Planning news

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...

Adequacy of traffic signs - lessons from the High Court

The High Court in Nottingham City Council, R (on the application of) v Bus Lane Adjudicator & Ors [2017] EWHC 430 (Admin) provides useful lessons on the adequacy of traffic signs when enforcing, or defending, contraventions of road traffic regulation...

Legal effect of enforcement notice and the grounds for planning injunctions

The High Court decision in Wokingham BC v Scott [2017] EWHC 294 (QB) provides a usual example of the enduring legal effect of planning enforcement notices and the limited statutory rights for legal challenge. In addition, the Court provides a summary of...

No 'prior approval' permitted development rights where works have commenced

The High Court decision of Winters v Secretary of State for Communities And Local Government & Anor [2017] EWHC 357 (Admin) has found that residential ‘prior approval’ permitted development rights, pursuant to the Town and Country Planning...

Think your building works or property use change does not require planning permission? Want certainty?

In a complex and evolving planning system it is not always certain whether building works or property use changes do not, or no longer, require planning permission. Sometimes there may be difference of opinion with the local planning council. Such...

Councils' wide discretion as to whether or not to take enforcement action

The High Court in R (Community Against Dean and another) v Shire Oak Quarries Ltd [2017] EWHC 74 (Admin) provides a useful reminder of: (i) the wide discretion councils have in deciding whether or not to take enforcement action for a breach of planning...

Agricultural occupancy planning conditions and obligations - beware the VAT sting

A number of recent decisions by the First-Tier Tribunal, following the appeal decision of the Upper Tribunal (Tax and Chancery Chamber) in HMRC v Burton [2016] UKUT 20 (TCC) , highlight an important VAT issue that may affect the viability of agricultural...

Duty to give reasons for decisions of delegated council officers

The High Court decision of Shasha & Ors (As Trustees of the Placement Pension Fund) v Westminster City Council [2016] EWHC 3283 (Admin) has found that officers making planning decisions under delegated authority are caught by the general statutory duty...
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