The House referred to the European Court the question as to whether an environmental impact assessment was required if outline permission having been granted without an assessment, the matter proceeds with approval of the matters reserved.
Bingham of Cornhill, Steyn, Hope of Craighead, Hutton, and Scott of Foscote
[2003] UKHL 45
England and Wales
Updated: 16 June 2022; Ref: scu.184237
[2004] EWHC 1902 (Admin)
England and Wales
Updated: 16 June 2022; Ref: scu.199837
Kerr J
[2019] EWHC 682 (Admin)
England and Wales
Updated: 14 June 2022; Ref: scu.635165
The local authority appealed against the decision of the inspector to grant planning permission for a gypsy and traveller site. The district had no existing site.
Cranston J
[2008] EWHC 1001 (Admin)
England and Wales
Updated: 14 June 2022; Ref: scu.267572
[1997] EWHC Admin 31
England and Wales
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.
Updated: 14 June 2022; Ref: scu.136976
Dove J
[2019] EWHC 746 (Admin)
England and Wales
Updated: 14 June 2022; Ref: scu.635169
[2018] EWHC 2857 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.628050
[2018] EWHC 2386 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.625896
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the site. The court was asked whether that 1965 resumption amounted to an unauthorised change of use. The Minister and the Divisional Court held that it did. The appellant site owner submitted: ‘The intention is an essential element; and here the evidence supports the view that though the widow, because of her son’s youth and inexperience, told him not to sell cars, she would have liked the car sales to continue since the demand was there; so the evidence is that the car sales use was only temporarily suspended until such time as the then owners felt able to resume it.’
Held: The submission failed.
Lord Denning MR: ‘The question in all such cases is simply this: Has the cessation of use (followed by a non-use) been merely temporary, or did it amount to an abandonment? If it was merely temporary, the previous use can be resumed without planning permission being obtained. If it amounted to abandonment, it cannot be resumed unless planning permission is obtained. … Abandonment depends on the circumstances. If the land has remained unused for a considerable time, in such circumstances that a reasonable man might conclude that the previous use had been abandoned, then the tribunal may hold it to have been abandoned.’
Widgery LJ: ‘The substance of the defence of the appellant in this case must be that although it seems there had been no car sales use from 1961 to 1965, yet on a fair and commonsense view of the facts, the proper interpretation of those facts was that the original phase 1 use for car sales had never come to an end. It is in connection with that argument that the question of abandonment arises.
It has been suggested in the courts before, and it seems to me that it is now time to reach a view upon it, that it is perfectly feasible in this context to describe a use as having been abandoned when one means that it has not merely been suspended for a short and determined period, but has ceased with no intention to resume it at any particular time. It is perfectly true, as Mr. Glidewell says, that the word ‘abandonment’ does not appear in the legislation. We are not concerned with the legislation at this stage but merely with the facts of the matter. I cannot think of a better word to describe a situation in which the land owner has stopped the activities constituting the use not merely for a temporary period, but with no view to their being resumed. If that has happened, then, as a matter of fact, the use has ceased.’
Lord Denning MR, Widgery LJ
[1970] 1 QB 413
England and Wales
Cited – Hughes v Secretary of State for the Environment, Transport and the Regions and Another CA 19-Jan-2000
A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost.
Held: The . .
Cited – White v Secretary of State for the Environment CA 1989
W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.247935
Compulsory purchase of land to build new stadium for Arsenal football club.
Mr Justice Collins
[2005] EWHC 18 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.221453
Richards J
[2005] EWHC 424 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.223851
[2004] EWHC 2846 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.220539
[2004] EWHC 2583 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.219539
A challenge to the Poole Local Plan First Revision.
[2004] EWHC 2480 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.219262
[2004] EWHC 2532 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.219527
Sullivan J
[2004] EWHC 2396 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.219222
[2004] EWHC 2666 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.219724
[2004] EWHC 2167 (Admin)
England and Wales
Updated: 13 June 2022; Ref: scu.216002
[2004] EWHC 2262 (Admin)
England and Wales
Cited – G Percy Trentham Ltd v Gloucestershire County Council CA 1966
Whenever it is possible to recognise a single main purpose of the occupier’s use of his land to which secondary activities are incidental, the whole unit of occupation should be considered as one planning unit.
Lord Parker CJ: ‘Town and Country . .
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.
Updated: 13 June 2022; Ref: scu.218719
[2001] ScotCS 286
Scotland
Updated: 13 June 2022; Ref: scu.202265
[2001] EWHC Admin 987
England and Wales
Updated: 13 June 2022; Ref: scu.201616
[2001] EWCA Civ 1366
England and Wales
Updated: 13 June 2022; Ref: scu.201325
Appeal by the second defendant from a decision granting an injunction (a) restraining the defendants from causing, suffering, permitting or assisting in the display of advertisements other than in compliance with the Town and Country Planning (Control of Advertisements) Regulations 1992 (‘the 1992 Regulations’), and (b) that the first two defendants permanently remove from the Harvey Nichols Department Store, at 109-125 Knightsbridge, London, and the adjoining highway the shroud advertisement displayed there.
Pill, Dyson LJJ
[2001] 3 PLR 71, [2002] 1 P and CR 29, [2002] JPL 175, [2001] EWCA Civ 702
England and Wales
Updated: 11 June 2022; Ref: scu.201081
Appeal from a judgment which concerns an application for certiorari to quash two certificates of lawfulness of proposed use or development.
Pill, Mantell, Buxton LJJ
[2001] EWCA Civ 559, [2001] JPL 1436 (Note), [2001] 3 PLR 52, [2002] 1 P and CR 7, [2002] PLCR 6, [2001] 13 EGCS 151
England and Wales
Updated: 11 June 2022; Ref: scu.200937
[2001] EWCA Civ 96
England and Wales
Updated: 11 June 2022; Ref: scu.200762
[2019] EWHC 556 (Admin)
England and Wales
Updated: 11 June 2022; Ref: scu.634770
[2019] EWHC 621 (Admin)
England and Wales
Updated: 11 June 2022; Ref: scu.634772
[2018] EWCA Civ 2229
England and Wales
Updated: 11 June 2022; Ref: scu.625961
[2004] EWCA Civ 1060
England and Wales
Updated: 11 June 2022; Ref: scu.199985
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights of amenity existed. Here the interference with rights was not by the state, but another private individual. Article 8 made no significant impact upon the task to be performed by the Inspector. The Inspector struck a balance which was entirely in accord with the requirements of Article 8 and the jurisprudence under it.
Lord Justice Pill Lord Justice Keene And Lord Justice Scott Baker
[2004] EWCA Civ 905, Times 29-Jul-2004, [2004] 1 WLR 2557
European Convention on Human Rights 8
England and Wales
Appeal from – Lough and others v First Secretary of State Admn 21-Jan-2004
The claimants challenged the grant of planning permission for neighbouring land. . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Lopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
Cited – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Gosbee and Another, Regina (on the Application Of) v First Secretary of State and Another Admn 20-Mar-2003
A bungalow was not demolished as required by a condition when planning permission for a new dwelling was given. An enforcement notice was issued requiring the demolition of the bungalow.
Held: ‘in determining whether the interference is . .
Cited – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – Powell and Rayner v The United Kingdom ECHR 21-Feb-1990
The applicants complained of the noise generated by Heathrow Airport saying that it affected their human rights to enjoy their private life and possessions.
Held: Whether the case was analysed in terms of a positive duty on the state to take . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Appealed to – Lough and others v First Secretary of State Admn 21-Jan-2004
The claimants challenged the grant of planning permission for neighbouring land. . .
Cited – O’Brien and others v South Cambridgeshire District Council CA 24-Oct-2008
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198852
[2004] EWHC 1341 (Admin)
England and Wales
Updated: 11 June 2022; Ref: scu.198215
Mr Justice Richards
[2004] EWHC 1194 (Admin)
England and Wales
Updated: 11 June 2022; Ref: scu.197938
Appeal against refusal to grant lawful development certificates
The Hon Mr Justice Evans-Lombe
[2004] EWHC 1253 (Admin)
England and Wales
Updated: 11 June 2022; Ref: scu.197868
A club offering bulk buying to its members was not a shop ‘for retail sale’. The planning consent was lawful where the use was properly within the class, even though it was a wide use.
Independent 28-Oct-1993, Times 05-Nov-1993
England and Wales
Updated: 11 June 2022; Ref: scu.88189
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 278 must be interpreted accordingly. In my opinion, where the benefit to the public of the proposed highway works, in respect of which an agreement with the Highway Authority is sought under Section 278 of the 1980 Act, has been fully considered and determined in the planning process, because the highway works in question form a detailed and related aspect of the application for development of land in respect of which planning consent has been properly obtained through that planning process, then the Highway Authority’s discretion whether to enter into the Section 278 agreement will necessarily be somewhat limited. In such a case, the matters remaining to be considered by the Highway Authority in the proper exercise of its discretion under Section 278, are likely to be relatively minor in nature. I agree with Mr Hicks that the proper exercise of that discretion by the Highway Authority will not embrace a further and separate reconsideration of the benefit to the public of the highway works in question by reference to the same reasons as those which had already been considered and determined in the planning process. If such a reconsideration by the Highway Authority were to be a proper exercise of its discretion under Section 278, then that would largely frustrate the scheme of the legislation of which Section 278 is conceded to be part. This would be particularly so where, as in the present case, there has been no challenge to the validity of the relevant planning decision pursuant to Section 288 of the Town and Country Planning Act 1990, notwithstanding the Highway Authority’s right to bring such a challenge under that Section.’
As to the challenge by Powergen on Wednesbury grounds: ‘In this case there had been a dispute as to the balance of the public interest with regard to the proposed development. The adequacy of the access arrangements and the related highway works was one factor in that balance. In the course of the planning process, the County Council as Highway Authority argued that, because of the lack of forward visibility, the balance of public interest was against the proposed development for road safety reasons. The dispute was fully argued at the planning appeal and determined by the Secretary of State by his duly appointed Inspector. The Inspector’s conclusions were clear and were not challenged pursuant to Section 288 of the 1990 Act, within the prescribed time limits or at all. Having regard to the terms of Section 284 of the 1990 Act, I accept Mr Hicks’ submission that the Inspector’s conclusions should be treated as both reasonable and final. The present proceedings are not the place to reconsider the merits of the foregoing dispute. Since the development proposals as a whole were found to be in the public interest, so too were the detailed highway works which formed a necessary and related part of those proposals. In those circumstances, I accept Mr Hicks’ submission that no reasonable Highway Authority would, on the sole basis of the arguments as to road safety which had been fully considered and determined in the planning process, refuse to enter into any necessary Section 278 Agreement on the grounds that to do so was not a benefit to the public, thereby preventing the development from proceeding. I have therefore come to the conclusion that the decision of the County Council in this case to refuse to enter into the Section 278 agreement in question is both perverse and unreasonable in the Wednesbury sense. As Mr Hicks succinctly put it, it cannot be reasonable for the Highway Authority to allow a decision of the Secretary of State to be implemented only if it agrees with that decision.’
Forbes J
Times 09-Jan-1997, (1998) 96 LGR 17
England and Wales
Appeal from – 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. . .
Appeal from – 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 . .
Cited – Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission Admn 6-Oct-2014
The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.88272
An injunction is not available to enforce a stop notice whilst an appeal was pending. The court may not use its own inherent powers to fill an apparent gap in legislation. The planning code was intended to be comprehensive.
Gazette 15-Jan-1992
Town and Country Planning Act 1990 183(1), (3)(b)
England and Wales
Updated: 11 June 2022; Ref: scu.80096
There is no room for implying into condition 14 a further obligation that the developer must construct the development in accordance with the design statement.
Sullivan J
[2004] EWHC 771 (Admin), [2005] JPL 116, [2004] 14 EGCS 141, [2005] 1 P and CR 13
England and Wales
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.
Updated: 10 June 2022; Ref: scu.197068
[2004] EWHC 814 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.197067
The land owner sought temporary permission to use land near Gatwick Airport for parking. He provided evidence that such spaces would be required. The inspector found that there was evidence that such spaces would not be required. The judge held that the inspectors decision was not well founded, and his decision not sufficiently detailed. The Secretary appealed.
Held: The criticism of the inspector was unjustified. He had been entitled to conclude each of the elements including that the land owner had failed to establish that land outside the green belt was not available for the same purpose.
Lords Justice Schiemann and Buxton, and Sir Murray Stuart-Smith
Gazette 01-Aug-2002
England and Wales
Updated: 10 June 2022; Ref: scu.174459
[2014] EWCA Civ 1118, [2014] PTSR 1226
England and Wales
Updated: 10 June 2022; Ref: scu.535586
Planning enforcement notice
Lord Justice Richards
[2014] EWCA Civ 566
England and Wales
Updated: 10 June 2022; Ref: scu.525107
Validity of enforcement notice
[2004] EWHC 2778 (Admin)
England and Wales
Appeal from – McKay, Regina (on the Application of) v First Secretary of State and Another CA 9-Jun-2005
An enforcement notice was challenged on the grounds of it having been made without the appropriate identification of the land at issue. . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.220122
Tree Preservation Order
Collins J
[2004] EWHC 2792 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.220120
Enforcement notice
[2004] EWHC 1917 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.200538
[2003] EWHC 3281 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.201618
[2004] EWCA Civ 473
England and Wales
Updated: 10 June 2022; Ref: scu.195890
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council’s Conservation Advisory Group which had held a meeting before the Planning Committee’s meeting in which the forthcoming applications had been considered and voted on. This was said to give rise to an appearance of bias.
Held: The challenge succeeded. The court applied the Porter v Magill test of apparent bias widely: ‘ I therefore take the view that in considering the question of apparent bias in accordance with the test in Porter v Magill, it is necessary to look beyond pecuniary or personal interests and to consider in addition whether, from the point of view of the fair-minded and informed observer, there was a real possibility that the planning committee or some of its members were biased in the sense of approaching the decision with a closed mind and without impartial consideration of all relevant planning issues. That is a question to be approached with appropriate caution, since it is important not to apply the test in a way that will render local authority decision-making impossible or unduly difficult. I do not consider, however, that the circumstances of local authority decision-making are such as to exclude the broader application of the test altogether.’ and ‘ I take the view, though not without a degree of hesitation, that a fair-minded and informed observer would conclude that there was a real possibility of bias, in the sense of the decisions being approached with closed minds and without impartial consideration of all the planning issues, as a result of the support expressed by the CAG being carried over into support for the application in the context of the planning committee’s decisions.
The fact that one of those with dual membership had received no training in planning matters reinforces that concern. So does the fact that all three of those with dual membership who had attended the CAG meeting on 27 May voted in favour of the applications.’
Mr Justice Richards
[2004] EWHC 779 (Admin)
England and Wales
Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Cited – Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
Cited – Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.195492
A particular statutory or contractual context may require the phrase ‘on behalf of’ to be read more widely as meaning ‘in the place of’, or ‘for the benefit of’ or ‘in the interests of’.
The Honourable Mr Justice Collins
[2004] EWHC 724 (Admin)
Appeal from – Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department CA 28-Oct-2004
The applicant sought to develop an asylum centre. Rather than apply for planning permission, it had served a notice of proposed development for the Crown. The Council appealed dismissal of its objections to the use of the procedure.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.195497
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected.
Held: The company had occupied the land under a licence. A contractual licensee on land may be, but is not necessarily, an occupier.
[2004] EWCA Civ 288, Times 01-Mar-2004
Town and Country Planning (General) Regulations 1992 2, Town and Country Planning Act 1990 186
England and Wales
Per incuriam – Pennine Raceway Ltd v Kirklees Metropolitan Borough Council CA 1983
The claimant had been granted a contractual right to use an airfield for arranging motor racing events. The planning consent was revoked, and compensation was claimed under s164 as ‘a person interested in the land’ which ‘is a section designed to . .
Cited – Plimmer v Mayor, Councillors and Citizens of the City of Wellington PC 1884
(New Zealand) Mr Plimmer had occupied land under a revocable licence from the Corporation’s predecessor-in-title and at their request had made extensive improvements to it. He sought compensation when the land was to be vested in the defendant. The . .
Distinguished – Stevens v Bromley London Borough Council 1972
The court referred to the extent of interest in land required by caravan dwellers to support payment of compensation on the issue of enforcement notice.
Held: Salmon LJ said: ‘I agree that the interest referred to in section 45(3)(b) is . .
Cited – Madrassa Anjuman Islamia of Kholwad v Municipal Council of Johan-Nesburg PC 1922
‘The word ‘occupy’ is a word of uncertain meaning. Sometimes it denotes legal possession in the technical sense, . . At other times ‘occupation’ denotes nothing more than physical presence in a place for a substantial period of time, . . Its precise . .
Cited – Tre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.194672
The claimants were travelling showmen who had purchased land, and after failing to apply for permission, moved onto the land and began to live there.
Held: The cultural identity of travelling show-people and their status, as a matter of planning law and policy, should not be confused with those of gypsies, for whom quite distinct provision is made. The local planning authority was entitled to an order requiring them to leave the site. There had been real difficulty finding places for them to stay, but the men had acted to ignore the rules. Their occupation had caused environmental damaged to the land. The council’s response was not disproportionate.
Lord Justice Auld, Lady Justice Arden, And Lord Justice Jacob
[2004] EWCA Civ 194, Times 05-Mar-2004, Gazette 11-Mar-2004
England and Wales
Cited – Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry CA 19-Jun-2003
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act.
Held: The Act defined ‘Gypsies’ as . .
Cited – 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 . .
Cited – 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 . .
Cited – Buckley v The United Kingdom ECHR 25-Sep-1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cited – Mid-Bedfordshire District Council v Thomas Brown and others CA 20-Dec-2004
The land owners, gypsies, had purchased agricultural land intending to occupy it as residential land in breach of green belt planning controls. The council had obtained an injunction, but appealed its suspension.
Held: The council’s appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.194130
Mr Justice Forbes
[2004] EWHC 342 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.193897
Mr Justice Forbes
[2004] EWHC 336 (Admin)
England and Wales
Updated: 10 June 2022; Ref: scu.193901
[2018] EWHC 2372 (Admin)
England and Wales
Updated: 09 June 2022; Ref: scu.625893
ECJ Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – National measure granting consent for mining operations without an environmental impact assessment being carried out – Direct effect of directives – Triangular situation.
P Jann
[2004] EUECJ C-201/02, [2004] 1 CMLR 31, [2004] ECR I-723, [2005] All ER (EC) 323, [2004] NPC 1, [2004] Env LR 27
European
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.192238
[2003] EWHC 3075 (Admin)
England and Wales
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191214
Harrison J
[2003] EWHC 3138 (Admin)
Cited – Wallington v Secretary of State for Wales CA 12-Nov-1990
The landowner appealed against an enforcement notice, saying that though she kept a large number of dogs (44), this was for domestic pleasure purposes, and was only incidental to the use as a private domestic dwelling.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191223
The case asked whether a single permission for a large-scale development extending over more than 2,500 acres could be construed as granting more than one permission.
Sullivan J
[2003] EWHC 3094 (Admin)
England and Wales
Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191227
Lord Cameron Of Lochbroom And Lord Marnoch And Lord Hamilton
[2003] ScotCS 277
Scotland
Updated: 08 June 2022; Ref: scu.190817
Challenges were made to the way in which plans for expansion of Stansted Airport were made and adopted.
Held: Judicial review was granted in part. The complainants said there was no rational basis for the conclusion that the construction of an additional runway at Stanstead, followed by a further new one at Heathrow would be commercially viable, and that there had been a failure properly to consult. The applicant succeeded on the challenges to the decisions on the commercial viability of the Stanstead runway and failure to consult, but failed on other challenges. In general it was not unlawful for the adoption of the plan to go ahead subject to qualifications that the consultation for the runway at Stanstead had not been on the runway actually proposed, and the policy wrongly represented the level of consultation undergone in respect of the Luton extension.
Sullivan J
[2005] EWHC 20 (Admin), Times 22-Feb-2005
England and Wales
Updated: 08 June 2022; Ref: scu.222792
Mr Justice Keith
[2004] EWHC 2638 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.219542
Richards J
[2002] EWHC 3119 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.189078
[2002] EWHC 2767 (Admin)
England and Wales
Appeal from – Braun v First Secretary of State and Another CA 20-May-2003
A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.189104
Mr Justice Forbes
[2003] EWHC 3037 (QB), [2003] EWHC 3236 (Admin)
Appealed to – Tromans, Regina (on the Application of) v Cannock Chase District Council and Another CA 28-Jul-2004
It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse.
Held: In the absence of directly applicable . .
Appeal from – Tromans, Regina (on the Application of) v Cannock Chase District Council and Another CA 28-Jul-2004
It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse.
Held: In the absence of directly applicable . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.188864
[2003] EWHC 2754 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.188140
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A panel had recommended that more be done to support local authorities, including the recommendation of sites. The authority set out a plan that the need should be satisfied within local plans.
Held: The departure from the recommendation must have been a deliberate one. Before taking that departure, it was obliged to have prepared a list of departures from the recommendations, for comment. It had not done so. The procedural obligations had not been met.
Peter Gibson, Waller, Carnwath, LJJ
Times 04-Nov-2003, [2003] EWCA Civ 1614
England and Wales
Appeal from – Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others Admn 26-Mar-2003
. .
Appealed to – Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others Admn 26-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.187673
[2003] EWHC 2510 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.187617
[2003] EWHC 2591 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.187627
[2003] EWHC 2406 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.187606
Appeal against inspector’s decision allowing appeal against enforcement notice.
Sullivan J
[2003] EWHC 2282 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.187602
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision of the council. That review was also correct. It was not a Gillespie case. The committee already had substantial information before it. A planning authority could not rely upon undertakings and conditions to secure compliance with the requirements for an assessment.
Lord Justice Laws Ord Justice Dyson And Lord Justice Carnwath
[2004] Env LR 391, [2003] EWCA Civ 1408, Times 31-Oct-2003
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, Council Directive 85/337/EEC of 17 June 1995 on the assessment of the effects of certain public and private projects on the environment
England and Wales
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case) ECJ 24-Oct-1996
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their . .
Cited – Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames CA 29-Jun-2001
There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor . .
Cited – Regina v Cornwall County Council ex p Hardy Admn 2001
The council granted planning permission although its planning committee had decided that further surveys should be carried out to ensure that bats would not be adversely affected by the proposed development. The question was the adequacy of . .
Cited – Smith v Secretary of State for the Environment, Transport and Regions and others CA 5-Mar-2003
The court distilled four principles in deciding whether an environmental impact assessment was to be required. At the outline consent stage the planning authority must have sufficient details of any impact on the environment and of any mitigation to . .
Cited – Bellway Urban Renewal Southern v Gillespie CA 27-Mar-2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
Cited – World Wildlife Fund and Others v Autonome Provinz Bozen and Others ECJ 12-Oct-1999
The court considered a project for converting Bolzano airport in Italy from military to civilian use. The national law did not require the project to be subject to an Environmental Impact Assessment (EIA). The court asked whether the national law . .
Cited – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
Cited – Burkett, Regina (on the Application of) v Hammersmith and Fulham Admn 15-May-2003
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to . .
Appeal from – Jones, Regina (on the Application Of) v Mansfield District Council Admn 20-Jan-2003
. .
Cited – Younger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
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.
Updated: 08 June 2022; Ref: scu.186820
The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took place, the judge awarded also the costs of the defendant in responding to the original and successful application.
Held: The order was a proper exercise of the judge’s discretion. Under the old rules applications could be made without fear of a costs order, but that had changed. Leach did not mean that an authority successfully resisting an application for leave should in principle recover its costs, but here there were exceptional reasons, including the fact that the applicant was financially sound, and had managed to obtain a fuller hearing at the application for leave stage. Courts should generally resist attempts to turn applications for leave into rehearsals for a full hearing. As to the applicant’s motives, ‘I do not say that considerations of a claimant’s motive in claiming judicial review could never be relevant to a court’s decision whether to refuse relief in its discretion, for example, where the pursuance of the motive in question goes so far beyond the advancement of a collateral purpose as to amount to an abuse of process. The court should, at the very least, be slow to have recourse to that species of conduct as a basis for discretionary refusal of relief’.
Auld LJ said: ‘judicial review applications by would-be developers or objectors to development in planning cases are, by their very nature, driven primarily by commercial or private motive rather than a high-minded concern for the public weal.’
Lord Justice Auld Lord Justice Clarke Lord Justice Jonathan Parker
[2003] EWCA Civ 1346, Times 16-Oct-2003, [2004] 2 PandCR 22, [2004] 1 PLR 29
Civil Procedure Rules 54 (Practice Direction 8.4)
England and Wales
Cited – Regina (Leach) v Commissioner for Local Administration QBD 2-Aug-2001
The new rules now required a respondent to an application for judicial review, to prepare and file an acknowledgement of service. Where he was successful in defending, or resisting the application for leave, there is no reason in principle why he . .
Followed – Regina (Jones and Another) v North Warwickshire Borough Council CA 30-Mar-2001
When considering a planning application, it was only in exceptional circumstances that the authority should consider alternative sites. Those circumstances would be where the proposed development would involve such a conspicuous adverse impact, that . .
Cited – Phillips v First Secretary of State and others Admn 22-Oct-2003
The claimant had objected to the grant of permission to erect a mobile phone mast near her property. The issue was that she had not been given opportunity to comment upon the consideration of alternative sites.
Held: The consideration of . .
Cited – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
Cited – Senior-Milne, Regina (On the Application of) v The Parliamentary and Health Service Ombudsman Admn 8-Sep-2009
The claimant was concerned that the Financial Service Authority had failed properly to supervise the de-mutualisation of the Scottish Widows insurance company, and had not identified a failure to disclose very substantial potential liabilities. He . .
Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Preferred – Smoke Club Ltd, Regina (on The Application of) v Network Rail Infrastructure Ltd Admn 29-Oct-2013
The claimant had been refused leave to bring judicial review. It then renewed its application before finally wthdrawing it. The court now considered liability for costs.
Held: ‘There are particular reasons for the particular rules governing . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.186735
[2003] EWHC 1898 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.185812
[2003] EWHC 1858 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.185629
[2003] EWHC 540 (Admin)
England and Wales
Updated: 08 June 2022; Ref: scu.185578
The appellant sought to develop land in a green belt, claiming that supporting office development was necessary to support restoration of historic residential buildings in accordance with the policy.
Held: The document ‘Enabling Development and the Conservation of Heritage Assets’ of English Heritage put emphasis on the need to provide full financial analysis to show the need for the development to enable the restoration. That analysis was absent. Appeal dismissed.
Mr Justice Davies
Gazette 10-Apr-2003, [2003] EWHC 730 (Admin)
Updated: 08 June 2022; Ref: scu.185583
Enforcement – Appeal against a decision of an inspector in which the inspector dismissed the appellant’s appeal against an enforcement notice issued by the second defendant, the Chiltern District Council.
Elias J
[2003] EWHC 631 (Admin)
Updated: 08 June 2022; Ref: scu.185580
[2003] EWHC 886 (Admin)
England and Wales
Appealed to – Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others CA 30-Oct-2003
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A . .
Appeal from – Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others CA 30-Oct-2003
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.185570
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to make the statement to say what had been considered.
Held: At the outline application stage, the plan had to provide sufficient information as to its environmental impact, but for the authority to judge whether it had received sufficient information. Though that assessment was subject to judicial review, it was a question of fact and degree. The challenge amounted to a claim in effect that almost nothing could be reserved, and was dismissed. The failure to make the statement was real but not substantial.
Mr Justice Newman
Gazette 29-May-2003, [2003] EWHC 1031 (Admin)
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 4(2)
Cited – Smith v Secretary of State for the Environment, Transport and Regions and others CA 5-Mar-2003
The court distilled four principles in deciding whether an environmental impact assessment was to be required. At the outline consent stage the planning authority must have sufficient details of any impact on the environment and of any mitigation to . .
Cited – Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner Admn 7-May-1999
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment.
Held: The failure to give the floor area was not critical, but even at this stage the ommission of . .
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Cited – Jones, Regina (on the Application of) v Mansfield District Council and Another CA 16-Oct-2003
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.185327
[2003] EWHC 1499 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.185367
Elias J
[2003] EWHC 1457 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.185372
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal not the high court.
Lord Justice Brooke Mr Justice Holman Lord Justice Kennedy
[2003] EWCA Civ 1162, Times 10-Sep-2003, Gazette 16-Oct-2003
Telecommunications Act 1984, Access to Justice Act 1999 (Destination of Appeals) Order 2000
England and Wales
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Cited – Price v Price (Trading As Poppyland Headware) CA 26-Jun-2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure . .
Cited – Beck v Ministry of Defence CA 11-Jun-2003
The claimant in a personal injury action was examined for a medical report on behalf of the defendants. The defendants, being unhappy with the report sought a second examination, and were granted leave. The claimant now appealed that leave.
Cited – Dermot Gerard Richard Walsh v Andre Martin Misseldine CA 29-Feb-2000
The claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.185236
[2003] EWHC 792 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.185024
[2003] EWHC 8 (Admin)
England and Wales
Appeal from – Bellway Urban Renewal Southern v Gillespie CA 27-Mar-2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
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.
Updated: 07 June 2022; Ref: scu.184938
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was at an early stage strong evidence that the site deserved protection, and little was known about why it had not been designated, but the excusion from being a protected area could have been challenged at the time, and the RSPB had withdrawn its own request that the site be listed.
Held: It was now far too late to challenge the 1994 decision not to list. Although the appeal failed, it served a useful purpose in exposing an apparent lack of transparency in the procedures for classifying SPAs.
Lord Justice Carnwath said: ‘The speeches [in Berkeley] need to be read in context. Lord Bingham emphasised the very narrow basis on which the case was argued in the House . . The developer was not represented in the House, and there was no reference to any evidence of actual prejudice to his or any other interests. Care is needed in applying the principles there decided to other circumstances, such as cases where as here there is clear evidence of a pressing public need for the scheme which is under attack.’
Lord Justice Waller Lord Justice Carnwath Lord Phillips Of Worth Matravers, Mr
[2003] EWCA Civ 1170
England and Wales
Appeal from – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
Cited – Regina v Secretary of State for the Environment, ex parte Royal Society for the Protection of Birds ECJ 11-Jul-1996
(Judgment) When designating an area of land as a wild bird special protection site, economic factors were to be excluded.
ECJ Article 4(1) or Article 4(2) of Directive 79/409 on the conservation of wild . .
Cited – Commission v Germany (Order) (Judgment) ECJ 28-Feb-1991
Europa (Order) APPLICATION for interim measures to suspend temporarily the construction work being carried out under a coastal protection project in the area of the Leybucht, pursuant to a decision of 25 . .
Cited – Commission v Spain (Judgment) ECJ 2-Aug-1993
Europa Articles 3 and 4 of Directive 79/409 on the conservation of wild birds require Member States to preserve, maintain and re-establish the habitats of the said birds as such, because of their ecological . .
Cited – Commission v Netherlands (Judgment) ECJ 19-May-1998
ECJ The aim of the pre-litigation procedure provided for in Article 169 of the Treaty is to give the Member State concerned an opportunity to justify its position or, as the case may be, to comply of its own . .
Cited – Commission v France (Judgment) ECJ 18-Mar-1999
ECJ A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive. . .
Cited – Commission v France C-374/98 ECJ 7-Dec-2000
Europa (Judgment) The inventory of areas which are of great importance for the conservation of wild birds, more commonly known under the acronym IBA (Inventory of Important Bird Areas in the European Community), . .
Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
Appealed to – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
Approved – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.184917
[2003] EWHC 1106 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.185038
The Honourable Mr Justice Maurice Kay
[2003] EWHC 1716 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.184891
[2018] EWHC 2355 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.625899
Challenge to grant of permission for small gypsy caravan site.
Sullivan J
[2004] EWHC 2549 (Admin)
England and Wales
Updated: 07 June 2022; Ref: scu.219532
Brooke, Carnwath LJJ
[2003] EWCA Civ 799
England and Wales
See also – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003
The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making applications totally devoid of merit. The courts are facing very serious contemporary problems created by the activities of . .
See also – Bhamjee, Regina (on the Application of) v Secretary of State for Environment, Transport and Regions and Another CA 29-Jun-2001
. .
See also – Bhamjee, Regina (on the Application Of) v Secretary of State for the Environment, Transpost and the Regions and Another Admn 9-Nov-2001
. .
See also – Bhamjee, Regina (on the Application of) v Secretary of State for Transport, Local Government and Regions and Another CA 28-Feb-2002
. .
See also – Bhamjee v Secretary of State for Environment, Transport and Regions and Another CA 21-Jun-2002
. .
See also – Bhamjee v Secretary of State for Environment, Transport and Regions and Another CA 21-Jun-2002
. .
See also – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003
The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making applications totally devoid of merit. The courts are facing very serious contemporary problems created by the activities of . .
See Also – Attorney General v Bhamjee Admn 8-Dec-2003
Civil Restraint Order . .
See Also – Bhamjee, Re an Application for Permission Admn 14-Jul-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.184251
Although section 243(1)(a) provides that the ‘validity’ of an enforcement notice is not to be questioned except as therein provided, the word ‘validity’ is evidently not intended to be understood in its strict sense. It is used to mean merely enforceability. Lord Wilberforce explained the use of the terms ‘private law’ and ‘public law’: ‘The expressions ‘private law’ and ‘public law’ have recently been imported into the law of England from countries which, unlike our own, have separate systems concerning public law and private law. No doubt they are convenient expressions for descriptive purposes. In this country they must be used with caution, for, typically, English law fastens, not upon principles but upon remedies. The principle remains intact that public authorities and public servants are, unless clearly exempted, answerable in the ordinary courts for wrongs done to individuals. But by an extension of remedies and a flexible procedure it can be said that something resembling a system of public law is being developed.’
Lord Fraser of Tullybelton, Lord Wilberforce
[1984] 1 AC 262, [1983] UKHL 3
England and Wales
Cited – North West Estates Plc v Buckinghamshire County Council CA 22-May-2003
There had been many attempts to enforce and resist enforcement of a planning notice.
Held: The landowner was not entitled now to challenge the application for injunctive relief, where he had not appealed the validity of the enforcement notice. . .
Applied – Roy v Kensington and Chelsea and Westminster Family Practitioner Committee HL 6-Feb-1992
The respondent had withheld part of the plaintiff’s GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be . .
Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – First Real Estates (UK) Ltd v Birmingham City Council Admn 1-May-2009
One of the issues presented by the present case is that of determining whether Birmingham City Council, ‘the Council’, was exercising a public function when deciding to terminate what it described as its arrangements with First Real Estates (UK) . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.183693
A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued enforcement proceedings. The Secretary now appealed dismissal of those proceedings.
Held: The appeal was dismissed. The owner could not be prosecuted for all breaches, including those before he purchased the land. If the authority wanted all unauthorised alterations to be reversed, it had to comply with the section which required full details to be given.
Lord Justice Laws Lord Justice Simon Brown Lord Justice Longmore
[2003] EWCA Civ 665, Gazette 29-May-2003
Planning (Listed Buildings and Conservation Areas) Act 1990 38
England and Wales
Appeal from – Braun v Secretary of State for Transport, Local Government and the Regions and Another Admn 19-Dec-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.183719
There had been many attempts to enforce and resist enforcement of a planning notice.
Held: The landowner was not entitled now to challenge the application for injunctive relief, where he had not appealed the validity of the enforcement notice. The judge at first instance had accepted the validity of the enforcement notice at face value. The workshop was within the land specified in the enforcement notice. That which the enforcement notice says has to be done to comply with it, must be done by the landowner. That requires the removal of the workshop. The next question is whether there is any good ground for not exercising discretion to enforce the notice. There was no good reason for not enforcing it and every good reason why this long sorry chapter should now be brought to a conclusion.
Ward, Laws, Jonathan Parker LJJ
[2003] EWCA Civ 719, Times 11-Jun-2003
England and Wales
Cited – Buckinghamshire County Council v North West Estates plc and others ChD 31-May-2002
The planning authority sought injunctions for enforcement notices. The landowner argued that human rights law required the court when looking at such a request to look at the entire planning history.
Held: Although the court could look to a . .
Cited – 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 . .
Cited – Davy v Spelthorne Borough Council HL 13-Oct-1983
Although section 243(1)(a) provides that the ‘validity’ of an enforcement notice is not to be questioned except as therein provided, the word ‘validity’ is evidently not intended to be understood in its strict sense. It is used to mean merely . .
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 . .
Appealed to – Buckinghamshire County Council v North West Estates plc and others ChD 31-May-2002
The planning authority sought injunctions for enforcement notices. The landowner argued that human rights law required the court when looking at such a request to look at the entire planning history.
Held: Although the court could look to a . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.182348
A local authority had sold surplus land to a developer and obtained a covenant that the developer would develop the land in accordance with an existing planning permission. The sole purpose of the local authority in imposing the covenant was to enable it to share in the planning gain if, as happened, planning permission was subsequently granted for the erection of a larger number of houses. The purpose was that the developer would have to apply and pay for a relaxation of the covenant if it wanted to build more houses. In breach of covenant the developer completed the development in accordance with the later planning permission, and the local authority brought a claim for damages.
Held: The erection of the larger number of houses in breach of the covenant had not caused any financial loss to the local authority. The Court refused to countenance the possibility of awarding restitutionary damages for breach of contract, giving reasons why such an award should be exceptional. Wrotham Park type damages were defensible only on the basis that they were restitutionary in nature. The judge had awarded nominal damages of pounds 2, and the Court of Appeal dismissed the local authority’s appeal.
Steyn LJ distinguished between a claimant’s ‘positive or expectation interest’ and his ‘negative’ interest which enables a claim to be made for ‘reliance’ losses.
Dillon, Steyn, Rose LJJ
[1993] 1 WLR 1361, [1993] 3 All ER 705, [1993] EWCA Civ 7, [1993] EWCA Civ 21, [1993] EGCS 77, [1993] 25 EG 141
England and Wales
Appeal from – Surrey County Council and Mole District Council v Bredero Homes Ltd ChD 1992
Land was agreed to be sold for development in accordance with an existing planning permission. Instead a later permission was obtained, and more houses were built. The plaintiff had not sought to restrain or prevent the breach, but now sought . .
Considered – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Pennard Dock Engineering Co Ltd v Pounds 1963
. .
Cited – Bracewell v Appleby ChD 1975
The defendant wrongly used and asserted a right of way over a private road to a house which he had built.
Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the . .
Cited – Tito v Waddell (No 2); Tito v Attorney General ChD 1977
Equity applies its doctrines to the substance, not the form, of transactions. In respect of the rule against self dealing for trustees ‘But of course equity looks beneath the surface, and applies its doctrines to cases where, although in form a . .
Cited – Johnson v Agnew HL 1979
The seller had obtained a summary order for specific performance of a contract for the sale of land against the buyer.
Held: The breach was continuing and was still capable of being remedied by compliance with the order for specific . .
Disapproved – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
Not the last word – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.
Cited – Experience Hendrix LLC v PPX Enterprises Inc and Another CA 20-Mar-2003
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
Cited – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Cited – WWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
Cited – Harris v Williams-Wynne ChD 11-Feb-2005
The parties agreed in sale agreement for a plot of land that the buyer would not erect any additional building. He did so, and when he came to try to sell it the original vendor objected. The purchaser’s solicitors registered the agreement for sale. . .
Cited – Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd ComC 4-Aug-2010
Lost Expenses as Damages for Contract Breach
The court was asked as to the basis in law of the principle allowing a contracting party to claim, as damages for breach, expenditure which has been wasted as a result of a breach. The charterer had been in breach of the contract but the owner had . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.180893