The landowner applied for planning permission to erect an extension. The Inspector rejected the application on the basis that the privacy and outlook of the neighbouring property would be adversely affected. His inspection had been limited, and had incorrectly thought that the neighbour’s land included a patio area when it was in fact a flat … Continue reading McGowan v Secretary of State for Transport, Local Government and the Regions: Admn 18 Mar 2002
A decision turning down an application but refusing costs order also was not inconsistent with allowing that the general need for housing did not displace need for green belt preservation. Citations: Gazette 10-Jun-1998 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.78328
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
Replacing old buildings with new ones in a National Park would set a bad precedent. Citations: Times 19-Jul-1993 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.78575
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
The claimant sought to object to an inspector’s decision to allow erection of a telecommunications mast. The failure of the inspector to consider potential health risks was not open to criticism because the claimant’s papers had made no reference to such risks. A technical report which might have been considered had not been submitted, and … Continue reading Anscomb v Secretary of State for Environment Transport and the Regions: QBD 22 Feb 2001
A larch tree overhung a garden, but was protected by a tree preservation order. The inspector declined authority to lop it on the basis of its value to the amenity. The Secretary overruled this but his decision was, in turn, set aside by the court on the basis that it was first too indistinct to … Continue reading Richmond Upon Thames London Borough Council v Secretary of State for Environment Transport and the Regions and Another: QBD 15 Mar 2001
The only legitimate expectation of a party awaiting determination of an application for permission was that current policies would be applied. An applicant awaiting a decision on permanent dwelling for agricultural land had no right to continue temporary home. Citations: Gazette 21-Apr-1999 Statutes: Town and Country Planning Act 1990 288 Planning Updated: 08 April 2022; … Continue reading Boyle v Secretary of State for the Environment Transport and the Regions and An: QBD 21 Apr 1999
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