Category: Planning

Grand Union Investments Ltd v Dacorum Borough Council: Admn 12 Jun 2014

The court was asked whether: ‘a local planning authority lawfully adopt its core strategy without first having assessed the full housing needs of its area and having considered whether those needs can be met, but committing itself to an early review in which that work will be done?’

Lindblom J
[2014] EWHC 1894 (Admin)
Bailii

Planning

Updated: 04 December 2021; Ref: scu.526594

Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014

The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support.
Held: The request for judicial review was refused: ‘looked at objectively, there are features of the way the police contribution in this case was dealt with in the section 106 agreement that are not very satisfactory and, as I have said, some legitimate criticisms seem to me to be open to the formulation of the trigger mechanism. I rather suspect that, irrespective of the outcome of this case, the issue of the timing of the police contributions will have to be re-visited before the development proceeds too far to ensure that those who are considering purchasing properties on the development will have the reassurance that it will be properly and efficiently policed. However, that does not amount to, or evidence the need for, a conclusion at this stage that what was agreed between the Defendant and the developers was irrational or that there was anything unfair about the way the Defendant dealt with the issue.’

Foskett J
[2014] EWHC 1719 (Admin)
Bailii
Citing:
Cited – Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions Admn 1-Feb-2001
Application was made to quash an inspector’s decision.
Held: An inspector’s decision was not to be challenged as to its facts. In any case where the expert tribunal is the fact finding body the threshold of Wednesbury unreasonableness or . .
Cited – Regina (on the Application of Kides) v South Cambridgeshire District Council Ltd CA 9-Oct-2002
The applicant sought a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. . .
Cited – Dry, Regina (on The Application of) v West Oxfordshire District Council and Taylor Wimpey CA 21-Oct-2010
The guidance contained in Kides must be applied with common sense and with regard to the facts of the particular case. . .
Cited – College van burgemeester en wethouders van Rotterdam v M.E.E. Rijkeboer ECJ 7-May-2009
Protection of individuals with regard to the processing of personal data Directive 95/46/EC – Respect for private life – Erasure of data – Right of access to data and to information on the recipients of data – Time limit on the exercise of the right . .

Lists of cited by and citing cases may be incomplete.

Planning, Police

Updated: 03 December 2021; Ref: scu.526073

BDW Trading Ltd (T/A Barratt Homes) and Another v Cheshire West and Chester Borough Council and Others: Admn 9 May 2014

The claimant challenged the decision of the respondent authorities to put the draft Tattenhall Neighbourhood Plan to a referendum

Supperstone J
[2014] EWHC 1470 (Admin)
Bailii
Planning and Compulsory Purchase Act 2004 36
England and Wales

Local Government, Planning

Updated: 03 December 2021; Ref: scu.525143

Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009

The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years.
Held: The residents’ appeal failed. In the context of planning applications ‘the test of apparent bias relating to predetermination is an extremely difficult test to satisfy.’

Laws, Rix, Dyson LJJ
[2009] EWCA Civ 3, [2009] 1 WLR 83, [2009] 3 EG 103, [2009] NPC 8, [2009] 1 EGLR 79, [2009] 15 EG 100, [2009] EWCA Civ 3, [2009] BLGR 649, [2009] 1 WLR 1461, [2009] BLGR 649, [2009] 4 All ER 1232, [2009] JPL 1192, [2009] 15 EG 100, [2009] NPC 8, [2009] 1 EGLR 79, [2009] 3 EG 103
Bailii, Bailii
England and Wales
Citing:
Appeal from – Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council Admn 20-Dec-2007
The claimant sought registration of an open area as a Commons under the 2006 Act. Until 2002 it had been tenanted by a golf club. The inspector had recommended against registration, saying that the use by the public for lawful pastimes had been for . .

Cited by:
Applied – Chandler v London Borough of Camden Admn 13-Feb-2009
Forbes J considered the test for whether apparent bias was shown when it was suggested that the local authority may have already made up its mind on a school re-organisation. . .
Appeal from – Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .

Lists of cited by and citing cases may be incomplete.

Planning, Administrative, Land

Updated: 03 December 2021; Ref: scu.402564

Woolley, Regina (On the Application of) v Cheshire East Borough Council: Admn 5 Jun 2009

Waksman J
[2009] EWHC 1227 (Admin), [2009] 43 EG 106, [2010] JPL 36, [2010] Env LR 5
Bailii
England and Wales
Cited by:
Cited – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 03 December 2021; Ref: scu.372670

Secretary of State for Communities and Local Government v Hopkins Developments Ltd: CA 15 Apr 2014

CA Hopkins applied for planning permission to construct 58 dwellings on a site at Wincanton. The District Council refused planning permission on six grounds, four of which subsequently became inapplicable. Hopkins appealed under section 78 of the 1990 Act, but the Inspector dismissed the appeal. Hopkins was aggrieved because the Inspector relied on two matters (sustainability and character/appearance) which she had not initially identified as main issues.
The High Court quashed the Inspector’s decision on the ground that the Inspector had acted in breach of the rules of natural justice. This court reverses that decision, because both sustainability and character/appearance were live issues on the evidence. The Inspector was not confined by her original stated opinion as to what were the main issues.
Held: In the result, the Secretary of State’s appeal is allowed. The order made by His Honour Judge Denyer QC in relation to Hopkins’ ground 1 is set aside. We remit this case to the judge, so that he can deal with the other grounds of challenge raised by Hopkins.

Jackson, Beatson, Christopher Clarke LJJ
[2014] EWCA Civ 470
Bailii
England and Wales

Planning

Updated: 02 December 2021; Ref: scu.523745

Bayliss v Secretary of State for Communities and Local Government and Others: CA 26 Feb 2014

Appeal against dismissal of a challenge to the decision of a planning Inspector appointed by the Secretary of State, who had allowed an appeal by the developer against the planning authority’s refusal of planning permission for the construction of a wind farm near Wareham in Dorset. The Inspector’s decision followed a nine-day public inquiry in 2012.

Laws, Jackson LJJ, Sir David Keene
[2014] EWCA Civ 347
Bailii
England and Wales
Citing:
Appeal from – Bayliss v Secretary of State for Communities and Local Government and Others Admn 13-Jun-2013
Appeal against Inspector’s grant of permission for wind farm after a public inquiry. . .

Lists of cited by and citing cases may be incomplete.

Planning, Utilities

Updated: 02 December 2021; Ref: scu.523342

Mayor and Citizens of The City of Westminster and Another v Secretary of State for Communities and Local Government: Admn 21 Mar 2014

The claimants sought to quash the decision of the defendant not to call in for determination by him an application for planning permission made by the first interested party (EHouse) which the second interested party (LBL) resolved to grant.

Collins J
[2014] EWHC 708 (Admin)
Bailii

Planning

Updated: 01 December 2021; Ref: scu.522662

Reed v The Secretary of State for Communities and Local Government and Another: CA 18 Feb 2014

Appeal against the order dismissing the appellant’s appeal against a decision of an inspector appointed by the first respondent dismissing the appellant’s appeal against an enforcement notice issued by the second respondent.

Sullivan, Kitchin, Beatson LJ
[2014] EWCA Civ 241
Bailii
England and Wales

Planning

Updated: 01 December 2021; Ref: scu.522296

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy and Industrial Strategy and Others: Admn 25 Nov 2021

The Company seeks two declarations from the court:
i) That it has ‘begun’ the development for which the Order granted consent within the meaning of section 155 of the Planning Act 2008 during the period required by virtue of section 154 of the Planning Act 2008 (i.e. by 8 June 2020); and, if so
ii) The Order being a development consent order that has not ceased to have effect, the Company is entitled to apply to change the wording of Requirement 2 in Part 3 of Schedule 1 to that order to extend the period within which the authorised development must ‘commence’ (as defined in Article 2 thereof).

His Honour Judge Jarman Qc Sitting As A Judge Of The High Court
[2021] EWHC 3170 (Admin)
Bailii
Planning Act 2008 154 155
England and Wales

Planning

Updated: 01 December 2021; Ref: scu.670095

Hossack, Regina (on the Application of) v Kettering Borough Council and Another: Admn 25 Mar 2002

The landowner sought to use houses as temporary accommodation for young people in need. The council asserted that this use of each of the properties was ‘use as a dwelling house by the residents living together as a single household’ under class C3.
Held: The critical question was whether the individuals in the house had some connection with each other, over and above the fact of living under the same roof. That could not be shown here. The youths would not be a single household, and judicial review of the council’s decision was granted.

Mr Justice Lightman
Times 22-Apr-2002, [2002] EWHC 493 (Admin)
Bailii
Town and Country Planning (Use Classes) Order 1987 (SI 1987 No 764) C3
England and Wales
Citing:
Cited – Barnes v Sheffield City Council CA 1995
A group of five students was held to form a single household. The court identified the factors to assist in identifying whether a house was being occupied as a single household or not: the origin of the tenancy; whether the residents arrived in a . .
Cited – Guy Rogers v London Borough of Islington CA 30-Jul-1999
A house had ten bedrooms. One was retained by the owner for use some two months a year, the other nine were let to people in their twenties who had just completed their further education and were embarking on careers in the professions or banking . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 30 November 2021; Ref: scu.168742

Friends Provident Life and Pensions Limited v The Secretary of State for Transport, Local Government and Regions and Others: Admn 30 Oct 2001

The application of the House of Lords’ ruling in Alconbury that the exercise of the section 77 call in power was not after all incompatible with article 6, it was unsuccessfully argued instead that a refusal to call in a planning application under section 77 would necessarily be incompatible with article 6.
Held: The obligation to call in a planning application to ensure compliance with article 6 would only arise in some cases, for example where there were significant issues of fact to be decided and because, therefore, the discretion remained largely intact, section 6 (2) (b) did not apply.

Forbes J
[2001] EWHC Admin 820, [2002] 1 WLR 1450
Bailii
European Convention on Human Rights 6
England and Wales
Cited by:
Cited – Nunn, Regina (on the Application of) v First Secretary of State and others CA 8-Feb-2005
The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object.
Held: The applicant had been deprived of her right to make objection to . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 30 November 2021; Ref: scu.167251

Flynn and Another v Secretary of State for Communities and Local Government and Another: Admn 20 Feb 2014

The claimant travellers had been moved from one site, and retationed their caravans on a nearby track. The Council served an enforcement notice alleging unlawful change of use to residential purposes. The Claimants contended that the decision was unlawful in that the Defendant failed to consider whether Mrs Flynn was a relevant occupier as she had an implied licence to occupy the land. Further the Claimants contended that the provisions of section 174 of the 1990 Act must be interpreted so as to enable Mrs Flynn to appeal in order to avoid a breach of her right to respect for her home and private life under Article 8.
Held: The defendant had erred in failing first to establish whether the claimant had an implied licence to occupy the land. Given the limited investigation undertaken by the court the correct thing to do was to quash the decision and remit it to the Defendant.

Lewis J
[2014] EWHC 390 (Admin), [2014] 1 WLR 3270
Bailii
Town and Country Planning Act 1990 174, European Convention on Human Rights 8
England and Wales

Planning, Human Rights

Updated: 30 November 2021; Ref: scu.521576

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 development against any harm from wind fram developnent..

Sullivan LJ
[2014] 1 PandCR 22, [2014] EWCA Civ 137
Bailii
Planning (Listed Buildings and Conservation Areas) Act 1990 66(1)
England and Wales
Citing:
Appeal from – East Northamptonshire District Council and Others v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2013
The Council sought an order to quash the inspector’s decision to grant permission for a wind farm. . .

Cited by:
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 – 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 . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 29 November 2021; Ref: scu.521400

Trump International Gold Club Scotland Ltd and Another v The Scottish Ministers and Another: SCS 11 Feb 2014

Outer House

Lord Doherty
[2014] ScotCS CSOH – 22, 2014 SLT 406, 2014 GWD 8-154, [2014] CSOH 22
Bailii
Citing:
At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 17-Oct-2013
Outer House – Court of Session – This petition for judicial review challenged the decisions of the Scottish Ministers (a) not to hold a public inquiry, and (b) to grant consent under section 36 of the Electricity Act 1989 for the construction and . .

Cited by:
At Outer House (2) – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers SCS 5-Jun-2015
The petitioner golf course objected to the consent to an offshore windfarm. . .
At Outer House (2) – 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.

Scotland, Planning

Updated: 29 November 2021; Ref: scu.521147

York Council, City of v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2014

Application under section 288 of the 1990 Act by the City Council which seeks to quash an appeal decision dated 3 July 2013. By the decision the Inspector granted outline permission for residential housing development at Water Lane, Clifton Moor, York

His Honour Judge Behrens
[2014] EWHC 231 (Admin)
Bailii

Planning

Updated: 29 November 2021; Ref: scu.521116

Fox Land and Property Ltd v Secretary of State for Communities and Local Government and Another: Admn 17 Jan 2014

Application to quash a decision of the Secretary of State for Communities and Local Government rejecting the recommendation of his inspector that planning permission be granted for residential development of a piece of open land. 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.

Blake J
[2014] EWHC 15 (Admin)
Bailii
England and Wales

Planning

Updated: 28 November 2021; Ref: scu.519975

Sustainable Shetland v The Scottish Ministers and Another: SCS 3 Dec 2013

Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland.

Lord Carloway
[2013] ScotCS CSIH – 116
Bailii
Electricity Act 1989 36, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000
Scotland
Citing:
At Outer House – Sustainable Shetland, Re Judicial Review SCS 24-Sep-2013
Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. . .

Cited by:
Second Division – Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review SCS 9-Jul-2014
Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel. . .
Second Division – Sustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
Scotland, Planning, European, Utilities, Environment

Updated: 28 November 2021; Ref: scu.519746

London Borough of Islington and Another v Secretary of State for Communities and Local Government: Admn 20 Dec 2013

The claimant sought to set aside a decision of the defendant to refuse their claims for exemptions from the amendment of the Town and Country Planning (General Permitted Development) Order 1995

Collins J
[2013] EWHC 4009 (Admin)
Bailii
Town and Country Planning (General Permitted Development) Order 1995

Planning

Updated: 28 November 2021; Ref: scu.519338

Champion, Regina (on The Application of) v North Norfolk District Council and Others: CA 18 Dec 2013

The claimant had succeeded in a challenge to the grant of planning permission for the building of two barley silos. He said that the development was near and might affect Site of Special Scientic interest. The Council had at the same time said that there was no requirement for an environmental impact assessment, and that it had to impose conditions which were only available if a threat existed requiring an assessment.
Held:

Richards, Lewison LJJ, Coleridge J
[2013] EWCA Civ 1657
Bailii
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Conservation of Habitats and Species Regulations 2010 61
England and Wales
Citing:
Appeal from – Champion v North Norfolk District Council and Another Admn 7-May-2013
The claimant challenged the grant of planning permission for the erection of silos for the storage of barley. He said that the development might adversely impact on a nearby Site of Special Scientific Interest.
Held: The judicial review . .

Cited by:
Appeal from – 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, European, Environment

Updated: 27 November 2021; Ref: scu.519217

Corbett, Regina (on The Application of) v Cornwall Council: Admn 12 Dec 2013

The assessment of whether prior approval would be required for the development of an agricultural building onder the GDO 1995 was a summary one.

Birtles Judge
[2013] EWHC 3958 (Admin), [2013] WLR (D) 510
Bailii, WLRD
Town and Country Planning (General Permitted Development) Order 1995
England and Wales

Planning

Updated: 27 November 2021; Ref: scu.518992

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

Application under section 288 of the Town and Country Planning 1990 (1990 Act) to quash a decision letter on the part of an inspector appointed by the First Defendant to hear an appeal lodged by the applicant under section 195 of the 1990 Act against refusal on the part of the Second Defendant to grant a certificate of lawful proposed use under section 192 of the 1990 Act. The appeal was dismissed. The main issue on the appeal was the proper construction of condition three of a planning permission for a non-food retail development.

[2013] EWHC 3597 (Admin)
Bailii
England and Wales

Planning

Updated: 26 November 2021; Ref: scu.518474

Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another: SCS 17 Oct 2013

Outer House – Court of Session – This petition for judicial review challenged the decisions of the Scottish Ministers (a) not to hold a public inquiry, and (b) to grant consent under section 36 of the Electricity Act 1989 for the construction and operation of a deployment centre for testing eleven offshore wind turbines, with a maximum power generation of up to 100MW.

Lord Doherty
[2013] ScotCS CSOH – 166
Bailii
Electricity Act 1989 36
Scotland
Cited by:
At Outer House – Trump International Gold Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 11-Feb-2014
Outer House . .
Cited – Sustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers SCS 5-Jun-2015
The petitioner golf course objected to the consent to an offshore windfarm. . .
At Outer House – 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: 22 November 2021; Ref: scu.517021

Skrytek v Secretary of State for Communities and Local Government and Others: CA 15 Oct 2013

The appellant challenged the grant on appeal by the inspector of pemission for a waste treatment facility. The inspector had found that ‘the proposed waste treatment facility on the appeal site lies higher in the hierarchy than disposal’ The parties disputed the significance and meaning of ‘disposal’.

Maurice Kay VP, Beatson, Briggs LJJ
[2013] EWCA Civ 1231
Bailii
England and Wales

Planning

Updated: 21 November 2021; Ref: scu.516451