swarb.co.uk - law index
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Planning - From: 1996 To: 1996
This page lists 61 cases, and was prepared on 02 April 2018.
Regina v Kerrier District Council, ex parte Uzell Blythe and Sons [1996] JPL 837
1996
Latham J
Planning
The court referred to the decision of Sedley J in Atkinson adding: "As consideration of common humanity, they had to be equally applicable to decisions in relation to enforcement actions."
1 Cites
1 Citers
Regina v Basildon District Council [1996] JPL 886
1996
Admn
Carnwath J
Planning
The essence of the section 187B procedure is to achieve a speedy resolution of a planning problem. The courts have repeatedly emphasised that the injunction proceedings are not to be used as an opportunity to re-argue the planning merits of the case which were matters for the planning authority and the Secretary of State.
Town and Country Planning Act 1990 187B
1 Citers
Kent County Council v Brockman; 1996 - (1996) 1 PLR 1
Royal Borough of Kensington and Chelsea v Secretary of State for Environment, Molinaro [1996] EWHC Admin 1
10 Jan 1996
Admn
Lockart-Mummery QC
Planning
[ Bailii ]
William Boyer (Transport) Ltd v Secretary of State for the Environment and Another Gazette, 28 February 1996; Times, 07 February 1996; 69 P&CR 630; [1996] 1 PLR 103
7 Feb 1996
CA
Jeremy Sullivan QC
Planning
Renewed enforcement notices still had to be issued within a ten year period. A previous enforcement action taken by authority, needed itself to have been valid if it was to be used as a basis for keeping time running. "The breach of planning control alleged by the 'second bite' enforcement notice under section 171B(4) has to be the same breach as that alleged in the first defective enforcement notice..." An immunity accrued under the previous statutory provisions was not prejudiced by the 1991 provisions.
Town and Country Planning Act 1990 171B(4)(b)
Regina v Kensington and Chelsea Rbc Ex Parte Europa Foods Ind Summary, 15 February 1996
15 Feb 1996
QBD
Planning
A certificate of lawful proposed use was properly granted for the merger of two units.
Town and Country Planning Act 1990 192
Allied London Property Investment Ltd v Secretary of State for the Environment and Another Times, 28 March 1996; (1996) 72 P&CR 327
8 Mar 1996
QBD
Lockhart-Mummery QC
Planning
The applicant appealed the dismissal by the respondent of their application to the council for an extension of the time allowed for approval of reserved matters. Held: The appeal was granted. The reason for the delay had been a lack of interest in the proposed development, but when an application was made under the section, the inspector should only have considered the question of the conditions to which the permission was subject, and as at the time he considered the issue. He should not have considered new planning policies which had come into effect since the outline permission was granted. The authority had to consider the acceptability of the existing and proposed conditions, and could not revisit the question of whether the development was itself acceptable in principle. The power to vary planning consent conditions was not to be used to challenge the grant itself.
Town and Country Planning Act 1990 73(2)
Beard, Regina v; CACD 10-May-1996 - [1996] EWCA Crim 396; [1997] 1 PLR 64
Regina v Dacorum District Council and Another, Ex Parte Cannon Times, 09 July 1996
9 Jul 1996
QBD
Judicial Review, Planning
No judicial review was available against a planning decision where an appeal remained available under planning law.
Planning (Listed Buildings and Conservation Areas) Act 1990 6
Mobil Oil Company Limited v Secretary of State for Environment; Wycombe District Council and Safeway Stores Plc [1996] EWHC Admin 23
9 Jul 1996
Admn
Planning
1 Cites
Wilson Bowden Properties Limited v Secretary of State for Environment and Northampton Borough Council [1996] EWHC Admin 40
17 Jul 1996
Admn
Planning
Regina v Aylesbury Vale District Council and Another, Ex Parte Chaplin and Others Times, 23 July 1996
23 Jul 1996
QBD
Planning
There was no common law duty to give reasons for a grant of permission after a refusal.
1 Citers
Buckley v The United Kingdom Times, 09 October 1996; 20348/92; 23/1995/529/615; [1996] ECHR 39; (1996) 23 EHRR 101; [1996] ECHR 39
25 Sep 1996
ECHR
Planning, Human Rights
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 national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by a majority, took the opposite view, concluding that the responsible planning authorities had arrived at their decision after weighing in the balance the various competing interests at issue; that it was not for the Court to sit in appeal on the merits of that decision; that the reasons relied on by the planning authorities were relevant and sufficient; and that the means employed to achieve the legitimate aims pursued could not be regarded as disproportionate. A denial of permission for a gypsy to live on his own land was not a breach of his human rights. "'Home' is an autonomous concept which does not depend on classification under domestic law. Whether or not a particular habitation constitutes a 'home' which attracts the protection of Article 8(1) will depend on the factual circumstances, namely, the existence of sufficient and continuous links. The factor of 'unlawfulness' is relevant rather to considerations under paragraph 2 of that provision of 'in accordance with law' and to the balancing exercise undertaken between the interests of the community and those of the individual in assessing the necessity of any interference".
Hudoc No violation of Art. 8; No violation of Art. 14+8
European Convention on Human Rights 14
1 Citers
[ Bailii ] - [ Bailii ]
Anthony Lyndon Jones v Secretary of State for Wales and Vale of Glamorgan Borough Council [1996] EWHC Admin 80
3 Oct 1996
Admn
Planning
[ Bailii ]
Margaret Betty Lopez De Carrizosa and Evelyn Rosemary Burton and Patricia Dann and Martin Robert Eayrs v Huntingdonshire District Council [1996] EWHC Admin 81
3 Oct 1996
Admn
Planning
[ Bailii ]
Hann v Secretary Of State For The Environment, Sedgemoor District Council HC Admin 82
4 Oct 1996
Admn
Planning
The applicant appealed a refusal of permission with regard to the retention of the use of certain land and existing redundant agricultural buildings for light industrial and storage purposes. The inspector found certain advantages in the proposal, but felt that the structure requirements overrode those advantages. However the plan did allow for such changes. Appeal allowed.
[ Bailii ]
Wilhelm Henriques v Swale Borough Council [1996] EWCA Civ 675; [1997] 1 PLR 1
7 Oct 1996
CA
Planning
The appellant challenged refusal of the Lands Tribunal to authorise him to fell a tree protected under a Tree Preservation Order. He complained that the decision had not been certified properly by the authority as was required. Held: ' The word "certificate" does not require a document or a statement to be in any particular form. It requires there to be a formal and clear statement of facts or conclusions.' No particular form of words was required. A notice had been given which satisfied this requirement. The fact that the actual signatory had no part in the actual decision did not invalidate the certificate he gave. The appeal failed.
Town and Country Planning Act 1971 60 61
1 Citers
[ Bailii ]
Regina v Redditch Borough Council ex parte Allbutt, Clews and Scott [1996] EWCA Civ 690
10 Oct 1996
CA
Planning
[ Bailii ]
Stirk and others v Bridgnorth District Council [1996] EWCA Civ 701; (1996) EGCS 159
11 Oct 1996
CA
Thorpe LJ
Planning
Where a Council was both proposer and judge in respect of a planning application, the obligation to deal thoroughly, consistently and fairly with any objection was enhanced.
1 Citers
[ Bailii ]
Sisson Cox Homes v Secretary of State for Environment and Peterborough City Council [1996] EWHC Admin 104
11 Oct 1996
Admn
Planning
[ Bailii ]
Maldon District Council v Michael Roy Hammond Diana Rosemary Hammond [1996] EWCA Civ 717
14 Oct 1996
CA
Planning
[ Bailii ]
London Borough of Barking and Dagenham v Mills and Allen Limited [1996] EWHC Admin 109
14 Oct 1996
Admn
Planning, Media
[ Bailii ]
Regina v Hinckley and Bosworth Borough Council ex parte Fl Fitchett and Js Bloor (Services) Limited [1996] EWHC Admin 107
14 Oct 1996
Admn
Planning
Town and Country Planning Act 1990 54A
[ Bailii ]
Regina v Leeds City Council ex parte Leeds Industrial Co-Operative Society Ltd [1996] EWCA Civ 734
15 Oct 1996
CA
Local Government, Land, Planning
[ Bailii ]
Regina v Secretary of State for Environment ex parte Wakefield Metropolitan Borough Council; Admn 16-Oct-1996 - Times, 29 October 1996; [1996] EWHC Admin 118
Regina v South Staffordshire District Council v Goodyear [1996] EWHC Admin 119
16 Oct 1996
Admn
Planning, Crime
[ Bailii ]
Clowes Developments Ltd v Secretary of State for Environment and North West Leicestershire Dc [1996] EWHC Admin 126
18 Oct 1996
Admn
Planning
[ Bailii ]
West Midlands Probation Committee v Secretary of State for the Environment and Another Times, 18 October 1996
18 Oct 1996
QBD
Planning
A justified expectation of crime can be valid ground affecting planning decision.
Town and Country Planning Act 1990 288
1 Citers
Tameside Metropolitan Borough Council v Secretary of State for Environment and Roland Bardsley (Builders) Limited [1996] EWHC Admin 135
21 Oct 1996
Admn
Planning
[ Bailii ]
H J Banks and Co Ltd and Another v Secretary of State for Environment and Another [1996] EWCA Civ 786
23 Oct 1996
CA
Planning
[ Bailii ]
Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland 'the Dutch-Dykes case) C-72/95; [1997] 3 CMLR 1; [1996] ECR I-0503; [1996] EUECJ C-72/95; [1996] ECR I-5403
24 Oct 1996
ECJ
European, Planning, Environment
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 discretion (see, in particular, VERBOND VAN NEDERLANDSE ONDERNEMINGEN). Consequently where, pursuant to national law, a court must or may raise of its own motion pleas in law based on a binding national rule which were not put forward by the parties, it must, for matters within its jurisdiction, examine of its own motion whether the legislative or administrative authorities of the Member State remained within the limits of their discretion under Article 2(1) and 4(2) of the directive.
Environmental Impact Assessment Directive (85/337/EEC)
1 Citers
[ Bailii ]
T A J Moore v The Secretary of State for the Environment, The New Forest District Council [1996] EWHC Admin 146
25 Oct 1996
Admn
Planning
The applicant sought to quash an enforcement notice, regarding a change of use from residential to mixed residential and holiday accommodation. The change had taken in respect of several units over a long period of time. The inspector sought to bring them together and by treating them as one unit, he brought the development within the ten year period. The term dwelling-house is not defined in the Act. Can the use of the kind found properly be held to be materially different from the quality of use necessary to constitute use as a single dwelling house? Was this one dwelling house used as ten apartments? The distinction made was valid and the ten year rule correctly applied.
Town and Country Planning Act 1990 171 (b)(2)
1 Cites
1 Citers
[ Bailii ]
Sussex Investments Limited v The Secretary Of State For The Environment, Spelthorne Borough Council [1996] EWHC Admin 156
28 Oct 1996
Admn
Planning
The plaintiff requested that an enforcement notice should be quashed. Two earlier decision notices had already been quashed. At issue was a houseboat constructed on a floating wooden raft. There was an existing use certificate for a houseboat. Was it a houseboat or floating house? The inspector had taken a definition of houseboat from the dictionary. Could it be a boat without having a boat like shape? There was an existing use certificate for a houseboat. The secretary's decision had taken account of two associated platforms, but since these could be and indeed had been removed, he should have considered the development without the platforms. That consideration was not capable of being extracted from the decisions, and therefore it was quashed.
Town and Country Planning Act 1990
1 Cites
1 Citers
[ Bailii ]
Kyte and others and Secretary of State for the Environment Shepway District Council and Rank Holidays and Hotels Development Limited [1996] EWHC Admin 160
28 Oct 1996
Admn
Planning
[ Bailii ]
Regina v Tunbridge Wells Borough Council ex parte Measor [1996] EWHC Admin 178
31 Oct 1996
Admn
Planning
[ Bailii ]
l A and J K Knott v Secretary of State for Environment and Caradon District Council; re Land At Richmond Park, Sandways, Calstock, Cornwal [1996] EWHC Admin 181
1 Nov 1996
Admn
Planning
Town and Country Planning Act 1990
[ Bailii ]
London Borough of Barnet v Network Sites Limited [1996] EWHC Admin 188
4 Nov 1996
Admn
Planning, Media
Appeal against conviction for unauthorised advertising hoarding.
Town and Country Planning Act 1990 8224
[ Bailii ]
Historic Buildings and Monuments Commission for England v Secretary of State for Environment [1996] EWHC Admin 191
5 Nov 1996
Admn
Planning
[ Bailii ]
Regina v North Yorkshire County Council ex parte Brown [1996] EWHC Admin 203
6 Nov 1996
Admn
Planning, Environment
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988
[ Bailii ]
Brant Homes Central Limited v Secretary of State for Environment v Birmingham City Council [1996] EWHC Admin 197
6 Nov 1996
Admn
Planning
[ Bailii ]
Manchester City Council v Secretary of State for Environment Ringway International Development Limited [1996] EWHC Admin 220
12 Nov 1996
Admn
Planning
[ Bailii ]
Arun District Council v Michael Andrew Roy Wiggins [1996] EWCA Civ 952
14 Nov 1996
CA
Planning
[ Bailii ]
Hedges and Hedges v Secretary of State for Environment v East Cambridgeshire District Council [1996] EWHC Admin 240; [1996] EWHC Admin 239
15 Nov 1996
Admn
Planning
1 Citers
[ Bailii ] - [ Bailii ]
Charlotte Goodwin v Stratford-Upon-Avon District Council [1996] EWHC Admin 241
18 Nov 1996
Admn
Licensing, Planning
[ Bailii ]
Regina v Caerphilly County Borough Council ex parte Vega [1996] EWCA Civ 987
18 Nov 1996
CA
Planning
[ Bailii ]
Titterrell v Tunbridge Wells Borough Council [1996] EWHC Admin 244
19 Nov 1996
Admn
Planning
The claimant opposed the council's proposed structure plan, which would restrain development within his village. The particular issue related to the drawing of the boundary of the village. In this case the confusion was one arisen in a move from a detailed boundary to one defined generally. There was no error of law, and the appeal failed.
[ Bailii ]
Regina v Cotswold District Council ex parte Jennifer Kissel [1996] EWHC Admin 248
20 Nov 1996
Admn
Planning
Listed buildings consent.
1 Citers
[ Bailii ]
Rambridge v Secretary of State for Environment and East Hertfordshire District Council [1996] EWHC Admin 262
22 Nov 1996
Admn
Malcolm Spence QC J
Planning
[ Bailii ]
Scott v Secretary of State for Environment and Epping Forest District Council [1996] EWHC Admin 264
22 Nov 1996
Admn
Planning
[ Bailii ]
Swan v Secretary of State for Environment; Rhys Evans; Barry George Evans and Rhian Elizabeth Marilyn Jones [1996] EWHC Admin 266
22 Nov 1996
Admn
Planning
1 Cites
[ Bailii ]
Mark and Lucia Shepherd v Secretary of State for Environment and Three Rivers District Council; Admn 26-Nov-1996 - [1996] EWHC Admin 273
Thames Heliport Plc v London Borough of Tower Hamlets Times, 10 December 1996; [1996] EWCA Civ 1063
28 Nov 1996
CA
Planning
The use of a tethered barge as a heliport constituted a change of use of the land under the river.
Town and Country Planning Act 1990 55
1 Cites
[ Bailii ]
Regina v Kent County Council, Tunbridge Wells Borough Council [1996] EWCA Civ 1102
4 Dec 1996
CA
Planning
Objection to blight notice.
[ Bailii ]
Ronald Cartwright v Staffordshire Moorlands District Council [1996] EWCA Civ 1122
5 Dec 1996
CA
Planning
[ Bailii ]
Regina v Secretary of State for Environment ex parte Prior [1996] EWHC Admin 335
9 Dec 1996
Admn
Planning
[ Bailii ]
Swayfields Limited v Secretary of State for Environment North West Leicestershire District Council Hallam Land Management Limited [1996] EWHC Admin 343
10 Dec 1996
Admn
Planning
[ Bailii ]
Regina v Bassetlaw District Council ex parte Oxby [1996] EWHC Admin 344
11 Dec 1996
Admn
Planning
1 Citers
[ Bailii ]
In Re F A Wellworth and Co Ltd; In Re Boots the Chemist Ltd; CANI 16-Dec-1996 - Times, 16 December 1996
Regina v Bromsgrove District Council ex parte Barratt West Midlands Limited [1996] EWHC Admin 375
17 Dec 1996
Admn
Latham J
Planning, Local Government
The applicant sought to challenge by judicial review the decision of the respondent to grant to itself planning permission for the residential development of land. The land was designated fo removal from the green belt under a Draft Local Plan. The claimant owned a neighbouring site which it said had not been included in the consideration, and which would allow the authority to achieve the target set for new homes by central government. The authority said the objection as not as to the proposed development, but in reality as to the failure to grant permission to the claimant's for their land. Held: Although the applicant's plan had not been presented to the Committee fairly, "on the facts, the deficiencies that I have identified could have had no effect on the decision of the Committee, for the reasons that I have given. In these circumstances I do not consider that they are deficiencies which could justify me quashing the decision."
1 Cites
[ Bailii ]
Regina v Cambridge City Council and Wintercomfort for Homeless, ex parte Cambridge School of Languages [1996] EWHC Admin 371
17 Dec 1996
Admn
Planning
[ Bailii ]
Borough of Sandwell and Secretary of State for Environment And; Black Country Development Corporation and and Gazeley Properties Ltd [1996] EWHC Admin 378
18 Dec 1996
Admn
Planning
[ Bailii ]
