Category: Planning

Uprichard v The Scottish Ministers and Another: SCS 7 Sep 2011

The applicant sought a reclaiming motion against the local council’s Structure plan.
Held: The request was refused. Lord Justice Clerk Gill said: ‘A structure plan is that part of the statutory development plan that sets out the overall strategy on which development in the relevant area will be based. The plan rests on fundamental strategic objectives adopted by the planning authority in accordance with ministerial guidance. The Scottish Ministers retain the ultimate authority to approve its finalised terms. The strategic objectives are the basis of, and are carried into effect by, the various sectoral policies of the written statement. These policies are carried through in more detailed and site-specific ways in local plans and are ultimately implemented in ad hoc decisions on planning applications.’

Judges:

Lord Justice Clerk, Lord Brodie, Lord McEwan

Citations:

[2011] ScotCS CSIH – 59

Links:

Bailii

Jurisdiction:

Scotland

Citing:

At Outer House – Uprichard v Order of The Scottish Ministers SCS 30-Jul-2010
The petitioners soiught to object to the decision of the Ministers to approve a structure plan proposed for the future development of St Andrews.
Held: The request was refused. . .

Cited by:

Principal judgment – Fife Council v Uprichard SCS 10-Nov-2011
The applicant had had rejected her challenge to the planning policy of the respondens. The court now considered the Council’s motion for expenses. . .
Appeal from – Uprichard v Scottish Ministers and Another (Scotland) SC 24-Apr-2013
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 19 September 2022; Ref: scu.444243

Renfree v Mageean: CA 30 Jun 2011

Appeal against a quashing of a decision of the planning Inspector appointed by the the Secretary of State, allowing the appellant’s appeal against the refusal of the third respondent to grant planning permission for the erection of a 1.3 megawatt wind turbine generator with a hub height of up to 50 metres and a blade tip height of up to 80 metres on land at Pensilva, Liskeard (‘the site’).

Judges:

Mummery, Rimer, Sullivan LJJ

Citations:

[2011] EWCA Civ 863, [2012] Env LR 3

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Planning, Utilities

Updated: 17 September 2022; Ref: scu.442737

Greyfort Properties Ltd v Secretary of State for Communities and Another: CA 28 Jul 2011

The parties disputed whether certain works undertaken amounted to a commencement of operations so as to preserve a planning permission.
Held: Richards LJ equated implementation of planning permission with the start of the permitted works, saying: ‘It was the commencement of the access works that was found to be sufficient to amount to implementation of the planning permission’

Judges:

Maurice Kay VP, Richards, Leveson LJJ

Citations:

[2011] EWCA Civ 908, [2011] 31 EG 53, [2012] JPL 39, [2011] 43 EG 10

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Greyfort Properties Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government Admn 7-Dec-2010
‘The claimant seeks to keep alive a planning permission granted in 1974 for the development of nineteen flats in Torquay. The claimant contends that by virtue of operations carried out on site in January 1978 that planning permission subsists to . .

Cited by:

Cited – Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others Admn 18-Nov-2014
A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission.
Held: As a matter of law, the . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 17 September 2022; Ref: scu.442253

Fraser, Regina (on The Application of) v Shropshire Council: Admn 11 Jan 2021

The Claimant challenges the lawfulness of two separate grants of planning permission by the Defendant to the Interested Party to provide extra care residential development on land.

Judges:

James Strachan QC (Sitting as a Deputy Judge of the High Court)

Citations:

[2021] EWHC 31 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 16 September 2022; Ref: scu.657318

Telford Trustee No.1 Ltd and Another, Regina (on The Application of) v Telford and Wrekin Council: CA 27 Jul 2011

The claimants, owners of land in the town centre, part of which was occupied by a supermarket, objected to the grant of planning permission by the council to the supermarket company for another superstore.

Judges:

Ward, Richards, Hughes LJJ

Citations:

[2011] EWCA Civ 896

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 16 September 2022; Ref: scu.442236

Castell-y-Mynach Estate v Secretary of State for Wales: QBD 1985

A building ceased to be occupied as a dwelling in 1965, and then over a period of years became nearly derelict. Even so, the evidence showed that at no time had the owners intended abandoning the rights of existing use, despite their decision not to relet for residential use. Four relevant factors were identified at the inquiry and, the issue was whether the building was abandoned or not. Counsel for the applicant emphasised the intentions of the owners, saying the Secretary of State had ‘misdirected himself in going by the view of a reasonable man rather than apprising his mind of the crucial issue which was the true intention of the owners’.
Held: The weight of any particular fact had to depend on the circumstances of the case. Nolan J: ‘What was decisive was that the argument before the inspector, reviewed by the first respondent, was conducted on the agreed basis that all four factors relevant to this matter were taken into account. The weight that any particular factor bore had to depend on the particular case. It was true that in this case the extreme state of disrepair seemed to have affected the mind of the first respondent, as it had done the inspector, more than anything else. However, that was not at all inconsistent with the view formed, whichever one of the four factors one looked at. The only strong evidence the other way was the expressed intention of the owners, which was repeated at the hearing. However, genuinely expressed and put forward, it appeared to have yielded to the weight of the other factors in the mind of the inspector. Therefore the judge could see no error of law on the grounds advanced by counsel in his first submission.’

Judges:

Nolan J

Citations:

[1985] JPL 40

Jurisdiction:

England and Wales

Cited by:

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

Planning

Updated: 16 September 2022; Ref: scu.247974

Georgiou v Secretary of State for Communities and Local Government and Another: CA 7 Jul 2011

Judges:

Mummery, Etherton LJJ, Hedley J

Citations:

[2011] EWCA Civ 775

Links:

Bailii

Jurisdiction:

England and Wales

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

Planning

Updated: 15 September 2022; Ref: scu.441534

Cooperative Group Ltd, Regina (on The Application of) v Northumberland County Council: Admn 12 Mar 2010

Claim for judicial review of the decision of Tynedale District Council to grant full planning permission for a mixed retail office and residential development.

Judges:

Pelling QC HHJ

Citations:

[2010] EWHC 373 (Admin), [2010] Env LR 40, [2010] NPC 32

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 15 September 2022; Ref: scu.402619

Hearne v Secretary of State for Wales and Carmarthenshire County Council: Admn 25 May 1999

Citations:

[1999] EWHC Admin 494

Links:

Bailii

Statutes:

Caravan Sites and Control of Development Act 1960

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hearne v National Assembly for Wales and Another CA 10-Nov-1999
When looking at whether a person was a gypsy so as to qualify for additional consideration, the test was to be applied at the time when the decision was made and not when the application was made. It was acknowledged that an applicant could change . .
Lists of cited by and citing cases may be incomplete.

Planning, Discrimination

Updated: 13 September 2022; Ref: scu.139758

Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd: CA 14 Dec 2017

Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local community.
Held: The appeal failed.
Davis LJ gave a short concurring judgment to emphasise that the question was not whether the proffered benefits were desirable, but whether in planning terms they were material and whether they satisfied the criteria of materiality

Judges:

McFarlane, Davis, Hickinbottom LJJ

Citations:

[2017] EWCA Civ 2102

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 70(2), Planning and Compulsory Purchase Act 2004 38(6)

Jurisdiction:

England and Wales

Citing:

Appeal from – Wright, Regina (on The Application of) v Forest of Dean District Council and Another Admn 9-Jun-2016
The court was asked whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material . .

Cited by:

Appeal from – Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another SC 20-Nov-2019
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 13 September 2022; Ref: scu.601461

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.

Judges:

Lang DBE J

Citations:

[2013] EWHC 473 (Admin)

Links:

Bailii

Statutes:

Planning (Listed Buildings and Conservation Areas) Act 1990

Jurisdiction:

England and Wales

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 by:

Appeal from – 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.

Planning

Updated: 13 September 2022; Ref: scu.471550

Tegni Cymru Cyf v The Welsh Ministers and Another: CA 24 Nov 2010

Judges:

Carnwath, Elias, Pitchford LJJ

Citations:

[2010] EWCA Civ 1635, [2011] JPL 1342

Links:

Bailii

Jurisdiction:

England and Wales

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

Planning

Updated: 13 September 2022; Ref: scu.440325

Hulme v Secretary of State for Communities and Local Government and Another: CA 26 May 2011

Permission had been granted for a windfarm, subject to a complex group of conditions, designed to mitigate noise, including (as it was described) ‘blade swish’. Condition 20 required the operator, in the event of a complaint from a local resident, to employ a consultant to assess whether the noise emissions at that dwelling exceeded the expected levels, by reference to levels specified in the condition.
Held: The condition was obscurely drafted, and failed to indicate clearly what was to happen next, but having regard to its obvious purpose and to the scheme of the conditions as a whole, Elias LJ interpreted it as imposing an obligation, running for the duration of the permission, to comply with the specified levels, subject to enforcement by the planning authority in the normal way.

Judges:

Mummery, Elias, Patten LJJ

Citations:

[2011] EWCA Civ 638

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Telford and Wrekin Council v Secretary of State for Communities and Local Government Admn 29-Jan-2013
Permission had been granted for use of a building as a garden centre subject to a condition in these terms: ‘prior to the garden centre hereby approved opening, details of the proposed types of products to be sold should be submitted to and agreed . .
Cited – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 13 September 2022; Ref: scu.440182

Newport County Borough Council v Secretary of State for Wales and Browning Ferris Environmental Services Ltd: CA 18 Jun 1997

Citations:

[1997] EWCA Civ 1894

Jurisdiction:

England and Wales

Citing:

Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 12 September 2022; Ref: scu.142290

Benn, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 14 Feb 2011

Appeal against refusal of planning permission to allow him to cease trading from his shop which was part of his house as he retired, thus closing the only shop in the village.

Judges:

Kenneth Parker J

Citations:

[2011] EWHC 1290 (Admin)

Links:

Bailii

Planning

Updated: 12 September 2022; Ref: scu.440072

Isle of Anglesey County Council and Another v Welsh Ministers and others: QBD 6 May 2008

Challenge to the grant of planning permission to create a marina in an area designated as a mussel fishery.

Judges:

Davis J

Citations:

[2008] EWHC 921 (QB)

Links:

Bailii

Statutes:

Menai Strait Oyster and Mussel Fishery Order 1962

Jurisdiction:

Wales

Cited by:

Appeal from – Isle of Anglesey County Council and Another v The Welsh Ministries and others CA 20-Feb-2009
The claimants, the Commissioners and the County Council, sought declarations to establish their right to build a marina on parts of the foreshore currently used for commercial mussel fishing. Section 40 of the 1868 Act authorised ministers to make . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Planning

Updated: 11 September 2022; Ref: scu.267543

Wandsworth Borough Council v South Western Magistrates’ Court, Clear Channel UK Limited: Admn 2 May 2007

The council appealed dismissal of its prosecution of the defendant under the Regulations on the basis that the defendant had deemed consent for the advertisements at issue. A picture which had been painted on the upper half of a house, in 1921, and had been replaced in 200 with a rolling illuminated advert. The prosecutor said that the illumination was a substantial increase in the advert.
Held: The display was unlawful. At the time when the painting was replaced, it had not for many years been employed for the purposes of an advertisement. An illuminated, scrolling advertisement as shown in the photographs before the district judge, which shows in relatively short consequence two different advertisements, is very different from a non-illuminated, static, wall painting, where the paint has been applied to the brickwork direct.

Judges:

Latham LJ, SUllivan J

Citations:

[2007] EWHC 1079 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning (Control of Advertisements) Regulations 1992

Jurisdiction:

England and Wales

Citing:

Cited – Mills and Allen Ltd v City of Glasgow SCS 1980
The sherriff court had not accepted a submission by the Council that an alteration from a painted gable wall advertising Raleigh Bicycles, to a smaller advertisement for Carlsberg Special Brew, painted onto plywood sheets which were nailed to the . .
Cited – Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth Admn 9-May-2003
Notices had been issued by the defendant local planning authority under section 11 of the 1995 Act.
Held: The notices had to be quashed for several reasons. The court considered whether there was a deemed consent: ‘It seems to me that, as . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Planning

Updated: 09 September 2022; Ref: scu.252407

CPRE Surrey v Waverley Borough Council: CA 31 Oct 2019

Whether a local planning authority, when preparing its local plan, made any legal error in its consideration of unmet housing need in a neighbouring authority’s area.

Judges:

Lord Justice Patten, Sir Ernest Ryder, Senior President of Tribunals and Lord Justice Lindblom

Citations:

[2019] EWCA Civ 1826

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 09 September 2022; Ref: scu.644118

Wright, Regina (on The Application of) v Forest of Dean District Council and Another: Admn 9 Jun 2016

The court was asked whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material consideration which it was lawful for the defendant to take into account when granting planning permission for the development to the interested party.
Held: The grant of permission was quashed. Dove J accepted that the community benefit fund donation did not serve a planning purpose, it was not related to land use, and it had no real connection to the proposed development.

Judges:

Dove J

Citations:

[2016] EWHC 1349 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 70(2), Planning and Compulsory Purchase Act 2004 38(6)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd CA 14-Dec-2017
Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local . .
At Admn – Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another SC 20-Nov-2019
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development . .
Lists of cited by and citing cases may be incomplete.

Planning, Utilities

Updated: 08 September 2022; Ref: scu.565395

Wenman v The Secretary of State for Communities and Local Government and Another: Admn 21 Apr 2015

The Claimant applied to quash the decision of the Secretary of State for Communities and Local Government made on his behalf by an Inspector in which he dismissed his appeal against the refusal of planning permission by Waverley Borough Council for the use of the clamant’s land for the standing of mobile homes.

Judges:

Lang J

Citations:

[2015] EWHC 925 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 08 September 2022; Ref: scu.545693

Gottlieb, Regina (on The Application of) v Winchester City Council: Admn 11 Feb 2015

The Claimant applied for judicial review of the decision of Winchester City Council to authorise variations to a contract with a developer to build a new mixed retail, residential and transport centre in the heart of Winchester city centre. As a councillor, he sought to challenge the decision to authorise variations of a contract between the council and a developer on the ground that there had been a failure to comply with the 2006 Regulations.
Held: It is well-established that a direct financial or legal interest is not required to establish standing to bring a claim for judicial review: R v Inland Revenue Commissioners ex parte National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617, at 694B-C; R v Secretary of State for the Environment ex parte Rose Theatre Trust Co. [1990] 1 QB 504, at 520D. Although there is a specific remedy for economic operators under the 2006 Regulations, this does not preclude claims for judicial review by those who are not economic operators (e.g. R (Law Society) v Legal Services Commission [2007] EWCA Civ 1264).
This claim is distinguishable on the facts from R (Chandler) v Secretary of State for Children, Schools and Families [2010] LGR 1, where the court held that the claimant lacked standing to bring a judicial review claim because she did not have any interest in the observance of the public procurement regime, being motivated by her political opposition to academy schools. In contrast, the Claimant in this case does not pursue any ulterior motive. He seeks what the procurement process is intended to provide, namely, an open competition to allow Winchester to select the development which best fulfils its needs.’

Judges:

Lang DBE J

Citations:

[2015] EWHC 231 (Admin)

Links:

Bailii

Statutes:

Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Cited by:

Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 08 September 2022; Ref: scu.542486

Uprichard v Fife Council: SIC 21 Nov 2005

Request for information relating to a planning application made to Fife Council – Failure of Fife Council to respond to an information request and subsequent request for review within the statutory timescales set out in the Freedom of Information (Scotland) Act 2002

Citations:

[2005] ScotIC 049 – 2005

Links:

Bailii

Statutes:

Freedom of Information (Scotland) Act 2002

Cited by:

See Also – Uprichard v Fife Council SIC 15-Aug-2006
Correspondence submitted in consultation on proposed upgrade of Lade Braes to multi-user path status – Correspondence submitted in consultation on proposed upgrade of Lade Braes to multi-user path status – personal information section 38(1)(b) of . .
Lists of cited by and citing cases may be incomplete.

Scotland, Information, Planning

Updated: 08 September 2022; Ref: scu.434784

Regina on the Application of Kathro and Others and Llantwit Fardre Community Council v Rhondda Cynon Taff County Borough Council: Admn 6 Jul 2001

Local residents sought to challenge the proposed determination of a planning application which involved a private finance initiative. One of the grounds was that the use of a negotiated tendering procedure for the purposes of the PFI was contrary to the Public Services Contracts Regulations 1993.
Held: That ground was rejected, but Richards J added: ‘In any event I have strong doubts about the claimants’ standing to raise this issue, though I need express those doubts only briefly. The correct procedure is a matter of obvious concern to tenderers or would-be tenderers, but those persons have their own remedies under the regulations themselves. The claimants have not been shown to be affected in any way by the choice of tendering procedure. They have seized on the point simply as a fall-back way of trying to stop the project. I see no wider public interest to be served by allowing a challenge, and in all the circumstances the claimants should not in my view be regarded as having a sufficient interest for the purposes of the PFI challenge.’

Judges:

Richards J

Citations:

[2001] EWHC Admin 527, [2002] Env LR 15

Links:

Bailii

Statutes:

Public Services Contracts Regulations 1993

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another QBD 30-Nov-2001
The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations . .
Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 07 September 2022; Ref: scu.140345

Asda Stores Ltd, Regina (on The Application of) v Leeds City Council and Another: CA 20 Jan 2021

Did a local planning authority err in law when granting planning permission for a large ‘mixed-use retail-led’ development, because it misinterpreted and misapplied the Government’s policy for retail development in paragraph 90 of the National Planning Policy Framework.

Judges:

The Senior President of Tribunals, Sir Keith Linbloom

Citations:

[2021] EWCA Civ 32, [2021] WLR(D) 79

Links:

Bailii, Judiciary, WLRD

Jurisdiction:

England and Wales

Planning

Updated: 07 September 2022; Ref: scu.657310

Day, Regina (on The Application of) v Shropshire Council: CA 23 Dec 2020

When a local authority disposes of land which is subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements, does that trust continue or end; and, in either case, what are the legal implications for the authority and the disponee?

Judges:

Lord Justice David Richards, Lord Justice Hickinbottom and Lady Justice Andrews

Citations:

[2020] EWCA Civ 1751

Links:

Bailii, Judicary

Jurisdiction:

England and Wales

Land, Planning

Updated: 07 September 2022; Ref: scu.657110

Davenport v The City of Westminster: CA 19 Apr 2011

The appellant challenged an injunction preventing him making any development of a property without planning permission. He was said to have been using it for commercial purposes without such.

Judges:

Pill, Hooper, Munby LJJ

Citations:

[2011] EWCA Civ 458

Links:

Bailii

Statutes:

Town & Country Planning Act 1990 172

Jurisdiction:

England and Wales

Planning

Updated: 06 September 2022; Ref: scu.432836

Bateman and Another, Regina (on The Application of) v South Cambridgeshire District Council: Admn 26 Mar 2010

Renewed application for permission to challenge the grant of planning permission for an extension to Camgrain Storage Limited’s grain storage facility at land adjacent to Wilbraham Chalk Pit, West Wratting, Cambridgeshire, near the claimant’s home.

Judges:

Supperstone QC J

Citations:

[2010] EWHC 797 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 06 September 2022; Ref: scu.431929

Jones, Regina (on the Application Of) v Mansfield District Council: Admn 20 Jan 2003

Citations:

[2003] EWHC 7 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 by:

Appeal from – 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.

Planning

Updated: 06 September 2022; Ref: scu.184943

Clientearth, Regina (on The Application of) v Secretary of State for Business, Energy and Industrial Strategy and Another: CA 21 Jan 2021

This appeal raises questions on the interpretation of the Overarching National Policy Statement for Energy and the National Policy Statement for Fossil Fuel Electricity Generating Infrastructure, and their legal effect in the determination of an application for a development consent order to approve a nationally significant infrastructure project. The NSIP in question is the proposal to construct and operate two gas-fired generating units at the Drax Power Station, near Selby in North Yorkshire.

Judges:

Sir Keith Lindblom, The Senior President of Tribunals

Citations:

[2021] EWCA Civ 43

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Planning, Environment

Updated: 06 September 2022; Ref: scu.657334

Save Britain’s Heritage), Regina (on The Application of) v Secretary of State for Communities and Local Government: CA 25 Mar 2011

The court was asked whether the demolition of a building could fall within the Directive and require an Environmental Impact Assessment.

Citations:

[2011] EWCA Civ 334

Links:

Bailii

Statutes:

Council Directive 85/337/EC

Jurisdiction:

England and Wales

Environment, Planning, European

Updated: 04 September 2022; Ref: scu.431250

Kerrier District Council v Secretary of State for the Environment: QBD 1981

A building had been constructed on a site, but failed to comply with the permission granted because the basement did not have planning approval.

Citations:

(1981) 41 P and CR 284

Jurisdiction:

England and Wales

Cited by:

Overruled – Handoll and Suddick v Warner Goodman and Streat (a firm) and Others CA 9-Dec-1994
The purchasers of land on which a bungalow had been erected wanted to discover, by way of a preliminary issue in an action against the vendor, whether a condition attached to planning permission would enforceable against them. A planning permission . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 03 September 2022; Ref: scu.552021

Pertemps Investments Ltd v Secretary of State for Communities and Local Government and Another: Admn 31 Jul 2015

‘This case is about the Government’s current policy for development control in the Green Belt and the corresponding policy in a more recently adopted local plan.’

Judges:

Lindblom J

Citations:

[2015] EWHC 2308 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 03 September 2022; Ref: scu.551006

Regina v Newland: CACD 1987

The appellant, a woman of gypsy descent had been fined for breach of a planning enforcement order. The crown court judge had concluded cursorily that her planning appeal was hopeless and simply designed to frustrate the local authority. By the time the matter reached the appellate court the appeal had been decided in her favour.
Held: The appeal succeeded. The judge had been wrong not to grant the application for an adjournment pending the inspector’s decision, which could have realistically been expected to be handed down within a matter of weeks. The fine imposed was in any event grossly excessive and a much lower amount was substituted.

Citations:

(1987) 54 PCR 222, [1987] JPL 851

Jurisdiction:

England and Wales

Cited by:

Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.

Planning, Crime

Updated: 03 September 2022; Ref: scu.441230

Milebush Properties Ltd v Tameside Metropolitan Borough Council: CA 17 Mar 2011

The court considered the availability, in private law proceedings between non-contracting parties, of a declaration on the meaning and effect of a planning obligation in a deed made pursuant to provisions in the planning legislation.

Judges:

Mummery, Moore-Bick, Jackson LJJ

Citations:

[2011] EWCA Civ 270

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 106

Jurisdiction:

England and Wales

Land, Planning

Updated: 03 September 2022; Ref: scu.430646

Trott v Broadland District Council: CA 17 Mar 2011

The appellant appealed against an injunction preventing him interfering in the recreational enjoyment of land. Planning permission had been granted to his company allowing a development on condition that land adjacent to the buildings should be left open. He was said to have enclosed part of it as a garden.

Judges:

Sullivan LJ

Citations:

[2011] EWCA Civ 301

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 187B

Jurisdiction:

England and Wales

Planning, Land

Updated: 03 September 2022; Ref: scu.430649

Bateman, Regina (on The Application of) v South Cambridgeshire District Council: CA 22 Feb 2011

The claimants sought judicial review of a planning permission saying that it had been granted without requiring an environmental impact assessment.

Citations:

[2011] EWCA Civ 157

Links:

Bailii

Statutes:

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

Jurisdiction:

England and Wales

Planning

Updated: 02 September 2022; Ref: scu.429660

Stancliffe Stone Company Ltd v Peak District National Park Authority: CA 17 Jun 2005

In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for renewed planning permission for the two sites. In 2005, the applicants began an action which sought to challenge the inclusion of the sites in that list, saying that the letter seeking a declaration that the effect of the 1952 letter was to create one single planning permission, not four, and that therefore the sites could not therefore be separately listed as dormant.
Held: The action was in reality a public law action, and should have been by way of judicial review, and not for a declaration. To seek to achieve this effect in this way was an abuse of process. Any challenge should have been made before the dates appropriate to the listing, and if by way of judicial review in any event within three months.

Judges:

Chadwick LJ, Buxton LJ, Gage LJ

Citations:

[2005] EWCA Civ 747, Times 14-Jul-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .
Cited – Calder Gravel Ltd v Kirklees Metropolitan Borough Council 1989
The plaintiff’s predecessor in title had applied in 1946 for planning permission. The authority approved the application and for nearly 40 years all concerned had proceeded on the basis that outline planning permission had been granted. In 1984 the . .
Cited – Moyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Cited – Earthline Limited v Secretary of State for Transport, Local Government and the Regions and West Berkshire Council CA 6-Nov-2002
A mining permission, allowing extraction of gravels, had been given the wrong date for its termination. Under the original Act, the permission would expire in 2042. In stating the terms for the licence, the mineral planning authority had mistakenly . .
Cited – Moyna v The Secretary of State for Social Security CA 27-Mar-2002
The claimant a former civil servant had retired due to ill health, and appealed refusal of disability living allowance. The court did not accept that one could have facts on which different tribunals could properly reach different conclusions about . .
Cited – Mouchell Superannuation Fund Trustees and another v Oxfordshire County Council CA 1992
The court has jurisdiction to grant a declaration, in a private law action, that a planning condition is invalid. . .
Cited – Tarmac Heavy Building Materials UK Ltd v Secretary of State for the Environment, Transport and the Regions QBD 14-Jul-1999
A condition requiring the removal of plant and re-instatement of a site after completion of extraction of minerals from it was not properly imposed since the operation of the plant was not necessarily linked to the continuation of the quarrying . .
Leave – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 24-Feb-2005
Recommencement of quarry works under old planning licence. . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 02 September 2022; Ref: scu.226733