Planning news

Seeking to discharge a restrictive covenant? Indirect positive benefits from land use restrictions are irrelevant

The Upper Tribunal (Lands Chamber) in James Hall And Company (Property) Ltd v Maughan & Ors, Re The Aclet [2017] UKUT 240 (LC) has reconfirmed that any indirect positive benefits in consequence of a restrictive covenant limiting the use of land are...

The evidential value of the List of Streets? Not conclusive

The High Court decision in Trail Riders Fellowship v Secretary of State for the Environment, Food And Rural Affairs [2017] EWHC 1866 has clarified the legal purpose and evidential value of the List of Streets for highways maintainable at public expense as...

Entitled to compensation from a stop notice? The Reality Check

The decision of the Upper Tribunal (Lands Chamber) in Huddlestone v Bassetlaw District Council [2017] UKUT 238 (LC) has helpfully clarified when a landowner is entitled to compensation against a council following the issue of a stop notice and the...

What is the 'setting' of a heritage asset?

Paragraph 128 of the National Planning Policy Framework requires assessment of the impact of proposed developments against heritage assets and their setting. The High Court in Steer v Secretary of State for Communities and Local Government & Ors [2017]...

Prior approval does not grant permission for development outside the defined classes of permitted development

The Court of Appeal decision in Keenan v Woking Borough Council & Anor [2017] EWCA Civ 438 has clarified that a prior approval condition for a defined class of permitted development within the General Permitted Development Order 1995 (now the 2015...

The curtilage of a dwellinghouse may not necessarily include all adjoining land for lawful 'residential' use

The High Court decision of Burford v Secretary of State for Communities and Local Government & Anor [2017] EWHC 1493 (Admin) reconfirms the legal test for determining the curtilage of a dwellinghouse. The Court clarified that lawful...

Supreme Court clarifies paragraphs 14 & 49 of the NPPF

The Supreme Court decision of Suffolk Coastal District Council v Hopkins Homes Ltd & Anor [2017] UKSC 37 hopefully has now addressed much of the confusion on the correct application of paragraphs 14 and 49 of the National Planning Policy Framework...

Red and white striped house allowed by the High Court - more brightly coloured houses?

The High Court in Lisle-Mainwaring, R (On the Application Of) v Isleworth Crown Court & Anor [2017] EWHC 904 (Admin) has confirmed that section 215 of the Town and Country Planning Act 1990 cannot be used to deal with questions of aesthetics or taste...

Permitted development restrictions on demolition of wall in a conservation area includes partial demolition

The High Court decision in Barton v Secretary of State for Communities and Local Government and Anor [2017] EWHC 573 (Admin) has clarified that restrictions on permitted development rights for the demolition of walls and gates in conservation areas...

Only private residential gardens in built-up areas excluded as 'previously developed land' in the NPPF

The Court of Appeal decision of Dartford Borough Council v Secretary of State for Communities And Local Government & Anor [2017] EWCA Civ 141 has found that the term ‘previously developed land’ as defined by the glossary forming part of the...
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