Category: Planning

Dido Berkeley v Secretary of State for Environment and Fulham Football Club: CA 2 Mar 1998

Failure to obtain environmental statement did not vitiate planning decision where there had otherwise been a thorough and fair planning procedure. A finding that the Secretary had acted in breach of regulations governing procedure on planning appeals, was a factor to be allowed for when deciding costs even though it did not affect the outcome.

Citations:

Times 02-Mar-1998, Times 07-Apr-1998, [1998] EWCA Civ 217, [1998] EWCA Civ 218

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)

Jurisdiction:

England and Wales

Planning

Updated: 14 November 2022; Ref: scu.78352

MWH Associates Ltd v Wrexham County Borough Council: CA 28 Nov 2012

Citations:

[2012] EWCA Civ 1884

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – MWH Associates Ltd v Wrexham County Borough Council UTLC 19-Jul-2011
UTLC COMPENSATION – modification order – review of mineral planning permission under Environment Act 1995 – basis of claim – whether depreciation of the value of land or loss of profits – Habitats Regulations . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 14 November 2022; Ref: scu.471230

Sussex Investments Limited v Secretary of State for Environment Spelthorne Borough Council: CA 18 Dec 1997

Whether a floating house is a houseboat is not just a question of having a boat-like shape, but is a question of fact and degree.

Citations:

Times 29-Dec-1997, [1997] EWCA Civ 3049

Jurisdiction:

England and Wales

Citing:

Appeal from – Sussex Investments Limited v The Secretary Of State For The Environment, Spelthorne Borough Council Admn 28-Oct-1996
The plaintiff requested that an enforcement notice should be quashed. Two earlier decision notices had already been quashed. At issue was a houseboat constructed on a floating wooden raft. There was an existing use certificate for a houseboat. Was . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 13 November 2022; Ref: scu.143448

Regina v Bassetlaw District Council, Ex parte Oxby: CA 11 Dec 1997

Hobhouse LJ stated that ‘if it has been clearly established . . that a planning consent was improperly and invalidly granted, then it should, in principle, be declared to be void’.

Judges:

Hobhouse LJ

Citations:

[1997] EWCA Civ 2960, [1998] PLCR 283

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Bassetlaw District Council ex parte Oxby Admn 11-Dec-1996
. .

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Planning

Updated: 13 November 2022; Ref: scu.143359

Skerritts of Nottingham Ltd v Secretary of State for Environment, Transport and Regions and Another: CA 22 Mar 2000

The court was asked whether the erection of a marquee in the grounds of an hotel amounted to a development requiring planning permission. The hotel was a listed building. The marquee was only taken down once a year.
Held: The marquee required permission.

Judges:

Morritt, Pill, Schiemann LJJ

Citations:

[2000] EWCA Civ 5569

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 55(1)

Jurisdiction:

England and Wales

Planning

Updated: 13 November 2022; Ref: scu.470746

Telford and Wrekin Council v Secretary of State for Communities and Local Government: Admn 29 Jan 2013

Permission had been granted for use of a building as a garden centre subject to a condition in these terms: ‘prior to the garden centre hereby approved opening, details of the proposed types of products to be sold should be submitted to and agreed in writing by the local planning authority.’ It was accepted that use as a garden centre was a retail use within Use Class A1, and that apart from the condition it could have been used without permission for any other use within that class. Application was made for a certificate of lawful use to that effect, The planning inspector found that the condition was insufficiently clear to exclude the rights otherwise available under the Use Classes Order.
Held: Leave to appeal was refused. Beatson LJ detected ‘a degree of tension’ between the approaches in the two previous cases: ‘The Sevenoaks case involved a condition that was considered clear and without ambiguity. Sullivan J emphasised the need for clarity and certainty on the face of the condition, in particular because a planning permission is a public document which is likely to affect third party rights and the wider public and on which they are entitled to rely, and because breach of a condition may ultimately have criminal consequences. Hulme’s case appears to take a less strict approach in the context of words in a condition Elias LJ (at para 31) described as ‘particularly opaque’. .’

Judges:

Beatson LJ

Citations:

[2013] EWHC 79 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hulme v Secretary of State for Communities and Local Government and Another CA 26-May-2011
Permission had been granted for a windfarm, subject to a complex group of conditions, designed to mitigate noise, including (as it was described) ‘blade swish’. Condition 20 required the operator, in the event of a complaint from a local resident, . .

Cited by:

Cited – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 13 November 2022; Ref: scu.470625

Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale: ECJ 22 Mar 2012

ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ – Applicability of the directive to a procedure for the total or partial repeal of a land use plan)

Judges:

J-C Bonichot, P

Citations:

[2012] EUECJ C-567/10, [2012] 2 CMLR 30

Links:

Bailii

Statutes:

Directive 2001/42/EC

Jurisdiction:

European

Citing:

Opinion – Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale ECJ 17-Nov-2011
ECJ Opinion – French Text – Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Applicability of the Directive in a proceeding to repeal all or part of a plan of . .

Cited by:

Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 13 November 2022; Ref: scu.470543

Staffordshire County Council v Challinor and Another: CA 17 Aug 2007

Judges:

Rix LJ, Keene LJ, Hughes LJ

Citations:

[2007] EWCA Civ 864

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 285(1)

Jurisdiction:

England and Wales

Citing:

See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007
Request for injunction to restrain breach of enforcement notice. . .
See Also – Challinor v Regina CACD 17-Aug-2007
. .

Cited by:

See Also – Challinor v Staffordshire County Council CA 9-Feb-2011
The claimant appealed against the strike out of his claim as an abuse of process. He had appealed against a planning enforcement notice. . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 12 November 2022; Ref: scu.258789

Zurich Assurance Ltd (T/A Threadneedle Property Investments), Regina (on The Application of) v North Lincolnshire Council and Another: Admn 20 Dec 2012

The claimant, ownerof the freehold of a nearby shopping centre, sought to challenge the respondent’s decision to allow the demolition of a garden centre to make way for another shopping centre.

Judges:

Hickinbottom J

Citations:

[2012] EWHC 3708 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 12 November 2022; Ref: scu.467256

Larkfleet Ltd v Secretary of State for Communities and Local Government and Another: Admn 19 Dec 2012

Application challenging the dismissal by the respondent of the Claimant’s appeal against the Council’s refusal to grant outline planning permission for a ‘sustainable urban extension’ to Grantham, comprising at least 1,000 dwelling houses and other development on land to the north of Grantham

Judges:

Kenneth Parker J

Citations:

[2012] EWHC 3592 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 12 November 2022; Ref: scu.467200

Fidler v First Secretary of State and others: Admn 1 Oct 2003

Citations:

[2003] EWHC 2003 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Burdle v Secretary of State for the Environment QBD 22-Jun-1972
The appellants had purchased land which had been used as a dwelling with a lean-to annex which had been used as a scrap yard, selling off car parts. The appellant had reconstructed the annex with a shop front, and began to use it more substantially . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 10 November 2022; Ref: scu.186549

West Midlands Probation Committee v Secretary of State for Environment and Walsall Metropolitan Borough Council: CA 7 Nov 1997

Fears of local residents about application for bail hostel were relevant when deciding planning application; impact on neighbours.

Judges:

Hirst, Swinton Thomas, Pill LJJ

Citations:

Times 01-Dec-1997, [1997] EWCA Civ 2682, (1998) 10 Admin LR 297, (1998) 76 P and CR 589, [1998] JPL 388, [1997] NPC 157

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – West Midlands Probation Committee v Secretary of State for the Environment and Another QBD 18-Oct-1996
A justified expectation of crime can be valid ground affecting planning decision. . .
Cited – 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? . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 10 November 2022; Ref: scu.143081

Buckley v Cheshire East Borough Council (Compensation – Planning Permission): UTLC 18 Mar 2020

COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – ‘limited infill in a village’ – conflict with the development plan – material considerations – open countryside – Jodrell Bank Telescope – Conservation of Habitats and Species Regulations 2017

Citations:

[2020] UKUT 75 (LC)

Links:

Bailii

Statutes:

Conservation of Habitats and Species Regulations 2017

Jurisdiction:

England and Wales

Planning

Updated: 10 November 2022; Ref: scu.649220

ELS Wholesale (Wolverhampton) Limited v Secretary of State: 1987

Planning appeal decision letters are not to be read on the basis that the Inspector is writing an examination paper, and one has to look not at the minutiae but at the real sense and basic content of the decision to which he had come.

Citations:

(1987) 56 PandCR 69

Jurisdiction:

England and Wales

Cited by:

Cited – Colney Heath Parish Council v Secretary of State for Communities and Local Government and Others Admn 22-Apr-2009
The Council challenged the grant of planning permission after a public enquiry for a mobile home and touring caravan site for gypsy families. They said that the inspector had not taken account of their objections to its effect on the flood plain and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 09 November 2022; Ref: scu.342126

Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 1997

A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission.
Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission which would not otherwise have been granted. Whether a proposed development complies with the local planning policy is a matter for the Local Authority, not a matter of law for the courts to decide. It was not unlawful for a planning authority to allow for likelihood of enforcement action when deciding on a retrospective planning application. The Inspector was entitled to adopt the process of analysis which seemed to him to be appropriate to the circumstances of the case.

Judges:

Schiemann LJ, Robert Walker LJ

Citations:

Gazette 26-Nov-1997, Times 18-Nov-1997, [1997] EWCA Civ 2585, [1998] JPL 335, [1997] 76 P and CR 346

Statutes:

Town and Country Planning Act 1990

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Leominster District Council ex parte Patricia Pothecary Admn 16-Jan-1997
Retrospective application for planning rather than enforcement – lawfulness. . .

Cited by:

Appealed to – Regina v Leominster District Council ex parte Patricia Pothecary Admn 16-Jan-1997
Retrospective application for planning rather than enforcement – lawfulness. . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council CA 29-Sep-2004
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The . .
Lists of cited by and citing cases may be incomplete.

Planning, Agriculture

Updated: 09 November 2022; Ref: scu.142984

Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council: CA 10 Oct 1997

The applicants appealed against an enforcement notice. They had constructed a vehicular access to their cottage over the site of a footpath. They claimed it was permitted as the construction of access to the highway.
Held: The construction of such a drive over a public footpath could be an offence under the Road Traffic Act. The permission under the order could not be extended so as to allow alteration of or interference with public rights. The right to create access cannot be allowed to create something which would itself be a highway.

Judges:

Lord Justice Simon Brown, Lord Justice Robert Walker, Lord Justice Buxton

Citations:

[1997] EWCA Civ 2457

Statutes:

General Permitted Development Order 1995 Class B of Part 2 of Schedule, Road Traffic Act 1988 34(1)(b

Jurisdiction:

England and Wales

Planning

Updated: 09 November 2022; Ref: scu.142855

Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it was an unsafe development. The highway did not have continuing independent discretion to refuse to enter into the section 278 agreement.
Simon Brown LJ stated that ‘because of its independence and because of the process by which it is arrived at’, the inspector’s conclusion had become ‘the only properly tenable view on the issue of road safety’.

Judges:

Simon Brown LJ, Otton LJ, Mummery LJ

Citations:

[1997] EWCA Civ 2280, (1997) 96 LGR 617

Links:

Bailii

Statutes:

Highways Act 1980 278

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .
Leave to Appeal granted – Regina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Onibiyo CA 28-Mar-1996
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of . .
Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .

Cited by:

Cited – Portsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
Cited – Evans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 09 November 2022; Ref: scu.142677

Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997

The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.

Judges:

Potter, Brooke LJJ

Citations:

[1997] EWCA Civ 2247, [1997] PIQR P488

Statutes:

Town and Country Planning Act 1990 29, Environmental Protection Act 1990 Part III, Public Health Act 1936 91

Jurisdiction:

England and Wales

Citing:

Cited – Strable v Dartford Borough Council CA 1984
A local authority is not liable in damages for a negligent failure properly to complete its planning law duties. No action lay and the remedy available to an individual in such a case is to object on appeal to the Secretary of State and, if still . .
Cited – Dunlop v Woolahara Municipal Council PC 1981
A council had no liabiity in a private action for damages for a breach of statutory duty in its handling of a planning application. While doubting that it was so, Lord Diplock left open the question whether an individual injuriously affected by . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Sion v Hampstead Heath Authority CA 1994
A young man was injured in a motor-cycle accident and was taken to the defendant’s hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
Cited – Buxton v Minister of Housing and Local Government 1961
The planning functions of a local authority are exercised in the public interest. Salmon J said: ‘The scheme of the Town and Country Planning Legislation, in my judgment, is to restrict development for the benefit of the public at large and not to . .
Cited – Stringer v Ministry of Housing and Local Government 1970
The material considerations to be allowed for by the local authority in exercising its planning functions are considerations of a planning nature, ‘all considerations relating to the use and development of land are considerations which may, in a . .
Cited – Stovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
Cited – Ryeford Homes v Seven Oaks District Council 1989
The planning function is exercised by a local authority on behalf of the public at large and not for private individuals. . .
Cited – Tidman v Reading Borough Council QBD 4-Nov-1994
The plaintiff wanted to sell his land. The purchaser wished to know the planning status and prospects for the land. The local authority published a leaflet encouraging those interested to seek guidance from the authority’s planning officers. The . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Cited – Dorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – Anns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .

Cited by:

Cited – Kane v New Forest District Council CA 13-Jun-2001
A pedestrian walked from a footpath into the road and was hit by a car. She sought damages from the highway authority, saying that they had allowed vegetation to grow to an extent to make it impossible to be seen. As a second tier appeal, the . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Personal Injury, Planning, Local Government

Updated: 09 November 2022; Ref: scu.142644

MJT Securities Limited v Secretary of State for Environment: CA 30 Jul 1997

Citations:

[1997] EWCA Civ 2243

Jurisdiction:

England and Wales

Citing:

Cited – 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? . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 09 November 2022; Ref: scu.142640

Moore v Secretary of State for Communities and Local Government and Another: Admn 16 Nov 2012

Citations:

[2012] EWHC 3192 (Admin)

Links:

Bailii

Citing:

See Also – Moore v Secretary of State for Communities and Local Government and Another CA 18-Sep-2012
An enforcement notice had been issued alleging an unlawful change of use without planning permission of the Appellant’s property from a C3 dwelling to use as commercial leisure accommodation. . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 06 November 2022; Ref: scu.465838

Oxton Farms, Samuel Smith Old Brewery (Tadcaster) v Selby District Council, Persimmon Homes (Yorkshire) Limited: CA 18 Apr 1997

The complainants challenged a decision to grant planning permission to develop houses on land neighbouring theirs. They owned a substantial proportion of land in the neighbourhood, and they were not bringing enough land forward to allow fulfillment of perceived requirements.
Held: Such permission could only be granted, because of its position, in exceptional circumstances. In this case the report was clear and adequate, and the consequent decision stood.

Citations:

[1997] EWCA Civ 4004, [2017] PTSR 1103, [1997] EG 60

Links:

Bailii

Statutes:

Town and Country Planning Act 1990

Jurisdiction:

England and Wales

Planning

Updated: 06 November 2022; Ref: scu.141836

Rance v Regina: CACD 9 Oct 2012

The defendant appealed against the extent of fine and costs awards made against him following conviction for effective demolition of a substantial victorian property within a conservation area without consent. The court had refused to believe his statements as to his assets and income, but had also refused a confiscation order. The defendant said that he had indeed been wealthy but had lost it all in the property crash, and that the judge had not undertaken a proper enquiry as to his financial situation, and had allowed for support given to him by others.
Held: The appeal succeeded in part. The defendant had contributed to the situation by failing to anticipate the information the court would need. The judge had been entitled, in a complicated stuation, to rely on the defendant’s first description of his finances. He was entitled so to act.
As to whether the fine was disproportionate, the 1990 Act required the court to look at the benefits which might accrue to the defendant from his offence. The court had looked at the increased profit resulting from the defendant’s behaviour. Looking at historic cases, the fine was too large and was adjusted accordingly.

Judges:

Moses LJ, Keith, Foskett JJ

Citations:

[2012] EWCA Crim 2023

Links:

Bailii

Statutes:

Planning (Listed Buildings in Conservation Areas) Act 1990, Criminal Justice Act 2003 16491)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Charalambous CACD 1984
The defendant appealed agains the financial penaties imposed.
Held: It was unjust that ‘a family should be fined’. . .
Cited – Regina v Curtis CACD 1984
The defendant, a lorry driver had been fined andpound;10,000 for fraudulent evasion of the payment of duty on tobacco. The sentencer had indicated that he had imposed the fine to see ‘if those who had put the appellant up to the offence’ would pay. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Planning

Updated: 05 November 2022; Ref: scu.464760

Moore v Secretary of State for Communities and Local Government and Another: CA 18 Sep 2012

An enforcement notice had been issued alleging an unlawful change of use without planning permission of the Appellant’s property from a C3 dwelling to use as commercial leisure accommodation.

Judges:

Lord Neuberger MR, Sullivan LJ

Citations:

[2012] EWCA Civ 1202

Links:

Bailii

Statutes:

Town and Country Planning (Use Classes) Order 1987

Jurisdiction:

England and Wales

Citing:

Cited – Gravesham Borough Council v Secretary of State for the Environment 1984
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 . .
Cited – Blackpool Borough Council v Secretary of State for the Environment CA 1900
A house had been used by the owner as a second home for holidays by himself and his family, by members of his office staff, and by ‘family groups’ who paid rent. There were lettings at a rent for 10 out of 18 weeks in the four month holiday season; . .
Cited – Moore v Secretary of State for Environment and New Forest District Council CA 18-Feb-1998
The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority . .
Cited – Gravesham Borough Council v Secretary of State for the Environment 1984
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 . .
Cited – Tapecrown Ltd v First Secretary of State and Another CA 21-Dec-2006
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 . .

Cited by:

See Also – Moore v Secretary of State for Communities and Local Government and Another Admn 16-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 05 November 2022; Ref: scu.464650

Cairngorms Campaign and Others v Cairngorms National Park Authority: SCS 21 Sep 2012

(Opinion) The appellants objected to decisions by the respondent planning authority for the allocation of plots of land for residential and other development within the National Park.

Judges:

Lord Glennie

Citations:

[2012] ScotCS CSOH – 153

Links:

Bailii

Statutes:

Town and Country Planning (Scotland) Act 1997

Scotland, Planning

Updated: 05 November 2022; Ref: scu.464409

Miller and others v Wycombe District Council: CA 27 Feb 1997

Challenge to adoption of a local plan

Citations:

[1997] EWCA Civ 1116, [1997] JPL 951, [1997] NPC 36, [1997] EG 26

Links:

Bailii

Statutes:

Town and Country Planning (Development Plan) Regulations 1991 16(1)

Jurisdiction:

England and Wales

Citing:

Cited – 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? . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 05 November 2022; Ref: scu.141512

Persimmon Homes (North West) Ltd and others v The First Secretary of State and Another: Admn 25 Oct 2006

Judges:

Bean J

Citations:

[2006] EWHC 2643 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ashbridge Investments Ltd v Minister of Housing and Local Government CA 1965
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 04 November 2022; Ref: scu.245974

Edwards, Regina (on the Application Of) v Environment Agency and others: Admn 19 Apr 2005

Judges:

Lindsay J

Citations:

[2005] EWHC 657 (Admin), [2006] Env LR 3, [2005] JPL 1576, [2005] NPC 53, [2006] NPC 74

Links:

Bailii

Statutes:

Environmental Protection Act 1990, Pollution Prevention and Control (England and Wales) Regulations 2000

Jurisdiction:

England and Wales

Cited by:

Cited – Edwards and Another, Regina (on The Application of) v Environment Agency and Others SC 15-Dec-2010
Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 04 November 2022; Ref: scu.224386

Lomax and others v Secretary of State for Transport, Local Government and the Regions and another: Admn 10 May 2002

The authority sought compulsory purchase of land which adjoined a motorway. An agreement was made before the enquiry, but the inspector felt that others who were not represented would also be affected, and recommended rejection of the agreement. The Secretary of State proceeded, after substantial correspondence including with the objectors. The objectors complained that though affected they had not been given opportunity to object as required by the rules.
Held: For a breach of the rule to have taken place there had to be new material taken into account by the secretary which was causative of the decision, and that, if he had abided by rule 17(4), might have led to a different decision. In this case though the rule had been breached, the applicants could not show that they had been prejudiced in this way.

Citations:

Gazette 23-May-2002

Statutes:

Acquisition of Land Act 1981 23(2), Compulsory Purchase Rules 1990 17(4), Town and Country Planning Act 1990 266

Jurisdiction:

England and Wales

Land, Planning

Updated: 04 November 2022; Ref: scu.171267

Willowslea Farm Kennels Ltd v Secretary of State for Transport, Local Government and the Regions and another: Admn 10 May 2002

The claimants operated a kennels from near an airport. They objected that the construction of an extension to the airport would give rise to pollution which would threaten the health of their staff and the dogs in their care, and sought the imposition to the permission that would require monitoring of particular airborne pollutants.
Held: In an extremely long and complicated enquiry, the inspector had recognised the possible justice of the request, but had not had made available to him recognised standards or the means to support such a condition. His decision was not irrational or perverse, and the challenge failed.

Judges:

Justice Sullivan

Citations:

Times 23-May-2002

Jurisdiction:

England and Wales

Planning

Updated: 04 November 2022; Ref: scu.171288

Hillside Parks Ltd v Snowdonia National Park Authority: CA 3 Nov 2020

Judges:

Lord Justice Singh

Citations:

[2020] EWCA Civ 1440

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hillside Parks Ltd v Snowdonia National Park Authority SC 2-Nov-2022
This appeal raises issues of importance in planning law about the relationship between successive grants of planning permission for development on the same land and, in particular, about the effect of implementing one planning permission on another . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 04 November 2022; Ref: scu.655571

Thames Heliport Plc v London Borough of Tower Hamlets: CA 28 Nov 1996

The use of a tethered barge as a heliport constituted a change of use of the land under the river.

Citations:

Times 10-Dec-1996, [1996] EWCA Civ 1063

Statutes:

Town and Country Planning Act 1990 55

Jurisdiction:

England and Wales

Citing:

Cited – The Carlgarth 1927
Scrutton LJ said: ‘When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters, you invite him to use the staircase in the ordinary way in which it is used.’ and ‘Another distinction is that in a . .
Cited – Burdle v Secretary of State for the Environment QBD 22-Jun-1972
The appellants had purchased land which had been used as a dwelling with a lean-to annex which had been used as a scrap yard, selling off car parts. The appellant had reconstructed the annex with a shop front, and began to use it more substantially . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 03 November 2022; Ref: scu.140930

Loader, Regina (on The Application of) v Secretary of State for Communities and Local Goverment and Others: CA 29 Jun 2012

Pill LJ considered the adoption of screening opinions by local planning authorities: ‘Mr Maurici [for the Secretary of State] accepted that screening decisions will usually be made at an early stage of the planning process. However, if a council came to the belief during the course of making the decision that the proposed development might have significant effects on the environment it would be open to the council to require an environmental statement at that stage . . ‘

Judges:

Pill LJ

Citations:

[2012] EWCA Civ 869

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Champion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 03 November 2022; Ref: scu.461769

Free Grammar School of John Lyon v City of Westminster Council: UTLC 3 May 2012

UTLC COMPENSATION – tree preservation order – cracks appearing in house – refusal of consent to fell robinia in adjoining garden – claim for costs of underpinning works – the basis for determining causation and foreseeability – whether need for underpinning caused by robinia – whether loss or damage reasonably foreseeable when consent refused – whether reasonable steps taken to mitigate loss or damage – whether interest payable on compensation moneys and if so on what basis – Town and Country Planning Act 1990, s203

Citations:

[2012] UKUT 117 (LC)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 203

Jurisdiction:

England and Wales

Land, Planning

Updated: 01 November 2022; Ref: scu.460256