v Bolton and Another: ChD 3 Feb 1993

Harlow District Council and Another v Stokes and Others: QBD 3 Mar 2015

Application for interim injunction to prevent traveller families occupying certain lands. Judges: Patterson DBE J Citations: [2015] EWHC 953 (QB) Links: Bailii Statutes: Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Local Government, Planning Updated: 30 May 2022; Ref: scu.545603

Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

Modern Homes (Whitworth) Limited T/a Bower Construction v Lancashire County Council: Admn 27 Apr 1998

After public examination of local structure plan, local authorities post-examination statement must answer all objections including those raised but not dealt with in argument in public at hearing. Citations: Times 14-May-1998, [1998] EWHC Admin 448 Links: Bailii Statutes: Town and Country Planning Act 1990 287 Planning Updated: 27 May 2022; Ref: scu.138569

Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

Sussex Investments Limited v The Secretary Of State For The Environment, Spelthorne Borough Council: Admn 28 Oct 1996

The plaintiff requested that an enforcement notice should be quashed. Two earlier decision notices had already been quashed. At issue was a houseboat constructed on a floating wooden raft. There was an existing use certificate for a houseboat. Was it a houseboat or floating house? The inspector had taken a definition of houseboat from the … Continue reading Sussex Investments Limited v The Secretary Of State For The Environment, Spelthorne Borough Council: Admn 28 Oct 1996

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Van Dyck v Secretary of State for the Environment: CA 1993

The court asked whether the four year enforcement rule applied in respect of subdivision of a larger building to create single dwelling houses or applied only in the case of conversion of a single building to single dwelling houses. Held: It applies to subdivision. The concept of the planning unit has no part to play … Continue reading Van Dyck v Secretary of State for the Environment: CA 1993

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

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

Windsor and Maidenhead Royal Borough Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 15 Feb 2001

The applicant sought permission to demolish two buildings and erect offices. One part of one building had permission for A2 office use, and on appeal, the inspector found that change of use had been implemented. The claimant asserted that this was only a fallback permission, and the inspector had to allow for the applicant’s ability … Continue reading Windsor and Maidenhead Royal Borough Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 15 Feb 2001

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

Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

The court considered an application by a developer under section 106BA to modify the requirement so that a payment for the provision of affordable housing is deleted, and its succeeding in an appeal to the Defendant Secretary of State under section 106BC of the Act. Judges: Gilbart J Citations: [2016] EWHC 644 (Admin) Links: Bailii … Continue reading Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

Swindell v Revenue and Customs (VAT – Builders : Do -It-Yourself): FTTTx 1 Feb 2017

FTTTx VAT – DIY self-build scheme – section 35A VATA94 and note 2(c) to Group 5, Schedule 8 VATA94 – whether the separate disposal of the dwelling was prohibited by the terms of a covenant under section 106 Town and Country Planning Act 1990 – terms of covenant considered – held they prohibit a separate … Continue reading Swindell v Revenue and Customs (VAT – Builders : Do -It-Yourself): FTTTx 1 Feb 2017

Bond and Others v Dorset County Council: UTLC 11 Oct 2010

UTLC COMPENSATION – modification order – preliminary issue – leaseholder claimant – freeholder granting lease to another person on expiry of claimant’s lease – whether compensation could be claimed on basis that in the absence of the modification a new lease would have been granted to the claimant – held that it could not – … Continue reading Bond and Others v Dorset County Council: UTLC 11 Oct 2010

Burge and Another v South Gloucestershire Council: UTLC 27 Jul 2016

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

Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd: ChD 13 Apr 2016

The claimant Redrow sought an order for specific performance of the defendant’s contractual obligations under a legal charge between the defendant (as chargee) and the claimant (as chargor) to execute an agreement under section 106 of the Town and Country Planning Act 1990 to be entered into between Redrow and Tewkesbury Borough Council as the … Continue reading Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd: ChD 13 Apr 2016

London Borough of Newham v Miah and Another: Admn 6 May 2016

The appellant Council, appealed by way of case stated against the decision of lay justices to acquit the first respondent of two offences of breaching an enforcement notice it had issued against the change of use of a property to two self-contained flats without planning permission. Cranston J [2016] EWHC 1043 (Admin) Bailii Town and … Continue reading London Borough of Newham v Miah and Another: Admn 6 May 2016

Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

Planning Inspectorate (Central Government): ICO 15 Jul 2015

The complainant has requested information contained in the Town and Country Planning Act 1990 and the Town and Country Planning (Use Classes) Order 1987 (as amended). The Commissioner finds that the requested information is reasonably accessible to the public as it is contained in published legislation. The Commissioner has therefore decided that the Planning Inspectorate … Continue reading Planning Inspectorate (Central Government): ICO 15 Jul 2015

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