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Allied London Property Investment Ltd v Secretary of State for the Environment and Another: QBD 8 Mar 1996

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

London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019

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

Nichols v The Secretary Of State For The Environment, Basildon District Council: Admn 21 Mar 1997

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

Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002

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

Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998

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

Newbury District Council v Secretary of State for the Environment: HL 1980

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

Tandridge District Council v Verrechia: CA 16 Jun 1999

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

Hyde Park Residence Ltd v Secretary of State for et Environment Transport and the Regions and Another: CA 14 Mar 2000

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

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

Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994

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

Stevens, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 25 Oct 2016

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

Watson v Revenue and Customs: FTTTx 22 Oct 2010

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

Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014

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

Heald and Others v London Borough of Brent: CA 20 Aug 2009

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

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

Revenue and Customs v Patel; UTTC 7 Aug 2014

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

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