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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: 1999 To: 1999

This page lists 120 cases, and was prepared on 02 April 2018.

 
Thames Water Utilities Limited v Oxford City Council and Oxford United Football Club Limited [1999] EGLR 167
1999
CA

Planning

1 Cites


 
Millington v Secretary of State for the Environment (1999) 1 PLR 36
1999
QBD
Judge Rich QC
Planning, Agriculture
The court commented on provisions in a circular as to the correctness of imposing planning conditions where it was thought that they might not be fulfilled: "I think that that footnote is mistaken. Certainly the case leaves it open to the Secretary of State to refuse to impose such a condition if there are reasons other than the unlikelihood of implementation. But the unlikelihood of implementation is not by itself a sufficient reason to refuse, and allowing it to be policy cannot make it so."
1 Citers


 
Regina v The Secretary of State for the Environment Transport and Regions ex parte Bath and North East Somerset District Council [1999] EWHC Admin 8
6 Jan 1999
Admn

Planning

[ Bailii ]
 
London Borough of Bromley v Secretary of State for Environment, Transport and Regions and Colin Tee and Carol Tee [1999] EWHC Admin 6
6 Jan 1999
Admn

Planning

[ Bailii ]
 
Chiltern District Council v Linden Prescott Dyason [1999] EWCA Civ 539
12 Jan 1999
CA

Planning

[ Bailii ]
 
Regina v Bridgnorth District Council ex parte Prime Time Promotions Limited [1999] EWHC Admin 18
13 Jan 1999
Admn

Planning

[ Bailii ]
 
Regina v Leicester City Council and Wm Morrison Supermarkets Plc and Powergen UK Plc ex parte Safeway Stores [1999] EWHC Admin 37
18 Jan 1999
Admn

Planning

[ Bailii ]
 
Antoniades; Antoniades and Antoniades v Secretary of State for Environment Transport and Regions and London Borough of Barnet [1999] EWHC Admin 55
25 Jan 1999
Admn

Planning

[ Bailii ]
 
Hickman v Secretary of State for Environment and South Buckinghamshire District Council [1999] EWHC Admin 54
25 Jan 1999
Admn

Planning

[ Bailii ]
 
Greenwood and others v Secretary of State for Environment, Transport and Regions and Wychavon District Council [1999] EWHC Admin 62
27 Jan 1999
Admn

Planning

[ Bailii ]
 
Regina v Tandridge District Council, ex parte Al-Fayed Times, 28 January 1999; Gazette, 03 March 1999; Gazette, 27 January 1999; [1999] EWHC Admin 31
27 Jan 1999
QBD

Planning
A local authority should give great weight to authoritative scientific advice given by statutory bodies such as the Health and Safety Executive and National Radiological Protection Board as to the safety of proposed developments.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for the Environment Transport and Regions, Ex P Bath and North East Somerset District Council Times, 28 January 1999; Gazette, 24 February 1999
28 Jan 1999
QBD

Planning
Where an application for listed buildings consent had been refused on the basis that the application was invalid, on an appeal the Secretary of State had the power also to judge on the validity issue.
Town and Country Planning (General Development Procedure) Order 1995 (1995 No 419)

 
Regina v Family Health Services Appeal Authority ex parte Safeway Stores Plc [1999] EWHC Admin 77
29 Jan 1999
Admn
Collins J
Planning, Health Professions
Application for leave to seek judicial review of decision to grant pharmacy licence.
[ Bailii ]
 
Tandridge District Council v Michael Delaney Patrick Connors Michael Connors [1999] EWHC Admin 80
29 Jan 1999
Admn

Planning

[ Bailii ]
 
Patrick Delaney Ann Marie Delaney Emma Susanne Delaney Margaret Ann Brien v Secretary of State for Environment London Borough of Bromley [1999] EWHC Admin 76
29 Jan 1999
Admn

Planning

[ Bailii ]
 
Tandridge District Council v Michael Delaney Patrick Connors Michael Connors [1999] EWHC Admin 79
29 Jan 1999
Admn

Planning

[ Bailii ]
 
Regina v Camden Borough Council ex parte Castle Timber Limited [1999] EWHC Admin 113
8 Feb 1999
Admn

Planning

[ Bailii ]
 
Peel Investments (North) Ltd v Council of Metropolitan Borough of Bury [1999] EWCA Civ 738
8 Feb 1999
CA

Planning

1 Cites

[ Bailii ]
 
Geall v Secretary of State for the Environment Transport and the Regions Gazette, 10 February 1999
10 Feb 1999
CA

Planning
An applicant for planning permission completed his building before the application was determined, but an enforcement notice was served. The application was incomplete and served only as a request, and the applicant had to pay the fee for the appeal.

 
Regina v Wrexham Borough Council ex parte Kathleen Christine Wall; Florence Berry; Ann Purcell; Thomas Berry and Ann Marie Whitehouse (No 2) [1999] EWHC Admin 131
12 Feb 1999
Admn

Planning

[ Bailii ]
 
Regina v Secretary of State for Environment Transport and Regions ex parte Borough of Kirklees [1999] EWHC Admin 133
12 Feb 1999
Admn

Planning

[ Bailii ]

 
 Regina v North Yorkshire County Council, ex parte Brown and Another; HL 12-Feb-1999 - Gazette, 03 June 1999; Times, 12 February 1999; [1999] UKHL 7; [1999] 2 WLR 452; [2000] 1 AC 397; [1999] 1 PLR 116; [1999] 1 All ER 969
 
Regina v Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston [1999] EWCA Civ 792
15 Feb 1999
CA

Planning, Environment

1 Citers

[ Bailii ]
 
Bedford Borough Council v Secretary of State for Environment, Transport and Regions and CA Folkes AA Folkes EG Mason J Allen [1999] EWHC Admin 143
16 Feb 1999
Admn

Planning

[ Bailii ]
 
Regina v London Borough of Hammersmith and Fulham ex parte Abrams [1999] EWCA Civ 796
16 Feb 1999
CA

Planning

[ Bailii ]

 
 Regina v Preston Crown Court ex parte Jolly; Admn 22-Feb-1999 - [1999] EWHC Admin 164
 
Bedford Borough Council v Secretary of State for the Environment, Transport and the Regions et Al Gazette, 24 February 1999
24 Feb 1999
QBD

Planning
Where the inspector allowed an appeal against refusal of permission, finding exceptions to the structure plan, the Local Authority appealed. Held: The appeal was refused as the inspector had given proper weight to the statutory considerations and was entitled to his conclusion.
Town and Country Planning Act 1990 54A

 
Nottinghamshire County Council; Broxtowe Borough Council v Secretary of State for Environment, Transport and Regions and RJB Mining (Uk) Ltd [1999] EWHC Admin 188
3 Mar 1999
Admn

Planning
Bridleway diversion.
[ Bailii ]
 
Bridle v Secretary of State for Environment and Chelmsford District Council [1999] EWHC Admin 190
3 Mar 1999
Admn

Planning

1 Citers

[ Bailii ]
 
Safeway Stores plc v Secretary of State for the Environment Transport and the Regions and Others Gazette, 03 March 1999
3 Mar 1999
QBD

Planning
An inspector granting permission for an out of town development despite the effect on the town centre had not failed to have proper regard to PPG 6. A change in the wording dropping the requirement for an assessment of the affect on the town 'as a whole' was not a significant policy change.

 
Wards Construction (Medway) Ltd v Kent County Council Times, 03 March 1999
3 Mar 1999
CA

Planning
A highway authority acquiring land by compulsory purchase for a project had a right to require a contribution from the developer not just for the building costs but also for the cost of acquiring the land necessary. Statute interpreted widely.
Highways Act 1980 278(2)

 
Regina v Huntingdonshire District Council ex parte Carter Commercial Developments Ltd [1999] EWHC Admin 199
4 Mar 1999
Admn

Planning

[ Bailii ]

 
 Regina v Secretary of State for Environment ex parte Webster; Admn 8-Mar-1999 - [1999] EWHC Admin 214; [1999] EWHC Admin 213; [1999] JPL 1113
 
Lothian Borders and Angus Co-Operative Society Ltd v Scottish Borders Council Times, 10 March 1999
10 Mar 1999
OHCS

Planning
An allegation attacking a planning decision on the basis that the local authority acted through bias because it received a benefit from the decision was ill-founded where it could be shown that the decision made available substantial needed benefit.

 
Gardline Shipping Limited v Secretary of State for Environment for Transport and Regions v Waveney District Council [1999] EWHC Admin 218
10 Mar 1999
Admn

Planning

Planning (Listed Buildings and Conservation Areas) Act 1990 63
[ Bailii ]

 
 Bloomfield v Secretary of State for Environment, Transport and Regions v Epping Forest District Council; Admn 10-Mar-1999 - [1999] EWHC Admin 217

 
 Jarmain v Secretary of State for Environment, Transport and Regions Welwyn Hatfield District Council; QBD 12-Mar-1999 - Gazette, 14 April 1999; Times, 13 April 1999; Gazette, 24 March 1999; [1999] EWHC Admin 225
 
Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council [1999] EWCA Civ 975; (2000) 79 P and CR 214
15 Mar 1999
CA
Nourse LJ, Buxton LJ, Sedley LJ
Planning

1 Cites

1 Citers


 
Samuel v Secretary of State for Environment and South Gloucestershire District Council (Formerly Northavon District Council) [1999] EWCA Civ 996
16 Mar 1999
CA

Planning

[ Bailii ]
 
Davenport v London Borough of Hammersmith and Fulham Times, 26 April 1999; [1999] EWHC Admin 248
22 Mar 1999
Admn

Planning
A planning condition, relating to matters on adjoining land outside the ambit of the land the subject of the permission, was valid, provided the condition was capable of fulfilment by the applicant, despite not being the land owner.
[ Bailii ]

 
 Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council; Admn 22-Mar-1999 - Times, 25 May 1999; Gazette, 31 March 1999; [1999] EWHC Admin 250

 
 Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council; Admn 22-Mar-1999 - Times, 25 May 1999; Gazette, 31 March 1999; [1999] EWHC Admin 250
 
Alliance Against Birmingham Northern Relief Road Charles Bradshaw Smith Jack Stuart Barbara Langford Alan Vaughton Malcolm Dunn Lilly Jones v Secretary of State for Environment, Transport and Regions Midland Expressway Limited [1999] EWCA Civ 1058
23 Mar 1999
CA

Planning, Transport

[ Bailii ]
 
Tesco Stores Ltd v North Norfolk District Council Gazette, 24 March 1999
24 Mar 1999
CA

Planning
Work commenced before expiry of time required to commence work did not keep the planning permission alive where the applicant had failed to apply for approval of reserved matters which were a condition precedent to work commencing.


 
 Regina v Secretary of State for Culture, Media and Sport ex parte Save Britain's Heritage; Admn 30-Mar-1999 - [1999] EWHC Admin 279
 
Boyle v Secretary of State for Environment, Transport and Regions and North Hertfordshire District Council [1999] EWHC Admin 283
31 Mar 1999
Admn

Planning

[ Bailii ]
 
Regina v Bolsover District Council ex parte Paterson [1999] EWHC Admin 292
7 Apr 1999
Admn

Planning
Development to listed building when a second listed building in its grounds - need to give notice to owner of second building.
[ Bailii ]

 
 Regina v St Edmundsbury Borough Council (ex parte Walton); Admn 13-Apr-1999 - Times, 05 May 1999; [1999] JPL 805; [1999] EWHC Admin 298
 
Hughes v Secretary of State for Transport and Regions, South Holland District Council [1999] EWHC Admin 300
14 Apr 1999
Admn

Planning

[ Bailii ]
 
Regina v Wrexham County Council ex parte Williams [1999] EWHC Admin 316
16 Apr 1999
Admn

Planning

[ Bailii ]
 
Chartwell Land Development Limited v Secretary of State for Environment, Transport and Regions v London Borough of Hillingdon [1999] EWHC Admin 310
16 Apr 1999
Admn

Planning

[ Bailii ]
 
Truz v Horsham District Council [1999] EWCA Civ 1226
21 Apr 1999
CA

Planning

[ Bailii ]
 
Boyle v Secretary of State for the Environment Transport and the Regions and An Gazette, 21 April 1999
21 Apr 1999
QBD

Planning
The only legitimate expectation of a party awaiting determination of an application for permission was that current policies would be applied. An applicant awaiting a decision on permanent dwelling for agricultural land had no right to continue temporary home.
Town and Country Planning Act 1990 288

 
Regina v Caradon District Council ex parte Lovejoy [1999] EWHC Admin 355
26 Apr 1999
Admn

Planning

[ Bailii ]
 
Chartwell Land Development Ltd v Secretary of State for the Environment, Transport and the Regions and An Gazette, 28 April 1999
28 Apr 1999
QBD

Planning
After outline permission had been granted, certain matters were reserved, on detailed plans the inspector sought to impose an alteration. On appeal, it was held that the inspector had acted without expert evidence on the point and so wrongly.

 
Cheshire County Council v Hull and Another Gazette, 28 April 1999
28 Apr 1999
CA

Planning
Where an applicant had breached orders previous requiring compliance with planning conditions and waste management licences a mandatory order was appropriate, even though it involved great expense to the party.

 
Patrick Leonard Berridge and others v Doncaster Metropolitan Borough Council Gazette, 12 May 1999; [1999] EWHC Admin 375
29 Apr 1999
Admn

Planning
Alternative routes for a trans-pennine train route were in a draft Unitary Development Plan. At the draft deposit stage it was amended to affect the applicant's land, but he was not informed. Held: There was no need to notify in that way.
[ Bailii ]
 
F A Saunders v Secretary of State for Environment, Transport and Regions and West Oxfordshire District Council [1999] EWCA Civ 1335
5 May 1999
CA

Planning
Appeal against refusal to quash local plan.
[ Bailii ]
 
Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner Gazette, 19 May 1999; [1999] EWHC Admin 409; [2001] JPL 407; [2000] JPL 54; [2001] Env LR 22; [1999] 3 PLR 74
7 May 1999
Admn
Sullivan J
Planning, Administrative
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of the legislative framework and must be read fairly and as a whole.
1 Cites

1 Citers

[ Bailii ]
 
Regina v London Borough of Tower Hamlets and News International (a Firm) ex parte Gwendolen Tilly [1999] EWHC Admin 423
11 May 1999
Admn

Planning

[ Bailii ]

 
 Regina v Epping Forest District Council ex parte Philcox; Admn 18-May-1999 - [1999] EWHC Admin 450
 
Safeway Stores Plc v Secretary of State for Environment, Transport and Regions; Carter Commercial Developments Limited and Stockton-On-Tees Borough Council [1999] EWCA Civ 1469
24 May 1999
CA

Planning

1 Cites

[ Bailii ]

 
 Hearne v Secretary of State for Wales and Carmarthenshire County Council; Admn 25-May-1999 - [1999] EWHC Admin 494

 
 Charles Church Developments Limited v South Northamptonshire District Council and Secretary of State; Admn 26-May-1999 - [1999] EWHC Admin 500
 
Regina v Bath and North East Somerset District Council [1999] EWCA Civ 1493; [1999] 1 WLR 1759
26 May 1999
CA
Roch, Otton, Pill LJJ
Planning
The Court was asked whether the respondent has power to hear appeals sought to be made to him by an applicant under the planning act and the listed buildings act when the appellants, as local planning authority, have determined that the applications to them, which provide the basis for the right of appeal, are invalid.
[ Bailii ]
 
Eric David Cowen v Secretary of State for Environment Peak District National Park Authority Gazette, 09 June 1999; [1999] EWCA Civ 1484; [1999] 3 PLR 108
26 May 1999
CA

Planning
A land-owner laid a tarmac surface on a path within the National Park. This was held to be an improvement required for the right of way. The fact that works constituted an alteration did not avoid the protection given as an improvement.
Town and Country Planning (Permitted Development) Order 1995 No 418
1 Cites

1 Citers

[ Bailii ]
 
Britton Construction Limited v Tendring District Council [1999] EWHC Admin 509
28 May 1999
Admn

Planning
Application to quash local plan.
[ Bailii ]
 
John Francis Panvert v Secretary of State for Environment and Tonbridge and Malling Borough Council [1999] EWHC Admin 514
1 Jun 1999
Admn

Planning

[ Bailii ]
 
Regina v Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council Times, 03 June 1999; Gazette, 16 June 1999
3 Jun 1999
CA

Planning
A finding by the local planning authority that applications for listed buildings consent and planning permission were invalid, was not sufficient to exclude the right of the applicant to appeal to the Secretary of State against that finding of validity. This was in accordance with the broad purposes of the planning legislation despite apparently inconsistent particular provisions.
Planning (Listed Buildings and Conservation Areas) Act 1990 20 - Town and Country Planning Act 1990 78

 
Mendip District Council v Secretary of State for Environment, Transport and Regions; Sherred and Sherred [1999] EWHC Admin 517
3 Jun 1999
Admn

Planning

[ Bailii ]
 
Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions v and Harrow London Borough Council (No 2) Times, 20 October 1999; [1999] EWHC Admin 519
4 Jun 1999
Admn

Planning
A metal framed marquee erected on the same site each year and kept up until October, did not require planning permission. The decision that it did because it was a building was flawed. Insufficient attention had been given to whether there were any building operations which had taken place in connection with it.
Town and Country Planning Act 1990 55
[ Bailii ]
 
Ann Marie Delaney Emma Suzanne Delaney Margaret Ann Brien v Secretary of State for Environment and London Borough of Bromley [1999] EWCA Civ 1590
16 Jun 1999
CA

Planning

[ Bailii ]
 
Tandridge District Council v Verrechia Times, 16 June 1999; Gazette, 16 June 1999; [1999] 3 All ER 247
16 Jun 1999
CA

Planning
Where an enforcement notice did not include any required steps, s173(11) does not apply, and an inspector has no power under s176(1) to amend the notice by adding steps to be taken where the issuing local authority could not itself have included it.
Town and Country Planning Act 1990 173(11), 176(1)

 
Bloomfield v Secretary of State for Environment [1999] EWCA Civ 1593
16 Jun 1999
CA

Planning
Change of Use - 10 year limit.
[ Bailii ]
 
Hugh Macrae and Company (Builders) Ltd v A Decision of A Reporter Appointed By the Secretary of State for Scotland
18 Jun 1999
SCS
Lord Dawson
Scotland, Planning

Town and Country Planning Act 1997
[ ScotC ]
 
Hugh Macrae and Company (Builders) Ltd v a Decision of a Reporter Appointed By the Secretary of State for Scotland [1999] ScotCS 152
18 Jun 1999
SCS

Scotland, Planning

Town and Country Planning Act 1997
[ Bailii ]
 
Thames Water Utilities Limited v Oxford City Council and Oxford United Football Club Limited [1999] EWCA Civ 1648
22 Jun 1999
CA
Nourse LJ
Planning
Application for leave to appeal out of time. Granted.
1 Citers

[ Bailii ]
 
Alfred Mcalpine Homes (Yorkshire) Limited v Kirklees Metropolitan Council and Secretary of State for Environment, Transport and Regions [1999] EWHC Admin 586
23 Jun 1999
Admn

Planning
The claimant sought an interim declaration that the UDP was invalid insofar as it redesignated its land from housing to urban green space. Held: At an interim stage the balance of convenience lay with the respondent. Application refused.
[ Bailii ]
 
Regina v Secretary of State for Environment, Transport and Regions and Vale of White Horse District Council ex parte Bernard John Panton [1999] EWCA Civ 1658
23 Jun 1999
CA

Planning, Costs

[ Bailii ]
 
Regina v East Sussex County Council ex parte ARC Ltd and Ross and Simpson (Rye Harbour) Ltd Times, 13 October 1999; [1999] EWHC Admin 590
24 Jun 1999
Admn

Planning
A notice of decision of a mineral planning authority was deemed to be served when delivered or receipted, and not upon the date posted. Where the time limit for service of the notice expired between its being sent and received, that period had expired, and the notice invalidated.
Environment Act 1995
[ Bailii ]

 
 Regina v Royal Borough of Kensington and Chelsea ex parte Lawrie Plantation Services; HL 24-Jun-1999 - Times, 12 July 1999; [1999] 1 WLR 1415; [1999] 3 ALL ER 929; [1999] UKHL 32
 
Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council Gazette, 07 July 1999; Times, 29 June 1999; (2000) JPL 297; [1999] EWCA Civ 1682
25 Jun 1999
CA
Schiemann LJ
Planning, Agriculture
The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State's reaction to the judges comments at first instance on planning conditions: "The Secretary of State takes exception to those comments by the judge. We have not heard full argument on those points having indicated to the parties that we were not prepared to do so in the context of this appeal. The judge had in front of him argument in relation to what was a positive rather than a negative condition and so his comments in relation to negative conditions were not necessary for his decision. . . . We do not regard it as appropriate to lengthen our judgments by a consideration of a difficult question which has already troubled the House of Lords and the resolution of which was not necessary for the judge nor is it for us."
Town and Country Planning Act 1990 55(2)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Bristol City Council and Another,ex parte Anderson (LDH) Holdings Plc Gazette, 27 June 1999; Times, 05 July 1999
27 Jun 1999
CA

Planning
A condition on a permission which was widely stated, was not void for uncertainty as to its effect if it could be enforced. Conditions in the permission had to be properly related to planning issues, but a condition requiring support for intended student tenants was intended in part to prevent parking problems and was correct.

 
Regina v London Borough of Tower Hamlets ex parte Tilly [1999] EWHC Admin 621
1 Jul 1999
Admn

Planning

[ Bailii ]
 
Regina v Huntingdon District Council ex parte Carter Commercial Developments Limited Fivestone Limited Interested [1999] EWCA Civ 1770
5 Jul 1999
CA

Planning

[ Bailii ]
 
Tarmac Materials Ltd v Secretary of State for Environment [1999] EWHC Admin 644
6 Jul 1999
Admn
Jackson J
Planning

1 Cites

[ Bailii ]

 
 Regina v St Edmundsbury Borough Council, ex parte Davidson; QBD 7-Jul-1999 - Gazette, 07 July 1999; [1999] EWHC Admin 610
 
Tarmac Heavy Building Materials UK Ltd v Secretary of State for the Environment, Transport and the Regions Gazette, 14 July 1999; (1999) 79 P&CR 260
14 Jul 1999
QBD
Jackson J
Planning
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 activities. The court quashed a decision contained in an inspector's decision letter.
1 Citers


 
Michael Shanley Group Limited v Secretary of State for Environment, Transport and Regions and Windsor and Maidenhead Royal Borough Council [1999] EWCA Civ 1885
19 Jul 1999
CA

Planning

[ Bailii ]
 
Commission for New Towns v Horsham District Council [1999] EWCA Civ 1902
21 Jul 1999
CA

Planning

[ Bailii ]
 
Adur District Council v Secretary of State for Environment and Another [1999] EWCA Civ 1937
23 Jul 1999
CA

Planning

1 Cites

1 Citers

[ Bailii ]
 
RH Tomlinssons (Trowbridge) Limited v Secretary of State for Environment and Bath and North East Somerset Council [1999] EWCA Civ 1971
26 Jul 1999
CA

Planning

[ Bailii ]
 
London Borough of Croydon v Secretary of State for Environment v Lex Service Plc [1999] EWHC Admin 748
28 Jul 1999
Admn

Planning

[ Bailii ]
 
Regina v Durham County Council Sherburn Stone Company Limited ex parte Huddlestone [1999] EWHC Admin 745
28 Jul 1999
Admn

Planning, Judicial Review

1 Cites

1 Citers

[ Bailii ]
 
Regina v Durham County Council; Sherburn Stone Company Limited ex parte Huddlestone [1999] EWHC Admin 757
29 Jul 1999
Admn

Planning

1 Cites

1 Citers

[ Bailii ]
 
Regina v East Sussex County Council ex parte ARC Limited; Ross Douglas and Simpson (Rye Harbour) Limited [1999] EWHC Admin 758
29 Jul 1999
Admn

Planning

[ Bailii ]
 
Regina v Somerset County Council ex parte Morris and Perry (Gurney Slade Quarry) Limited [1999] EWHC Admin 766
29 Jul 1999
Admn
Maurice Kay J
Planning

[ Bailii ]
 
Regina v Oldham Metropolitan Borough Council and Pugmanor Properties Ltd ex parte Foster [1999] EWHC Admin 774
30 Jul 1999
Admn

Environment, Planning

Environment Act 1995 95
[ Bailii ]
 
Regina v East Sussex County Council (ex parte Reprotech (Pebsham) Limited) Times, 14 September 1999; [1999] EWHC Admin 769
30 Jul 1999
Admn

Planning
Where an application for an alteration in a planning permission would mean also that the original use for which permission had been granted would need alteration, a local authority was correct to treat the new use as if it had been a use ancillary to the original.
Town and Country Planning Act 1990 64
1 Citers

[ Bailii ]
 
Jelson Ltd v Derbyshire County Council [1999] 3 EGLR 91; (2000) JPL 203
1 Aug 1999


Land, Planning
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which Jelson was required to convey land at a price and on conditions contained in the schedules. As the relevant parts of the agreement did, but for the section, commit Jelson to convey the property, they were of no effect since they lacked the signature of the purchaser.
Law of Property (Miscellaneous Provisions) Act 1989 2 - Town and Country Planning Act 1990 106
1 Cites

1 Citers


 
Tandridge District Council v Michael Delaney; Patrick Connors and Michael Connors [1999] EWHC Admin 781
3 Aug 1999
Admn

Planning

[ Bailii ]

 
 Alnwick District Council v Secretary of State for Environment, Transport and Regions and others; Admn 4-Aug-1999 - [1999] EWHC Admin 782; (2000) 79 P&CR 130
 
Douglas John Merritt v Secretary of State for Environment, Transport and Regions and Mendip District Council [1999] EWHC Admin 783
5 Aug 1999
Admn
Purchas QC
Planning
The applicant appealed refusal of planning permission for residential development of a small plot of land. The said that the inspector had wrongly rejected the application of a Grampian condition on the basis that it would not be fulfilled and also in having considred the access arrangements unacceptable when these had been reserved. Held: The respondent had wrongly issued a policy firmly against Grampian conditions. The decision was to be quashed.
1 Cites

[ Bailii ]

 
 Regina v Durham County Council ex parte Rodney Huddleston; Admn 17-Aug-1999 - [1999] EWHC Admin 794

 
 Cala Homes (South) Limited v Chichester District Council; Admn 20-Aug-1999 - Times, 15 October 1999; Gazette, 02 September 1999; [1999] EWHC Admin 805
 
In Appeal Under Section 239 of the Town and Country Planning (Scotland) Act 1997 By Bass Taverns Limited Against A Decision of the Secretary of State
20 Aug 1999
SCS
Lord Kirkwood
Scotland, Planning

[ ScotC ]
 
Regina v Wrexham Borough Council ex parte Ann Gavin (Aka Ann Doran) [1999] EWHC Admin 817
26 Aug 1999
Admn

Planning
Application for leave to bring judicial review of decision to remove claimant from land.
[ Bailii ]
 
Faradene Ltd v Secretary of State for the Environment, Transport and the Regions and An Gazette, 02 September 1999
2 Sep 1999
QBD

Planning
Where a permission was sought extending an existing development, and a plan due to be finalised acknowledged that the site should continue with that use, it could not be said that the grant of a permission would prejudice the outcome of the public enquiry and it was wrong to delay the application until after the plan was so finalised.

 
Alnwick District Council v Secretary of State for the Environment, Transport and the Regions and Another Gazette, 08 September 1999
8 Sep 1999
QBD

Planning
Where a grant of permission had been reversed, leaving the planning authority liable to pay substantial compensation, such compensation could not be taken account of when reversing the permission. Financial consequences were only a material consideration when they related to the use and development of the land itself. In this case the compensation was not a material consideration.
Town and Country Planning Act 1990 70(2)

 
Fisher v Wychavon District Council [1999] EWCA Civ 2114; [1999] EWCA Civ 2115
10 Sep 1999
CA

Planning

[ Bailii ] - [ Bailii ]
 
A Fairhurst and Son v Secretary of State for the Environment, Transport and the Regions and Another Gazette, 13 October 1999
13 Oct 1999
QBD

Planning
A compulsory purchase order was sought for land which would, by being taken, seriously damage the operation of a business on nearby land. The Secretary of State granted the order on appeal. His order was upheld because he appeared to have applied the appropriate statutory tests, and carried out the correct balancing exercises.

 
Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England Gazette, 13 January 2000; CAT 26 October 1999
26 Oct 1999
QBD
Richards J
Environment, Planning, European
The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that an individual could not seek to enforce a directive once it had been properly enshrined in a member state's law. "…I accept that in exercising discretion with regard to costs … I should seek to give effect to the overriding objective and should have particular regard to the need, so far as practicable, to ensure that the parties are on an equal footing and that the case is dealt with in a way which is proportionate to the financial position of each party. Those aspects of the overriding objective seem to me to be embedded in any event in the principles laid down in ex p CPAG."
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)
1 Citers


 
Hearne v National Assembly for Wales and Another Times, 10 November 1999
10 Nov 1999
CA

Discrimination, Planning
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 status from time to time, and that this might lead to some logical inconsistency, but the statute was clear and no supporting guidance suggested otherwise.
Caravan Sites and Control of Development Act 1960
1 Cites

1 Citers


 
Regina v North Somerset District Council Ex Parte Cadbury Garden Centre Ltd Gazette, 10 November 1999
10 Nov 1999
QBD

Planning
A garden centre challenged a series of planning decisions relating to adjoining land which changed its use to that of a garden centre. The challenge was successful insofar as the authority had failed to acknowledge that their decision amounted to permission to a change of the main use of the site.
1 Citers



 
 Regina v Leicestershire City Council Ex parte Powergen Uk Plc; QBD 17-Nov-1999 - Gazette, 17 November 1999
 
Regina v Secretary of State for the Environment, Transport and the Regions and Another, ex parte Next Generation Ltd Gazette, 25 November 1999
25 Nov 1999
QBD

Planning
An inspector's decision against the grant of permission to build upon a school site properly followed the unitary development plan, and the effect which the development might have in reducing recreational facilities for local children was properly within the knowledge of the inspector. Such decisions were to be read as if by an intelligent and informed reader, and minor discrepancies in the wording were not to affect the decision.

 
R v Secretary of State for the Environment Transport and the Regions Gazette, 01 December 1999
1 Dec 1999
QBD

Planning
A chapel had land used for parking. The chapel and land were sold to the appellant who used the chapel for the sale of cars. The use of the parking land grew, and it was claimed that he had changed the use of the land. An ancillary use is one subordinate to or linked functionally to a primary use, but the loss of an existing ancillary use was a matter of fact and degree. The inspector had correctly concluded that the right had been lost.

 
Al Fayed, Regina (on The Application of) v Tandridge District Council and Another [1999] EWCA Civ 3054
15 Dec 1999
CA

Planning

[ Bailii ]
 
Ascot Wood Ltd v Secretary of State for Environment Transport and Another [1999] EWHC 834 (Admin); [2000] PLCR 265
17 Dec 1999
Admn

Planning

[ Bailii ]
 
R v Secretary of State for the Environment, Transport and the Regions and Another, Ex Parte Richmondhsire District Council Gazette, 17 December 1999
17 Dec 1999
QBD

Planning
An application for permission to extend a caravan site was granted despite its size where the inspector had stated the interests to be protected and explained how they were met, but failed to allow for the structure plan which would allow only small scale proposals which would not harm the character and appearance etc of the local area. The development was not small scale, and the inspector had not considered properly the policies and their aims, and the permission was set aside.

 
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