Planning news

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...

Permitted development rights for new agricultural buildings - the right to accommodate livestock?

The High Court in Marshall, R (on the application of) v East Dorset District Council & Anor [2018] EWHC 226 (Admin) has recently clarified the meaning and procedural application of the permitted development rights available to farmers for the...

What are the legal limits for approval of reserved matters? Layout v Scale?

The High Court in Pearl, R (on the application of) v Maldon District Council & Anor [2018] EWHC 212 (Admin) recently had the opportunity to consider the limitations and procedural obligations for local planning authorities in considering approval of...

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...
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