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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: 2004 To: 2004

This page lists 123 cases, and was prepared on 02 April 2018.

 
Cranage Parish Council v First Secretary of State [2004] EWHC 2949 (Admin
2004
Admn
Davis J
Planning
The court considered the status of planning policies: "For one thing, in the planning field of policies and development plans of this kind are commonly drafted by planners for planners and often are very loosely drafted. They are not, putting it broadly, intended to be legally binding documents in the strict sense. For another, the relevant phrases used will often be hardly sensible bearing a strict hard edged interpretive approach and resort will be needed to elements of value judgment……" There may be instances where even if the words of a policy support an interpretation, consideration of the purpose and underlying objective of the policy in question may show that such linguistic interpretation simply will not accurately represent the true policy.
1 Citers


 
Wells v Secretary of State for Transport, Local Government and the Regions C-201/02; [2004] EUECJ C-201/02; [2004] 1 CMLR 31; [2004] ECR I-723; [2005] All ER (EC) 323; [2004] NPC 1; [2004] Env LR 27
7 Jan 2004
ECJ
P Jann
European, Environment, Planning
ECJ Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - National measure granting consent for mining operations without an environmental impact assessment being carried out - Direct effect of directives - Triangular situation.
Directive 85/337/EEC
1 Citers

[ Bailii ]
 
Lafarge Aggregates Ltd and others v Scottish Ministers and others [2004] ScotCS 6; 2004 SC 524
9 Jan 2004
SCS
Lord Marnoch And Lord President And Lord Weir
Scotland, Planning
The court set out the evolution of planning law on the control of long standing permissions for mineral extraction.
1 Citers

[ Bailii ] - [ ScotC ]
 
Cg Claydon Ltd , Regina (on the Application Of) v Luton Borough Council [2004] EWHC 226 (Admin)
21 Jan 2004
Admn

Planning

[ Bailii ]
 
Lough and others v First Secretary of State [2004] EWHC 23 Admin
21 Jan 2004
Admn
The Honourable Mr Justice Collins
Planning, Human Rights
The claimants challenged the grant of planning permission for neighbouring land.
Town and Country Planning Act 1990 54A
1 Cites

1 Citers

[ Bailii ]
 
Donovan, Regina (on the Application Of) v North Warwickshire District Council [2004] EWHC 224 (Admin)
23 Jan 2004
Admn

Planning

[ Bailii ]
 
Crawley Borough Council, Regina (on the Application Of) v Helberg (T/A the Evesleigh Group) [2004] EWHC 160 (Admin)
23 Jan 2004
Admn

Planning

[ Bailii ]
 
Field v First Secretary of State and Another [2004] EWHC 147 (Admin)
23 Jan 2004
Admn

Planning

[ Bailii ]
 
Ludlam, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 99 (Admin)
23 Jan 2004
Admn

Planning

[ Bailii ]
 
Meritgold Ltd, Regina (on the Application Of) v London Borough of Barnet [2004] EWHC 268 (Admin)
26 Jan 2004
Admn

Planning

[ Bailii ]
 
Paterson, Regina (on the Application Of) v First Secretary of State [2004] EWHC 185 (Admin)
26 Jan 2004
Admn

Planning

[ Bailii ]
 
Coates and others v South Bucks District Council Unreported, 27 January 2004
27 Jan 2004
ChD
Penry-Davey J
Planning

1 Cites

1 Citers


 
57 Developments Ltd v Department of the Environment for Northern Ireland [2004] NICh 3
9 Feb 2004
ChNI
Weatherup J
Northern Ireland, Planning

Caravans Act (Northern Ireland) 1963 25(1)
1 Cites

[ Bailii ]
 
Auburn Court Limited v The Kingston and Saint Andrew Corporation The Building Surveyor The Town and Country Planning Authority The Government Town Planner [2004] UKPC 11
23 Feb 2004
PC

Commonwealth, Planning
PC Jamaica
PC Jamaica
[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
Bravebyte Ltd (T/A London Equestrian Centre), Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 1324 (Admin)
25 Feb 2004
Admn

Planning

[ Bailii ]
 
Blanefield Property Company Limited v Salisbury District Council [2004] EWHC 336 (Admin)
25 Feb 2004
QBD
Mr Justice Forbes
Planning

[ Bailii ]
 
Regina (on the Application of I'M Your Man Limited) v North Somerset Council and the International Helicopter Museum Interested Party [2004] EWHC 342 (Admin)
26 Feb 2004
QBD
Mr Justice Forbes
Planning

[ Bailii ]
 
Davis and Others v Tonbridge and Malling Borough Council [2004] EWCA Civ 194; Times, 05 March 2004; Gazette, 11 March 2004
26 Feb 2004
CA
Lord Justice Auld, Lady Justice Arden, And Lord Justice Jacob
Planning
The claimants were travelling showmen who had purchased land, and after failing to apply for permission, moved onto the land and began to live there. Held: The cultural identity of travelling show-people and their status, as a matter of planning law and policy, should not be confused with those of gypsies, for whom quite distinct provision is made. The local planning authority was entitled to an order requiring them to leave the site. There had been real difficulty finding places for them to stay, but the men had acted to ignore the rules. Their occupation had caused environmental damaged to the land. The council's response was not disproportionate.
1 Cites

1 Citers

[ Bailii ]
 
International Traders Ferry Ltd v Adur District Council [2004] EWCA Civ 288; Times, 01 March 2004
26 Feb 2004
CA

Planning, Damages
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected. Held: The company had occupied the land under a licence. A contractual licensee on land may be, but is not necessarily, an occupier.
Town and Country Planning (General) Regulations 1992 2 - Town and Country Planning Act 1990 186
1 Cites

[ Bailii ]
 
Leger-Davey and Another v First Secretary of State and others [2004] EWHC 512 (Admin)
1 Mar 2004
Admn
Sullivan J
Planning
Objection to mobile phone mast
1 Cites

1 Citers

[ Bailii ]
 
Islington London Borough Council v First Secretary of State [2004] EWHC 430 (Admin)
2 Mar 2004
Admn
Richards J
Planning

[ Bailii ]
 
Whiteknights Consultants Ltd, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 633 (Admin)
8 Mar 2004
Admn

Planning

[ Bailii ]
 
Williams, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 611 (Admin)
11 Mar 2004
Admn

Planning

[ Bailii ]
 
North Devon District Council, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 578 (Admin)
12 Mar 2004
Admn

Planning

[ Bailii ]
 
Payne v Caerphilly County Borough Council [2004] EWCA Civ 433
17 Mar 2004
CA

Planning, Costs

[ Bailii ]
 
Sevenoaks District Council, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 771 (Admin); [2005] JPL 116; [2004] 14 EGCS 141; [2005] 1 P and CR 13
22 Mar 2004
Admn
Sullivan J
Planning
There is no room for implying into condition 14 a further obligation that the developer must construct the development in accordance with the design statement.
1 Citers

[ Bailii ]
 
Horsham District Council v First Secretary of State and Another [2004] EWHC 769 (Admin)
23 Mar 2004
Admn

Planning

[ Bailii ]
 
Mid-Devon District Council, Regina (on the Application Of) v First Secretary of State and others [2004] EWHC 814 (Admin)
23 Mar 2004
Admn

Planning

[ Bailii ]
 
Basildon District Registry v First Secretary of State and others [2004] EWCA Civ 473
25 Mar 2004
CA

Planning

[ Bailii ]

 
 Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department; QBD 6-Apr-2004 - [2004] EWHC 724 (Admin)
 
Patel and others v London Borough of Brent [2004] EWHC 763 (Ch)
7 Apr 2004
ChD
Hart J
Local Government, Planning

Town and Country Planning Act 1990 106
[ Bailii ]
 
Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel [2004] EWHC 779 (Admin)
7 Apr 2004
Admn
Mr Justice Richards
Planning, Local Government, Natural Justice
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council's Conservation Advisory Group which had held a meeting before the Planning Committee's meeting in which the forthcoming applications had been considered and voted on. This was said to give rise to an appearance of bias. Held: The challenge succeeded. The court applied the Porter v Magill test of apparent bias widely: " I therefore take the view that in considering the question of apparent bias in accordance with the test in Porter v Magill, it is necessary to look beyond pecuniary or personal interests and to consider in addition whether, from the point of view of the fair-minded and informed observer, there was a real possibility that the planning committee or some of its members were biased in the sense of approaching the decision with a closed mind and without impartial consideration of all relevant planning issues. That is a question to be approached with appropriate caution, since it is important not to apply the test in a way that will render local authority decision-making impossible or unduly difficult. I do not consider, however, that the circumstances of local authority decision-making are such as to exclude the broader application of the test altogether." and " I take the view, though not without a degree of hesitation, that a fair-minded and informed observer would conclude that there was a real possibility of bias, in the sense of the decisions being approached with closed minds and without impartial consideration of all the planning issues, as a result of the support expressed by the CAG being carried over into support for the application in the context of the planning committee's decisions.
The fact that one of those with dual membership had received no training in planning matters reinforces that concern. So does the fact that all three of those with dual membership who had attended the CAG meeting on 27 May voted in favour of the applications."
1 Citers

[ Bailii ]
 
Patel and others v Brent London Borough Council Gazette, 22 April 2004
7 Apr 2004
ChD
Hart J
Planning
The claimants, charitable trustees bought land with planning permission subject to an agreement by the defendant to provide roadway improvement. They deposited sums with the authority as security. The roadworks were not completed for 10 years. The claimants sought return of the sums deposited as no longer required. Held: The claimants had to permit a drawdown unless, and until, the obligation was discharged or modified, as a matter of judgment for the engineer, however the claimants were granted an inquiry on damages from the defendant not having been completed the work within the requisite period.
Town and Country Planning Act 1990 106

 
Basildon District Council, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 951 (Admin)
20 Apr 2004
Admn
Rich QC J
Planning

[ Bailii ]
 
Lee, Regina (on the Application of) v Nuneaton and Bedworth Borough Council [2004] EWHC 950 (Admin)
21 Apr 2004
Admn
Collins J
Planning

[ Bailii ]
 
Dacorum Borough Council v the First Secretary of State [2004] EWHC 1173 (Admin)
5 May 2004
Admn

Planning

[ Bailii ]
 
Slough Borough Council v Prashar and others [2004] EWCA Civ 671
14 May 2004
CA

Planning

[ Bailii ]
 
Cobbledick, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 1341 (Admin)
17 May 2004
Admn

Planning

[ Bailii ]
 
Sherburn Sand Company Ltd v First Secretary of State and Another [2004] EWHC 1314 (Admin)
18 May 2004
Admn

Planning

[ Bailii ]
 
Guildford Borough Council v First Secretary of State [2004] EWHC 1291 (Admin)
24 May 2004
Admn

Planning

[ Bailii ]
 
Chiltern District Council, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 1495 (Admin)
27 May 2004
Admn

Planning
Refusal of planning permission
[ Bailii ]
 
J A Sanders and K E Sanders v The First Secretary of State and Epping Forest District Council [2004] EWHC 1194 (Admin)
28 May 2004
QBD
Mr Justice Richards
Planning

[ Bailii ]
 
Stock and others v First Secretary of State and Another [2004] EWHC 1253 (Admin)
28 May 2004
Admn
Evans-Lombe J
Planning

[ Bailii ]
 
Eastleigh Borough Council, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 1408 (Admin)
28 May 2004
Admn

Planning

[ Bailii ]
 
P J Stock, M B L Stock, and R Cadogan-Rawlinson Trustees of the Stock Family Estate v the First Secretary of State, Chichester District Council [2004] EWHC 1253 (Admin)
28 May 2004
QBD
The Hon Mr Justice Evans-Lombe
Planning
Appeal against refusal to grant lawful development certificates
[ Bailii ]
 
Standard Commercial Property Securities Limited Standard Commercial Property Developments Limited v Glasgow City Council Atlas Investments Limited for Judicial Review of Decisions of Glasgow City Counil [2004] ScotCS 129
1 Jun 2004
OHCS
Lady Paton
Scotland, Planning, Land

Town and Country Planning (Scotland) Act 1997 191
1 Cites

1 Citers

[ ScotC ] - [ Bailii ]
 
Qaadria Jilaani Trust, Regina (on the Application Of) v First Secretary of State [2004] EWHC 1440 (Admin)
10 Jun 2004
Admn

Planning

[ Bailii ]
 
Grant-Nicholas, Regina (on the Application Of) v Bromsgrove District Council [2004] EWHC 1452 (Admin)
14 Jun 2004
Admn

Planning
Application to quash district plan
1 Cites

[ Bailii ]
 
Community Power Ltd., Regina (on the Application Of) v National Assembly for Wales and Another [2004] EWHC 2186 (Admin)
15 Jun 2004
Admn

Planning, Environment

[ Bailii ]
 
Thompson v First Secretary of State and Another [2004] EWHC 1492 (Admin)
16 Jun 2004
Admn

Planning

Planning (Listed Buildings and Conservations Areas) Act 1990.
[ Bailii ]
 
Exmouth Marina Ltd., Regina (on the Application of) v First Secretary of State [2004] EWHC 3166 (Admin)
17 Jun 2004
Admn
Rich J
Planning

[ Bailii ]
 
Richards, Regina (on the Application Of) v South Bucks District Council [2004] EWHC 2145 (Admin)
18 Jun 2004
Admn

Planning
Erection of mobile phone transmitter mast.
Town and Country Planning General Permitted Development Order 1995
[ Bailii ]
 
Ghadami v Harlow District Council [2004] EWCA Civ 891
21 Jun 2004
CA

Planning

[ Bailii ]
 
Stancliffe Stone Company Ltd v Peak District National Park Authority [2004] EWHC 1475 (QB)
22 Jun 2004
QBD
Moore-Bick J
Administrative, Planning
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately. Held: The claim failed, the claimant had not established that the permission had not lapsed. "it is not open to the court to make a declaration which purports to permit that which it was Parliament's clear intention to forbid. The court cannot make the declaration in the terms sought under 3 and 4 while the list remains – or is read - in its present form." The authority would not have been entitled to rely upon an estoppel by convention, but in any event the case should have been dealt with by an application for judicial review and be subject to the strict timetables applicable to judicial review.
1 Cites

1 Citers

[ Bailii ]
 
Stancliffe Stone Company Ltd v Peak District National Park Authority [2004] EWHC 1475 (QB)
22 Jun 2004
QBD
The Hon Mr. Justice Moore-Bick
Environment, Planning

Environment Act 1995
[ Bailii ]
 
T Mobile (Uk) Ltd and others v First Secretary of State and Another [2004] EWHC 1713 (Admin)
23 Jun 2004
Admn

Planning

[ Bailii ]
 
T Mobile (UK) Ltd and Others v First Decretary of State and Another Times, 08 July 2004
23 Jun 2004
QBD
Sir Richard Tucker
Media, Planning
The appellants wished to establish mobile phone masts. Held: Provided the masts met the accepted international standards, it was not open to the inspector to act upon objections based upon allegations of threats to public health.

 
Younger Homes (Northern) Ltd v First Secretary of State and Another [2004] EWCA Civ 1060
30 Jun 2004
CA

Planning

[ Bailii ]
 
Sainsbury's Supermarkets Ltd, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 1726 (Admin)
1 Jul 2004
Admn
Collins J
Planning

[ Bailii ]

 
 South Buckinghamshire District Council and Another v Porter (No 2); HL 1-Jul-2004 - [2004] UKHL 33; Times, 02 July 2004; [2003] 2 AC 558; [2004] 1 WLR 1953; [2004] 4 All ER 775; [2004] 28 EGCS 177; [2004] NPC 108
 
Fairstate Ltd, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 1807 (Admin)
7 Jul 2004
Admn
Sullivan J
Planning

[ Bailii ]
 
Lough and others v First Secretary of State Bankside Developments Ltd [2004] EWCA Civ 905; Times, 29 July 2004; [2004] 1 WLR 2557
12 Jul 2004
CA
Lord Justice Pill Lord Justice Keene And Lord Justice Scott Baker
Planning, Human Rights
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights of amenity existed. Here the interference with rights was not by the state, but another private individual. Article 8 made no significant impact upon the task to be performed by the Inspector. The Inspector struck a balance which was entirely in accord with the requirements of Article 8 and the jurisprudence under it.
European Convention on Human Rights 8
1 Cites

1 Citers

[ Bailii ]
 
Thomas Bates and Son Ltd., Regina (on the Application of) v Secretary of State for Transport, Local Government and the Regions and Another [2004] EWHC 1818 (Admin)
13 Jul 2004
Admn

Planning

[ Bailii ]
 
Young and Another v First Secretary If State and Another [2004] EWHC 2167 (Admin)
16 Jul 2004
Admn

Planning

[ Bailii ]
 
Ashton, Regina (on the Application Of) v First Secretary of State and others [2004] EWHC 1855 (Admin)
19 Jul 2004
Admn

Planning

[ Bailii ]
 
Morbaine Ltd and Another v First Secretary of State and others [2004] EWHC 1708 (Admin)
19 Jul 2004
Admn

Planning

1 Cites

[ Bailii ]
 
Stanford v First Secretary of State and Another [2004] EWHC 1902 (Admin)
19 Jul 2004
Admn

Planning

[ Bailii ]
 
Bristol City Council, Regina (On the Application of) v First Secretary Of State and Others [2004] EWHC 1934 (Admin)
19 Jul 2004
Admn

Planning

[ Bailii ]
 
Regina on the Application of Co-Operative Group v Rushcliffe Borough Council, Six Continents Retail Ltd, Marks and Spencer Plc [2004] EWHC 1932 (Admin)
28 Jul 2004
QBD
Mr Justice Sullivan
Planning

[ Bailii ]
 
Stewart, Regina (on the Application of) v First Secretary of State for Environment and Another [2004] EWHC 2262 (Admin)
28 Jul 2004
Admn

Planning

1 Cites

[ Bailii ]
 
Burbury Investments Ltd v First Secretary of State and Another [2004] EWHC 2532 (Admin)
29 Jul 2004
Admn

Planning

[ Bailii ]
 
Maldon District Council v Hammond [2004] EWCA Civ 1073
30 Jul 2004
CA

Planning

[ Bailii ]
 
Mohammed Reza Ghadami v Harlow District Council-and -Sapphire Retail Fund Limited [2004] EWHC 1883 (Admin)
30 Jul 2004
Admn
Richards J
Planning

[ Bailii ]
 
National Anti-Vivisection Society v First Secretary of State [2004] EWHC 2074 (Admin)
30 Jul 2004
Admn

Planning

[ Bailii ]
 
Markets South West (Holdings) Ltd. v First Secretary of State and Another [2004] EWHC 1917 (Admin)
4 Aug 2004
Admn

Planning
Enforcement notice
[ Bailii ]

 
 Land and Property Ltd v Restormel Borough Council; LT 9-Aug-2004 - [2004] EWLands LCA_47_2002
 
Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc C-127/02; [2004] EUECJ C-127/02; [2005] Env LR 14; [2005] 2 CMLR 31; [2004] NPC 136; [2005] All ER (EC) 353; [2004] ECR-7405
7 Sep 2004
ECJ

Environment, Planning
ECJ Directive 92/43/EEC - Conservation of natural habitats and of wild flora and fauna - Concept of 'plan' or 'project' - Assessment of the implications of certain plans or projects for the protected site.
"other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources" - clearly applies to activities, such as mining or quarrying, or dragging for cockles.
1 Citers

[ Bailii ]
 
Legal and General Assurance Society Ltd, Regina (on the Application of) v Rushmoor Borough Council Pillar (Farnborough) Ltd [2004] EWHC 2094 (Admin)
9 Sep 2004
Admn
Collins J
Planning

1 Cites

[ Bailii ]
 
Regina (Legal and General Assurance Society Ltd) v Rushmoor Borough Council Pillar (Farnborough) Ltd [2004] EWHC 2094 (Admin)
9 Sep 2004
QBD
The Honourable Mr Justice Collins
Planning


 
South Cambridgeshire District Council v Persons Unknown [2004] EWCA Civ 1280; Times, 11 November 2004
17 Sep 2004
CA
Brooke and Clarke LJJ
Planning, Environment, Litigation Practice
The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site. Held: An injunction could properly be granted against persons unknown "causing or permitting hardcore to be deposited, caravans, mobile homes or other forms of residential accommodation to be stationed, or existing caravans or other mobile homes to be occupied on land" adjacent to a gypsy encampment in rural Cambridgeshire. The land adjoined a gipsy caravan site. The council had refused applications to allow infill development between such sites. The courts powers had clearly developed sufficiently to make an order of the kind sought in this kind of situation. Brooke LJ commented: "There was some difficulty in times gone by against obtaining relief against persons unknown, but over the years that problem has been remedied either by statute or by rule."
1 Cites

1 Citers

[ Bailii ]
 
Hamsher, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 2299 (Admin)
22 Sep 2004
Admn

Planning

[ Bailii ]
 
George Wimpey UK Ltd, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 2419 (Admin)
22 Sep 2004
Admn
Ouseley J
Planning, Land

1 Cites

[ Bailii ]
 
Cottle, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 2298 (Admin)
22 Sep 2004
Admn

Planning

[ Bailii ]
 
The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council [2004] EWCA Civ 1248; Times, 14 October 2004
29 Sep 2004
CA
The Right Honourable Lord Justice Auld, The Right Honourable Lord Justice Wall And The Honourable Mr Justice Pumfrey
Planning, Human Rights
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The planning guidance required authorities to provide sites, but against other planning priorities. The Inspector had found little planning impact from the unlawful development, and the effect on their family life substantial. Held: The judge had erred. The Inspector had correctly applied Article 8 rights.and without convert them into 'the broader proposition that the needs of gypsies "must be met".' (Auld LJ dissenting)
European Convention on Human Rights 8
1 Cites

1 Citers

[ Bailii ]
 
Redrow Homes Ltd. v First Secretary of State and Another [2004] EWCA Civ 1375
5 Oct 2004
CA

Planning
Interpretation of planning permission
[ Bailii ]
 
Macepark (Olbbury) Ltd., Regina (on the Application Of) v First Secretary of State [2004] EWHC 2396 (Admin)
7 Oct 2004
Admn

Planning

[ Bailii ]
 
Singh, Regina (on the Application Of) v First Secretary of State [2004] EWHC 2366 (Admin)
7 Oct 2004
Admn

Planning

[ Bailii ]
 
Next Group Plc v First Secretary of State [2004] EWHC 2373 (Admin)
11 Oct 2004
Admn

Planning

[ Bailii ]
 
Fidler v First Secretary of State, Reigate and Banstead Borough Council [2004] EWCA Civ 1295
12 Oct 2004
CA
Lord Justice Buxton Lord Justice Carnwath
Planning

[ Bailii ]
 
Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 2483 (Admin)
14 Oct 2004
Admn

Planning, Media, Landlord and Tenant
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the lease-like terms of the agreements, only licences had been granted since it was envisaged that the land owner could recover possession when required. The erection of the station was "expressed in the language of permissive use to place something on another's land, and not as the grant of a proprietary interest in, and exclusive possession of, land."
Town and Country Planning (Control of Advertisements) Regulations 1992 8 - Landlord and Tenant Act 1954
1 Cites

[ Bailii ]
 
Foster v Borough of Poole [2004] EWHC 2480 (Admin)
21 Oct 2004
Admn

Planning
A challenge to the Poole Local Plan First Revision.
[ Bailii ]
 
Secondsite Property Holdings Ltd v Borough of Poole [2004] EWHC 2526 (Admin)
22 Oct 2004
Admn

Planning
Objection to allocation of land to employment pool under local planning policy.
1 Cites

[ Bailii ]
 
Coates and others v South Buckinghamshire District Council [2004] EWCA Civ 1378; Times, 27 October 2004
22 Oct 2004
CA
Lord Phillips of Worth Matravers MR, Lord Justice Sedley and Lord Justice Nueberger
Planning, Human Rights
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the interference with their human rights. Held: "The judge's reasons should make clear to the parties why he has reached his decision. Where he has had to balance competing factors it will usually be possible to explain why he has concluded that some have outweighed others. Even where the competition is so unequal that the factors speak for themselves it is desirable to say so." The plight of Gypsies or others who travel in caravans with no permanent place to rest is an unhappy one. They can rightly complain that their plight reflects a failure on the part of some authorities to comply with their statutory duty to provide sites for such Travellers. That cannot, however, entitle them to stop wherever they choose and contend that their rights under Article 8 entitle them to remain. Here the factors that I have outlined make the overall picture particularly unattractive. The site chosen was a very sensitive part of the green belt. It was a site where Gypsies had already fought and lost a lengthy planning battle. The appeal was dismissed. Sedley LJ (dissenting) said: "While the history of contumacious defiance both of the planning regime and of the court's orders has placed the defendants in the worst possible position to ask for the court's help, these people, unlawfully and defiantly though they have behaved, at least have the excuse that for 25 years local authorities throughout England and Wales failed to carry out their statutory duty to provide proper sites in substitution for the commons they were energetically ditching and fencing against entry by caravans, and that central government failed consistently to exercise its statutory enforcement powers against these local authorities"
1 Cites

1 Citers

[ Bailii ]
 
Dartford Borough Council, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 2549 (Admin)
26 Oct 2004
Admn

Planning
Challenge to grant of permission for small gypsy caravan site.
[ Bailii ]
 
Entertainu Ltd, Regina (on the Application Of) v Secretary of State for Transport, Local Government and Regions and Another [2004] EWHC 2566 (Admin)
26 Oct 2004
Admn

Planning

1 Cites

1 Citers

[ Bailii ]
 
Leeds City Council, Regina (on the Application Of) v Secretary of State for Home Department [2004] EWHC 2477 (Admin)
27 Oct 2004
Admn

Planning
Enforcement Notice appeal
[ Bailii ]

 
 Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department; CA 28-Oct-2004 - Times, 04 November 2004; [2004] EWCA Civ 1420; [2005] 1 WLR 1128
 
Oxford City Council v The First Secretary of State and Another [2004] EWHC 2447 (Admin)
29 Oct 2004
Admn

Planning

[ Bailii ]
 
Smith v First Secretary of State and Another [2004] EWHC 2583 (Admin)
29 Oct 2004
Admn

Planning

[ Bailii ]
 
Wall, Regina (on the Application Of) v Brighton and Hove City Council [2004] EWHC 2582 (Admin)
2 Nov 2004
Admn

Planning

[ Bailii ]
 
Regina (Wall) v Brighton and Hove City Council Times, 16 November 2004
2 Nov 2004
QBD
Sullivan J
Planning
The notice granting planning permission did not state the relevant policies which had been applied in coming to the decision. Attempts had later been made to elicit the reasons from the committee members. Held: The grant of permission was quashed. The method by which the permission had been promulgated was unlawful. The rules required the information to be given to allow greater involvement of the public in the planning procedure. The officers might have taken the permission back to the same committee at the earliest opportunity to remedy the defenect, but that had not been done.
1 Cites


 
Swalecliffe Chalet Owners' Association, Regina (on the Application Of) v First Secretary of State [2004] EWHC 2666 (Admin)
4 Nov 2004
Admn

Planning

[ Bailii ]
 
Regina on the Application of Ian Richard Pridmore Jo-Anne Louise Pridmore Terence George Dodd Linda Dodd v Salisbury District Council [2004] EWHC 2511 (Admin)
5 Nov 2004
QBD
Mr Justice Newman
Planning
Challenge to grant of permission to erect a dwelling
[ Bailii ]
 
Basildon District Council, Regina (on the Application Of) v Temple [2004] EWHC 2759 (Admin)
8 Nov 2004
Admn

Planning

[ Bailii ]
 
Dowmunt-Iwaszkiewicz v First Secretary of State and Another [2004] EWHC 2537 (Admin)
10 Nov 2004
Admn

Planning

[ Bailii ]
 
Derbyshire Waste Ltd v Blewett and Another [2004] EWCA Civ 1508; Times, 12 November 2004
11 Nov 2004
CA
Auld LJ, Buxton LJ, Laws LJ
Planning, Environment
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted. Held: The intention of the Landfill Directive was to discourage its use other than as a last resort. Though the Directive was part of English law, by affecting the weight to be given to such considerations. That weight might still be overborne by other considerations. It was not a precondition of a landfill permission that it be the best practicable environmental option. In this cas the local authority had not prepared a waste management strategy, nor set down what it considered to be the best environmental option, and its decision was so seriously flawed as to have been unlawful.
Landfill Directive 1991/31/EC - Council Directive 75/442/EC on Waste
1 Cites

1 Citers

[ Bailii ]
 
Tthe Noble Organisation, Regina (on the Application Of) v Thanet District Council and others [2004] EWHC 2576 (Admin)
12 Nov 2004
Admn

Planning

[ Bailii ]
 
T-Mobile (UK) Ltd and Others v First Secretary of State Times, 16 November 2004; [2004] EWCA Civ 1763
12 Nov 2004
CA
Lord Justice Pill Lord Justice Mummery Lord Justice Laws
Planning
The claimants challenged refusal to grant permissions for the extensions of mobile phone masts. Held: The planning officer had taken account of public disquiet about the proposed masts, but had disregarded the official policy. In the absence of good reason for departing from a policy, a decision could not stand. There was sufficient reassurance that there would be no material harm to the living conditions of children at nearby schools.
[ Bailii ]
 
Petursson and Another v Hutchison 3G UK Ltd [2004] EWHC 2609 (TCC)
12 Nov 2004
TCC

Planning

[ Bailii ]
 
Tewksbury Borough Council v Keeley and others [2004] EWHC 2594 (QB)
12 Nov 2004
QBD
Jack J
Planning

[ Bailii ]
 
Dennis, Regina (on the Application Of) v Sevenoaks District Council [2004] EWHC 2758 (Admin)
12 Nov 2004
Admn

Planning

[ Bailii ]
 
Kemnal Manor Memorial Gardens Ltd v First Secretary of State and Another [2004] EWHC 2638 (Admin)
16 Nov 2004
Admn

Planning

[ Bailii ]
 
McKay, Regina (on the Application of) v the First Secretary of State [2004] EWHC 2778 (Admin)
18 Nov 2004
Admn

Planning
Validity of enforcement notice
1 Citers

[ Bailii ]
 
University College London, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 2846 (Admin)
24 Nov 2004
Admn

Planning

[ Bailii ]
 
Gilman, Regina (on the Application Of) v Rutland County Council and District Council [2004] EWHC 2792 (Admin)
25 Nov 2004
Admn

Planning
Tree Preservation Order
[ Bailii ]
 
Jackson, Regina (on the Application Of) v First Secretary of State and Another [2004] EWHC 2825 (Admin)
26 Nov 2004
Admn

Planning

[ Bailii ]
 
St Leger-Davey and Another v First Secretary of State and others [2004] EWCA Civ 1612; Times, 03 December 2004
1 Dec 2004
CA
Pill LJ, Laws LJ
Planning
The applicants challenged permission granted to erect mobile phone masts, saying that the operators should have made application to the County Court. Held: the provisions referred to allowed the company to follow a county court procedure where they wanted to impose a mast. The provisions did not impose any obligation on the company to follow that route: "Neither statute nor planning policy guidance enjoins an applicant in the position of Orange to apply to the County Court "
Telecommunications Act 1984 Sch 2 - Communications Act 2003
1 Cites

1 Citers

[ Bailii ]
 
Standard Commercial Property Securities Limited Standard Commercial Property Development Limited v City of Glasgow Council Atlas Investments Limited for Judicial Review [2004] ScotCS 260
3 Dec 2004
OHCS
Lord President And Lord Reed And Lord Kirkwood
Planning

Town and Country Planning (Scotland) Act 1997 191
1 Cites

1 Citers

[ Bailii ]
 
Kent, Regina (on the Application Of) v First Secretary of State and others [2004] EWHC 2953 (Admin)
3 Dec 2004
Admn

Planning

1 Cites

[ Bailii ]
 
Wirral Borough Council v Brock Plc [2004] EWCA Civ 1611
3 Dec 2004
CA
Potter, Lord Justice Potter Lord Justice Longmore
Planning

[ Bailii ]
 
South Cambridgeshire District Council v First Secretary of State and others [2004] EWHC 2933 (Admin)
15 Dec 2004
Admn

Planning

[ Bailii ]
 
Council for National Parks Ltd v the Pembrokeshire Coast National Park Authority [2004] EWHC 2907 (Admin)
17 Dec 2004
Admn

Planning

[ Bailii ]
 
Mid-Bedfordshire District Council v Thomas Brown and others [2004] EWCA Civ 1709; Times, 03 January 2005; [2005] 1 WLR 1460
20 Dec 2004
CA
Lord Phillips Of Worth Matravers, Mr Lord Justice Mummery And Lord Justice Jonathan Parker
Planning
The land owners, gypsies, had purchased agricultural land intending to occupy it as residential land in breach of green belt planning controls. The council had obtained an injunction, but appealed its suspension. Held: The council's appeal succeeded. The court had to balance several factors, but the land owners had acted in flagrant breach of court orders and planning controls. The difficulties and principals had been examined in the South Bucks case, and the question was whether the appellate court had power to intervene where, as here the judge at first instance had exercised his discretion to suspend the injunction pending the outcome of the planning application. The defendants were informed as to the steps they had to take to challenge the terms of the order, but had instead acted as if no order had been made. They had sought to steal a march on the council, and to undermine the court order. There was a real risk that the suspension of the order would appear to condone the breach, and would subvert the rule of law. In those circumstances it was proper to vary the injunction to give it immediate effect.
Mummery LJ said that suspension did allow for principle that court orders should be obeyed: "The proper course for the defendants to take, if they wished to challenge the order, was to apply to the court to discharge or modify the order. If that failed, the proper course was to seek to appeal. Instead of even attempting to follow the correct procedure, the defendants decided to press on as originally planned and as if no court order had ever been made. They cocked a snook at the court. They did so in order to steal a march on the council and to achieve the very state of affairs which the order was designed to prevent. No explanation or apology for the breaches of the court order was offered to the judge or to the court."
1 Cites

1 Citers

[ Bailii ]
 
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