The applicant appealed the dismissal by the respondent of their application to the council for an extension of the time allowed for approval of reserved matters. Held: The appeal was granted. The reason for the delay had been a lack of interest in the proposed development, but when an application was made under the section, … Continue reading Allied London Property Investment Ltd v Secretary of State for the Environment and Another: QBD 8 Mar 1996
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
The applicants were gypsies. They located a mobile home on land within the green belt, but did not obtain planning permission. They attacked the decision report saying it had failed to follow the guidance as to the need for sites for gypsies, and had failed to take account of the personal circumstances of the applicants. … Continue reading Nichols v The Secretary Of State For The Environment, Basildon District Council: Admn 21 Mar 1997
Planning permission was granted subject to conditions. Later one condition was lifted on a renewed application. It referred to the earlier permission, but not the earlier conditions explicitly. Held: The permission was not clear, and therefore reference to other documents was permitted, In that context, the application defined itself in terms of the earlier application, … Continue reading Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002
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 company challenged an enforcement notice. It had used premises to provide temporary sleeping accommodation for more than ten years but without a planning consent to change of use. There was a break of five months after the after the first ten year period, whilst it was used as longer term accommodation, but then it … Continue reading Fairstate Ltd v First Secretary of State and Another: CA 21 Mar 2005
FTTTx VAT – refunds to DIY builders – s 35 VAT Act 1994 – original planning permission replaced – whether replacement permission retrospective to date of works – s 73A Town and Country Planning Act 1990 – appeal allowed Citations: [2012] UKFTT 359 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 03 November 2022; … Continue reading Francis v Revenue and Customs: FTTTx 29 May 2012
An action for a occupancy in breach of a planning consent remained enforceable after the 4 year limitation period. Citations: Times 19-Jul-1993, Independent 16-Jul-1993 Statutes: Town and Country Planning Act 1990 172(4) Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.84273
Limits of the power under section 73 of the Town and Country Planning Act 1990 to grant planning permission for development without complying with conditions subject to which a previous planning permission was granted. Citations: [2019] EWCA Civ 1868 Links: Bailii Jurisdiction: England and Wales Planning Updated: 09 September 2022; Ref: scu.643801
‘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
Claim for a declaration as to the meaning of an agreement made under section 106 of the Town and Country Planning Act 1990 Judges: Swift J DBE Citations: [2010] EWHC 3095 (QB), [2011] PTSR D8 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 August 2022; Ref: … Continue reading Hampshire County Council v Beazer Homes Ltd: QBD 29 Nov 2010
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
Interpretation of section 106 agreements. Citations: [2008] EWHC 916 (Ch), [2008] JPL 1440, [2009] 1 P and CR 5 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 July 2022; Ref: scu.267363
Complaint that the defendant Local Authority had not properly exercised its discretionary powers under section 173(a)(1) of the Town and Country Planning Act 1990 or to waive or relax its requirements in circumstances when it became apparent in 2014 that gates and pillars at the claimant’s property specified in an enforcement notice served in 2008 … Continue reading Segar and Another, Regina (on The Application of) v Wychavon District Council: Admn 5 Mar 2015
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
LT COMPENSATION – planning permission – discontinuance order – preliminary issue – airfield – scope and effect of planning permissions granted under s73A of Town and Country Planning Act 1990 – whether conditions would continue to bind adjoining land the subject of an earlier, less restrictive planning permission – issue estoppel – abuse of powers … Continue reading Williamson v Mid-Suffolk District Council: LT 18 Jan 2006
The claimant appealed an award of the Lands Tribunal of compensation for an order discontinuing his use as a slaughterhouse of premises of which he held a long lease. The tribunal had applied a discount for wastage on sheep carcasses of 25%, but had had no evidence to support their conclusion, and the figure proposed … Continue reading Mohammed Aslam v South Bedfordshire District Council: CA 21 Dec 2000
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
Appeal against conviction for unauthorised advertising hoarding. Citations: [1996] EWHC Admin 188 Links: Bailii Statutes: Town and Country Planning Act 1990 8224 Planning, Media Updated: 25 May 2022; Ref: scu.136736
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
Where an enforcement notice did not include any required steps, s173(11) does not apply, and an inspector has no power under s176(1) to amend the notice by adding steps to be taken where the issuing local authority could not itself have included it. Citations: Times 16-Jun-1999, Gazette 16-Jun-1999, [1999] 3 All ER 247 Statutes: Town … Continue reading Tandridge District Council v Verrechia: CA 16 Jun 1999
An Act might include a power to amend another by secondary legislation, but any such power must be construed narrowly. The owners of property sought to change its use from long term residential use to a use for short term visitors. S25 of the main Act remained unaffected by subsequent secondary legislation. Citations: Times 14-Mar-2000 … Continue reading Hyde Park Residence Ltd v Secretary of State for et Environment Transport and the Regions and Another: CA 14 Mar 2000
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
Three companies competed for permission to build a retail food superstore in Witney. The inspector recommended Tesco’s proposal, but the SSE set aside the inspector’s decision in favour of the local authority’s preference. Tesco sought a declaration quashing the decision letter. It said that insufficent allowance had been given to its offer of funding for … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994
Renewed application for permission to apply for a statutory review pursuant to Section 288 of the Town and Country Planning Act 1990 of a decision dismissing an appeal against a refusal of planning permission for the change of use of land Judges: Garnham J Citations: [2016] EWHC 3737 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Stevens, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 25 Oct 2016
Gilbart J [2016] EWHC 1173 (Admin) Bailii Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004, Planning (Listed Buildings and Conservation Areas) Act 1990 Planning Updated: 16 January 2022; Ref: scu.564654
VALUE ADDED TAX – Refund on construction of building – Original planning permission for annex – Building Control required further work to be done on basis was new dwelling – Appellant carried out works – Retrospective planning permission for new dwelling granted – Local authority would not use its powers under s.73A of the Town … Continue reading Watson v Revenue and Customs: FTTTx 22 Oct 2010
A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission. Held: As a matter of law, the developer was, after the reserved matters approval perfected the Second Planning Permission, able to elect … Continue reading Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable. Held: Reviews could be contracted out. The court could ‘not see that … Continue reading Heald and Others v London Borough of Brent: CA 20 Aug 2009
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 wanted to exercise its powers of compulsory purchase so as to allow them to acquire the claimant’s land to go toward the completion of the development of a competitor’s proposed supermarket. The claimant sought judicial review, saying . .
‘The question raised by this claim for judicial review is whether or not an application may be made under section 73 of the Town and Country Planning Act 1990 (‘the 1990 Act’) for the grant of planning permission for the development of land without . .
UTTC VALUE ADDED TAX – Repayment claim under DIY Builders’ and Converters’ VAT Refund Scheme – claim refused by HMRC – appeal allowed by First-tier Tribunal – whether VATA s 35 and VAT Regulations 1995 reg 201 . .
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision of one of the first defendant’s inspectors contained in a decision letter dismissing the claimant’s appeal against the second defendant’s refusal to grant . .
References: [2014] UKUT 361 (TCC) Links: Bailii UTTC VALUE ADDED TAX – Repayment claim under DIY Builders’ and Converters’ VAT Refund Scheme – claim refused by HMRC – appeal allowed by First-tier Tribunal – whether VATA s 35 and VAT Regulations 1995 reg 201 satisfied – whether permission pursuant to s 73A Town and Country … Continue reading Revenue and Customs v Patel; UTTC 7 Aug 2014
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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
