Search Results for: Town and Country Planning Act 1990

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Panton and Farmer v Secretary of State for Environment , Transport and Regions and and Vale of White Horse District Council: Admn 16 Dec 1998

When granting a certificate of lawful use and development, the inspector should include uses as primary even though the uses as such may be dormant at the time of the application unless the suspension of use was as a result of a loss of the right in law. Citations: Times 21-Jan-1999, [1998] EWHC Admin 1138, … Continue reading Panton and Farmer v Secretary of State for Environment , Transport and Regions and and Vale of White Horse District Council: Admn 16 Dec 1998

Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year … Continue reading Suffolk Coastal District Council v Hopkins Homes Ltd and Another: SC 10 May 2017

Basingstoke and Deane Borough Council v The Secretary of State for the Environment, Barwood Developments Limited: Admn 17 Feb 1997

The landowners appealed a refusal to grant planning permission without there being included a condition which had been attached to an earlier permission, and which remained unfulfilled. The condition was, in effect, to allow sales from one proposed unit of bulky goods only. It was imposed in order to preserve the viability of the town … Continue reading Basingstoke and Deane Borough Council v The Secretary of State for the Environment, Barwood Developments Limited: Admn 17 Feb 1997

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

Nirah Holdings Ltd v British Agricultural Services Ltd and Another: ComC 11 Sep 2009

The parties entered into an option agreement giving the claimant a right to purchase the defendant’s land. The consideration would be affected by the costs of complying with a section 106 agreement to construct local ancillary services. The parties disputed whether the land owners were obliged to agree to the agreement requested. Held: The claim … Continue reading Nirah Holdings Ltd v British Agricultural Services Ltd and Another: ComC 11 Sep 2009

St Paul’s Development Ltd v Gateshead Metropolitan Borough Council and another: QBD 31 May 2000

The applicant sought residential use of one plot of land. The authority designated it for employment use, and took land out of the Green belt for housing. After a Unitary Development Plan enquiry, the applicant appealed again, and the inspector made certain findings and recommendations. The Authority went ahead with the UDP. Held: The Authority … Continue reading St Paul’s Development Ltd v Gateshead Metropolitan Borough Council and another: QBD 31 May 2000

Regent Lion Properties Limited v Westminster City Council: CA 1990

An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990

Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998

The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority issued an enforcement notice alleging a material change of use from residential to mixed … Continue reading Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998

J A Pye (Oxford) Ltd v South Gloucestershire District Council and Others: CA 29 Mar 2001

Where there was an agreement between an applicant and the planning authority under section 106 of the new Act, with respect the undertaking of work in return for the grant of planning permission, there was no requirement for there to be a direct link between the development and the works. If the agreement was entered … Continue reading J A Pye (Oxford) Ltd v South Gloucestershire District Council and Others: CA 29 Mar 2001

Croyden London Borough Council v Gladden and Others: CA 23 Feb 1994

The court could properly grant an interlocutory injunction ordering the removal of a plane (a replica Spitfire) from a roof in breach of planning controls under the Act. Citations: Times 23-Feb-1994, Ind Summary 28-Feb-1994, Gazette 27-Apr-1994, [1994] 1 PLR 30 Statutes: Town and Country Planning Act 1990 55(2)(d) 90 187(b) Jurisdiction: England and Wales Cited … Continue reading Croyden London Borough Council v Gladden and Others: CA 23 Feb 1994

British Railways Board v Secretary of State for the Environment and Another: HL 29 Oct 1993

Permission had been given for residential development of land provided that access was provided. The access specified was to be over land owned by the council. It was known that the Council would not allow such access. The land owner sought an order that the permission should stand but without the condition. The Secretary had … Continue reading British Railways Board v Secretary of State for the Environment and Another: HL 29 Oct 1993

Bridle v Secretary of State for the Environment Transport and the Regions: QBD 16 Nov 2000

The landowner had applied for and had been refused change of use from an agricultural building to residential land. He subsequently applied for similar permission in respect of a goat shed. The council failed to determine his application, and the inspector refused it. He alleged a failure to take proper account of the relevant development … Continue reading Bridle v Secretary of State for the Environment Transport and the Regions: QBD 16 Nov 2000

Anscomb v Secretary of State for Environment Transport and the Regions: QBD 22 Feb 2001

The claimant sought to object to an inspector’s decision to allow erection of a telecommunications mast. The failure of the inspector to consider potential health risks was not open to criticism because the claimant’s papers had made no reference to such risks. A technical report which might have been considered had not been submitted, and … Continue reading Anscomb v Secretary of State for Environment Transport and the Regions: QBD 22 Feb 2001

Allied London Property Investment Ltd v Secretary of State for the Environment and Another: QBD 8 Mar 1996

The applicant appealed the dismissal by the respondent of their application to the council for an extension of the time allowed for approval of reserved matters. Held: The appeal was granted. The reason for the delay had been a lack of interest in the proposed development, but when an application was made under the section, … Continue reading Allied London Property Investment Ltd v Secretary of State for the Environment and Another: QBD 8 Mar 1996

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

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 … Continue reading Alnwick District Council v Secretary of State for the Environment, Transport and the Regions and Another: QBD 8 Sep 1999

Clarke v Secretary of State for the Environment, Transport and the Regions and Another: QBD 9 Oct 2001

When assessing whether a gypsy should be granted planning permission to park his caravan on a site, the authority could not take into account the fact that he had earlier refused an offer of permanent housing, where acceptance of that offer would have been contrary to the applicant’s traditional way of life. The appellant and … Continue reading Clarke v Secretary of State for the Environment, Transport and the Regions and Another: QBD 9 Oct 2001

Swayfields Ltd v Secretary of State for Environment Transport and the Regions and Another: QBD 4 Sep 2001

The applicant submitted three plans for motorway service areas. Each was in the green belt. The inspector rejected two, but referred the first for further consideration. The decision was confirmed by the respondent. The appellant contended that that it was unreasonable to make a final decision rejecting the alternative when the referral had not been … Continue reading Swayfields Ltd v Secretary of State for Environment Transport and the Regions and Another: QBD 4 Sep 2001

Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: QBD 25 Oct 2001

The owners of a rugby football stadium were not entitled to a certificate of lawfulness of a proposed use under the section, for the use of the stadium as an open air concert hall. The idea of a concert hall required the idea that it should be a closed area. Nor were attendees at such … Continue reading Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: QBD 25 Oct 2001

Tandridge District Council v Verrechia: CA 16 Jun 1999

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. Citations: Times 16-Jun-1999, Gazette 16-Jun-1999, [1999] 3 All ER 247 Statutes: Town … Continue reading Tandridge District Council v Verrechia: CA 16 Jun 1999

Regina v Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council: CA 3 Jun 1999

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 … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council: CA 3 Jun 1999

Hyde Park Residence Ltd v Secretary of State for et Environment Transport and the Regions and Another: CA 14 Mar 2000

An Act might include a power to amend another by secondary legislation, but any such power must be construed narrowly. The owners of property sought to change its use from long term residential use to a use for short term visitors. S25 of the main Act remained unaffected by subsequent secondary legislation. Citations: Times 14-Mar-2000 … Continue reading Hyde Park Residence Ltd v Secretary of State for et Environment Transport and the Regions and Another: CA 14 Mar 2000

Hawkins v Secretary of State for the Environment Transport and the Regions and Another: QBD 25 May 2000

The applicant sought permission to continue to use a dwelling in breach of an agricultural occupation restriction. There was no evidence that the property had no realistic prospect of sale subject to the condition, and the inspector found that the restriction had not outlived its usefulness. The inspector was entitled to make a judgment as … Continue reading Hawkins v Secretary of State for the Environment Transport and the Regions and Another: QBD 25 May 2000

Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994

Three companies competed for permission to build a retail food superstore in Witney. The inspector recommended Tesco’s proposal, but the SSE set aside the inspector’s decision in favour of the local authority’s preference. Tesco sought a declaration quashing the decision letter. It said that insufficent allowance had been given to its offer of funding for … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994

Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Secretary of State for the Environment, Transport and the Regions and another v Thurrock Borough Council: CA 27 Feb 2002

Land on a farm had been used intermittently for many years as an airfield. The local authority issued two enforcement notices, one in respect of a building used as a hangar, and one for unlawful change of use from domestic and agricultural purposes to use for domestic purposes and as an airfield. The inspector allowed … Continue reading Secretary of State for the Environment, Transport and the Regions and another v Thurrock Borough Council: CA 27 Feb 2002

Bedford Borough Council v Secretary of State for the Environment, Transport and the Regions et Al: QBD 24 Feb 1999

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. Citations: Gazette 24-Feb-1999 Statutes: Town and Country Planning Act 1990 54A Jurisdiction: England … Continue reading Bedford Borough Council v Secretary of State for the Environment, Transport and the Regions et Al: QBD 24 Feb 1999

Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982

The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to oblige the chief constable to provide the level of support requested. Held: The … Continue reading Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982

Gates Hydraulics Ltd, Regina (On the Application of) v Secretary Of State for Communities and Local Government: Admn 21 Jul 2009

Application under section 288 of the Town and Country Planning Act 1990 quashing the decision of the Inspector appointed by the first respondent, dismissing the application for residential and Class B and employment development Citations: [2009] EWHC 2187 (Admin) Links: Bailii Jurisdiction: England and Wales Planning Updated: 07 May 2022; Ref: scu.374379

Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993

The parties disputed what constituted an application under section 288 of the 1990 Act. Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the court rules. The Inspector’s letter was not sufficiently clear as to whether permission was being … Continue reading Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993

Regina v Exeter City Council, ex parte JL Thomas Co Ltd: 1990

A challenge was made to a decision of the local authority to grant planning permission for an area of land for residential development where it was surrounded by industrial works. It had no intention to arrange compulsory purchase. Held: The request for judicial review failed. The fact that the authority did not intend to use … Continue reading Regina v Exeter City Council, ex parte JL Thomas Co Ltd: 1990

Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990

Nicholls LJ discussed the nature and enforcement of agreements under section 106 of the 1990 Act, saying: ‘A section 106 agreement may be enforced against the original covenantor in contract, and against successors in title to the original convenantor by virtue of sub.(2). Enforcement is a matter solely for the local planning authority, and there … Continue reading Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990

London Residuary Body v Lambeth London Borough Council: HL 1990

Planning battles had raged over the use of the former GLC County Hall. The question was whether it was desirable and appropriate to retain use of part of the building for London Government offices and centred on the ‘competing needs’ test. Held: County Hall in London was not an office use, but was a Local … Continue reading London Residuary Body v Lambeth London Borough Council: HL 1990

Patel and others v Brent London Borough Council: ChD 7 Apr 2004

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 … Continue reading Patel and others v Brent London Borough Council: ChD 7 Apr 2004

Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002

The applicant sought to allow the roof of its store to be used as a helicopter landing pad, and sought a lawful use certificate. It asserted that such a use was incidental to its main normal use. The secretary of state refused a certificate, against the inspector’s advice, saying that such a use was not … Continue reading Harrods Ltd v Secretary of State for the Environment, Transport and the Regions and Another: CA 7 Mar 2002

London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order. Held: The court noted that no person had yet been served with any documents, and that the legal landscape … Continue reading London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

Richmond Upon Thames London Borough Council v Secretary of State for Environment Transport and the Regions and Another: QBD 15 Mar 2001

A larch tree overhung a garden, but was protected by a tree preservation order. The inspector declined authority to lop it on the basis of its value to the amenity. The Secretary overruled this but his decision was, in turn, set aside by the court on the basis that it was first too indistinct to … Continue reading Richmond Upon Thames London Borough Council v Secretary of State for Environment Transport and the Regions and Another: QBD 15 Mar 2001

London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019

The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019

Ineos Upstream Ltd and Others v Persons Unknown and Others: ChD 23 Nov 2017

The claimant sought an injunction expressed to be against unknown persons. Held: Morgan J expressed a degree of concern about orders having this effect, but concluded that (particularly in light of the South Cambridgeshire decision) this procedure was now open to claimants in cases outside section 187B of the Town and Country Planning Act 1990: … Continue reading Ineos Upstream Ltd and Others v Persons Unknown and Others: ChD 23 Nov 2017

Sefton Metropolitan Borough Council v Secretary of State for the Environment, Transport and the Regions and another: Admn 25 Jun 2002

The land had had general B2 industrial use permission. Over the previous 4 years, it had begun to be used for the dismantling of vehicles. The inspector granted the permission seeking to impose conditions to ensure that it would be environmentally sensitive. The claimants challenged this on the basis that a reverter to the original … Continue reading Sefton Metropolitan Borough Council v Secretary of State for the Environment, Transport and the Regions and another: Admn 25 Jun 2002

Cresswell and Cresswell v Pearson: Admn 20 Mar 1997

The grant of a temporary planning permission for a use that has previously been the subject of an enforcement notice has the effect of discharging the enforcement notice for all time, in so far as it relates to that use, rather than merely for the period for which the temporary planning permission is in force. … Continue reading Cresswell and Cresswell v Pearson: Admn 20 Mar 1997

London Borough of Lambeth v Secretary of State for Communities and Local Government and Others: CA 20 Apr 2018

The parties disputed the validity of the time-limit condition (condition 1), which required the ‘development to which this permission relates’ to be begun within three years. Held: The Court upheld the inspector’s decision that this condition was invalid, in circumstances where the relevant ‘development’ had been carried out many years before. Lewison LJ said: ‘I … Continue reading London Borough of Lambeth v Secretary of State for Communities and Local Government and Others: CA 20 Apr 2018

Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002

Planning permission was granted subject to conditions. Later one condition was lifted on a renewed application. It referred to the earlier permission, but not the earlier conditions explicitly. Held: The permission was not clear, and therefore reference to other documents was permitted, In that context, the application defined itself in terms of the earlier application, … Continue reading Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002

Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998

An application was made under section 73 to develop land without compliance with conditions previously attached to a planning permission, the relevant condition being that the development commence within five years of the date of planning permission. Held: A Local Authority was correct to refuse to extend the time for the commencement of a development … Continue reading Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998

Windsor and Maidenhead Royal Borough Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 15 Feb 2001

The applicant sought permission to demolish two buildings and erect offices. One part of one building had permission for A2 office use, and on appeal, the inspector found that change of use had been implemented. The claimant asserted that this was only a fallback permission, and the inspector had to allow for the applicant’s ability … Continue reading Windsor and Maidenhead Royal Borough Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 15 Feb 2001

Regina v City of London Corporation and Another Ex Parte Mystery of the Barbers of London: QBD 28 Jun 1996

The authority acquired several plots of land at different times, some compulsorily, and others pursuant to purchase notice. It granted a lease to the second respondent who built on it. In 1969 the Council granted the applicants an area of adjoining land and by the transfer covenanted not to interfere with light or air passing … Continue reading Regina v City of London Corporation and Another Ex Parte Mystery of the Barbers of London: QBD 28 Jun 1996

Regina (Trustees of the Friends of the Lake District) v Secretary of State for Environment Transport and the Regions and Another etc: QBD 17 May 2001

The Secretary of State has the power to withdraw his decision to call in an application for planning permission under the section, where the application had seemed to raise planning issues of wider than local importance. Such a power was necessarily implied into the section, because otherwise he would be compelled to continue and make … Continue reading Regina (Trustees of the Friends of the Lake District) v Secretary of State for Environment Transport and the Regions and Another etc: QBD 17 May 2001

Racepeak Ltd v Secretary of State for Environment Transport and the Regions: QBD 5 Jul 2001

The applicant sought permission to develop former stables as low cost housing. The inspector refused on the basis that the policies regarding preservation of racing facilities in the area had been incorporated within the relevant plans, and that these were the necessary starting point for his examination. An appeal failed. The inspector’s decision was a … Continue reading Racepeak Ltd v Secretary of State for Environment Transport and the Regions: QBD 5 Jul 2001

Kingsley v Secretary of State for the Environment Transport and the Regions and Another: QBD 23 Nov 2000

The applicant owned land in the green belt. The local authority set out a structure plan proposing 5,000 homes in the green belt. The applicant sought amendments to increase the number saying there was insufficient urban land. An examination-in-public panel proposed the original number and the local authority confirmed it. The applicant sought a review … Continue reading Kingsley v Secretary of State for the Environment Transport and the Regions and Another: QBD 23 Nov 2000

JS Bloor (Measham) Ltd v Secretary of State for Environment Transport and the Regions: QBD 12 Jul 2001

The applicant sought permission to build houses. The application was not determined, and the applicant took it to an inquiry. The Authority objected to the extent of the development, suggesting that two houses only was appropriate. Other objectors suggested that no development should be allowed under policies H14 and GE4. The inspector’s refusal was overturned … Continue reading JS Bloor (Measham) Ltd v Secretary of State for Environment Transport and the Regions: QBD 12 Jul 2001

Hambleton District Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Nov 2000

The appellant challenged the decision of a planning inspector considering an enforcement notice with regard to the siting of a residential caravan on land that other suitable accommodation was not available in the area. The only evidence was a site visit. That visit could not support such a finding. A second decision to vary an … Continue reading Hambleton District Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Nov 2000

Forte Ltd v Secretary of State for the Environment Transport and the Regions and Another: QBD 14 Apr 2000

An inspector refused the applicant’s appeal after refusal of permission for Travelodge, finding that the proposed development was not an employment use within the structure plan and the local plan, but it did impact on the supply of land for business industry and warehousing, and the need for this type of development did not outweigh … Continue reading Forte Ltd v Secretary of State for the Environment Transport and the Regions and Another: QBD 14 Apr 2000

Boyle v Secretary of State for the Environment Transport and the Regions and An: QBD 21 Apr 1999

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. Citations: Gazette 21-Apr-1999 Statutes: Town and Country Planning Act 1990 288 Planning Updated: 08 April 2022; … Continue reading Boyle v Secretary of State for the Environment Transport and the Regions and An: QBD 21 Apr 1999

Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

The court considered an application by a developer under section 106BA to modify the requirement so that a payment for the provision of affordable housing is deleted, and its succeeding in an appeal to the Defendant Secretary of State under section 106BC of the Act. Judges: Gilbart J Citations: [2016] EWHC 644 (Admin) Links: Bailii … Continue reading Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

Stevens, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 25 Oct 2016

Renewed application for permission to apply for a statutory review pursuant to Section 288 of the Town and Country Planning Act 1990 of a decision dismissing an appeal against a refusal of planning permission for the change of use of land Judges: Garnham J Citations: [2016] EWHC 3737 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Stevens, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 25 Oct 2016

Arnold and Another v Secretary of State for Communities and Local Government and Another: CA 31 Mar 2017

‘Did an inspector determining appeals against an enforcement notice under section 174(2) of the Town and Country Planning Act 1990 fail lawfully to consider ‘alternatives’ to the development against which the enforcement action had been taken?’ Judges: David, Lindblom LJJ Citations: [2017] EWCA Civ 231 Links: Bailii Jurisdiction: England and Wales Planning Updated: 24 March … Continue reading Arnold and Another v Secretary of State for Communities and Local Government and Another: CA 31 Mar 2017

McEvoy and Another v Warwickshire County Council: UTLC 26 Oct 2020

Compensation – Blight Notice – preliminary issue – whether blighted land – detached bungalow said by claimants to be blighted by proposed A5 by-pass – whether identified for the purposes of a relevant public function in a development plan document – Town and Country Planning Act 1990 section 151(4)(a) Citations: [2020] UKUT 276 (LC) Links: … Continue reading McEvoy and Another v Warwickshire County Council: UTLC 26 Oct 2020

Swindell v Revenue and Customs (VAT – Builders : Do -It-Yourself): FTTTx 1 Feb 2017

FTTTx VAT – DIY self-build scheme – section 35A VATA94 and note 2(c) to Group 5, Schedule 8 VATA94 – whether the separate disposal of the dwelling was prohibited by the terms of a covenant under section 106 Town and Country Planning Act 1990 – terms of covenant considered – held they prohibit a separate … Continue reading Swindell v Revenue and Customs (VAT – Builders : Do -It-Yourself): FTTTx 1 Feb 2017

O’Flynn v Secretary of State for Communities and Local Government and Another: Admn 17 Nov 2016

The Claimant applied under section 288 of the TCPA 1990 to quash the decision of the First Defendant, made on his behalf by an Inspector, in which he dismissed the Claimant’s appeal from the Second Defendant’s refusal to grant him a certificate of lawful existing use or development, pursuant to section 191 TCPA 1990. Lang … Continue reading O’Flynn v Secretary of State for Communities and Local Government and Another: Admn 17 Nov 2016

South Oxfordshire District Council v Secretary of State for the Environment Transport and the Regions and another: QBD 13 Jan 2000

Extensive grounds of a house had permissions subject to a condition that they should not be used for landing etc of helicopters. For several years the owner flew helicopters from the property relying upon provisions allowing temporary use. His application for permanent permission was refused. The appeal failed because the inspector had properly assessed the … Continue reading South Oxfordshire District Council v Secretary of State for the Environment Transport and the Regions and another: QBD 13 Jan 2000

St George Developments Ltd and Another v Secretary of State for Environment and Another: QBD 31 Oct 1994

The company already had outline permission for a residential development at Kew Gardens. Two schemes were submitted. On one, the council failed to reach a timely determination, and it refused the other. The developers appealed to the Secretary of State. Held: The appeal failed. Section 54A applied also to an appeal against refusal of matters … Continue reading St George Developments Ltd and Another v Secretary of State for Environment and Another: QBD 31 Oct 1994

Bond and Others v Dorset County Council: UTLC 11 Oct 2010

UTLC COMPENSATION – modification order – preliminary issue – leaseholder claimant – freeholder granting lease to another person on expiry of claimant’s lease – whether compensation could be claimed on basis that in the absence of the modification a new lease would have been granted to the claimant – held that it could not – … Continue reading Bond and Others v Dorset County Council: UTLC 11 Oct 2010

Burge and Another v South Gloucestershire Council: UTLC 27 Jul 2016

UTLC COMPENSATION – Tree Preservation Order – cracks appearing in conservatory – refusal of consent to fell oak tree on adjoining land – claim for cost of rebuilding conservatory – whether loss or damage reasonably foreseeable when consent refused – whether loss or damage foreseeable by claimants when conservatory erected – compensation awarded at andpound;25,000 … Continue reading Burge and Another v South Gloucestershire Council: UTLC 27 Jul 2016

Ronald M Duguid v Secretary of State for Environment, Transport and Regions West Lindsey District Council: CA 28 Jul 2000

Issue as to ‘arguable point on new provisions of (the Town and Country Planning Act 1990) of some general importance’ to a recurrent problem of how to safeguard an established or permitted use of land to which a landowner could revert after an enforcement notice had required him to discontinue other uses of the land … Continue reading Ronald M Duguid v Secretary of State for Environment, Transport and Regions West Lindsey District Council: CA 28 Jul 2000

Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder’s rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste … Continue reading Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

London Borough of Newham v Miah and Another: Admn 6 May 2016

The appellant Council, appealed by way of case stated against the decision of lay justices to acquit the first respondent of two offences of breaching an enforcement notice it had issued against the change of use of a property to two self-contained flats without planning permission. Cranston J [2016] EWHC 1043 (Admin) Bailii Town and … Continue reading London Borough of Newham v Miah and Another: Admn 6 May 2016

Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014

UTLC COMPENSATION – preliminary issues – Town and Country Planning Act 1990 ss. 97 and 107 – basis for calculation of compensation – 1951 planning permission for mining on Portland – permission becoming subject to procedure for the review of old mineral planning permissions (ROMP) under Environment Act 1995 Sched. 13 – designation of part … Continue reading Portland Stone Firms Ltd and Another v Dorset County Council: UTLC 4 Dec 2014

Watson v Revenue and Customs: FTTTx 22 Oct 2010

VALUE ADDED TAX – Refund on construction of building – Original planning permission for annex – Building Control required further work to be done on basis was new dwelling – Appellant carried out works – Retrospective planning permission for new dwelling granted – Local authority would not use its powers under s.73A of the Town … Continue reading Watson v Revenue and Customs: FTTTx 22 Oct 2010

London Borough of Wandsworth v Mills and Allen Ltd and Another: Admn 5 Sep 1997

The Council sought orders to restrain the defendants from using certain land for the display of advertisements. Moriarty QC [1997] EWHC Admin 800 Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Town and Country Planning (Control of Advertisements) Regulations 1992 England and Wales Planning Updated: 03 January 2022; Ref: scu.137745

Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015

The grant of a permission to appeal on a second occasion was not to be quashed under the 1999 Act. John Howell QC HHJ [2015] EWHC 2094 (Admin), [2015] WLR(D) 319, [2015] 1 WLR 4333 Bailii, WLRD Access to Justice Act 1999 55(1), Town and Country Planning Act 1990 289(6) Planning, Litigation Practice Updated: 02 … Continue reading Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015

MH Services Ltd v Secretary of State for The Environment, Transport and The: Admn 14 Feb 2002

Application under Section 288 of the Town and Country Planning Act 1990 to quash the decision of an inspector whereby he upheld the refusal of planning permission to the applicants to erect a dwelling on land in Allendale in an area of outstanding natural beauty. The inspector treated the application as one for a new … Continue reading MH Services Ltd v Secretary of State for The Environment, Transport and The: Admn 14 Feb 2002

Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014

A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission. Held: As a matter of law, the developer was, after the reserved matters approval perfected the Second Planning Permission, able to elect … Continue reading Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014

East Riding of Yorkshire Council v Secretary of State for Levelling Up, Housing and Communities and Another: Admn 2 Dec 2021

Two claims for statutory review bought pursuant to section 288 of The Town and Country Planning Act 1990 in relation to two decisions following appeals conducted by way of public inquiry in respect of two refusals of planning permission by the claimant. The Honourable Mr Justice Dove [2021] EWHC 3271 (Admin) Bailii England and Wales … Continue reading East Riding of Yorkshire Council v Secretary of State for Levelling Up, Housing and Communities and Another: Admn 2 Dec 2021

Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another: Admn 4 Jul 2003

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 … Continue reading Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another: Admn 4 Jul 2003

Flynn and Another v Secretary of State for Communities and Local Government and Another: Admn 20 Feb 2014

The claimant travellers had been moved from one site, and retationed their caravans on a nearby track. The Council served an enforcement notice alleging unlawful change of use to residential purposes. The Claimants contended that the decision was unlawful in that the Defendant failed to consider whether Mrs Flynn was a relevant occupier as she … Continue reading Flynn and Another v Secretary of State for Communities and Local Government and Another: Admn 20 Feb 2014

Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014