swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Planning - From: 1995 To: 1995
This page lists 21 cases, and was prepared on 02 April 2018.
King's Lynn and West Norfolk Borough Council v Secretary of State for the Environment [1995] JPL 730
1995
David Keene QC
Planning
David Keene QC said: "I note that whereas s171B(1) is confined to cases where the breach consists of the carrying out of operations without planning permission, that is to say one form of development, s. 171B(2) seems to apply to any breach of planning control consisting in the change of use of a building to a single dwelling house. Unlike subsection (1), subsection (2) does not seem to be limited to cases where the breach arises because there is no planning permission. On the face of it, therefore, subsection (2) would seem to be wide enough to embrace breaches of planning control arising by way of breach of condition as well as wholly unpermitted changes to a single dwelling house. That would also be consistent with a legislative intention to protect occupiers of such dwellings after four years of breach, whatever the nature of the breach."
Town and Country Planning Acr 1990 171B(1)
1 Citers
Hambleton District Council v Bird; CA 1995 - [1995] 3 PLR 8
Heatherington (UK) Ltd v Secretary of State for the Environment (1995) 69 P & CR 374; (1995) JPL 228
1995
David Keene QC
Planning
The company owned a listed residential property with temporary permission for office use. The local authority required the building to be returned to residential use when the permission expired. The company argued that continued office use would allow them to undertake works to enhance its architecural features, and that the inspector had failed to consider the effect on the special qualities of the building if it was to revert to residential use. Held: The company's appeal was allowed. In making his decision the inspector had failed in his duty under the Act to consider whether a reversion and associated conversion to residential use would seriously affect the architectural features of the building.
Planning (Listed Buildings and Conservation Area) ACt 1990 66(1)
1 Citers
Bailey and Another v Secretary of State for the Environment and Another Gazette, 22 February 1995; Times, 03 January 1995; Ind Summary, 27 February 1995
3 Jan 1995
CA
Planning
The grant of a temporary planning consent destroys the possibility of granting an existing use certificate.
Town and Country Planning Act 1990 191
Jones v Secretary of State for Wales and Another Times, 06 February 1995
6 Feb 1995
CA
Planning
Appeal allowed for parties to test planning inspectors independence.
Delyn Borough Council v Solitaire (Liverpool) Ltd and Another Ind Summary, 27 February 1995; Times, 09 February 1995
9 Feb 1995
ChD
Planning
A market's planning permission does not give any rights beyond that permission.
Planning Permission did not imply waiver of statutory rights re market by LA.
Food Act 1984 50
Regina v Secretary of State for Wales Ex Parte Mid-Glamorgan County Council Times, 10 February 1995
10 Feb 1995
CA
Planning
Secretary of State may take accounts of events after original decision when taking appeal.
Town and Country Planning Act 1990 Sch 9 #3
Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc; CA 1-Mar-1995 - Times, 01 March 1995; [1995] 159 LGLR 769
Regina v Secretary of State for the Environment Ex Parte South Normanton District Council and Another Times, 09 March 1995
9 Mar 1995
CA
Planning
The Secretary of State may revive powers by calling in a planning application within public guidelines.
Jones and Another v Secretary of State for Wales and Another Ind Summary, 20 March 1995
20 Mar 1995
CA
Planning
An Inspector may be cross examined on his affidavit if there is an accusation of impropriety.
Regina v Secretary of State for Wales and Another, Ex Parte Mid Glamorgan County Council Ind Summary, 10 April 1995
10 Apr 1995
CA
Planning
Secretary of State inquiring on resumption of mineral working to take the hearing ab initio and not as an appeal.
Regina v Wicks Gazette, 07 June 1995; Independent, 11 May 1995; Times, 19 April 1995
19 Apr 1995
CACD
Planning
A defendant facing a charge of not complying with an enforcement notice may not challenge the validity of the notice upon which the enforcement proceedings are based by asserting it to be unreasonable.
Town and Country Planning Act 1990 179 (1)
1 Cites
1 Citers
Regina v Secretary of State for the Environment Ex Parte Slough Borough Council and Another Times, 23 May 1995; Independent, 14 June 1995; Gazette, 14 June 1995
23 May 1995
CA
Planning
A challenge to planning permission where the development had exceeded the application was to be made promptly. Where an area covered by the permission is not specified, it was not determined by the application. An unambiguous planning permission is to be read so as to stand on its own; no reference should be made to the application which generated it.
1 Citers
Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others; HL 25-May-1995 - Times, 25 May 1995; Ind Summary, 10 July 1995; (1995) 71 P & CR 309; (1995) 1 WLR 1176
Tesco Stores Ltd v Secretary of State for the Environment and Others; HL 21-Jun-1995 - Gazette, 05 July 1995; Gazette, 21 June 1995; [1995] 1 WLR 759; [1995] UKHL 22; (1995) 70 P & CR 184; [1995] 2 All ER 636; [1995] 2 EGLR 147; [1995] EG 82; [1995] 2 PLR 72; [1995] 27 EG 154
Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2; HL 17-Jul-1995 - Gazette, 31 August 1995; Times, 17 July 1995; [1995] 1 WLR 1176; 61 P & CR 343
Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others Independent, 03 October 1995; (1995) 8 Admin LR 529; [1997] JPL 65
3 Oct 1995
QBD
Sedley J
Housing, Local Government, Planning
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still sustainable, but by the 1960 Act, local authorities were given power to close the commons to travellers. This they did with great energy, but made no use of the concomitant power given to them by s24 to open caravan sites to compensate for the closure of the commons. By the 1968 Act, Parliament legislated to make the s24 power a duty, resting in rural areas upon county councils rather than district councils (although the latter continued to possess the power to open sites). For the next quarter of a century there followed a history of non-compliance with the duties imposed by the Act of 1968, marked by a series of decisions of this court holding local authorities to be in breach of their statutory duty, to apparently little practical effect. The default powers vested in central government, to which the court was required to defer, were rarely if ever used. Sedley J: "Those considerations in the material paragraphs (of the Circular [on Gypsy Site Policy]) which are not statutory are considerations of common humanity, none of which can be properly ignored when dealing with one of the most fundamental human needs, the need for shelter with at least a modicum of security."
Criminal Justice and Public Order Act 1994 77 78 79 - Caravan Sites and Control of Development Act 1960 23 - Caravan Sites Act 1968
1 Citers
Braintree District Council v Secretary of State for the Environment and Others Times, 09 October 1995
9 Oct 1995
QBD
Planning
A 'local centre' for planning means development of shops serving those in the immediate locality.
Kalra v Secretary of State for the Environment and Another Times, 13 November 1995
13 Nov 1995
CA
Planning
A solicitor's practice could be an A2 use despite the use of appointments systems. The actual use may vary.
Bryan v The United Kingdom; ECHR 22-Nov-1995 - Times, 08 December 1995; 19178/91; 44/1994/491/573; [1995] ECHR 50; [1996] 28 EG 137; [1996] 2 EGLR 123; [1996] 1 PLR 47; (1996) 21 EHRR 342
W E Black Ltd v Secretary of State for the Environment and Another Times, 27 November 1995
27 Nov 1995
QBD
Planning
Condition that anti-flooding measures were to be implemented before development could commence were valid.