Planning news

When is a fallback position a material planning consideration?

The Court of Appeal in Mansell v Tonbridge And Malling Borough Council [2017] EWCA Civ 1314 has recently clarified when a ‘fallback’ development may be a material planning consideration for an alternative development scheme. The court also...

Highway stopping up following planning permission - the legal test

The High Court in Network Rail Infrastructure Ltd, R (On the Application Of) v The Secretary of State for the Environment, Food And Rural Affairs [2017] EWHC 2259 (Admin) has recently clarified the legal tests associated with highway stopping up following...

Is there a duty to consult on draft s106 agreements?

The High Court in Wet Finishing Works Ltd, R (On the Application Of) v Taunton Deane Borough Council [2017] EWHC 1837 (Admin) recently had the opportunity to consider whether local planning authorities have a duty to consult on the drafting of a section...

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...
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