COMPENSATION – planning permission – revocation – Article 4 direction – Town and Country Planning General Development Order 1995 – whether indoor swimming pool and leisure block permitted development – estoppel – valuation – Town and Country Planning Act 1990, ss 107, 108 and 117 – compensation awarded pounds 31,700 Citations: [2006] EWLands LCA – … Continue reading Smith and Another v South Staffordshire District Council: LT 27 Jun 2006
Erection of mobile phone transmitter mast. Citations: [2004] EWHC 2145 (Admin) Links: Bailii Statutes: Town and Country Planning General Permitted Development Order 1995 Jurisdiction: England and Wales Planning Updated: 12 December 2022; Ref: scu.216001
Objection to notice arising from erection of polytunnels adjacent to grade II listed building. Judges: Birtles J Citations: [2013] EWHC 4109 (Admin) Links: Bailii Statutes: Town and Country Planning (General Permitted Development) Order 1995 Jurisdiction: England and Wales Planning Updated: 04 December 2022; Ref: scu.519335
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 authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading 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 appellant wished to challenge an enforcement notice. Judges: Stewart J Citations: [2013] EWHC 4006 (Admin) Links: Bailii Statutes: Town and Country Planning (General Permitted Development) Order 1995 Jurisdiction: England and Wales Planning Updated: 20 November 2022; Ref: scu.518991
Mobile phone mast. Citations: [2005] EWHC 1701 (Admin), [2006] JPL 362 Links: Bailii Statutes: Town and Country (General Permitted Development) Order 1995 Jurisdiction: England and Wales Planning Updated: 06 October 2022; Ref: scu.229296
LT COMPENSATION – planning permission – refusal of planning permission formerly granted by development order – inability to construct a stock proof fence – whether depreciation in the value of the claimant’s freehold interest – nil compensation awarded – Town and Country Planning Act 1990 ssl07 and 108 – Town and Country Planning (General Permitted … Continue reading Lancaster-Thomas v Teignbridge District Council: LT 18 Jun 2007
The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who use it the facilities required for day-to-day private domestic existence. McCullough … Continue reading Gravesham Borough Council v Secretary of State for the Environment: QBD 1982
The applicant built a shed on land behind his bungalow, but without planning consent. The planning authority issued enforcement proceedings. He appealed, contending that it fell within the Order. The inspector visited the property, and decided that it was not within the curtilage of the house. The land owner appealed. Held: Whether the shed was … Continue reading Crockett v Secretary of State for Transport, Local Government and the Regions and another: Admn 24 Oct 2002
The appellants challenged an enforcement notice saying that it was a development ‘reasonably necessary for the purposes of agriculture’ within an agricultural unit of at least 5 hectares. Held: Carnwath LJ, with whom the other members of the court agreed, observed at para 33 of his judgment that the inspector has wide powers to decide … Continue reading Tapecrown Ltd v First Secretary of State and Another: CA 21 Dec 2006
The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object. Held: The applicant had been deprived of her right to make objection to the application by the authortiy’s failure. If the authority had communicated its decision, she … Continue reading Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005
Judges: Aldous, Walker, Keene LJJ Citations: [2002] EWCA Civ 118 Links: Bailii Statutes: Town and Country Planning (General Permitted Development) Order 1995 Schedule 2, Part 4, Class B Jurisdiction: England and Wales Planning Updated: 23 June 2022; Ref: scu.216820
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
Over a long period of time the applicants had deposited large quantities of waste on their land to hard standings and tracks. They were served with enforcement notices alleging a change from agricultural use, to agricultural use with waste deposit, and unauthorised engineering and other operations in creating a hard standing, or that it was … Continue reading Taylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council: CA 31 Jul 2001
A licensee of a shop erected a stand outside to attract buyers. The authority issued enforcement notices as regards the change of use to retail shop, and for the use of the stand. The inspector found that the change of use of the premises was within the use class, and the stand was permitted as … Continue reading North Cornwall District Council v Secretary of State for Transport, Local Government and the Regions and another: QBD 28 Oct 2002
A building had been erected under permission for a ‘weekend and holiday chalet’. In response to an enforcement notice served in relation to an extension to it, the Appellant submitted that the extension was permitted development because the building was in truth a dwelling-house. Held: Whether it was or was not a dwelling-house was a … Continue reading Gravesham Borough Council v Secretary of State for the Environment: 1984
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
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
Land had been altered to allow for racing etc of off road vehicles. That was granted a lawful development certificate. No permission was required for activities taking place for 28 days or less in a year, and the applicants sought a certificate to use the land for off road activities within that limit. The request … Continue reading Ramsey and Another v Secretary of State for Environment Transport and the Regions and Another: QBD 15 May 2001
A coach house itself had a separate listing in the register from the house in the grounds of which it lay. The house owner obtained permission for work on a garage close to the coach house, but no notice was given to the owner of the coach house. Held: The breach of the rules was … Continue reading Regina v Bolsover District Council, Ex Parte Paterson: QBD 6 Jul 2000
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
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
His Honour Judge Jarman QC, Sitting as a Judge of the High Court [2020] EWHC 2588 (Admin) Bailii Town and Country Planning (General Permitted Development) Order 1995 England and Wales Planning Updated: 08 January 2022; Ref: scu.654997
Where an application for listed buildings consent had been refused on the basis that the application was invalid, on an appeal the Secretary of State had the power also to judge on the validity issue. Times 28-Jan-1999, Gazette 24-Feb-1999 Town and Country Planning (General Development Procedure) Order 1995 (1995 No 419) England and Wales Planning … Continue reading Regina v Secretary of State for the Environment Transport and Regions, Ex P Bath and North East Somerset District Council: QBD 28 Jan 1999
The claimant sought to set aside a decision of the defendant to refuse their claims for exemptions from the amendment of the Town and Country Planning (General Permitted Development) Order 1995 Collins J [2013] EWHC 4009 (Admin) Bailii Town and Country Planning (General Permitted Development) Order 1995 Planning Updated: 28 November 2021; Ref: scu.519338
The assessment of whether prior approval would be required for the development of an agricultural building onder the GDO 1995 was a summary one. Birtles Judge [2013] EWHC 3958 (Admin), [2013] WLR (D) 510 Bailii, WLRD Town and Country Planning (General Permitted Development) Order 1995 England and Wales Planning Updated: 27 November 2021; Ref: scu.518992
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 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 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
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
The claimant sought to challenge the grant of planning permission given to allow works to implement a flood management programme, saying that decision had failed to comply with the 1999 Regulations in that no Environmental Impact Assessment had been . .
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. . .
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
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