Application under section 288 of the Town and Country Planning 1990 (1990 Act) to quash a decision letter on the part of an inspector appointed by the First Defendant to hear an appeal lodged by the applicant under section 195 of the 1990 Act against refusal on the part of the Second Defendant to grant … Continue reading Royal London Mutual Insurance Society Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 16 Oct 2013
Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. Lady Clark of Calton [2013] ScotCS CSOH – 158 Bailii Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) … Continue reading Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013
The land-owner sought an existing use cerificate for the Dunsford Park Aerodrome. Foskett J [2013] EWHC 1878 (Admin) Bailii Town and Country Planning Act 1990 Planning Updated: 15 November 2021; Ref: scu.512131
The complainant has requested information contained in the Town and Country Planning Act 1990 and the Town and Country Planning (Use Classes) Order 1987 (as amended). The Commissioner finds that the requested information is reasonably accessible to the public as it is contained in published legislation. The Commissioner has therefore decided that the Planning Inspectorate … Continue reading Planning Inspectorate (Central Government): ICO 15 Jul 2015
The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act. Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are enforceable at the instance of the Authority only and not by third … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable. Held: Reviews could be contracted out. The court could ‘not see that … Continue reading Heald and Others v London Borough of Brent: CA 20 Aug 2009
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
The Council had granted planning permission for four student housing units. The Executive complained that they were too near to a liquified gas storage depot. The Court was now asked whether the impact of any compensation which might be payable on any revocation of the consent was a proper material consideration for the Council in … Continue reading The Health and Safety Executive v Wolverhampton City Council: SC 18 Jul 2012
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land. Held: The application succeeded. Having examined the case law the need for committal was established. The defendant was to … Continue reading Broxbourne Borough Council v Robb and Others: QBD 27 Jun 2011
The claimant sought to challenge permission given for a new M6 link road.
Held: The objection was unarguable and was dismissed. There was a need to introduce a requirement for prior consent to applications under section 288. . .
Challenge to deemed grant of planning permission for wind farm. . .
The landowner appealed against an enforcement notice, saying that though she kept a large number of dogs (44), this was for domestic pleasure purposes, and was only incidental to the use as a private domestic dwelling.
Held: The appeal failed. . .
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
‘The question raised by this claim for judicial review is whether or not an application may be made under section 73 of the Town and Country Planning Act 1990 (‘the 1990 Act’) for the grant of planning permission for the development of land without . .
BLIGHT NOTICE – Hinkley Point C Connection Project – rights acquired over garden and out building of house in rural location – existing pylons to be removed – new pylons and underground high voltage cables to be installed – whether property blighted . .
The council appealed against the inspector’s decision to quash its enforcement notice. The land-owner occupied a wooden structure which he said was a caravan, but the council said was a residence and an unlawful change of use of agricultural land. . .
A justified expectation of crime can be valid ground affecting planning decision. . .
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
UTTC VALUE ADDED TAX – Repayment claim under DIY Builders’ and Converters’ VAT Refund Scheme – claim refused by HMRC – appeal allowed by First-tier Tribunal – whether VATA s 35 and VAT Regulations 1995 reg 201 . .
The claimants challenged the grant of planning permission for neighbouring land. . .
Application under section 288 of the Town and Country Planning Act 1990 to quash a decision of one of the first defendant’s inspectors contained in a decision letter dismissing the claimant’s appeal against the second defendant’s refusal to grant . .
What was the effect of a planning committee’s resolution to grant planning permission for a major mixed-use development, subject to the applicant entering into ‘an appropriate legal agreement’ under section 106 of the Town and Country Planning Act . .
COMPENSATION – BLIGHT NOTICE – material date for consideration of appropriate authority’s objection – whether appropriate authority’s additional words by way of an ‘informative’ to statutory ground of objection made his counter-notice invalid – . .
References: [2014] UKUT 361 (TCC) Links: Bailii UTTC VALUE ADDED TAX – Repayment claim under DIY Builders’ and Converters’ VAT Refund Scheme – claim refused by HMRC – appeal allowed by First-tier Tribunal – whether VATA s 35 and VAT Regulations 1995 reg 201 satisfied – whether permission pursuant to s 73A Town and Country … Continue reading Revenue and Customs v Patel; UTTC 7 Aug 2014
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Application under section 288 of the Town and Country Planning Act 1990 to quash a decision of the Secretary of State, contained in a decision letter to refuse planning permission for a hotel, golf club house, driving range and community centre at . .
How does the 10-year time limit in s.171B(3) of the Town and Country Planning Act 1990 (‘TCPA 1990’) for the taking of enforcement action apply to a breach of condition in a planning permission? What is the legal nature of the right which accrues . .
A Local Authority has no power to change a tree preservation order to ‘woodland’ on the making of the order. Citations: Times 18-Jul-1995 Statutes: Town and Country Planning Act 1990 199-1 Jurisdiction: England and Wales Environment, Land, Local Government Updated: 21 January 2023; Ref: scu.80390
The complainant has requested information , generated by the prosecution of offences under section 179 of The Town and Country Planning Act 1990 , by London Borough of Haringey Council. The Commissioner’s decision is that London Borough of Haringey Council correctly relied on section 12 (costs) not to meet the complainant’s request for information . … Continue reading London Borough of Haringey (Local Government): ICO 20 Oct 2021
Secretary of State may take accounts of events after original decision when taking appeal. Citations: Times 10-Feb-1995 Statutes: Town and Country Planning Act 1990 Sch 9 #3 Jurisdiction: England and Wales Planning Updated: 09 December 2022; Ref: scu.87977
Challenge to blight notice Citations: [2008] EWCA Civ 1109 Links: Bailii Statutes: Town and Country Planning Act 1990 149(2) Jurisdiction: England and Wales Land, Planning Updated: 07 December 2022; Ref: scu.380348
A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was … Continue reading Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999
Single short point about the interpretation and effect of section 61N of the Town and Country Planning Act 1990 (‘the TCPA’), which is headed ‘Legal challenges in relation to neighbourhood development orders’. Judges: Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Sales, Lord Stephens Citations: [2021] UKSC 18 Links: Bailii, Bailii Press Summary, Bli Issues and … Continue reading Fylde Coast Farms Ltd, Regina (on The Application of) v Fylde Borough Council: SC 14 May 2021
How should one understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan? Judges: Lord Justice Lewison, Lord Justice Lindblom, Lady Justice Rose Citations: [2019] EWCA Civ 1152 Links: Bailii Jurisdiction: … Continue reading Oyston Estates Ltd, Regina (on The Application of) v Fylde Borough Council: CA 5 Jul 2019
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
Judges: The Hon Mrs Justice Steyn DBE Citations: [2022] EWHC 2806 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 225A Jurisdiction: England and Wales Planning Updated: 17 November 2022; Ref: scu.682467
Local Authority may challenge own grant of permission by application for judicial review where application tainted to avoid compensation. Citations: Times 18-Dec-1997 Statutes: Town and Country Planning Act 1990 97 Jurisdiction: England and Wales Planning Updated: 13 November 2022; Ref: scu.86103
A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission. Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission … Continue reading Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 1997
The complainants challenged a decision to grant planning permission to develop houses on land neighbouring theirs. They owned a substantial proportion of land in the neighbourhood, and they were not bringing enough land forward to allow fulfillment of perceived requirements. Held: Such permission could only be granted, because of its position, in exceptional circumstances. In … Continue reading Oxton Farms, Samuel Smith Old Brewery (Tadcaster) v Selby District Council, Persimmon Homes (Yorkshire) Limited: CA 18 Apr 1997
The use of a tethered barge as a heliport constituted a change of use of the land under the river. Citations: Times 10-Dec-1996, [1996] EWCA Civ 1063 Statutes: Town and Country Planning Act 1990 55 Jurisdiction: England and Wales Citing: Cited – The Carlgarth 1927 Scrutton LJ said: ‘When you invite a person into your … Continue reading Thames Heliport Plc v London Borough of Tower Hamlets: CA 28 Nov 1996
UTLC COMPENSATION – tree preservation order – cracks appearing in house – refusal of consent to fell robinia in adjoining garden – claim for costs of underpinning works – the basis for determining causation and foreseeability – whether need for underpinning caused by robinia – whether loss or damage reasonably foreseeable when consent refused – … Continue reading Free Grammar School of John Lyon v City of Westminster Council: UTLC 3 May 2012
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
An action for a occupancy in breach of a planning consent remained enforceable after the 4 year limitation period. Citations: Times 19-Jul-1993, Independent 16-Jul-1993 Statutes: Town and Country Planning Act 1990 172(4) Jurisdiction: England and Wales Planning Updated: 26 October 2022; Ref: scu.84273
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000
Citations: [2010] EWHC 1618 (Admin), [2011] PTSR 381 Links: Bailii Statutes: Town and Country Planning (Control of Advertisements) (England) Regulations 2007 4 30, Town and Country Planning Act 1990 224 Jurisdiction: England and Wales Planning, Crime Updated: 04 October 2022; Ref: scu.420423
The developer appealed against refusal of an order releasing it from undertakings given to the local authority under section 106. Judges: Pill, Rimer, Munby LJJ Citations: [2011] EWCA Civ 1062 Links: Bailii Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Planning Updated: 20 September 2022; Ref: scu.444598
Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local community. Held: The appeal failed.Davis LJ gave a short concurring judgment to emphasise … Continue reading Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd: CA 14 Dec 2017
Judges: Mr Justice Bourne Citations: [2020] EWHC 3529 (QB), [2020] WLR(D) 698 Links: Bailii, WLRD Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Land, Planning Updated: 03 September 2022; Ref: scu.656925
Referendum for neighbourhood development plan. Judges: Foskett J Citations: [2015] EWHC 2311 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 Sch 4B Jurisdiction: England and Wales Planning Updated: 03 September 2022; Ref: scu.550948
The court considered the availability, in private law proceedings between non-contracting parties, of a declaration on the meaning and effect of a planning obligation in a deed made pursuant to provisions in the planning legislation. Judges: Mummery, Moore-Bick, Jackson LJJ Citations: [2011] EWCA Civ 270 Links: Bailii Statutes: Town and Country Planning Act 1990 106 … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council: CA 17 Mar 2011
The claimant sought judicial review of the defendants refusal to release it from a unilateral undertaking they had given. Judges: David Pearl J Citations: [2011] EWHC 6 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Planning Updated: 31 August 2022; Ref: scu.428075
LT COMPENSATION – planning permission – refusal of planning permission formerly granted by development order – inability to construct a stock proof fence – whether depreciation in the value of the claimant’s freehold interest – nil compensation awarded – Town and Country Planning Act 1990 ssl07 and 108 – Town and Country Planning (General Permitted … Continue reading Lancaster-Thomas v Teignbridge District Council: LT 18 Jun 2007
LT BLIGHT NOTICE – preliminary issue – house – whether claimant company has a qualifying interest – meaning of owner-occupier – counter-notice of respondent upheld – Town and Country Planning Act 1990 section 168. Judges: A J Trott FRICS Citations: [2008] EWLands BNO – 205 – 2006 Links: Bailii Jurisdiction: England and Wales Land Updated: … Continue reading Aardvark Sre Ltd v Sedgefield Borough Council: LT 5 Feb 2008
Claim for a declaration as to the meaning of an agreement made under section 106 of the Town and Country Planning Act 1990 Judges: Swift J DBE Citations: [2010] EWHC 3095 (QB), [2011] PTSR D8 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 August 2022; Ref: … Continue reading Hampshire County Council v Beazer Homes Ltd: QBD 29 Nov 2010
BLIGHT NOTICE – land protected from development by proposals for a relief road – whether blight notice and counter-notice valid and if counter-notice valid, whether that objection to blight notice well founded – determined blight notice and counter-notice valid but counter- notice not well founded – Town and Country Planning Act 1990 sections 150(1)(b) and … Continue reading Gennard v Bridgnorth District Council: LT 19 Nov 2004
Citations: [2002] EWCA Crim 753 Links: Bailii Statutes: Town and Country Planning Act 1990 179(2) Jurisdiction: England and Wales Crime Updated: 11 August 2022; Ref: scu.657493
Appeal by case stated from rejection of complaint of breach of enforcement notice. Citations: [2014] EWHC 4550 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 179(1) Jurisdiction: England and Wales Planning Updated: 11 August 2022; Ref: scu.542579
Application for judicial review of authority’s decision not to take enforcement action. Judges: Collins J Citations: [2007] EWHC 3411 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 170 Jurisdiction: England and Wales Planning Updated: 09 August 2022; Ref: scu.271203
The parties disputed what was due to be paid under a section 106 agreement. Judges: Ouseley J Citations: [2011] EWHC 242 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 03 August 2022; Ref: scu.429686
Judges: Rix, Hughes, Keene LLJ Citations: [2007] EWCA Crim 2102 Links: Bailii Statutes: Town and Country Planning Act 1990 172 Jurisdiction: England and Wales Citing: See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007 Request for injunction to restrain breach of enforcement notice. . . Cited by: See Also – Staffordshire County Council v … Continue reading Challinor v Regina: CACD 17 Aug 2007
The Royal Opera House sought permission and listed building consents to carry out a re-development, extending and modernising the House raising it to international standards, and to develop the surrounding area consistently with that project. Parts of the site were proposed to be used for the erection of office accommodation, which would be a departure … Continue reading Regina v Westminster City Council, ex parte Monahan: CA 1989
Judges: Coulson LJ, Holgate J Citations: [2021] EWHC 112 (Admin), [2021] WLR(D) 64 Links: Bailii, WLRD Statutes:
Interpretation of section 106 agreements. Citations: [2008] EWHC 916 (Ch), [2008] JPL 1440, [2009] 1 P and CR 5 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 July 2022; Ref: scu.267363
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which … Continue reading Jelson Ltd v Derbyshire County Council: CA 1 Aug 1999
The essence of the section 187B procedure is to achieve a speedy resolution of a planning problem. The courts have repeatedly emphasised that the injunction proceedings are not to be used as an opportunity to re-argue the planning merits of the case which were matters for the planning authority and the Secretary of State. Judges: … Continue reading Regina v Basildon District Council: Admn 1996
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for a year. The claimants now said that it was unlawful of the council to use … Continue reading Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006
LT COMPENSATION – planning permission – discontinuance order – preliminary issue – airfield – scope and effect of planning permissions granted under s73A of Town and Country Planning Act 1990 – whether conditions would continue to bind adjoining land the subject of an earlier, less restrictive planning permission – issue estoppel – abuse of powers … Continue reading Williamson v Mid-Suffolk District Council: LT 18 Jan 2006
ECJ Failure of a Member State to fufil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora.The respondent had failed properly to transpose the Habitats Directive into National Law. The regulations were too general and did not impose sufficiently precise obligations: ‘As the Commission has rightly pointed out, section 54A … Continue reading Commission v United Kingdom: ECJ 20 Oct 2005
Mr S asserted a right as against the builders under a section 106 agreement. The builder said that evidence of what had occurred as a background to the agreement should be admitted. The parties had requested the judge to decide as a preliminary issue on the admissibility of that evidence. Held: It was rarely wise … Continue reading Beazer Homes Ltd v Stroude: CA 17 Mar 2005
The applicant sought to develop an asylum centre. Rather than apply for planning permission, it had served a notice of proposed development for the Crown. The Council appealed dismissal of its objections to the use of the procedure. Held: The appeal failed. The Crown was not subject to planning control. The section was to be … Continue reading Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department: CA 28 Oct 2004
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
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. Citations: [2004] EWCA Civ 288, Times … Continue reading International Traders Ferry Ltd v Adur District Council: CA 26 Feb 2004
The applicant sought a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. Held: Review was refused. The section required the authority to have regard to all material considerations … Continue reading Regina (on the Application of Kides) v South Cambridgeshire District Council Ltd: CA 9 Oct 2002
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken. Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not during a defence on enforcement. In looking at Part VII of the Act, the scheme of enforcement … Continue reading Regina v Wicks: HL 21 May 1997
The claimant appealed an award of the Lands Tribunal of compensation for an order discontinuing his use as a slaughterhouse of premises of which he held a long lease. The tribunal had applied a discount for wastage on sheep carcasses of 25%, but had had no evidence to support their conclusion, and the figure proposed … Continue reading Mohammed Aslam v South Bedfordshire District Council: CA 21 Dec 2000
The authority sought an injunction to restrain a breach of planning control by the defendant. Earlier temporary permissions for single caravans had expired, and enforcement notices issued. The defendant had failed to remove multiple vehicles. Held: The area was designated one of outstanding natural beauty, and that had to be allowed for by the authority. … Continue reading Mid-Sussex District Council v William Charles Boyle: QBD 20 Jul 2001
The applicant owned a health farm. Permission was sought to develop adjoining land, and the applicant objected unsuccessfully, but the Secretary of State then called in the decision. In the meantime, the applicant sought judicial review of the council’s decision, saying that the council had given weight to an irrelevant matter. The application failed. The … Continue reading Regina v Bedfordshire County Council ex parte Henlow Grange Health Farm Ltd: Admn 13 Mar 2001
Where an application for an alteration in a planning permission would mean also that the original use for which permission had been granted would need alteration, a local authority was correct to treat the new use as if it had been a use ancillary to the original. Citations: Times 14-Sep-1999, [1999] EWHC Admin 769 Links: … Continue reading Regina v East Sussex County Council (ex parte Reprotech (Pebsham) Limited): Admn 30 Jul 1999
When an enforcement notice had been served, it was enough evidence in the circumstances that the person served was an owner of the land within the Act to show that he had applied for change of use of the land stating that he was the owner of the land Citations: Gazette 25-Nov-1998, [1998] EWHC Admin … Continue reading Walton v Sedgefield Borough Council: Admn 16 Nov 1998
The new established use procedure replaced entirely the old system of planning of saying whether or not application for permission for change of use was required. Citations: Times 18-May-1998, [1998] EWHC Admin 462 Links: Bailii Statutes: Town and Country Planning Act 1990 191 192 193 194 195 196 Planning Updated: 27 May 2022; Ref: scu.138583
After public examination of local structure plan, local authorities post-examination statement must answer all objections including those raised but not dealt with in argument in public at hearing. Citations: Times 14-May-1998, [1998] EWHC Admin 448 Links: Bailii Statutes: Town and Country Planning Act 1990 287 Planning Updated: 27 May 2022; Ref: scu.138569
UTLC BLIGHT NOTICE – business premises – alleged blighted land – claimant’s failure to comply with prescribed form – reasonable endeavours to sell – failure to sell – counter notice – appropriate authority’s intention not to acquire any part of land due to proposed cancellation of prospective scheme – claimants’ objections not upheld – blight … Continue reading Harris v The Highways Agency: UTLC 6 Feb 2012
UTLC BLIGHT NOTICE – maisonette – blighted land – appropriate authority’s intention not to acquire any part of hereditament – reasonable endeavours to sell – unable to sell unless at substantially reduced price – claimant’s failure to comply with prescribed form – objections not upheld – blight notice valid – Town and Country Planning Act … Continue reading Head v Eastbourne Borough Council: UTLC 22 Dec 2009
Appeal against conviction for unauthorised advertising hoarding. Citations: [1996] EWHC Admin 188 Links: Bailii Statutes: Town and Country Planning Act 1990 8224 Planning, Media Updated: 25 May 2022; Ref: scu.136736
The plaintiff requested that an enforcement notice should be quashed. Two earlier decision notices had already been quashed. At issue was a houseboat constructed on a floating wooden raft. There was an existing use certificate for a houseboat. Was it a houseboat or floating house? The inspector had taken a definition of houseboat from the … Continue reading Sussex Investments Limited v The Secretary Of State For The Environment, Spelthorne Borough Council: Admn 28 Oct 1996
The applicant sought to quash an enforcement notice, regarding a change of use from residential to mixed residential and holiday accommodation. The change had taken in respect of several units over a long period of time. The inspector sought to bring them together and by treating them as one unit, he brought the development within … Continue reading T A J Moore v The Secretary of State for the Environment, The New Forest District Council: Admn 25 Oct 1996
Following a complaint from a third party, the Council carried out an investigation into the state of a piece of land owned by the complainant to determine whether any enforcement action was appropriate under the Town and Country Planning Act 1990 (T and CP Act). The owner of the land requested the right to inspect … Continue reading Bridgnorth District Council (Decision Notice): ICO 12 Jul 2005
An appeal is not the proper method for challenging costs awarded by an inquiry. Citations: Ind Summary 26-Jul-1993 Statutes: Town and Country Planning Act 1990 288 Jurisdiction: England and Wales Planning Updated: 20 May 2022; Ref: scu.89484
A mandatory agricultural occupancy condition was not subject to a continuous breach when cottages were occupied over summer by visitors rather than by agricultural workers as required by the permission. Citations: Times 12-May-1998, Gazette 28-May-1998, [1998] EWHC Admin 458 Links: Bailii Statutes: Town and Country Planning Act 1990 288 Agriculture, Planning Updated: 19 May 2022; … Continue reading North Devon District Council v Secretary of State for Environment, D Rottenbury B E Rottenbury: QBD 12 May 1998
Failure to comply with notice of breach of condition did not prevent reliance in criminal proceedings on failure to serve the notice of breach within time limit. Citations: Times 10-Apr-1998 Statutes: Town and Country Planning Act 1990 187A Planning Updated: 19 May 2022; Ref: scu.79964
An enforcement notice was served on the land owner alleging change of use from agricultural to the storage of building materials and waste and agriculture. The plan incorrectly included the applicant’s house. The applicant challenged the enforcement notice, but failed before the magistrates and on a case stated. The error did not mean that the … Continue reading Bracken v East Hertfordshire District Council: QBD 11 May 2000
There is no inherent restriction on the powers in section 178 to prevent a planning authority using them for the purposes of evicting people using land for a residential purpose in breach of an enforcement notice which had taken effect. It would not always be disproportionate to use them for that purpose. The court set … Continue reading Regina (O’Brien) v Basildon District Council: Admn 2006
The court asked whether the four year enforcement rule applied in respect of subdivision of a larger building to create single dwelling houses or applied only in the case of conversion of a single building to single dwelling houses. Held: It applies to subdivision. The concept of the planning unit has no part to play … Continue reading Van Dyck v Secretary of State for the Environment: CA 1993
Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000
