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: 1997 To: 1997
This page lists 122 cases, and was prepared on 02 April 2018.
South Lanarkshire Council v Secretary of State for Scotland (Scotland) Times, 09 January 1997
9 Jan 1997
IHCS
Planning, Land
A condition attached to a planning permission for a gate to be erected potentially to obstruct a public right of way was invalid.
Regina v Warwickshire County Council Ex Parte Powergen Plc; QBD 9-Jan-1997 - Times, 09 January 1997; (1998) 96 LGR 17
London Borough of Bromley v Secretary of State for Environment v Wates Leisure Limited [1997] EWHC Admin 1
10 Jan 1997
Admn
Lockhart-Mummery QC
Planning
[ Bailii ]
RW Ramsey and JP Ramsey v Secretary of State for Environment v Suffolk Coastal District Council [1997] EWHC Admin 2
10 Jan 1997
Admn
Planning
Refusal of certificate of lawful use or development in respect of the use of land.
[ Bailii ]
Inoco Plc v Wyre Forest District Council [1997] EWHC Admin 9
14 Jan 1997
Admn
Planning
[ Bailii ]
Regina v Leominster District Council ex parte Patricia Pothecary [1997] EWHC Admin 24
16 Jan 1997
Admn
Planning
Retrospective application for planning rather than enforcement - lawfulness.
1 Cites
1 Citers
[ Bailii ]
Gillenden Development Company Limited v Surrey County Council [1997] EWCA Civ 789
16 Jan 1997
CA
Planning
1 Cites
[ Bailii ]
Edwin Alan Woodfield v Secretary of State for Environment [1997] EWHC Admin 31
20 Jan 1997
Admn
Planning
1 Cites
[ Bailii ]
Regina v London Borough of Merton and Newmont Properties Limited Plc ex parte Dorothy Driver [1997] EWHC Admin 43
21 Jan 1997
Admn
Planning
1 Cites
[ Bailii ]
Hammond v Secretary of State for the Environment and Another Times, 20 February 1997; [1997] EWCA Civ 888
30 Jan 1997
CA
Planning
Decision by planning inspector is binding on later inspectors; estoppel per rem.
[ Bailii ]
David Paul Wilkins v Secretary of State for for Wales Vale of Glamorgan Borough Council [1997] EWHC Admin 96
3 Feb 1997
Admn
Planning
[ Bailii ]
Regina v Derbyshire County Council ex parte Woods; CA 7-Feb-1997 - [1997] EWCA Civ 971; [1997] JPL 958; [1998] Env LR 277
Shimizu (UK) Ltd v Westminster City Council Gazette, 12 March 1997; Times, 11 February 1997; [1997] 1 All ER 481; [1997] UKHL 3; [1997] 1 WLR 168
11 Feb 1997
HL
Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Cooke of Thorndon, Lord Hope of Craighead
Planning, Land
The removal of a listed building's chimney stacks was an alteration allowing a claim for compensation. The phrases 'alteration' and 'demolition' are mutually exclusive. Although part of a building may be a listed building, a part of a listed building cannot itself be a listed building.
Planning (Listed Buildings and Conservation Areas) Act 1990
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Basingstoke and Deane Borough Council v The Secretary of State for the Environment, Barwood Developments Limited [1997] EWHC Admin 151
17 Feb 1997
Admn
Roy Vandermeer QC
Planning
The landowners appealed a refusal to grant planning permission without there being included a condition which had been attached to an earlier permission, and which remained unfulfilled. The condition was, in effect, to allow sales from one proposed unit of bulky goods only. It was imposed in order to preserve the viability of the town centre. The inspector had looked at this rather narrowly but to such an extent as to invalidate his view. The proportion of bulky goods was not such as to suggest an out of town site.
Town and Country Planning Act 1990 288
[ Bailii ]
Epping Forest District Council v The Secretary of State for The Environment, Mr L W Barker HC Admin 154
18 Feb 1997
Admn
Planning
The Treasury solicitor accepted there had been an error on the face of the Secretary's decision letter, and consented to an order making appropriate variations.
[ Bailii ]
Regina v Secretary of State for Environment ex parte Walsall Metropolitan Borough Council [1997] EWHC Admin 157
18 Feb 1997
Admn
Planning
[ Bailii ]
John Mould and Secretary of State for Environment v Newbury District Council [1997] EWHC Admin 185
26 Feb 1997
Admn
Rich J
Planning
[ Bailii ]
Barclays Bank Plc v Kent County Council [1997] EWCA Civ 1092
26 Feb 1997
CA
Costs, Planning
[ Bailii ]
Byrne v Secretary of State for Environment and Arun; Admn 27-Feb-1997 - [1997] EWHC Admin 190; (1997) 74 P&CR 420
Miller and others v Wycombe District Council Appellent [1997] EWCA Civ 1116
27 Feb 1997
CA
Planning
Town and Country Planning (Development Plan) Regulations 1991 16(1)
1 Cites
[ Bailii ]
Regina v Royal Borough of Kensington and Chelsea ex parte Lawrie Plantation Services [1997] EWHC Admin 199; [1997] EWHC Admin 199
28 Feb 1997
Admn
Planning
1 Cites
1 Citers
[ Bailii ]
Regina v Cotswold District Council ex parte Anne Jennifer Kissel [1997] EWCA Civ 1138
28 Feb 1997
CA
Planning
1 Cites
[ Bailii ]
Regina v Fenland District Council ex parte Madden [1997] EWHC Admin 215
4 Mar 1997
Admn
Planning
[ Bailii ]
Terence Geoffrey Best and others v Secretary of State for Environment v Bass Holdings Limited v South Somerset District Council v Tesco Stores Limited [1997] EWHC Admin 226
5 Mar 1997
Admn
Mr Lockhart-Mummery QC
Planning, Administrative
Counsel for an objector in a planning case submitted that the contents of an incoming letter lying in the Department's postroom were imputedly known to the Secretary of State. Held: The judge generously described the submission as having an air of unreality.
1 Cites
1 Citers
[ Bailii ]
Richardson v Secretary of State for Environment and Milton Keynes Borough Council [1997] EWHC Admin 268
13 Mar 1997
Admn
Planning
[ Bailii ]
Cadogan Holding Company v Secretary of State for Environment and Royal Borough of Kensington and Chelsea [1997] EWHC Admin 263
13 Mar 1997
Admn
Planning
[ Bailii ]
Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council [1997] EWHC Admin 271; [1997] EWHC Admin 271
14 Mar 1997
Admn
His Honour Judge Rich
Planning, Estoppel
The applicant appealed dismissal of his appeal against a planning enforcement notice issued by the respondent. He said the change had taken place more than ten years before the notice and so was immune to enforcement proceedings. An earlier decision appeared to establish use at that time. Held: An issue estoppel was claimed for which there are four requirements: a formal decision on the issue, an issue between the parties to the decision, it must have been a final decision, and of the sort in which an issue estoppel can arise. Those conditions were met. The inspector had failed to recognise that his findings were limited by an issue estoppel, and the matter must be remitted..
1 Cites
[ Bailii ]
ICP Developments Limited v Secretary of State for Environment Salisbury District Council [1997] EWHC Admin 278
17 Mar 1997
Admn
Planning
[ Bailii ]
Simms v Secretary of State for Environment, Broxtowe Borough Council [1997] EWHC Admin 288
18 Mar 1997
Admn
Planning
The applicants appealed an enforcement notice, with regard to a change of use, to use land for a multiplicity of businesses. The inspector had suggested he would correct by amendment an error in the notice. The section provided that an amendment could be made unless it caused injustice. The applicant argued that an amendment could not go to the heart of the notice. This was a misinterpretation of the earlier case law and was not justified by the statute.
Town and Country Planning Act 1990 176
1 Cites
[ Bailii ]
Tewkesbury Borough Council v The Secretary of State For The Environment, Messrs J Evans And E Price HC Admin 293
19 Mar 1997
Admn
Malcom Spence QC
Planning
The site, within the green belt, already had several permissions, including ones for residential development. The authority appealed the grant of permission for new dwellings. The inspector had held that the effect of the development would be negligible relative to the gain, and the permission should granted subject to conditions. The authority alleged he had wrongly limited his view of the harm to inappropriateness. This incorrectly described the inspector's decision, and he had not come to a decision which was so far from reasonable as to be capable of being set aside. The appeal was dismissed.
Town and Country Planning Act 1990
[ Bailii ]
Cresswell and Cresswell v Pearson Times, 08 April 1997; [1997] EWHC Admin 299; [1997] JPL 860
20 Mar 1997
Admn
Planning, Magistrates
The grant of a temporary planning permission for a use that has previously been the subject of an enforcement notice has the effect of discharging the enforcement notice for all time, in so far as it relates to that use, rather than merely for the period for which the temporary planning permission is in force.
Magistrates Court Act 1980 111 - Town and Country Planning Act 1990 180(1)
1 Citers
Nichols v The Secretary Of State For The Environment, Basildon District Council [1997] EWHC Admin 304
21 Mar 1997
Admn
Malcom Spence QC
Planning
The applicants were gypsies. They located a mobile home on land within the green belt, but did not obtain planning permission. They attacked the decision report saying it had failed to follow the guidance as to the need for sites for gypsies, and had failed to take account of the personal circumstances of the applicants. The inspector had not quantified the need for gypsy sites, but had considered that aspect, and the personal circumstances. The decision stood.
Town and Country Planning Act 1990 73A - Circular 1/94
Dido Berkeley v Secretary of State for Environment [1997] EWHC Admin 328
26 Mar 1997
Admn
Planning
1 Citers
[ Bailii ]
Fulford v Secretary of State for Environment Richlone Limited London Borough of Camden [1997] EWHC Admin 329
26 Mar 1997
Admn
Planning
Ayres v Secretary of State for Environment South Gloucestershire Council [1997] EWHC Admin 327
26 Mar 1997
Admn
Planning
[ Bailii ]
Sussex Investments v Secretary of State for Environment and Spelthorne Borough Council [1997] EWCA Civ 1408
15 Apr 1997
CA
Planning
Applicatiion for leave to appeal - granted
1 Cites
1 Citers
[ Bailii ]
Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon [1997] EWHC Admin 393; [1998] Env LR 111
18 Apr 1997
Admn
Sedley J
Judicial Review, Local Government, Planning
1 Cites
1 Citers
[ Bailii ]
Oxton Farms, Samuel Smith Old Brewery (Tadcaster) v Selby District Council, Persimmon Homes (Yorkshire) Limited; CA 18-Apr-1997 - [1997] EWCA Civ 1440; [1997] EWCA Civ 4004
Barratt Manchester Limited v Bolton Metropolitan Borough Council and Hm Attorney General [1997] EWCA Civ 1442
18 Apr 1997
CA
Planning, Litigation Practice
Transcript of directions hearing.
[ Bailii ]
Regina v Cotswold District Council and others ex parte Barrington Parish Council [1997] EWHC Admin 407; [1997] 75 P&CR 515
24 Apr 1997
Admn
Planning, Judicial review
The parish council sought judicial review of the district council's planning decision. The respondents complained at the lack of promptness in the application, and suggested a lack of standing to complain.
1 Cites
1 Citers
[ Bailii ]
Regina v Caerphilly County Borough Council ex parte Vega [1997] EWCA Civ 1536
25 Apr 1997
CA
Planning
[ Bailii ]
Timothy Foyle v Secretary of State for Environment, Basildon District Council [1997] EWHC Admin 424
29 Apr 1997
Admn
Planning
Application to quash decision letter re enforcement.
[ Bailii ]
Regina v Warwickshire County Council ex parte Powergen Plc [1997] EWCA Civ 1568
30 Apr 1997
CA
Hobhouse LJ, Schiemann LJ
Planning
Application for leave to appeal - interaction of planning system and section 278.
Highways Act 1980 278
1 Cites
1 Citers
[ Bailii ]
International Wind Development UK and Secretary of State for Environment Copeland Borough Council [1997] EWHC Admin 432
1 May 1997
Admn
Planning
[ Bailii ]
David John Withers v Secretary of State for Environment and North Somerset District Council [1997] EWHC Admin 436
2 May 1997
Admn
Planning
[ Bailii ]
Simon Fairlie v Secretary of State for Environment and South Somerset District Council [1997] EWCA Civ 1677
12 May 1997
CA
Planning
[ Bailii ]
Regina v Teesside Development Corporation ex parte William Morrison Supermarkets Plc and ex parte Redcar and Cleveland Borough Council [1998] JPL 23; [1997] EWHC Admin 481
16 May 1997
Admn
Sedley J
Local Government, Planning
To refuse an out-of-centre planning consent on the ground that an admittedly smaller site is available within the town centre may be to take an entirely inappropriate business decision on behalf of the developer.
1 Citers
[ Bailii ]
W H Tolley and Son v Secretary of State of Environment and Torridge District Council [1997] EWHC Admin 489
20 May 1997
Admn
Bartlett QC J
Planning
Appeal against inspector's rejection of application for planning permission for a storage building and fitter's workshop.
Regina v Wicks; HL 21-May-1997 - Times, 26 May 1997; Gazette, 17 September 1997; [1997] UKHL 21; [1998] AC 92; [1997] 2 All ER 801; [1997] 2 WLR 876
Regina v Ceredigion County Council ex parte McKeown [1997] EWHC Admin 526; [1998] 2 PLR 1; [1997] COD 463
6 Jun 1997
Admn
Laws J
Planning, Judicial Review
The claimant sought judicial review of the grant of planning permission for a wind farm. Laws J said that it was nearly impossible to conceive of a case in which leave to move for judicial review would be granted to attack a planning permission when the application was lodged more than six weeks after the planning permission had been granted.
1 Citers
Land at 34 Manor Road, Pawlett, Bridgewater, Arlidge v Secretary of State for Environment and Sedgemoor District Council [1997] EWCA Civ 1818
9 Jun 1997
CA
Planning
Town and Country Planning Act 1990 288
1 Cites
[ Bailii ]
Crawley Borough Council v Hickmet Limited Nevvar Hickmet Mark Smith (Trading As Cts Holdings) [1997] EWCA Civ 1820
10 Jun 1997
CA
Planning
[ Bailii ]
PF Ahern (London) Limited and Secretary of State for Environment and Havering Borough Council [1997] EWHC Admin 545
10 Jun 1997
Admn
Planning
[ Bailii ]
Fletcher Estates (Harlescott) Ltd and Executors of J V Longmore v Secretary of State for Environment and Secretary of State for Transport Times, 11 July 1997; [1997] EWHC Admin 538
10 Jun 1997
Admn
Dyson J
Planning, Land
The date of the acquiring proposal is the date to consider as to planning aspects on deciding whether to quash a certificate of appropriate development.
Land Compensation Act 1961 22(2)
1 Citers
[ Bailii ]
Regina v Secretary of State for the Environmente and Sevenoaks District Council ex parte Panvert and Hills [1997] EWHC Admin 554
12 Jun 1997
Admn
Planning
[ Bailii ]
Surrey County Council v Verrechia and Another [1997] EWCA Civ 1857
12 Jun 1997
CA
Planning
[ Bailii ]
Newport County Borough Council v Secretary of State for Wales and Browning Ferris Environmental Services Ltd [1997] EWCA Civ 1894
18 Jun 1997
CA
Planning
1 Cites
[ Bailii ]
Andrew Warren, Felstead Parish Council; Takeley Parish Council; Birchanger Parish Council and Little Dunmow Parish Council v Uttlesford District Council [1997] EWCA Civ 1900
19 Jun 1997
CA
Planning
[ Bailii ]
Regina v Newbury District Council and Newbury and District Agricultural Society ex parte Chieveley Parish Council; Admn 23-Jun-1997 - Times, 22 July 1997; [1997] EWHC Admin 585
Regina v East Hertfordshire District Council ex parte Michael David Beckman [1997] EWHC Admin 597
26 Jun 1997
Admn
Lightman J
Planning
[ Bailii ]
Ralls v Secretary of State for Environment and South Somerset District Council [1997] EWCA Civ 1985
27 Jun 1997
CA
Planning
Challenge to enforcement notice.
[ Bailii ]
William Cook Estates Limited and Northern Land Management Limited v Secretary of State for Environment, Redcar and Cleveland Borough Council and Somerfield Stores Limited; Admn 30-Jun-1997 - [1997] EWHC Admin 608
Land To Rear of St Helena 50 Whetsted Road, Five Oak Green, Nr Tonbridge, Kent William Alfred Titterrell v Tunbridge Wells Borough Council [1997] EWCA Civ 2116
16 Jul 1997
CA
Planning
[ Bailii ]
Leslie Norman Parlett v Kerrier District Council [1997] EWHC Admin 707
23 Jul 1997
Admn
Scott Baker J
Planning
Appeal by case stated against finding of breach of Building regulations.
[ Bailii ]
South Hams District Council v Secretary of State for Environment; Wheeler and Wheeler [1997] EWHC Admin 722
28 Jul 1997
Admn
Planning
[ Bailii ]
Regina v Essex County Council ex parte Tarmac Roadstone Holdings Limited [1997] EWHC Admin 726
29 Jul 1997
Admn
Laws J
Planning
[ Bailii ]
Regina v Chung Tak Lam Mary Lam Patricia Lam Christopher John Lam and Peter Brennan (T/a 'Namesakes of Torbay') and Borough of Torbay [1997] EWCA Civ 2247; [1997] PIQR P488
30 Jul 1997
CA
Potter, Brooke LJJ
Nuisance, Personal Injury, Planning, Local Government
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.
Town and Country Planning Act 1990 29 - Environmental Protection Act 1990 Part III - Public Health Act 1936 91
1 Cites
1 Citers
[ Bailii ]
MJT Securities Limited v Secretary of State for Environment [1997] EWCA Civ 2243
30 Jul 1997
CA
Planning
1 Cites
[ Bailii ]
Regina v Warwickshire County Council ex parte Powergen Plc; CA 31-Jul-1997 - [1997] EWCA Civ 2280; (1997) 96 LGR 617
Regina and North Lincolnshire Council ex parte Horticultural and Garden Products Sales (Humberside) Limited; Admn 31-Jul-1997 - [1997] EWHC Admin 751; (1997) 76 P & CR 363
Deeley v Secretary of State for Environment Nuneaton and Bedsworth Borough Council [1997] EWHC Admin 761
1 Aug 1997
Admn
Planning
[ Bailii ]
Powys County Council v Hew Logan Kennedy [1997] EWHC Admin 763
1 Aug 1997
Admn
Planning
Injunction to prevent disposal of carillon clock from grade 2 listed building.
[ Bailii ]
M J James and R J Davies v Secretary of State for Wales City and County of Swansea [1997] EWHC Admin 762
1 Aug 1997
Admn
Planning
[ Bailii ]
Corbett v Restormel Borough Council and Land and Property Limited; CA 8-Aug-1997 - [1997] EWCA Civ 330
Nicholson v The Secretary Of State For The Environment and Maldon District Council HC Admin 775
14 Aug 1997
Admn
Planning
The appellant appealed a refusal of a lawful development certificate for non-compliance with an agricultural occupancy condition. It had been originally required to be used for occupation by an agricultural worker, but was occupied in breach of that condition for several years. The breach had ceased by the time the certificate was applied for. At the time the occupation had ceased, the property would still have been subject to enforcement proceedings. Held: the circumstance constituting the breach must be in effect at the date of the application. This appeal failed. The applicant had failed to show that the value of the original condition applied.
Town and Country Planning Act 1990 288 - Planning and Compensation Act 1991 191
[ Bailii ]
Regina v Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others Times, 19 August 1997; [1997] EWCA Civ 2262; [1998] JPL 49; (1998) 76 P & CR 207; [1997] 3 PLR 55
19 Aug 1997
CA
Planning, Local Government
A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused.
Town and Country Planning Act 1970 78
1 Cites
1 Citers
[ Bailii ]
Drexfine Holdings Limited and Cherwell District Council [1997] EWHC Admin 791
29 Aug 1997
Admn
Planning
[ Bailii ]
London Borough of Wandsworth v Mills and Allen Ltd and Another; Admn 5-Sep-1997 - [1997] EWHC Admin 800
David John Withers v The Secretary of State for The Environment, The North Somerset District Council HC Admin 803
9 Sep 1997
Admn
Planning
The appellants appealed a refusal of an inspector to set aside an enforcement notice with regard to the alteration of use of an outbuilding to a residence. He asserted that no enforcement action having been taken for four years, the enforcement could not proceed. There had been use over a longer period, but there had been a break. In fact, the Inspector had, too gently, expressed his disbelief of the appellant's evidence. There was no use for the period asserted and the appeal failed.
Town and Country Planning Act 1990 174(2), 171B(2)
[ Bailii ]
Simms v The Secretary Of State For The Environment and Broxtowe Borough Council [1997] EWHC Admin 805
10 Sep 1997
Admn
Planning
[ Bailii ]
F H Gilman And Company v The Secretary Of State For Wales, The Pemrbokeshire County Council HC Admin 807
15 Sep 1997
Admn
Planning
[ Bailii ]
Geall v Secretary of State for Environment and Lewes District Council [1997] EWHC Admin 812
17 Sep 1997
Admn
Planning
[ Bailii ]
Ayres v Secretary of State for Environment and Mendip District Council [1997] EWCA Civ 2391
2 Oct 1997
CA
Planning
[ Bailii ]
Regina v Secretary of State for Environment ex parte Gloucester City Council [1997] EWHC Admin 837
6 Oct 1997
Admn
Planning
[ Bailii ]
Shepherd and Shepherd v The Secretary of State For The Environment, Three Rivers District Council; CA 10-Oct-1997 - [1997] EWCA Civ 2457
Regina v Maldon District Council and Tesco Stores Ltd ex parte Ashok Pattani [1997] EWHC Admin 887
16 Oct 1997
Admn
Planning
Town and Country Planning (Use Classes) Order 1987 (1987 No 764)
1 Cites
1 Citers
[ Bailii ]
Regina v Maldon District Council and Tesco Stores Ltd ex parte Ashok Pattani Times, 07 November 1997; [1997] EWCA Civ 2505
16 Oct 1997
CA
Planning
The supply of pharmaceuticals comes within the retail sales permission under Part A of the Use Classes Order.
Town and Country Planning (Use Classes) Order 1987 (1987 No 764)
1 Cites
1 Citers
[ Bailii ]
Regina v Arun District Council ex parte Marie-Yvonne Fowler [1997] EWHC Admin 896
20 Oct 1997
Admn
Planning
A house was built subject to a condition that it be inhabited by an agricultural worker. It had not been so occupied for several years. It was claimed that the condition had lapsed.
[ Bailii ]
Regina v Chiltern District Council ex parte Dyason [1997] EWHC Admin 926
27 Oct 1997
Admn
Planning
[ Bailii ]
London Borough of Barnet v Secretary of State for Environment v Patel [1997] EWHC Admin 932
28 Oct 1997
Admn
Planning
[ Bailii ]
Regina v Leominster District Council ex parte Pothecary; CA 28-Oct-1997 - Gazette, 26 November 1997; Times, 18 November 1997; [1997] EWCA Civ 2585; [1998] JPL 335; [1997] 76 P&CR 346
Sevenoaks District Council v Secretary of State for Environment v J Clarke [1997] EWHC Admin 940
29 Oct 1997
Admn
Planning
[ Bailii ]
Regina v Newbury District Council ex parte Blackwell; Admn 29-Oct-1997 - [1997] EWHC Admin 936; [1998] JPL 680
City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals); HL 31-Oct-1997 - Gazette, 05 November 1997; Times, 31 October 1997; [1997] UKHL 38; [1997] 1 WLR 1447; [1998] 1 All ER 174; 1998 SC (HL) 33
Gwynedd Council v Secretary of State for Wales and Dowson [1997] EWHC Admin 954
31 Oct 1997
Admn
Moriarty QC J
Planning
1 Cites
[ Bailii ]
Hollis v Secretary of State for Environment and Runnymede Borough Council [1997] EWHC Admin 956
31 Oct 1997
Admn
Planning
Town and Country Planning Act 1990
[ Bailii ]
John Clifford Eatson, Pamela Eatson v Secretary of State for Environment, South Bedfordshire District Council [1997] EWHC Admin 966
3 Nov 1997
Admn
Planning
[ Bailii ]
A Moran v Secretary of State for Environment; Vale of White Horse District Council [1997] EWHC Admin 968
4 Nov 1997
Admn
Planning
[ Bailii ]
West Midlands Probation Committee v Secretary of State for Environment and Walsall Metropolitan Borough Council Times, 01 December 1997; [1997] EWCA Civ 2682
7 Nov 1997
CA
Planning
Fears of local residents about application for bail hostel were relevant when deciding planning application; impact on neighbours.
1 Cites
[ Bailii ]
Collier-Salt v Secretary of State for Wales and Caerphilly Borough Council [1997] EWHC Admin 999
11 Nov 1997
Admn
Planning
[ Bailii ]
Postermobile plc v London Borough of Brent [1997] EWHC Admin 1002; Times, 08 December 1997
11 Nov 1997
Admn
Schiemann LJ, Moses J
Planning, Criminal Practice
At a meeting with Council Officers, the Appellants were told that they did not need consent for advertisements under the advertisements regulations. In reliance on that advice advertisements were erected and the Council then prosecuted the Appellants for not obtaining the necessary consent. The defendants appealed a refusal of a stay for abuse of process. Held:
[ Bailii ]
Secretary of State for Transport and Secretary of State for Wales v Railtrack Plc [1997] EWHC Admin 1003
11 Nov 1997
Admn
Planning
[ Bailii ]
London Borough of Havering v Network Sites Limited Times, 02 January 1998; [1997] EWHC Admin 1015
14 Nov 1997
Admn
Planning
A 'shop window' for planning purposes means a window in a shop through which the shop or the wares of the shop can be seen.
Town and Country Planning Act 1990 224(3)
[ Bailii ]
Western Aggregates v Hereford and Worcester County Council [1997] EWHC Admin 1060
28 Nov 1997
Admn
Planning
1 Cites
[ Bailii ]
Tarmac Topblock Limited v Secretary of State for Environment, New Forest District Council [1997] EWHC Admin 1059
28 Nov 1997
Admn
Planning
[ Bailii ]
Buckley and Smith v Secretary of State for Environment and South Cambridgeshire District Council; CA 28-Nov-1997 - [1997] EWCA Civ 2858
Regina v Tanbridge District Council ex parte Al-Fayed [1997] EWHC Admin 1071
1 Dec 1997
Admn
Planning
[ Bailii ]
Secretary of State for Environment v Redland Aggregates Limited and Norwich City Council [1997] EWHC Admin 1077
2 Dec 1997
Admn
Planning
[ Bailii ]
Warnes and Overy Limited and Secretary of State for Environment Waveney District Council [1997] EWHC Admin 1096
4 Dec 1997
Admn
Planning
1 Citers
[ Bailii ]
Postermobile Plc v Brent London Borough Council Times, 08 December 1997
8 Dec 1997
QBD
Criminal Practice, Planning
Prosecution for planning breaches after re-assurance that consent not required was an abuse of process.
John Derek Williams, Christine Margaret Williams v Secretary of State for Environment, Bromley London Borough Council [1997] EWHC Admin 1108
9 Dec 1997
Admn
Planning
[ Bailii ]
Jackson Projects Limited v Secretary of State for Environment v Ipswich Borough Council [1997] EWHC Admin 1107
9 Dec 1997
Admn
Mr Nigel Macleod QC
Planning
Application was made for a change of use for premises to Class B1 purposes. The draft local plan sought residential use of the premises. A lawful development certificate existed for Class B8 purposes. The applicant submitted at the Inquiry that, in the light of the Class B8 certificate, there was no prospect of residential development occurring. Held: The appeal was dismissed. The main ground of challenge was that the Inspector had failed to apply the reasonable probability test to the residential use. The court reviewed the authorities and concluded:- "In the light of all these authorities I am satisfied that the British Waterways Board test should have been applied, and the Inspector should have asked himself whether, on the balance of probabilities, the premises would have been effectively applied to residential use if permission for B1 use was refused". The Secretary of State accepted that the BWB test applied to "future use" cases.
1 Cites
[ Bailii ]
Francis Morland v Secretary of State for Environment , Transport and Regions, Somerset County Council [1997] EWHC Admin 1109
10 Dec 1997
Admn
Planning
[ Bailii ]
Regina v Bassetlaw District Council, Ex parte Oxby; CA 11-Dec-1997 - [1997] EWCA Civ 2960; [1998] PLCR 283
Mayor and Burgesses of London Borough of Hammersmith and Fulham v Secretary of State for Environment v Burlington Five Limited [1997] EWHC Admin 1135
15 Dec 1997
Admn
Planning
[ Bailii ]
Killoran v Wokingham District Council [1997] EWCA Civ 2989; [1997] EWCA Civ 2989
15 Dec 1997
CA
Lord Justice Beldam Lord Justice Peter Gibson Lord Justice Schiemann
Planning, Torts - Other, Local Government
The appellant appealed refusal of permission for change of use. He had a farm which also had permission for alteration to a dwelling. He wanted to open an equestrian centre. The planning committee originally granted the request, but one member later sought to reverse the decision, and achieved it. The applicant's claim for misfeasance in public office by the defendant Council was struck out as disclosing no reasonable cause of action. Held: The claimant had failed properly to plead his claim despite having several opportunities. He had not shown express or other malice
[ Bailii ]
In the Matter of Land at Kettleshill Oast, Underriver, Seal, Kent John Francis Panvert v Secretary of State for Environment and Sevenoaks District Council [1997] EWCA Civ 3022
17 Dec 1997
CA
Planning
Town and Country Planning Act 1990 288
[ Bailii ]
Regina v Bassetlaw District Councl Ex Parte Oxley Times, 18 December 1997
18 Dec 1997
CA
Planning
Local Authority may challenge own grant of permission by application for judicial review where application tainted to avoid compensation.
Town and Country Planning Act 1990 97
Sussex Investments Limited v Secretary of State for Environment Spelthorne Borough Council Times, 29 December 1997; [1997] EWCA Civ 3049
18 Dec 1997
CA
Planning
Whether a floating house is a houseboat is not just a question of having a boat-like shape, but is a question of fact and degree.
1 Cites
[ Bailii ]
Regina v East Dorset District Council ex parte David Neville De Mattos [1997] EWHC Admin 1171
19 Dec 1997
Admn
Planning
[ Bailii ]
Buckinghamshire County Council v Secretary of State for Environment, J Brown [1997] EWHC Admin 1168
19 Dec 1997
Admn
Planning
[ Bailii ]
Regina v Elmbridge Borough Council Ex Parte Activeoffice Ltd Times, 29 December 1997; Gazette, 08 January 1998
29 Dec 1997
QBD
Planning
The lawfulness of a planning authority's decision to institute a criminal prosecution is to be assessed in the light of whether the decision was unreasonable.