Judges: Langan QC J Citations: [2010] EWHC 3285 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 60 Jurisdiction: England and Wales Planning Updated: 31 August 2022; Ref: scu.427281
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
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
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
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
Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local community. Held: The appeal failed.Davis LJ gave a short concurring judgment to emphasise … Continue reading Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd: CA 14 Dec 2017
The company appealed against a refusal of a certificate of lawful use. Held: Appeal allowed, and Inspector’s decision restored. Judges: Sullivan, Ward, Etherton LJJ Citations: [2009] EWCA Civ 1340 Links: Bailii Statutes: Town and Country Planning Act 1990 192 Jurisdiction: England and Wales Citing: Appeal from – Rastrum Ltd and Another v Secretary of State … Continue reading Rastrum Ltd and Another v Secretary of State for Communities and Local Government and Another: CA 12 Nov 2009
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
The land owners had sought permission to fell an oak tree subject to a tree preservation order in order to prevent further damage from its roots. Held: The council’s appeal succeeded. The court was asked to decide whether any works to the tree could be said to be necessary if there were other possible works … Continue reading Perrin and Another v Northampton Borough Council and others: CA 19 Dec 2007
In order to constitute a valid certificate of lawful use, it had to comply with the requirements of the Act. In this case it did not. Citations: Times 15-Nov-2006, [2006] EWCA Civ 1387 Links: Bailii Statutes: Town and Country Planning Act 1990 192 Jurisdiction: England and Wales Planning Updated: 08 July 2022; Ref: scu.245606
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
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
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
There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor was it in a sensitive area, and nor was it over 0.5 hectares, and … Continue reading Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames: CA 29 Jun 2001
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
When granting a certificate of lawful use and development, the inspector should include uses as primary even though the uses as such may be dormant at the time of the application unless the suspension of use was as a result of a loss of the right in law. Citations: Times 21-Jan-1999, [1998] EWHC Admin 1138, … Continue reading Panton and Farmer v Secretary of State for Environment , Transport and Regions and and Vale of White Horse District Council: Admn 16 Dec 1998
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
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
The defendant company was accused of felling a tree in breach of a tree preservation order. Recorder Zucker QC had ruled held that the prosecution did not have to prove that the tree in question was not dying, or dead or dangerous or creating a nuisance. It was for the defendant to establish one or … Continue reading Regina v Alath Construction Ltd: CACD 1990
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
The claimant sought an injunction expressed to be against unknown persons. Held: Morgan J expressed a degree of concern about orders having this effect, but concluded that (particularly in light of the South Cambridgeshire decision) this procedure was now open to claimants in cases outside section 187B of the Town and Country Planning Act 1990: … Continue reading Ineos Upstream Ltd and Others v Persons Unknown and Others: ChD 23 Nov 2017
The grant of a temporary planning permission for a use that has previously been the subject of an enforcement notice has the effect of discharging the enforcement notice for all time, in so far as it relates to that use, rather than merely for the period for which the temporary planning permission is in force. … Continue reading Cresswell and Cresswell v Pearson: Admn 20 Mar 1997
An application was made under section 73 to develop land without compliance with conditions previously attached to a planning permission, the relevant condition being that the development commence within five years of the date of planning permission. Held: A Local Authority was correct to refuse to extend the time for the commencement of a development … Continue reading Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998
The Secretary of State has the power to withdraw his decision to call in an application for planning permission under the section, where the application had seemed to raise planning issues of wider than local importance. Such a power was necessarily implied into the section, because otherwise he would be compelled to continue and make … Continue reading Regina (Trustees of the Friends of the Lake District) v Secretary of State for Environment Transport and the Regions and Another etc: QBD 17 May 2001
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
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
A ‘shop window’ for planning purposes means a window in a shop through which the shop or the wares of the shop can be seen. Times 02-Jan-1998, [1997] EWHC Admin 1015 Town and Country Planning Act 1990 224(3) England and Wales Planning Updated: 03 January 2022; Ref: scu.137960
The claimant garden centre sought to challenge a relaxation on planning restrictions over a competing centre. Held: The section 106 agreemnent was to be looked at to see what purpose was served by the original conditions. Section 106A(6) does not require that the obligation continues to serve its original purpose. What matters is whether the … Continue reading Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another: Admn 4 Jul 2003
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
The council appealed against the inspector’s decision to quash its enforcement notice. The land-owner occupied a wooden structure which he said was a caravan, but the council said was a residence and an unlawful change of use of agricultural land. . .
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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
