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Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014

UTLC COMPENSATION – preliminary issues – Town and Country Planning Act 1990 ss. 97 and 107 – basis for calculation of compensation – 1951 planning permission for mining on Portland – permission becoming subject to procedure for the review of old mineral planning permissions (ROMP) under Environment Act 1995 Sched. 13 – designation of part … Continue reading Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014

The Health and Safety Executive v Wolverhampton City Council: SC 18 Jul 2012

The Council had granted planning permission for four student housing units. The Executive complained that they were too near to a liquified gas storage depot. The Court was now asked whether the impact of any compensation which might be payable on any revocation of the consent was a proper material consideration for the Council in … Continue reading The Health and Safety Executive v Wolverhampton City Council: SC 18 Jul 2012

Regent Lion Properties Limited v Westminster City Council: CA 1990

An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990

British Railways Board v Secretary of State for the Environment and Another: HL 29 Oct 1993

Permission had been given for residential development of land provided that access was provided. The access specified was to be over land owned by the council. It was known that the Council would not allow such access. The land owner sought an order that the permission should stand but without the condition. The Secretary had … Continue reading British Railways Board v Secretary of State for the Environment and Another: HL 29 Oct 1993

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

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

Simms v Secretary of State for Environment, Broxtowe Borough Council: Admn 18 Mar 1997

The applicants appealed an enforcement notice, with regard to a change of use, to use land for a multiplicity of businesses. The inspector had suggested he would correct by amendment an error in the notice. The section provided that an amendment could be made unless it caused injustice. The applicant argued that an amendment could … Continue reading Simms v Secretary of State for Environment, Broxtowe Borough Council: Admn 18 Mar 1997

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

Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

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

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982

The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to oblige the chief constable to provide the level of support requested. Held: The … Continue reading Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982

Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993

The parties disputed what constituted an application under section 288 of the 1990 Act. Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the court rules. The Inspector’s letter was not sufficiently clear as to whether permission was being … Continue reading Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993

Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990

Nicholls LJ discussed the nature and enforcement of agreements under section 106 of the 1990 Act, saying: ‘A section 106 agreement may be enforced against the original covenantor in contract, and against successors in title to the original convenantor by virtue of sub.(2). Enforcement is a matter solely for the local planning authority, and there … Continue reading Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990

ISKCON v United Kingdom: ECHR 8 Mar 1994

(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an inspector the Secretary of State largely confirmed the enforcement notice. The High Court … Continue reading ISKCON v United Kingdom: ECHR 8 Mar 1994

London Residuary Body v Lambeth London Borough Council: HL 1990

Planning battles had raged over the use of the former GLC County Hall. The question was whether it was desirable and appropriate to retain use of part of the building for London Government offices and centred on the ‘competing needs’ test. Held: County Hall in London was not an office use, but was a Local … Continue reading London Residuary Body v Lambeth London Borough Council: HL 1990

Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002

The applicant sought to allow the roof of its store to be used as a helicopter landing pad, and sought a lawful use certificate. It asserted that such a use was incidental to its main normal use. The secretary of state refused a certificate, against the inspector’s advice, saying that such a use was not … Continue reading Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002

London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order. Held: The court noted that no person had yet been served with any documents, and that the legal landscape … Continue reading London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

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

Cresswell and Cresswell v Pearson: Admn 20 Mar 1997

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

Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997

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

Regina v Wicks: CACD 19 Apr 1995

A defendant facing a charge of not complying with an enforcement notice may not challenge the validity of the notice upon which the enforcement proceedings are based by asserting it to be unreasonable. Citations: Gazette 07-Jun-1995, Independent 11-May-1995, Times 19-Apr-1995 Statutes: Town and Country Planning Act 1990 179 (1) Jurisdiction: England and Wales Citing: Appealed … Continue reading Regina v Wicks: CACD 19 Apr 1995

Oldham Metropolitan Borough Council v Tanna: CA 10 Feb 2017

The council appealed against a finding that it had not validly served a notice on the respondent under section 215 of the 1990 Act. Judges: Arden, Lewison LJJ Citations: [2017] EWCA Civ 50, [2017] WLR(D) 91 Links: Bailii, WLRD Statutes: Town and Country Planning Act 1990 215 329, Local Government Act 1972 233 Jurisdiction: England … Continue reading Oldham Metropolitan Borough Council v Tanna: CA 10 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

Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder’s rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste … Continue reading Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

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

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

London Borough of Wandsworth v Mills and Allen Ltd and Another: Admn 5 Sep 1997

The Council sought orders to restrain the defendants from using certain land for the display of advertisements. Moriarty QC [1997] EWHC Admin 800 Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Town and Country Planning (Control of Advertisements) Regulations 1992 England and Wales Planning Updated: 03 January 2022; Ref: scu.137745

Withers v The Secretary of State for The Environment, The North Somerset District Council: Admn 9 Sep 1997

The appellants appealed a refusal of an inspector to set aside an enforcement notice with regard to the alteration of use of an outbuilding to a residence. He asserted that no enforcement action having been taken for four years, the enforcement could not proceed. There had been use over a longer period, but there had … Continue reading Withers v The Secretary of State for The Environment, The North Somerset District Council: Admn 9 Sep 1997

MH Services Ltd v Secretary of State for The Environment, Transport and The: Admn 14 Feb 2002

Application under Section 288 of the Town and Country Planning Act 1990 to quash the decision of an inspector whereby he upheld the refusal of planning permission to the applicants to erect a dwelling on land in Allendale in an area of outstanding natural beauty. The inspector treated the application as one for a new … Continue reading MH Services Ltd v Secretary of State for The Environment, Transport and The: Admn 14 Feb 2002

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

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

Royal London Mutual Insurance Society Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 16 Oct 2013

Application under section 288 of the Town and Country Planning 1990 (1990 Act) to quash a decision letter on the part of an inspector appointed by the First Defendant to hear an appeal lodged by the applicant under section 195 of the 1990 Act against refusal on the part of the Second Defendant to grant … Continue reading Royal London Mutual Insurance Society Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 16 Oct 2013

Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013

Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. Lady Clark of Calton [2013] ScotCS CSOH – 158 Bailii Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) … Continue reading Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

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

Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011

The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011

Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011

The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. The objector said that the Council should reconsider in the light of this ‘highly relevant’ change. Held: The … Continue reading Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

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

Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013

The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course. Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had also preserved the supporting text and reasoned justification: ‘it makes no sense to preserve naked ‘policies’ shorn … Continue reading Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013

Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008

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

Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011

Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002

The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been . .

Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003

The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .

Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

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 . .

Porter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt: CA 12 Oct 2001

Local authorities had obtained injunctions preventing the defendants from taking up occupation, where they had acquired land with a view to living on the plots in mobile homes, but where planning permission had been refused. The various defendants . .

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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