Planning news

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...

Submitting a CIL Notice to the council? Simple errors can have costly consequences!

The Community Infrastructure Levy (CIL) on developments is an extremely strict regime in its prescribed obligations and timescales. If you are late or fail to serve on the council mandatory notices, then you could lose the right to claim an exemption and...

Agreed an extension period on your planning application? You may lose your right for a refund for non-determination

The High Court in Provectus Remediation Ltd v Derbyshire County Council [2018] EWHC 1412 (Admin) has recently considered when the right arises to be refunded a planning application fee following non-determination by the local planning authority in...

What is a landowner's snow and ice maintenance liability in public areas? Is a reactive system reasonable?

The Court of Appeal in Cook v Swansea City Council [2017] EWCA Civ 2142 has recently re-examined the snow and ice maintenance obligations, and duty of care, on owners of land provided and used for a public purpose. In this case, the issue was the maintenance...
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