Tag: Planning

South Cambridgeshire District Council v Gammell and others: QBD 7 Dec 2007

Judges:

Andrew Edis QC

Citations:

[2007] EWHC 2919 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – South Cambridgeshire District Council v Gammell CA 2005
The Council had taken out an injunction under section 187B of the 1990 Act to prevent unknown persons placing caravans on certain lands. The defendants acted in breach of those injunctions, and the Council requested their committal for contempt. The . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 12 July 2022; Ref: scu.262120

The Midcounties Co-Operative Ltd, Regina (on the Application of) v The Forest of Dean District Council, Santon Group Developments Ltd: Admn 20 Jul 2007

Judges:

Collins J

Citations:

[2007] EWHC 1714 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 11 July 2022; Ref: scu.258158

Staffordshire County Council v Challinor: TCC 23 Feb 2007

Request for injunction to restrain breach of enforcement notice.

Citations:

[2006] EWHC 567 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Challinor v Regina CACD 17-Aug-2007
. .
See Also – Staffordshire County Council v Challinor and Another CA 17-Aug-2007
. .
See Also – Challinor v Staffordshire County Council CA 9-Feb-2011
The claimant appealed against the strike out of his claim as an abuse of process. He had appealed against a planning enforcement notice. . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 11 July 2022; Ref: scu.252365

Clear Channel UK Ltd., Regina (on the Application Of) v London Borough of Southwark: Admn 8 Dec 2006

Citations:

[2006] EWHC 3325 (Admin)

Links:

Bailii

Cited by:

Appeal from – Clear Channel UK Ltd, Regina (on the Application of) v London Borough of Southwark CA 13-Dec-2007
The company appealed an order refusing review of a decision requiring it to take down advertising hoardings. . .
Lists of cited by and citing cases may be incomplete.

Planning, Media

Updated: 09 July 2022; Ref: scu.249159

Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006

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 its s178 powers to evict them.
Held: The Council had balanced the removal of the group against the extension of time, and took the view that at the expiry of that time, the notices had to be enforced or else the process of enforcement, appeal, and public respect for it would be set at naught. Developments since had made one site available with planning permission, and the decision must be re-considered in the light of the current position. The use of section 178 powers was not disproportionate.

Judges:

Ouseley J

Citations:

[2006] EWHC 2772 (Admin)

Links:

Bailii

Statutes:

Race Relations (Amendment) Act 2000, Town and Country Planning Act 1990 178

Jurisdiction:

England and Wales

Citing:

Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – Regina (O’Brien) v Basildon District Council Admn 2006
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 . .
Cited – Regina (Yaser Mahmood) v Secretary of State for Home Department Admn 9-Aug-2001
The Home Secretary had served notice that the applicant was an illegal immigrant, and liable to deportation. An order had been made for the cross examination of the applicant. He had come to England to study, but soon dropped his immediate plans. He . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – Elias, Regina (on the Application of) v Secretary of State for Defence and Another Admn 7-Jul-2005
. .
Lists of cited by and citing cases may be incomplete.

Planning, Discrimination, Human Rights

Updated: 08 July 2022; Ref: scu.245978

Searle, Regina (on the Application Of) v Secretary of State for the Environment and Another: Admn 7 Jul 2006

Citations:

[2006] EWHC 1908 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Burdle v Secretary of State for the Environment QBD 22-Jun-1972
The appellants had purchased land which had been used as a dwelling with a lean-to annex which had been used as a scrap yard, selling off car parts. The appellant had reconstructed the annex with a shop front, and began to use it more substantially . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 07 July 2022; Ref: scu.244128

Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society: Admn 5 Apr 2006

Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. A possibility of bias might be seen, but a fair minded and informed observer having regard to the particular circumstances would not conclude that there was a real possibility of apparent bias which might affect the decision.

Judges:

Newman J

Citations:

[2006] EWHC 742 (Admin), Times 14-Apr-2006

Links:

Bailii

Statutes:

Local Government Act 2000 51

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) HL 15-Jan-1999
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign . .
Cited – Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel Admn 7-Apr-2004
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 . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 05 July 2022; Ref: scu.240341

Jones v Green: CA 16 Dec 2005

The appellant challenged the decision to reverse grant of planning permission for the siting of caravans or mobile homes.

Citations:

[2005] EWCA Civ 1727

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Carter and Another v Secretary of State for the Environment and the Carrick District Council CA 6-Apr-1994
The District Council issued an established user certificate for a caravan on the appellants’ lands. The appellants then replaced the caravan with a ‘park home’ for which planning permission was refused and enforcement notices were issued by the . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 05 July 2022; Ref: scu.238640

Condron v National Assembly for Wales, Miller Argent (South Wales) Ltd: Admn 21 Dec 2005

Judges:

Mr Justice Lindsay

Citations:

[2005] EWHC 3007 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – National Assembly for Wales v Condron and Another CA 27-Nov-2006
The objector had successfully challenged a planning decision saying that a remark by the chairman of the planning committee demonstrated bias and an effective pre-determination of the decision. The committee supported by the developer appealed.
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 04 July 2022; Ref: scu.238172

Rockware Glass Ltd, Regina (on the Application of) v Chester City Council and Another: Admn 24 Oct 2005

Citations:

[2005] EWHC 2250 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Rockware Glass Ltd, Regina (on the Application of) v Quinn Glass Ltd and Another CA 15-Jun-2006
Challenge to terms of Integrated Pollution Prevention and Control permit . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning

Updated: 04 July 2022; Ref: scu.231575

The Noble Organisation Ltd, Regina (on the Application of) v Thanet District Council and others: CA 28 Jun 2005

The court dismissed an appeal against the refusal of permission to launch a judicial review. The court should examine applications for permission closely, since the process could be abused so that judicial review became merely a weapon in private battles between developers. Here the authority had properly granted a permission without requiring a further environmental impact assessment where the permission represented only a relatively minor addition to a substantial development scheme for which an assessment had been undertaken.

Citations:

[2005] EWCA Civ 782, Times 26-Aug-2005

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 01 July 2022; Ref: scu.227957

Pembrokeshire County Council v National Assembly for Wales, Re the Town and Country Planning Act 1990: Admn 16 Mar 2005

Judges:

Wyn Williams QC J

Citations:

[2005] EWHC 1103 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – 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? . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 30 June 2022; Ref: scu.226270

Hereford Waste Watchers Ltd v Hereford Council: Admn 18 Feb 2005

Citations:

[2005] EWHC 191 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
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 . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 29 June 2022; Ref: scu.223383

Standard Commercial Property Securities Limited Standard Commercial Property Development Limited v City of Glasgow Council Atlas Investments Limited for Judicial Review: OHCS 3 Dec 2004

Judges:

Lord President And Lord Reed And Lord Kirkwood

Citations:

[2004] ScotCS 260

Links:

Bailii

Statutes:

Town and Country Planning (Scotland) Act 1997 191

Jurisdiction:

Scotland

Citing:

See Also – Standard Commercial Property Securities Limited for Judicial Review of A Decision Dated 26 August 1999 of Glasgow City Council OHCS 15-Aug-2000
. .
See Also – 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 OHCS 1-Jun-2004
. .

Cited by:

Appeal from – Standard Commercial Property Securities Ltd and others v Glasgow City Council and others HL 16-Nov-2006
The claimant challenged a back to back agreement between the council and a developer where the council agreed to purchase compulsorily a plot of land against a developer’s undertaking to complete the development and indemnify the council against its . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 27 June 2022; Ref: scu.220058

St Leger-Davey and Another v First Secretary of State and others: CA 1 Dec 2004

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 ‘

Judges:

Pill LJ, Laws LJ

Citations:

[2004] EWCA Civ 1612, Times 03-Dec-2004

Links:

Bailii

Statutes:

Telecommunications Act 1984 Sch 2, Communications Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Transport, ex parte de Rothschild CA 1988
The court considered the use of powers of compulsory purchase of land under the Acts.
Held: ‘In answer to counsel’s submissions as to ‘special rules’, I summarise my conclusions thus. First, I do not accept that any special rules beyond the . .
Cited – Phillips v First Secretary of State and others Admn 22-Oct-2003
The claimant had objected to the grant of permission to erect a mobile phone mast near her property. The issue was that she had not been given opportunity to comment upon the consideration of alternative sites.
Held: The consideration of . .
Appeal from – Leger-Davey and Another v First Secretary of State and others Admn 1-Mar-2004
Objection to mobile phone mast . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 27 June 2022; Ref: scu.219875

Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

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.’

Citations:

[2004] EWHC 2483 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning (Control of Advertisements) Regulations 1992 8, Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Citing:

Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Addiscombe Garden Estates Ltd v Crabbe CA 1957
The trustees of a tennis club took possession of tennis courts and a clubhouse under a lease, and sought a new lease under the 1954 Act. The landlord said that they were only licensees and in any event were not entitled to a new lease since they . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – Powell v McFarlane ChD 1977
Intention to Establish Adverse Possession of Land
A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
Held: Slade J said: ‘It will be convenient to begin by . .
Cited – Hagee (London) Ltd v A B Erikson and Larson (a Firm) CA 1975
Tenancy at Will not protectable by 1954 Act
A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while . .
Cited – Cardiothoracic Institute v Shrewdcrest Ltd ChD 1986
The landlord hoped to redevelop a site. The defendant was in possession as a business tenant pursuant to three successive leases for which orders had been made under section 38(4) of the 1954 Act excluding the operation of sections 24 to 28 of the . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Cited – Wandsworth London Borough Council v Singh CA 1991
The Local Authority were lessees of some 500 square metres of public open space at St. Johns Hill in Wandsworth, which they and their horticultural sub-contractors visited periodically. It had been used by local inhabitants for leisure and . .
Cited – Commissioners of Customs and Excise v Sinclair Collis Limited HL 7-Jun-2001
The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines . .
Cited – Wallace v C Brian Barratt and Son Limited and Lock CA 19-Mar-1997
The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or . .
Cited – Graysim Holdings Ltd v P and O Property Holdings Ltd HL 24-Nov-1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. . .
Lists of cited by and citing cases may be incomplete.

Planning, Media, Landlord and Tenant

Updated: 27 June 2022; Ref: scu.219260

Barker, Regina (on the Application of) v London Borough of Bromley: CA 23 Nov 2001

The court considered when time began to run for an application for judicial review where the question arose in the context of an outline planning permission granted subject to the approval of reserved matters.
The claimant challenged proposed development of the Crystal Palace site.

Judges:

Brooke, Latham LJJ, Burton J

Citations:

[2001] EWCA Civ 1766, [2002] Env LR 631, [2002] Env LR 25, [2001] 49 EGCS 117, [2001] NPC 170, [2002] 2 P and CR 8

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Barker v London Borough of Bromley Admn 23-Nov-2001
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. . .
See Also – Barker, Regina (on the Application Of) v London Borough of Bromley and Another CA 8-Feb-2001
. .
Lists of cited by and citing cases may be incomplete.

Planning, Judicial Review

Updated: 27 June 2022; Ref: scu.218495

The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council: CA 29 Sep 2004

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)

Judges:

The Right Honourable Lord Justice Auld, The Right Honourable Lord Justice Wall And The Honourable Mr Justice Pumfrey

Citations:

[2004] EWCA Civ 1248, Times 14-Oct-2004

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Hedges and Hedges v Secretary of State for Environment v East Cambridgeshire District Council Admn 15-Nov-1996
. .
Cited – Regina v Leominster District Council ex parte Pothecary CA 28-Oct-1997
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 . .
Cited – Chapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
Appeal from – Chichester District Council v First Secretary of State and others Admn 29-Jul-2003
. .
Cited – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .

Cited by:

Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 21 June 2022; Ref: scu.214642

Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc: ECJ 7 Sep 2004

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.

Citations:

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

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Cited – Boggis and Another v Natural England CA 20-Oct-2009
Natural England appealed against the quashing of an SSSI.
Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners . .
Cited – Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others Admn 14-May-2010
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 . .
Cited – Champion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning

Updated: 21 June 2022; Ref: scu.214233

Tendring District Council and Others v Persons Unknown: QBD 4 Aug 2016

The applicant councils were host within their area the Clacton-On – sea Airshow, and sought an injunction against the world at large to prevent them causing disruption by the parking of mobile homes and similar on roads in the area

Judges:

Knowles J

Citations:

[2016] EWHC 2050 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Road Traffic, Planning

Updated: 19 June 2022; Ref: scu.569081

Mansi v Elstree Rural District Council: QBD 1964

The local planning authority served an enforcement notice reciting that the appellant had changed the use of a glasshouse on a nursery garden from use for agricultural purposes to the use for the sale of goods and requiring the appellant to discontinue the latter use. No reference was made in the notice to the former subsidiary use for the retail sale of nursery produce and other articles nor was there any provision for its continuance. The court held that the Minister ought to have amended the notice under the powers given to him so as to make it perfectly clear that the notice did not prevent the appellant from using the premises for the sale of goods by retail, provided that such sale was on the scale and in the manner to which he was entitled in 1959, as the Minister himself had found. True that use was a subsidiary one, but nevertheless it should be protected and, in my judgment, this appeal should be allowed to the extent that the decision in question should be sent back to the Minister with a direction that he ought to amend the notice so as to safeguard the appellant’s established right as found by the Minister to carry on retail trade in the manner and to the extent to which the Minister had found it was carried on in 1959.

Judges:

Widgery J

Citations:

(1964) 16 P and CR 158

Jurisdiction:

England and Wales

Cited by:

Cited – Buckinghamshire County Council v North West Estates plc and others ChD 31-May-2002
The planning authority sought injunctions for enforcement notices. The landowner argued that human rights law required the court when looking at such a request to look at the entire planning history.
Held: Although the court could look to a . .
Lists of cited by and citing cases may be incomplete.

Planning, Agriculture

Updated: 18 June 2022; Ref: scu.183688

Royal Borough of Kensington and Chelsea v Harvey Nichols and others: CA 4 May 2001

Appeal by the second defendant from a decision granting an injunction (a) restraining the defendants from causing, suffering, permitting or assisting in the display of advertisements other than in compliance with the Town and Country Planning (Control of Advertisements) Regulations 1992 (‘the 1992 Regulations’), and (b) that the first two defendants permanently remove from the Harvey Nichols Department Store, at 109-125 Knightsbridge, London, and the adjoining highway the shroud advertisement displayed there.

Judges:

Pill, Dyson LJJ

Citations:

[2001] 3 PLR 71, [2002] 1 P and CR 29, [2002] JPL 175, [2001] EWCA Civ 702

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 11 June 2022; Ref: scu.201081

Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

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.

Judges:

Lord Justice Pill Lord Justice Keene And Lord Justice Scott Baker

Citations:

[2004] EWCA Civ 905, Times 29-Jul-2004, [2004] 1 WLR 2557

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Appeal from – Lough and others v First Secretary of State Admn 21-Jan-2004
The claimants challenged the grant of planning permission for neighbouring land. . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Lopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
Cited – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Gosbee and Another, Regina (on the Application Of) v First Secretary of State and Another Admn 20-Mar-2003
A bungalow was not demolished as required by a condition when planning permission for a new dwelling was given. An enforcement notice was issued requiring the demolition of the bungalow.
Held: ‘in determining whether the interference is . .
Cited – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – Powell and Rayner v The United Kingdom ECHR 21-Feb-1990
The applicants complained of the noise generated by Heathrow Airport saying that it affected their human rights to enjoy their private life and possessions.
Held: Whether the case was analysed in terms of a positive duty on the state to take . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .

Cited by:

Appealed to – Lough and others v First Secretary of State Admn 21-Jan-2004
The claimants challenged the grant of planning permission for neighbouring land. . .
Cited – O’Brien and others v South Cambridgeshire District Council CA 24-Oct-2008
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative . .
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 11 June 2022; Ref: scu.198852

Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997

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 278 must be interpreted accordingly. In my opinion, where the benefit to the public of the proposed highway works, in respect of which an agreement with the Highway Authority is sought under Section 278 of the 1980 Act, has been fully considered and determined in the planning process, because the highway works in question form a detailed and related aspect of the application for development of land in respect of which planning consent has been properly obtained through that planning process, then the Highway Authority’s discretion whether to enter into the Section 278 agreement will necessarily be somewhat limited. In such a case, the matters remaining to be considered by the Highway Authority in the proper exercise of its discretion under Section 278, are likely to be relatively minor in nature. I agree with Mr Hicks that the proper exercise of that discretion by the Highway Authority will not embrace a further and separate reconsideration of the benefit to the public of the highway works in question by reference to the same reasons as those which had already been considered and determined in the planning process. If such a reconsideration by the Highway Authority were to be a proper exercise of its discretion under Section 278, then that would largely frustrate the scheme of the legislation of which Section 278 is conceded to be part. This would be particularly so where, as in the present case, there has been no challenge to the validity of the relevant planning decision pursuant to Section 288 of the Town and Country Planning Act 1990, notwithstanding the Highway Authority’s right to bring such a challenge under that Section.’
As to the challenge by Powergen on Wednesbury grounds: ‘In this case there had been a dispute as to the balance of the public interest with regard to the proposed development. The adequacy of the access arrangements and the related highway works was one factor in that balance. In the course of the planning process, the County Council as Highway Authority argued that, because of the lack of forward visibility, the balance of public interest was against the proposed development for road safety reasons. The dispute was fully argued at the planning appeal and determined by the Secretary of State by his duly appointed Inspector. The Inspector’s conclusions were clear and were not challenged pursuant to Section 288 of the 1990 Act, within the prescribed time limits or at all. Having regard to the terms of Section 284 of the 1990 Act, I accept Mr Hicks’ submission that the Inspector’s conclusions should be treated as both reasonable and final. The present proceedings are not the place to reconsider the merits of the foregoing dispute. Since the development proposals as a whole were found to be in the public interest, so too were the detailed highway works which formed a necessary and related part of those proposals. In those circumstances, I accept Mr Hicks’ submission that no reasonable Highway Authority would, on the sole basis of the arguments as to road safety which had been fully considered and determined in the planning process, refuse to enter into any necessary Section 278 Agreement on the grounds that to do so was not a benefit to the public, thereby preventing the development from proceeding. I have therefore come to the conclusion that the decision of the County Council in this case to refuse to enter into the Section 278 agreement in question is both perverse and unreasonable in the Wednesbury sense. As Mr Hicks succinctly put it, it cannot be reasonable for the Highway Authority to allow a decision of the Secretary of State to be implemented only if it agrees with that decision.’

Judges:

Forbes J

Citations:

Times 09-Jan-1997, (1998) 96 LGR 17

Statutes:

Highways Act 1980 278

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
Appeal from – Regina v Warwickshire County Council ex parte Powergen Plc CA 31-Jul-1997
The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway . .
Cited – Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission Admn 6-Oct-2014
The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces . .
Lists of cited by and citing cases may be incomplete.

Planning, Judicial Review

Updated: 11 June 2022; Ref: scu.88272

Sevenoaks District Council, Regina (on the Application of) v First Secretary of State and Another: Admn 22 Mar 2004

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.

Judges:

Sullivan J

Citations:

[2004] EWHC 771 (Admin), [2005] JPL 116, [2004] 14 EGCS 141, [2005] 1 P and CR 13

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 10 June 2022; Ref: scu.197068

Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel: Admn 7 Apr 2004

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.’

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 779 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Cited – Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
Cited – Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government, Natural Justice

Updated: 10 June 2022; Ref: scu.195492

International Traders Ferry Ltd v Adur District Council: CA 26 Feb 2004

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 01-Mar-2004

Links:

Bailii

Statutes:

Town and Country Planning (General) Regulations 1992 2, Town and Country Planning Act 1990 186

Jurisdiction:

England and Wales

Citing:

Per incuriam – Pennine Raceway Ltd v Kirklees Metropolitan Borough Council CA 1983
The claimant had been granted a contractual right to use an airfield for arranging motor racing events. The planning consent was revoked, and compensation was claimed under s164 as ‘a person interested in the land’ which ‘is a section designed to . .
Cited – Plimmer v Mayor, Councillors and Citizens of the City of Wellington PC 1884
(New Zealand) Mr Plimmer had occupied land under a revocable licence from the Corporation’s predecessor-in-title and at their request had made extensive improvements to it. He sought compensation when the land was to be vested in the defendant. The . .
Distinguished – Stevens v Bromley London Borough Council 1972
The court referred to the extent of interest in land required by caravan dwellers to support payment of compensation on the issue of enforcement notice.
Held: Salmon LJ said: ‘I agree that the interest referred to in section 45(3)(b) is . .
Cited – Madrassa Anjuman Islamia of Kholwad v Municipal Council of Johan-Nesburg PC 1922
‘The word ‘occupy’ is a word of uncertain meaning. Sometimes it denotes legal possession in the technical sense, . . At other times ‘occupation’ denotes nothing more than physical presence in a place for a substantial period of time, . . Its precise . .
Cited – Tre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
Lists of cited by and citing cases may be incomplete.

Planning, Damages

Updated: 10 June 2022; Ref: scu.194672

Redrow Homes Limited, Regina (on the Application Of) v First Secretary of State and Another: Admn 3 Dec 2003

The case asked whether a single permission for a large-scale development extending over more than 2,500 acres could be construed as granting more than one permission.

Judges:

Sullivan J

Citations:

[2003] EWHC 3094 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 08 June 2022; Ref: scu.191227

Ranson, Regina (on the Application Of) v Secretary of State and Forest Heath District Council: Admn 27 Nov 2003

Citations:

[2003] EWHC 3075 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Newbury District Council v Secretary of State for the Environment HL 1980
Issues arose as to a new planning permission for two existing hangars.
Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 08 June 2022; Ref: scu.191214

Braun v Secretary of State for Transport, Local Government and the Regions and Another: Admn 19 Dec 2002

Citations:

[2002] EWHC 2767 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Braun v First Secretary of State and Another CA 20-May-2003
A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 08 June 2022; Ref: scu.189104

Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003

Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision of the council. That review was also correct. It was not a Gillespie case. The committee already had substantial information before it. A planning authority could not rely upon undertakings and conditions to secure compliance with the requirements for an assessment.

Judges:

Lord Justice Laws Ord Justice Dyson And Lord Justice Carnwath

Citations:

[2004] Env LR 391, [2003] EWCA Civ 1408, Times 31-Oct-2003

Links:

Bailii

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, Council Directive 85/337/EEC of 17 June 1995 on the assessment of the effects of certain public and private projects on the environment

Jurisdiction:

England and Wales

Citing:

Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case) ECJ 24-Oct-1996
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their . .
Cited – Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames CA 29-Jun-2001
There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor . .
Cited – Regina v Cornwall County Council ex p Hardy Admn 2001
The council granted planning permission although its planning committee had decided that further surveys should be carried out to ensure that bats would not be adversely affected by the proposed development. The question was the adequacy of . .
Cited – Smith v Secretary of State for the Environment, Transport and Regions and others CA 5-Mar-2003
The court distilled four principles in deciding whether an environmental impact assessment was to be required. At the outline consent stage the planning authority must have sufficient details of any impact on the environment and of any mitigation to . .
Cited – Bellway Urban Renewal Southern v Gillespie CA 27-Mar-2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
Cited – World Wildlife Fund and Others v Autonome Provinz Bozen and Others ECJ 12-Oct-1999
The court considered a project for converting Bolzano airport in Italy from military to civilian use. The national law did not require the project to be subject to an Environmental Impact Assessment (EIA). The court asked whether the national law . .
Cited – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
Cited – Burkett, Regina (on the Application of) v Hammersmith and Fulham Admn 15-May-2003
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to . .
Appeal from – Jones, Regina (on the Application Of) v Mansfield District Council Admn 20-Jan-2003
. .

Cited by:

Cited – Younger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
Cited – Champion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment, Judicial Review

Updated: 08 June 2022; Ref: scu.186820

Hildreths China and Glass Ltd, Regina (on the Application of) v First Secretary of State: Admn 12 Mar 2003

Enforcement – Appeal against a decision of an inspector in which the inspector dismissed the appellant’s appeal against an enforcement notice issued by the second defendant, the Chiltern District Council.

Judges:

Elias J

Citations:

[2003] EWHC 631 (Admin)

Links:

Bailii

Planning

Updated: 08 June 2022; Ref: scu.185580

Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others: Admn 26 Mar 2003

Citations:

[2003] EWHC 886 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appealed to – Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others CA 30-Oct-2003
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A . .

Cited by:

Appeal from – Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others CA 30-Oct-2003
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning, Housing

Updated: 07 June 2022; Ref: scu.185570