Planning news

The planning relevance of the National Planning Practice Guidance

Surprisingly, the High Court in R (Solo Retail) v Torridge DC [2019] EWHC 489 (Admin) has provided the first judicial decision considering in detail the proper relevance of the Planning Practice Guidance (PPG) for decision makers when considering...

The importance of the views of statutory consultees

The High Court in Visao Ltd v The Secretary of State for Housing, Communities And Local Government [2019] EWHC 276 (Admin) has re-emphasised the important weight of statutory consultees and their expertise coupled with the legal requirements upon...

Interpreting the permitted development classes? The curious case of the telephone kiosk

In recent times, several advertisement companies which are registered as operators of an electronic communications network have taken advantage of a perceived loophole in the general permitted development rights for new public telephone kiosks. The benefit...

Common issues to consider when challenging traffic regulation orders

Two recent High Court decisions in Trail Riders Fellowship v Wiltshire County Council [2018] EWHC 3600 (Admin) Trail Riders Fellowship v Hampshire County Council [2018] EWHC 3390 (Admin) provide helpful guidance on the common issues arising when...

Commencement notice of self-build development under the CIL Regulations

The High Court in Shropshire Council, R (On the Application Of) v The Secretary of State for Communities and Local Government [2019] EWHC 16 (Admin) recently had the opportunity to consider the strictness required by developers claiming the self-build...

What can be classified as a 'school' for planning use purposes?

The High Court in Bright Horizons Family Solutions Ltd v Secretary of State for Communities And Local Government [2019] EWHC 14 (Admin) recently examined the meaning of the term ‘school’ within Schedule 2, Part 7, Class M of the General...

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...
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