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: 2003 To: 2003
This page lists 142 cases, and was prepared on 02 April 2018.
Grantchester Retail Parks Plc v Secretary of State for Transport, Local Government and the Regions and Another [2003] EWHC 92 (Admin)
15 Jan 2003
Admn
Planning
[ Bailii ]
Payne v Caerphilly County Borough Council [2003] EWCA Civ 71
16 Jan 2003
CA
Planning
Environment Act 1995 S13p9
[ Bailii ]
Gillespie v Secretary of State and Another [2003] EWHC 8 (Admin)
20 Jan 2003
Admn
Planning
1 Citers
[ Bailii ]
Jones, Regina (on the Application Of) v Mansfield District Council [2003] EWHC 7 (Admin)
20 Jan 2003
Admn
Planning
1 Cites
1 Citers
[ Bailii ]
Wandsworth Borough Council, Regina (on the Application Of) v Secretary of State for Transportation Local Government and the Regions and Another [2003] EWHC 622 (Admin)
29 Jan 2003
Admn
Planning
Enforcement - mobile phone mast.
[ Bailii ]
Marney, Regina (on the Application of) v Secretary of State for Transport Environment and the Regions and Another [2003] EWHC 226 (Admin)
4 Feb 2003
Admn
Planning
Enforcement notice - change of use from agricultural to use for mobile homes
[ Bailii ]
Hill v Secretary of State for Transport, Local Government and Another [2003] EWHC 279 (Admin)
5 Feb 2003
Admn
Planning
Caravan Site
[ Bailii ]
Lowe v First Secretary of State and Another [2003] EWHC 537 (Admin)
6 Feb 2003
Admn
Planning
The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building. Held: The inspector had been wrong to place significance on what he thought was the owners intentions in erecting the fence when he had to interpret what was the curtilage.
General Permitted Development Order 1995 Part II of Schedule 2 class A
1 Cites
[ Bailii ]
Steetley Woburn Bentonite Ltd v Secretary of State for the Office of the Deputy Prime Minister and Another [2003] EWHC 2093 (Admin)
6 Feb 2003
Admn
Planning
[ Bailii ]
Austin v First Secretary of State [2003] EWHC 229 (Admin)
6 Feb 2003
Admn
Planning
[ Bailii ]
J C Decaux Ltd v First Secretary of State [2003] EWHC 407 (Admin)
11 Feb 2003
Admn
Planning
[ Bailii ]
Regina (Goodman and Another) v Lewisham London Borough Council Times, 21 February 2003; [2003] EWCA Civ 140; Gazette, 03 April 2003; [2003] JPL 1309
14 Feb 2003
CA
Brooke, Buxton, LJJ, Morland J
Environment, Planning, Local Government
Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment. Held: The local authority had concluded that the project could not be encompassed by the phrases 'infrastructure project' or 'urban development project'. Whilst there migt be some scope for disagreement, that did not mean that a decision could only be challenged by way of review as to its Wednesbury unreasonableness. If in law the interpretation was incorrect, the judge had a duty to correct it, and that did not involve such considerations, though the issue might arise later. The interpretation was outside the range of reasonable responses, and the appeal was allowed.
Town and Country Planning (Environmental Impact Assessment) Regulations 1999 (1999 No 293) Sch 2 10(b)
1 Cites
1 Citers
[ Bailii ]
Mitchell and Another, Regina (on the Application Of) v Horsham District Council [2003] EWHC 234 (Admin)
14 Feb 2003
Admn
Planning, Housing
[ Bailii ]
Wandsworth London Borough Council v Secretary of State for Transport, Local Government and the Regions Gazette, 27 February 2003; [2003] EWCA Civ 142
19 Feb 2003
CA
Lord Justice Laws Lord Justice Jonathan Parker Lord Justice Ward
Planning
The applicant sought permission for a supermarket. It would fall mostly within the Lambeth area, but also in part in a neighbouring borough. One classified the development as a 'neighbourhood centre', but the appellant authority classified the shops as 'important local parades'. The inspector found that it was not in a town centre within the guidance, and so was not a preferred area for development. The Secretary of State said the term 'town centre' in the Caborn statement should be interpreted more widely, and that under such interpretation, it was a centre development. Held: The Caborn statement was capable of the wider interpretation applied (Tesco). The secretary had had no obligation to refer to the actual function served by the centre, and could rely upon the reasons given by the inspector. The appeal was dismissed.
Caborn Statement (written Parliamentary answer of 11 February 1999) - Planning Policy Guidance 6 (PPG 6)
1 Cites
[ Bailii ]
Bello, Regina (on the Application Of) v Lewisham [2003] EWCA Civ 353
21 Feb 2003
CA
Planning
[ Bailii ]
Alderney Estates Ltd v Secretary of State for Transport, Local Government and the Regions and Another [2003] EWCA Civ 346
21 Feb 2003
CA
Planning
[ Bailii ]
Hayter v First Secretary of State and Another [2003] EWHC 258 (Admin)
21 Feb 2003
Admn
Planning
[ Bailii ]
Westgate Partnership v Oxford City Council [2003] EWHC 425 (Admin)
28 Feb 2003
Admn
Planning
[ Bailii ]
Maureen Smith v Secretary of State for the Environment, Transport and Regions and others [2003] EWCA Civ 262
5 Mar 2003
CA
Lord Justice Sedley Lord Justice Waller Mrs Justice Black
Planning, Environment
The court distilled four principles in deciding whether an environmental impact assessment was to be required. At the outline consent stage the planning authority must have sufficient details of any impact on the environment and of any mitigation to enable it to comply with its regulation 4(2) obligation; and there will be a failure to comply with regulation 4(2) if questions relating to the significance of the impact on the environment and the effectiveness of any mitigation are left over. But it is consistent with these principles to leave final details of, for example, a landscaping scheme, to be clarified in the context of a reserved matter or by virtue of a condition.
1 Cites
1 Citers
[ Bailii ]
Steven Evans v First Secretary of State The London Metropolitan University The London Borough of Islington [2003] EWHC 411 (Admin)
6 Mar 2003
QBD
The Hon Mr Justice Lightman
Planning
[ Bailii ]
Bryant Homes Ltd v First Secretary of State [2003] EWHC 579 (Admin)
6 Mar 2003
Admn
Planning
[ Bailii ]
Gloucester City Council v First Secretary of State [2003] EWHC 540 (Admin)
10 Mar 2003
Admn
Planning
[ Bailii ]
Hildreths China and Glass Ltd, Regina (on the Application of) v First Secretary of State [2003] EWHC 631 (Admin)
12 Mar 2003
Admn
Elias J
Planning
Enforcement - Appeal against a decision of an inspector in which the inspector dismissed the appellant's appeal against an enforcement notice issued by the second defendant, the Chiltern District Council.
[ Bailii ]
Blackburn v First Secretary of State [2003] EWHC 671 (Admin)
13 Mar 2003
Admn
Planning
Enforcement notice
[ Bailii ]
Brennon, Regina (on the Application Of) v Bromsgrove District Council [2003] EWHC 752 (Admin)
17 Mar 2003
Admn
Planning
tree preservation order
[ Bailii ]
Imperial Resources Sa, Regina (on the Application Of) v First Secretary of State In the Office of the Deputy Prime Minister and others [2003] EWHC 658 (Admin)
17 Mar 2003
Admn
Planning
[ Bailii ]
Doncaster Metropolitan Borough Council, Regina (on the Application Of) v First Secretary of State [2003] EWHC 995 (Admin)
19 Mar 2003
Admn
Planning
[ Bailii ]
Coyle, Regina (on the Application Of) v Kingston Upon Thames [2003] EWHC 816 (Admin)
20 Mar 2003
Admn
Planning
[ Bailii ]
Gosbee and Another, Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 770 (Admin)
20 Mar 2003
Admn
Elias J
Planning
A bungalow was not demolished as required by a condition when planning permission for a new dwelling was given. An enforcement notice was issued requiring the demolition of the bungalow. Held: "in determining whether the interference is proportionate both parties accept, and I agree in this case, that the Court should adopt the two-fold test adumbrated by Dyson LJ in [Samaroo]". The Inspector had not in terms disentangled the two questions referred to in Samaroo but stated that the key issue was whether the proper balancing of factors had taken place: "I do not think there can be any real doubt that the inspector considered both that the condition was the least intrusive interference to achieve the policy of one for one replacement, as he put it, and that the environmental interest which he assessed to be very important outweighed the Article 8 interest in the circumstances of this case. This was essentially a balancing exercise for him in the light of the information he had."
1 Cites
1 Citers
[ Bailii ]
Jewson Holdings Ltd , Regina (on the Application Of) v Vale of the White Horse District Council, First Secretary of State Gazette, 10 April 2003; [2003] EWHC 730 (Admin)
21 Mar 2003
Admn
Mr Justice Davies
Planning
The appellant sought to develop land in a green belt, claiming that supporting office development was necessary to support restoration of historic residential buildings in accordance with the policy. Held: The document 'Enabling Development and the Conservation of Heritage Assets' of English Heritage put emphasis on the need to provide full financial analysis to show the need for the development to enable the restoration. That analysis was absent. Appeal dismissed.
[ Bailii ]
Kebbell Development Ltd , Regina (on the Application Of) v First Secretary of State [2003] EWHC 902 (Admin)
24 Mar 2003
Admn
Planning
1 Citers
[ Bailii ]
Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others [2003] EWHC 886 (Admin)
26 Mar 2003
Admn
Local Government, Planning, Housing
1 Cites
1 Citers
[ Bailii ]
Bown, Regina (on the Application of) v Secretary of State for Transport [2003] EWHC 819 (Admin)
26 Mar 2003
Admn
Collins J
Planning, Environment, European
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds. Held: The Wild Birds Directive had not seperately been implemented into UK law, but rather left to planning legislation. The challenge failed.
1 Cites
1 Citers
[ Bailii ]
Bellway Urban Renewal Southern v Gillespie [2003] EWCA Civ 400; Times, 07 April 2003; Gazette, 10 April 2003; [2003] JPL 1287; [2003] 2 P and CR 16; [2003] Env LR 30; [2003] 3 PLR 20; [2003] 14 EG 123
27 Mar 2003
CA
Lord Justice Pill Lord Justice Laws And Lady Justice Arden DBE
Planning
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement. Held: When making the screening decision, it cannot be assumed that at each stage a favourable and satisfactory result will be achieved. There will be cases in which the uncertainties are such that a decision that a project is unlikely to have significant effects on the environment could not properly be reached. The test applied was not the correct one. The error was in the assumption that the investigations and works contemplated could be treated, at the time of the screening decision, as having had a successful outcome.
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988
1 Cites
1 Citers
[ Bailii ]
Kingsley Ventures Ltd , Regina (on the Application Of) v Secretary of State for Transport, Local Government and the Regions and Another [2003] EWHC 792 (Admin)
27 Mar 2003
Admn
Planning
[ Bailii ]
Fox v First Secretary of State [2003] EWHC 887 (Admin)
31 Mar 2003
Admn
Planning
[ Bailii ]
Swindon Borough Council v First Secretary of State and Another [2003] EWHC 670 (Admin)
2 Apr 2003
Admn
Planning
[ Bailii ]
Sullivan v Warwick District Council and others Times, 12 June 2003
8 Apr 2003
QBD
Pitchford J
Planning
Permission was sought to demolish part of a listed building, the second purpose built hotel in England. Held: When considering whether an alteration constituted the demolition of a 'significant part' of a building, under PPG 15 (1994) para 3.15A, considerations should be addressed to its condition, the costs of maintenance in the light of the importance of the building, and all other circumstances.
Sage v Secretary of State for the Environment, Transport and the Regions and others [2003] UKHL 22; Times, 11 April 2003; [2003] NPC 51; [2003] 16 EGCS 102; [2003] 2 All ER 689; [2003] JPL 1299; [2003] 1 WLR 983; [2003] 2 P & CR 26
10 Apr 2003
HL
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry
Planning, Limitation
The appellant had challenged an enforcement notice requiring him to pull down a partially built house. The issue was when the four year limitation period had commenced. Did the four year limitation period commence when the works were complete, or when the building was complete? Held: The inspector had found the building to be a dwelling in the course of construction. Further works might not affect the exterior, but would not fall within section 55(2)(a) until the building works had been completed. The breach of planning control would not have been exhausted but would be continuing.
Town and Country Planning Act 1990 55(2)(a) 171(B)
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Zzz Incorporated, Regina (on the Application of) v Secretary of State for Transport, Local Government and the Regions; Admn 11-Apr-2003 - [2003] EWHC 1092 (Admin)
Sharp v London Borough of Brent [2003] EWCA Civ 779
14 Apr 2003
CA
Planning
Housing Act 1996 204
[ Bailii ]
Williams, Regina (on the Application of) v First Secretary of State and Another [2003] EWHC 1106 (Admin)
15 Apr 2003
Admn
Planning
[ Bailii ]
Richardson and Another, Regina (on the Application Of) v North Yorkshire County Council and others [2003] EWHC 764 (Admin)
15 Apr 2003
Admn
Richards J
Planning, Local Government
1 Cites
1 Citers
[ Bailii ]
Samuel Smith Old Brewery (Tadcaster) v Selby District Council and Another [2003] EWHC 856 (Admin)
16 Apr 2003
Admn
Planning
[ Bailii ]
Arrowcroft Group Plc v First Secretary of State [2003] EWHC 1067 (Admin)
16 Apr 2003
Admn
Planning
[ Bailii ]
Edward Ware New Homes Ltd v Secretary of State for Transport, Local Government and the Regions [2003] EWCA Civ 566
16 Apr 2003
CA
Lord Justice Buxton Lord Justice Kennedy Lord Justice Carnwath
Planning
[ Bailii ]
Prokopp, Regina (On the Application of) v London Underground Ltd and Others [2003] EWHC 960 (Admin)
2 May 2003
Admn
Collins J
Planning
The claimant challenged a proposed demolition of a Goods Yard by the first defendant and decisions by the two applicable local authorities not to prevent the demolition despite the lack of planning permission.
[ Bailii ]
Entertainu Ltd, Regina (On the Application of) v Westminster City Council [2003] EWHC 1127 (Admin)
6 May 2003
Admn
Collins J
Planning
[ Bailii ]
Entertainu Ltd v First Secretary of State and another Gazette, 22 May 2003
6 May 2003
Admn
Mr Justice Collins
Planning
The claimant operated an hostess bar in Chinatown. The local authority served an enforcement notice, and the applicant applied for planning permission. The authority rejected the application on the basis that that particular bar would encourage crime and be a detriment to the residential character of the area. The inspector rejected it on the basis that any such establishment would be unwelcome in the area. The respondent rejected the appeal. Held: The Inspector had found against the applicant on a basis (as to the general policy for such establishments as against any detriment associated with this particular establishment) which had not been put to him. The applicants had accordingly not had a chance to place before him their own arguments against that objection. The decision was flawed and remitted for reconsideration.
1 Cites
1 Citers
Wheeler v First Secretary of State [2003] EWHC 1194 (Admin)
7 May 2003
Admn
Planning
[ Bailii ]
Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth [2003] EWHC 1224 (Admin); [2004] JPL 820
9 May 2003
Admn
Collins J
Planning, Media, Local Government
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 things stand, it is necessary to consider in relation to any particular site whether the provision of illumination does amount to a substantial alteration in the manner of the use of the site. It may or it may not, and that will depend upon the effect of the illumination in any particular case.
It is to be remembered that the approach under the Act, and under the Regulations, is that powers should be exercised only in the interests of amenity and public safety. If there is a deemed consent to an advertisement, it seems to me that it is relevant to consider, as things stand, whether the illumination does have an effect on amenity or does create a danger. If it does not in any way, it is difficult to see how it could properly be regarded within the context of the approach to construction that should be adopted of these Regulations as a substantial alteration.
It is pertinent in my judgment to have regard to the purpose behind the need for control, which is to further the interests of amenity and to avoid any danger. It may well be thought by Lambeth, and it may be perfectly reasonable so to believe, that the advertisements, even as they are, are contrary to amenity. That is a matter which may have to be considered in the future. But as the matter stands under the Regulations, there is nothing positive that could be done unless it can be established within the terms of Regulation 8 that there is a substantial effect on amenity, or a danger resulting from this. It would be right in those circumstances to consider whether the illumination creates any additional adverse effect."
London Local Authorities Act 1995 11
1 Citers
[ Bailii ]
Valente v First Secretary of State [2003] EWHC 1196 (Admin)
14 May 2003
Admn
Planning
[ Bailii ]
Murray, Regina (on the Application Of) v Hampshire County Council [2003] EWCA Civ 760
14 May 2003
CA
Planning, Environment
1 Cites
1 Citers
[ Bailii ]
Bhamjee v Forsdick and others; CA 14-May-2003 - [2003] EWCA Civ 799
Burkett, Regina (on the Application of) v Hammersmith and Fulham Gazette, 29 May 2003; [2003] EWHC 1031 (Admin)
15 May 2003
Admn
Mr Justice Newman
Planning, Judicial Review
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to make the statement to say what had been considered. Held: At the outline application stage, the plan had to provide sufficient information as to its environmental impact, but for the authority to judge whether it had received sufficient information. Though that assessment was subject to judicial review, it was a question of fact and degree. The challenge amounted to a claim in effect that almost nothing could be reserved, and was dismissed. The failure to make the statement was real but not substantial.
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 4(2)
1 Cites
1 Citers
[ Bailii ]
South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter [2003] EWCA Civ 687; [2004] JPL 207; [2003] NPC 68; [2004] 1 P and CR 8
19 May 2003
CA
Lord Justice Mance Lord Justice Pill Lord Justice Longmore
Planning
The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed. Held: The inspector had failed to take sufficient account of the unlawfulness fo her occupation. It was important that the concept of exceptional circumstances should not be watered down in this way, and the decision notice was set aside.
1 Cites
1 Citers
[ Bailii ]
Braun v First Secretary of State and Another [2003] EWCA Civ 665; Gazette, 29 May 2003
20 May 2003
CA
Lord Justice Laws Lord Justice Simon Brown Lord Justice Longmore
Planning
A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued enforcement proceedings. The Secretary now appealed dismissal of those proceedings. Held: The appeal was dismissed. The owner could not be prosecuted for all breaches, including those before he purchased the land. If the authority wanted all unauthorised alterations to be reversed, it had to comply with the section which required full details to be given.
Planning (Listed Buildings and Conservation Areas) Act 1990 38
1 Cites
[ Bailii ]
Cox v First Secretary of State [2003] EWHC 1290 (Admin)
21 May 2003
Admn
Planning
[ Bailii ]
Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others [2003] UKHL 26; Times, 23 May 2003; Gazette, 05 June 2003; Gazette, 10 July 2003; [2003] 2 WLR 1547; [2003] 2 AC 558
22 May 2003
HL
Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Hutton, Lord Scott of Foscote
Planning, Local Government, Human Rights
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but original, and it had a duty to assess each case on its merits. The remedy of an injunction, carrying the threat of imprisonment is personal to the proposed injunctee. The court was not bound to follow the views of the local authority in enforcing planning control, and the proposed injunction must be both just and proportionate. The balance between Roma and other parts of society will always be difficult to find.
Lord Bingham of Cornhill said: "When granting an injunction the court does not contemplate that it will be disobeyed . . Apprehension that a party may disobey an order should not deter the court from making an order otherwise appropriate: there is not one law for the law-abiding and another for the lawless and truculent."
Town and Country Planning Act 1990 187B
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
North West Estates Plc v Buckinghamshire County Council [2003] EWCA Civ 719; Times, 11 June 2003
22 May 2003
CA
Ward, Laws, Jonathan Parker LJJ
Planning
There had been many attempts to enforce and resist enforcement of a planning notice. Held: The landowner was not entitled now to challenge the application for injunctive relief, where he had not appealed the validity of the enforcement notice. The judge at first instance had accepted the validity of the enforcement notice at face value. The workshop was within the land specified in the enforcement notice. That which the enforcement notice says has to be done to comply with it, must be done by the landowner. That requires the removal of the workshop. The next question is whether there is any good ground for not exercising discretion to enforce the notice. There was no good reason for not enforcing it and every good reason why this long sorry chapter should now be brought to a conclusion.
1 Cites
1 Citers
[ Bailii ]
South Shropshire District Council v First Secretary of State [2003] EWHC 1351 (Admin)
23 May 2003
Admn
Planning
[ Bailii ]
Exmouth Marina Ltd, Regina (on the Application of) v First Secretary of State and Another [2003] EWHC 1500 (Admin)
3 Jun 2003
Admn
Planning
1 Cites
[ Bailii ]
Monmouthshire County Council v National Assembly for Wales and others [2003] EWHC 1419 (Admin)
6 Jun 2003
Admn
Planning
[ Bailii ]
Ppg11 Ltd, Regina (on the Application Of) v Dorset County Council and Another [2003] EWHC 1311 (Admin)
6 Jun 2003
Admn
Planning
1 Cites
[ Bailii ]
Bromley, Regina (on the Application of) v Biggin Hill Airport Ltd [2003] EWHC 1499 (Admin)
9 Jun 2003
Admn
Planning
[ Bailii ]
Fasuyi, Regina (on the Application Of) v First Secretary of State [2003] EWHC 1457 (Admin)
9 Jun 2003
Admn
Elias J
Planning
[ Bailii ]
Redrow Homes (Eastern) Ltd v First Secretary of State [2003] EWHC 1594 (Admin)
11 Jun 2003
Admn
Planning
[ Bailii ]
Barking and Dagenham v Christodoulou [2003] EWHC 1662 (Admin)
16 Jun 2003
Admn
Planning, Crime
[ Bailii ]
St Anselm Development Company Ltd , Regina (on the Application Of) v First Secretary of State [2003] EWHC 1592 (Admin)
16 Jun 2003
Admn
Planning
[ Bailii ]
Stimpson, Regina (on the Application Of) v First Secretary of State [2003] EWHC 1591 (Admin)
18 Jun 2003
Admn
Planning
[ Bailii ]
In re St Laurence, Alvechurch Times, 04 September 2003
19 Jun 2003
ConC
Charles Mynor, Chancellor
Ecclesiastical, Planning
The incumbent and churchwardens applied for a faculty for the creation of a car park and church hall. Planning permission had already been granted. Held: The Consistory Court could assume that once planning permission had been granted, the elements of the decision taken into account in that decision should be taken to have been correctly assessed. There remained issues as to the pastoral consequences, and a proposal was still required. The assumption might be displaced if it could be shown that the planners had failed to give appropriate attention to the special quality of the building.
Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry [2003] EWCA Civ 835; Times, 04 July 2003; Gazette, 03 July 2003
19 Jun 2003
CA
Lord Justice Auld Lord Justice Clarke Lord Justice Jonathan Parker
Planning
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined 'Gypsies' as persons of nomadic habit. It was a question of fact for each planning officer. Human rights law did not operate to alter the statutory definition. Chapman concerned enforcement measures operating against Gypsies, not whether a person was a Gypsy or not. Administrative policy is to be settled by parliament not the courts
Caravan Sites and Control of Development Act 1960 24
1 Cites
1 Citers
[ Bailii ]
Gavin, Regina (on the Application Of) v Wolseley Centers Ltd [2003] EWHC 1883 (Admin)
23 Jun 2003
Admn
Planning
[ Bailii ]
Lindsay v London Borough of Lambeth [2003] EWCA Civ 920
25 Jun 2003
CA
Planning
[ Bailii ]
Richmondshire District Council v First Secretary of State [2003] EWHC 1627 (Admin)
26 Jun 2003
Admn
Planning
[ Bailii ]
Barker, Regina (on the Application of) v London Borough of Bromley [2003] UKHL 45
30 Jun 2003
HL
Bingham of Cornhill, Steyn, Hope of Craighead, Hutton, and Scott of Foscote
European, Planning, Environment
The House referred to the European Court the question as to whether an environmental impact assessment was required if outline permission having been granted without an assessment, the matter proceeds with approval of the matters reserved.
Directive 85/337/EEC
[ House of Lords ] - [ Bailii ]
Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another [2003] EWHC 1605 (Admin)
4 Jul 2003
Admn
The Honourable Mr Justice Richards
Planning, Judicial Review
The claimant garden centre sought to challenge a relaxation on planning restrictions over a competing centre. Held: The section 106 agreemnent was to be looked at to see what purpose was served by the original conditions. Section 106A(6) does not require that the obligation continues to serve its original purpose. What matters is whether the obligation continues to serve a useful purpose. The members had not properly considered what purpose had been served, or looked at the suggested terms as a whole. The application was not premature since the faults were probably incapable of correction otherwise.
Town and Country Planning Act 1990 106 106A
1 Cites
[ Bailii ]
Mount Murray Country Club Ltd and others v Commission of Inquiry Into Mount Murray and Another (1) [2003] UKPC 53; Times, 15 July 2003
7 Jul 2003
PC
Lord Bingham of Cornhill Lord Hoffmann Lord Rodger of Earlsferry Lord Walker of Gestingthorpe The Rt. Hon. Justice Tipping
Commonwealth, Taxes Management, Planning
(Isle of Man) The company appealed an order requiring disclosure of their tax documents to an enquiry. The enquiry into possible corruption had been ordered by the Tynwald. Held: The provisions of the Act protecting tax documents from disclosure were subject to statutory exceptions ("(j) unless required or authorised to do so by any enactment or by order of a court in the Island."). It was wrong to treat it as akin to legal professional privilege, where there would be no balancing exercise. The request fell within the exception and the documents should be produced, and no order should be made to limit their use.
Income Tax Act 1970 (Isle of Man) 106
1 Cites
[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
Regina on the Application of Prokopp v London Underground Ltd and others Gazette, 11 September 2003
7 Jul 2003
CA
Lord Justice Kennedy Lord Justice Buxton Lord Justice Schiemann
Planning, Environment
Banbury Golf Centre v First Secretary of State [2003] EWHC 1790 (Admin)
10 Jul 2003
Admn
Planning
[ Bailii ]
Bennett Fergusson Coal Ltd, Regina (on the Application of) v First Secretary of State and Another [2003] EWHC 1858 (Admin)
16 Jul 2003
Admn
Planning
[ Bailii ]
Onesto Lanni v the First Secretary of State, Reigate and Banstead District Council [2003] EWHC 1716 (Admin)
16 Jul 2003
Admn
The Honourable Mr Justice Maurice Kay
Planning
[ Bailii ]
JS Bloor (Sudbury) Ltd v First Secretary of State [2003] EWHC 1898 (Admin)
16 Jul 2003
Admn
Planning
[ Bailii ]
Westminster City Council, Regina (on the Application of) v First Secretary of State [2003] EWHC 2282 (Admin)
21 Jul 2003
Admn
Sullivan J
Planning
Appeal against inspector's decision allowing appeal against enforcement notice.
[ Bailii ]
Lambert, Regina (on the Application Of) v London Borough of Southwark [2003] EWHC 2121 (Admin)
23 Jul 2003
Admn
Planning
[ Bailii ]
Pembrokeshire Coast National Park Authority, Regina (on the Application Of) v National Assembly for Wales and Another [2003] EWHC 2105 (Admin)
24 Jul 2003
Admn
Planning, Costs
[ Bailii ]
Wycombe District Council, Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 2002 (Admin)
28 Jul 2003
Admn
Planning
[ Bailii ]
Doherty, Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 2117 (Admin)
29 Jul 2003
Admn
Planning
[ Bailii ]
Belmont Riding Centre and Another v First Secretary of State and Another [2003] EWHC 1895 (Admin)
29 Jul 2003
Admn
Planning
[ Bailii ]
Chichester District Council v First Secretary of State and others [2003] EWHC 1924 (Admin)
29 Jul 2003
Admn
Planning
1 Citers
[ Bailii ]
Bown v Secretary of State for Transport [2003] EWCA Civ 1170
31 Jul 2003
CA
Lord Justice Waller Lord Justice Carnwath Lord Phillips Of Worth Matravers, Mr
Planning, Environment
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was at an early stage strong evidence that the site deserved protection, and little was known about why it had not been designated, but the excusion from being a protected area could have been challenged at the time, and the RSPB had withdrawn its own request that the site be listed. Held: It was now far too late to challenge the 1994 decision not to list. Although the appeal failed, it served a useful purpose in exposing an apparent lack of transparency in the procedures for classifying SPAs.
Lord Justice Carnwath said: "The speeches [in Berkeley] need to be read in context. Lord Bingham emphasised the very narrow basis on which the case was argued in the House . . The developer was not represented in the House, and there was no reference to any evidence of actual prejudice to his or any other interests. Care is needed in applying the principles there decided to other circumstances, such as cases where as here there is clear evidence of a pressing public need for the scheme which is under attack."
1 Cites
1 Citers
[ Bailii ]
Sarah Lloyd Jones and others v T Mobile (Uk) Ltd [2003] EWCA Civ 1162; Times, 10 September 2003; Gazette, 16 October 2003
31 Jul 2003
CA
Lord Justice Brooke Mr Justice Holman Lord Justice Kennedy
Media, Planning
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land. Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal not the high court.
Telecommunications Act 1984 - Access to Justice Act 1999 (Destination of Appeals) Order 2000
1 Cites
[ Bailii ]
Hossack, Regina (on the Application of) v Kettering Borough Council and Another [2003] EWHC 1929 (Admin)
31 Jul 2003
Admn
The Honourable Mr Justice Richards
Planning
The claimant lived near houses used for the occupation by troubled youths. She complained that the occupation was in breach of planning control. Held: The authority had properly considered the issues it was required to consider and the permission was properly granted.
1 Cites
1 Citers
[ Bailii ]
Spa Properties Ltd , Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 2103 (Admin)
1 Sep 2003
Admn
Planning
[ Bailii ]
Regina (on the application of Lee) v First Secretary of State and another; Admn 3-Sep-2003 - Gazette, 02 October 2003
Lee, Regina (on the Application Of) v Swale Borough Council [2003] EWHC 2139 (Admin)
3 Sep 2003
Admn
Planning
[ Bailii ]
Evans v First Secretary of State and Another [2003] EWHC 2169 (Admin)
8 Sep 2003
Admn
Planning
[ Bailii ]
Rosy Homes (Holt) Ltd , Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 2199 (Admin)
9 Sep 2003
Admn
Planning
[ Bailii ]
Payne v Caerphilly County Borough Council [2003] EWCA Civ 1262
10 Sep 2003
CA
Planning
Application for permission to appeal.
[ Bailii ]
Taussig, Regina (on the Application Of) v First Secretary of State and others [2003] EWHC 3281 (Admin)
12 Sep 2003
Admn
Planning
[ Bailii ]
Land and Development Ltd v First Secretary of State [2003] EWHC 2200 (Admin)
15 Sep 2003
Admn
Planning
[ Bailii ]
Fidler v First Secretary of State and others [2003] EWHC 2003 (Admin)
1 Oct 2003
Admn
Planning
1 Cites
[ Bailii ]
Burgess, Regina (on the Application Of) v Guildford Borough Council [2003] EWHC 2406 (Admin)
10 Oct 2003
Admn
Planning
[ Bailii ]
Mount Cook Land Ltd and Another v Westminster City Council; CA 14-Oct-2003 - [2003] EWCA Civ 1346; Times, 16 October 2003; [2004] 2 P&CR 22; [2004] 1 PLR 29
Jones, Regina (on the Application of) v Mansfield District Council and Another [2004] Env LR 391; [2003] EWCA Civ 1408; Times, 31 October 2003
16 Oct 2003
CA
Lord Justice Laws Ord Justice Dyson And Lord Justice Carnwath
Planning, Environment, Judicial Review
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 approach correctly, and the role of the court is to conduct a Wednesbury review of the decision of the council. That review was also correct. It was not a Gillespie case. The committee already had substantial information before it. A planning authority could not rely upon undertakings and conditions to secure compliance with the requirements for an assessment.
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 - Council Directive 85/337/EEC of 17 June 1995 on the assessment of the effects of certain public and private projects on the environment
1 Cites
1 Citers
[ Bailii ]
Millgate Homes Ltd , Regina (on the Application Of) v First Secretary of State [2003] EWHC 2510 (Admin)
16 Oct 2003
Admn
Planning
[ Bailii ]
Keeley, Regina (on the Application of) v Canterbury Crown Court [2003] EWHC 2603 (Admin)
21 Oct 2003
Admn
Planning, Crime
[ Bailii ]
Phillips v First Secretary of State and others [2003] EWHC 2415 (Admin); Times, 30 October 2003
22 Oct 2003
Admn
The Honourable Mr Justice Richards
Planning
The claimant had objected to the grant of permission to erect a mobile phone mast near her property. The issue was that she had not been given opportunity to comment upon the consideration of alternative sites. Held: The consideration of alternatives is an integral part of the process of assessment of an application for approval of the siting of telecommunications structures. The applicant for the permission had changed the basis of its application, widening the area of alternatives to 400m. The claimant had proceeded in her objection on the basis that alternatives could only be suggested within a 200m circle. In this case fairness did require that the claimant be given an opportunity to make representations in relation to the increase in the stated search area. "It is PPG8 that I consider particularly important in this case. It makes consideration of alternatives an integral part of the process of assessment of an application for approval of the siting of telecommunications structures. " She had to show in addition substantial prejudice from that unfairness. That was shown and the decision was quashed.
Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000
1 Cites
1 Citers
[ Bailii ]
The Fairfield Partnership v Huntingdonshire District Council [2003] EWHC 2430 Admin
23 Oct 2003
QBD
The Hon Mr Justice Lindsay
Planning
1 Cites
[ Bailii ]
Basildon District Council, Regina (on the Application of) v First Secretaru of State and Another [2003] EWHC 2621 (Admin)
24 Oct 2003
Admn
Planning
[ Bailii ]
Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others Times, 04 November 2003; [2003] EWCA Civ 1614
30 Oct 2003
CA
Peter Gibson, Waller, Carnwath, LJJ
Planning, Local Government, Housing
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A panel had recommended that more be done to support local authorities, including the recommendation of sites. The authority set out a plan that the need should be satisfied within local plans. Held: The departure from the recommendation must have been a deliberate one. Before taking that departure, it was obliged to have prepared a list of departures from the recommendations, for comment. It had not done so. The procedural obligations had not been met.
1 Cites
1 Citers
[ Bailii ]
John Dickie Homes Limited v A Decision of Glasgow City Council By Resolution Dated 1St August 2003 To Adopt the Glasgow City Plan [2003] ScotCS 277
31 Oct 2003
OHCS
Lord Cameron Of Lochbroom And Lord Marnoch And Lord Hamilton
Planning
[ Bailii ]
Moss, Regina (on the Application of) v First Secretary of State and Another [2003] EWHC 2781 (Admin)
3 Nov 2003
Admn
Planning
[ Bailii ]
Gavin, Regina (on the Application of) v London Borough of Haringey and Another [2003] EWHC 2591 (Admin)
5 Nov 2003
Admn
Planning
[ Bailii ]
Steven Evans v First Secretary of State and Others, the London Metropolitan University, the London Borough of Islington [2003] EWCA Civ 1523
5 Nov 2003
CA
Lord Justice Jonathan Parker Lord Justice Judge Lord Justice Simon Brown
Planning
[ Bailii ]
Blewett, Regina (on the Application Of) v Derbyshire County Council [2003] EWHC 2775 (Admin); [2004] Env LR 29
7 Nov 2003
Admn
Sullivan J
Planning
Mr Blewett sought judicial review, quashing on three grounds a planning permission given by the Derbyshire County Council to Derbyshire Waste to use land at the former Glapwell Colliery in North-East Derbyshire, for "land reclamation by waste disposal with restoration to agricultural, woodland, grassland and nature conservation". Held: A review was granted. Sullivan J said: "In an imperfect world it is an unrealistic counsel of perfection to expect that an applicant's environmental statement will always contain the 'full information' about the environmental impact of a project. The Regulations are not based upon such an unrealistic expectation. They recognise that an environmental statement may well be deficient, and make provision through the publicity and consultation processes for any deficiencies to be identified so that the resulting 'environmental information' provides the local planning authority with as full a picture as possible. There will be cases where the document purporting to be an environmental statement is so deficient that it could not reasonably be described as an environmental statement as defined by the Regulations . . but they are likely to be few and far between."
1 Cites
1 Citers
[ Bailii ]
Hertsmere Borough Council, Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 2735 (Admin)
10 Nov 2003
Admn
Planning
[ Bailii ]
Meritgold Ltd v First Secretary of State and Another [2003] EWHC 2856 (Admin)
11 Nov 2003
Admn
Planning
[ Bailii ]
Bedfordia Plc v Huntingdonshire District Council and Another [2003] EWHC 2655 (Admin)
11 Nov 2003
Admn
Planning
[ Bailii ]
Bowers, Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 2802 (Admin)
13 Nov 2003
Admn
Planning
[ Bailii ]
Holding, Regina (on the Application of) v First Secretary of State [2003] EWHC 2855 (Admin)
14 Nov 2003
Admn
Planning
[ Bailii ]
Wilson Connolly Ltd , Regina (on the Application of) v First Secretary of State and Another [2003] EWHC 3013 (Admin)
14 Nov 2003
Admn
Planning
[ Bailii ]
Gloucestershire County Council, Regina (on the Application Of) v Keyway (Gloucester) Ltd [2003] EWHC 3012 (Admin)
14 Nov 2003
Admn
Planning, Crime
[ Bailii ]
Stilwell v First Secretary of State [2003] EWHC 2854 (Admin)
17 Nov 2003
Admn
Planning
[ Bailii ]
Brown and Another v First Secretary of State and Another [2003] EWHC 2800 (Admin)
19 Nov 2003
Admn
Planning
[ Bailii ]
JS Bloor (Wilmslow) Ltd and Others, Regina (on the Application of) v First Secretary of State [2003] EWHC 2754 (Admin)
21 Nov 2003
Admn
Planning, Administrative
[ Bailii ]
Chelmsford Borough Council, Regina (on the Application of) v First Secretary of State and Another [2003] EWHC 2978 (Admin)
25 Nov 2003
Admn
Planning
[ Bailii ]
Younger Homes (Northern) Ltd v First Secretary of State and Another [2003] EWHC 3058 (Admin)
26 Nov 2003
Admn
Ouseley J
Planning
The claimant sought to quash a planning decision on the basis that a screening decision had not been made. Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to have been signed, and the officer who formed the opinion was authorised. There was no sufficient evidence of contamination of the site to say the officer's opinion was incorrect or inconsistent. The application was dismissed.
Ouseley J said: "the question of whether a local planning authority has sufficient information in order to be able to reach a proper judgment on its screening opinion is a matter for the relevant decision maker whose view is challengeable only on normal judicial review grounds. It is very much a matter of planning judgment, which depends on the facts of the given case. It may not therefore be very persuasive to take the circumstances of one case . . .and to try to use it as a measure by which other cases had been judged . . Indicative material can assist in judging whether the range of uncertainties is so great that a planning officer has insufficient knowledge to judge whether there are likely to be significant environmental effects or whether there are some site layouts or designs for which it can be said that they would be likely and then likely to have significant effects. The planning officer will also be able to make a judgment about the degree to which standard conditions can at that stage be envisaged as sufficient to make unlikely those developments layouts or components which would be likely to have significant environmental effects."
Town and Country Planning (Environmental Impact Assessment) England and Wales Regulations 1999 (1999 SI 293) 6 8
1 Cites
1 Citers
[ Bailii ]
Saunders, Regina (on the Application of) v Tendring District Council and Another [2003] EWHC 2977 (Admin)
27 Nov 2003
Admn
Planning
[ Bailii ]
Ranson, Regina (on the Application Of) v Secretary of State and Forest Heath District Council [2003] EWHC 3075 (Admin)
27 Nov 2003
Admn
Planning
1 Cites
[ Bailii ]
Batchelor Enterprises Ltd , Regina (on the Application Of) v North Dorset District Council [2003] EWHC 3006 (Admin)
28 Nov 2003
Admn
Planning
[ Bailii ]
Jones, Regina (on the Application Of) v Sedgemoor District Council [2003] EWHC 3007 (Admin)
28 Nov 2003
Admn
Planning
[ Bailii ]
Redrow Homes Limited, Regina (on the Application Of) v First Secretary of State and Another [2003] EWHC 3094 (Admin)
3 Dec 2003
Admn
Sullivan J
Planning
The case asked whether a single permission for a large-scale development extending over more than 2,500 acres could be construed as granting more than one permission.
1 Citers
[ Bailii ]
Kebbell Development Ltd v First Secretary of State and Another [2003] EWCA Civ 1855
5 Dec 2003
CA
Planning
1 Cites
[ Bailii ]
Holding v First Secretary of State [2003] EWHC 3138 (Admin)
9 Dec 2003
Admn
Harrison J
Planning
1 Cites
[ Bailii ]
Regina on the Application of Tromans, and Tromans v Cannock Chase District Council [2003] EWHC 3037 (QB); [2003] EWHC 3236 (Admin)
10 Dec 2003
Admn
Mr Justice Forbes
Planning, Administrative
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Lee, Regina (on the Application Of) v First Secretary of State [2003] EWHC 3235 (Admin)
16 Dec 2003
Admn
Planning
[ Bailii ]
Gregan and Others, Regina (on the Application of) v Hartlepool Borough Council and Another; Admn 18-Dec-2003 - [2003] EWHC 3278 (Admin); Times, 22 January 2004
Bersted Parish Council v Arun District Council [2003] EWHC 3419 (Admin)
18 Dec 2003
Admn
Planning, Local Government
1 Cites
1 Citers
[ Bailii ]
Bersted Parish Council v Arun District Council [2003] EWHC 3149 (Admin)
18 Dec 2003
Admn
Planning
1 Cites
1 Citers
[ Bailii ]
Kilmartin Properties (Tw) Ltd v Tunbridge Wells Borough Council [2003] EWHC 3137 (Admin)
18 Dec 2003
Admn
Planning
[ Bailii ]
Richardson and Orme v North Yorkshire County Council [2003] EWCA Civ 1860; [2003] EWCA Civ 1921; Times, 19 January 2004; [2004] 1 WLR 1920
19 Dec 2003
CA
Lord Justice Keene Lord Justice Scott Baker Lord Justice Simon Brown
Planning, Local Government
The claimants appealed against an order dismissing their application for a judicial review of the respondent's grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the facts the council had taken the decision in the light of proper consideration of the regulations as to the need for an assessment. The requirement to exclude a member with an interest applied to all members and not just those who had a part in the matter before the committee. It was not open to a member to declare his interest and continue to take part in the meeting. Leave to refer a question to the European Court was refused.
Town and Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 1999
1 Cites
1 Citers
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