Category: Planning

Stevens (T/A KCS Asset Management) v Blaenau Gwent County Borough Council: Admn 5 Jun 2015

The decision under challenge is a planning permission granted on 7 November 2014 by the defendant for a photovoltaic solar park at Hafod Y Dafal Farm, Aberbeeg, Abertillery.

Judges:

Patterson DBE J

Citations:

[2015] EWHC 1606 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning, Utilities

Updated: 02 April 2022; Ref: scu.547561

Broadview Energy Developments Ltd v Secretary of State for Communities and Local Government and Others: Admn 19 Jun 2015

The claimant company challenged the involvement of a constituency MP in a campaign opposing the grant of a planning permissions (in this case for a wind farm). In particular the claimant complained of the failures by the respondent to disclose copies of correspondence it had received from the MP when making its decision.

Judges:

Cranston J

Citations:

[2015] EWHC 1743 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Fox Land and Property Ltd v Secretary of State for Communities and Local Government CA 3-Mar-2015
The Secretary of State for Communities and Local Government had rejected a recommendation of a planning inspector that planning permission should be granted for residential development on green belt land.
Held: The appeal failed. Green belt . .
Cited – Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another Admn 5-Dec-2014
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it.
Held: The claim failed. The planning inspector’s report is the . .
Cited – Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others CA 18-Feb-2014
Section 66(1) of the 1990 Act requires a decision-maker to give ‘the desirability of preserving the building or its setting’ not merely careful consideration but considerable importance and weight when balancing the advantages of the proposed . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Planning, Natural Justice

Updated: 02 April 2022; Ref: scu.549257

London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007

Appeal by case stated by the London Borough of Hackney against the decision of the Crown Court at Southwark to allow an appeal against conviction for six offences of breach of an enforcement notice: ‘Each of the six informations charged the respondent that without reasonable excuse he failed to comply with the abatement notice which had been served on him on 14 October 2004, and which required him ‘to immediately cease shouting, chanting and jumping on internal floors to the property so as not to cause a nuisance to the occupiers of neighbouring properties’.

Citations:

[2007] EWHC 166 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Planning, Crime

Updated: 01 April 2022; Ref: scu.248940

Jelson Ltd v Secretary of State for Communities and Local Government and Another: CA 19 Jan 2018

The Court was asked ‘Did an inspector who dismissed an appeal against a local planning authority’s refusal of planning permission for housing development err in law when assessing the need for housing in the authority’s area?’

Judges:

Rupert Jackson, Lindblom, Peter Jackson LJJ

Citations:

[2018] EWCA Civ 24

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 30 March 2022; Ref: scu.602955

Lisle-Mainwaring v Carroll: CA 8 Sep 2017

‘Should the judge in the court below have quashed a local planning authority’s grant of planning permission for the redevelopment of the site of a large barn and a bungalow to provide four dwellings? ‘

Judges:

McFarlane, Lindblom, Flaux LJJ

Citations:

[2017] EWCA Civ 1315

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 30 March 2022; Ref: scu.594991

Hoare v The Vale of White Horse District and Others: Admn 7 Jul 2017

Claim for judicial review of the decision of the Vale of White Horse District Council to accept modifications to the draft Faringdon Neighbourhood Plan.

Judges:

John Howell QC sitting as a deputy High Court Judge

Citations:

[2017] EWHC 1711 (Admin), [2017] WLR(D) 465

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Planning

Updated: 27 March 2022; Ref: scu.590299

Stevens, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 25 Oct 2016

Renewed application for permission to apply for a statutory review pursuant to Section 288 of the Town and Country Planning Act 1990 of a decision dismissing an appeal against a refusal of planning permission for the change of use of land

Judges:

Garnham J

Citations:

[2016] EWHC 3737 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 27 March 2022; Ref: scu.589892

Dignity Funerals Ltd v Breckland District Council: Admn 23 Jun 2017

The Claimant, Dignity Funerals Limited, challenged the decision of the local planning authority, to grant planning permission for the erection of a new crematorium, car park, gardens of remembrance, access roads and ancillary buildings.

Judges:

Holgate J

Citations:

[2017] EWHC 1492 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 27 March 2022; Ref: scu.588875

Barwood Strategic Land II Llp v East Staffordshire Borough Council and Another: CA 30 Jun 2017

The court was asked ‘What is the scope of the ‘presumption in favour of sustainable development’ in the National Planning Policy Framework ‘

Judges:

Gross, Underhill, Lindblom LJJ

Citations:

[2017] EWCA Civ 893, [2017] WLR(D) 445

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Planning

Updated: 27 March 2022; Ref: scu.588743

Boulder Bridge Lane Trust v Barnsley Metropolitan Borough Council: UTLC 14 Mar 2017

UTLC COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – compulsory purchase of former railway land – whether planning permission would have been granted for change of use of former operational building(s) said to be in Green Belt – conditions to be attached to agreed scrap yard and fuel recovery uses – ss. 17, 18 Land Compensation Act 1961 – appeal allowed

Citations:

[2017] UKUT 81 (LC)

Links:

Bailii

Statutes:

Land Compensation Act 1961 17 18

Jurisdiction:

England and Wales

Planning

Updated: 24 March 2022; Ref: scu.582118