Planning news

Can registration of land as a village green criminalise the landowner's existing and continuing operation?

The Court of Appeal in the TW Logistics Ltd v Essex County Council & Anor [2018] EWCA Civ 2172 has recently examined the legal effect registration of village greens has upon landowners’ existing and continuing operations and whether it...

Is recreational public use of a way relevant in an application to register a village green? Must the council decide such applications by committee meeting in public?

The High Court in Forbes v Wokingham Borough Council [2018] EWHC 2530 (Admin) recently had the opportunity to re-consider whether recreation public use of a defined way over land was, by itself, evidence of a wider purpose of lawful sports and pastimes...

Claiming immunity from planning enforcement? Be careful of any gaps in the immunity period

The High Court in Benson v The Secretary of State for Communities & Local Government & Anor [2018] EWHC 2354 (Admin) has recently re-affirmed the relevance of gaps of inactivity or alternative uses to claims for immunity from planning...

Can existing breaches of planning control be a material planning consideration?

The High Court in the London Borough of Hackney v Secretary of State for Housing, Communities And Local Government & Anor [2018] EWHC 2174 (Admin) has recently re-confirmed that existing alleged breaches of planning control relevant to a planning...

Important limitations to deemed planning applications for appeals against enforcement notices

In Langmead v Secretary of State for Housing Communities and Local Government [2018] EWHC 2202 (Admin) , the High Court has recently emphasised the important statutory limitation upon an inspector’s ability to grant planning permission for a deemed...

Discharging s106 planning obligations - can financial contributions for public works constructed before the due date still serve 'any' useful purpose?

The High Court in R (Mansfield District Council) v Secretary of State for Housing, Communities and Local Government [2018] EWHC 1794 (Admin) has recently considered the appropriate legal test for applications to discharge existing s106 planning...

Must planning permission be granted where infrastructure planning obligations are restricted by the CIL Regs?

The Court of Appeal in Oates, R (on the application of) v Wealden District Council & Anor [2018] EWCA Civ 130 4 has recently had an opportunity to consider a key concern of local planning authorities. Namely, can a planning application be refused where...

Enforcement Notices and Planning Applications - LPA's right to decline determination?

The High Court in Chesterton Commercial (Bucks) Ltd v Wokingham District Council [2018] EWHC 1795 (Admin) has recently clarified the broad rights of local planning authorities to decline to determine planning applications which are similar to (in whole or...

Public Sector Equality Duty - A material planning consideration?

The High Court in Buckley, R (on the application of) v Bath and North East Somerset Council & Anor [2018] EWHC 1551 (Admin) has recently considered the relevance of the public sector equality duty when local authorities determine planning applications....

Habitats Directive - ECJ provides clarification on the limits of screening opinions

The European Court of Justice (ECJ) in People Over Wind and another v Coillte Teoranta (Case C-323/17) has recently stated that measures to mitigate the impact of proposed developments effecting Natura 2000 sites (Special Protected Areas (SPAs) and...
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