Oxfordshire CC Jan 20 Head of Legal 600

One Source Dec 19 Deputy Director

A tale of a whistleblower and two hats….

The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports. Read more
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Jan 16, 2020

Resident fails in High Court challenge to planning consent for sand and gravel extraction project

A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.
Jan 15, 2020

Countryside charity fails in legal challenge to grant of planning permission for multiple polytunnels

The Campaign To Protect Rural England (CPRE) has lost an attempt to stop Herefordshire Council’s decision to grant permission for 11 blocks of polytunnels.
Jan 15, 2020

High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan

An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.
Jan 09, 2020

LGA updates guidance for officers and councillors on making planning decisions

The Local Government Association last month issued an updated version of Probity in Planning, its guidance for officers and councillors.
Jan 07, 2020

Threat of judicial review over permission for mixed-use scheme facilitating 23,000-seat football stadium recedes as appeal deadline passes

The deadline has reportedly passed for property investment company Capital & Regional to appeal the High Court's decision to dismiss its application for a judicial review challenge over the grant of planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.
Jan 06, 2020

Defendant who claimed to be ‘Freeman of the land’ fined £15k for planning breaches

A resident who claimed to be a ‘Freeman of the land’ has been fined £15,000 for refusing to remove an unlawfully built extension that covered the whole of his back garden.
Jan 03, 2020

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site

The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.
Dec 31, 2019

District council defeats second judicial review challenge over multi-storey car park development

A district council has successfully defended the grant of planning permission to itself for a multi-storey car park and other development on land in a conservation area, having previously lost an earlier judicial review challenge over a similar development.
Dec 30, 2019

Council hit by legal action over planning permission for nuclear site development

East Suffolk Council has been threatened with a judicial review of its decision to grant planning permission for development of a nuclear power site.
Dec 30, 2019

London borough defeats legal challenge over grant of planning permission for major redevelopment

The High Court has this month rejected a legal challenge to Southwark Council’s grant of planning permission for a major redevelopment of a large site that includes the Elephant and Castle Shopping Centre.


January 17, 2020

(How) Can Planning Speed Up Delivery? Part 2

In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.
January 10, 2020

(How) Can Planning Speed Up Delivery? Part 1

In the first of two articles Ralph Kellas examines the factors behind slow' build out rates and analyses proposed ways to tackle the issue.
January 10, 2020

Elephant, Dove, Old Oak, RICS

It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.
January 10, 2020

Grants of planning permission and consistency

A challenge to a district council’s decision on grounds of consistency was recently rejected. Saira Kabir Sheikh QC looks at the lessons of the case.
January 03, 2020

The St Modwen test and deliverability

The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.
December 20, 2019

Telephone kiosks, advertising and permitted development rights

The Court of Appeal has handed down a judgment dismissing an appeal over telephone kiosks and permitted development rights. Saira Kabir Sheikh QC explains why.
December 20, 2019

The Guildford Local Plan challenge: key issues for plan-makers

James Findlay QC and Robert Williams examine the High Court's recent dismissal of three statutory challenges to the adoption of the Guildford Local Plan.
December 06, 2019

Climate emergency #3: have you thought about New Housing?

In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing?

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Dec 30, 2019

Judge refuses relief despite finding council failed to acquaint itself with legal status of land prior to granting permission for development

Shropshire Council failed to take reasonable steps to acquaint itself with the history and legal status of land off a recreation ground when it granted planning permission for a development of 15 dwellings, a High Court judge has ruled.
Dec 18, 2019

Shoosmiths boosts planning and environment team with partner hire

Law firm Shoosmiths has bolstered its planning and environment team with the hire of David Mathias as a partner from Weightmans.
Dec 18, 2019

Councillor from neighbouring authority fails in bid to obtain legal advice on planning application after Tribunal upholds privilege

The First-tier Tribunal (General Regulatory Chamber) has rejected an appeal lodged against the Information Commissioner by a member of Leeds City Council concerning a planning application for a field adjacent to his ward but in Harrogate Borough Council’s area.
Dec 18, 2019

Campaigners crowd fund legal challenge to permission for car park on stretch of river valley

A campaign group has so far raised £5,845 to try to mount a legal challenge to a planned car park in Canterbury.
Dec 16, 2019

Parish council fails in Court of Appeal claim local planning authority misdirected itself in assessment of housing land supply

The Court of Appeal has rejected a parish council’s claim that Babergh District Council, when assessing the five-year supply of housing land, misdirected itself on the relevant policies in the National Planning Policy Framework (NPPF).
Dec 16, 2019

Council prosecution sees landowners ordered to pay £14k over illegal hostel

The owners of an illegal hostel in Swanley have been ordered to pay £14,000 in fines and costs after being prosecuted for failing to comply with two planning enforcement notices.
Dec 13, 2019

Former planning officer loses Court of Appeal battle over 'protected disclosures'

A former City of Bradford Metropolitan District Council planning officer has lost a Court of Appeal case against the council over protected disclosures that arose in the course of a dispute over a sewer and outbuilding.
Dec 13, 2019

Overlapping planning permissions: which one is valid?

The High Court has recently revisited the principles for determining the validity of overlapping consents. Gary Soloman and Alex Minhinick highlight the key points for landowners, developers and local authorities.
Dec 10, 2019

Borough council sees off statutory challenges to adoption of Local Plan

A Planning Court judge has rejected s.113 statutory challenges brought by two parish councils and a local resident against Guildford Borough Council’s adoption of its Local Plan.
Dec 10, 2019

High Court gives green light to legal challenge over planning permission for development next to Royal Military Canal

A High Court judge has granted campaigners permission to bring a judicial review challenge over Folkestone and Hythe District Council’s (FHDC’s) decision to grant planning permission for development on land adjacent to the Royal Military Canal.
Dec 05, 2019

Council forced to apply for retrospective planning permission for ground source heat pumps after thinking it was unnecessary

Northumberland County Council has had to grant itself retrospective planning permission for three ground source heat pump arrays after realising that it had gone ahead in the mistaken belief that permission was not needed.
Dec 04, 2019

Council obtains injunction to secure affordable housing provision on development site

Shropshire Council has obtained an injunction to secure affordable housing provision on a housing development site, it has been reported.
Dec 03, 2019

Court of Appeal rejects challenge to environmental permit for waste incineration plant over error in supporting information

The Court of Appeal last month rejected a claim that an environmental permit granted by the Environment Agency for a waste incineration plant was vitiated by an error made in the permit application.
Nov 27, 2019

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful

­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.
Nov 25, 2019

Council loses Planning Court challenge over development and policies restricting development outside settlement limits

A borough council has failed to persuade the Planning Court that a planning inspector, when granting permission for a 55-dwelling scheme, erred in affording significant rather than full weight to the conflict between the proposed development and policies in the development plan restricting development outside settlement limits.
Nov 25, 2019

Supreme Court to hear appeal by council over National Planning Policy Framework and mineral extraction in Green Belt

The Supreme Court will next week hear a county council’s appeal over whether it misapplied part of the National Planning Policy Framework (NPPF) when considering mineral extraction in the Green Belt.
Nov 22, 2019

Council able to correct Adopted Policies Map to show land inside Green Belt instead of outside of it: High Court

Vale of White Horse District Council had the right to correct an error on a map of Green Belt boundaries without going through a complete consultation on the matter, the High Court has ruled.
Nov 20, 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund.
Nov 18, 2019

Gliding club win legal challenge over prior approval for barn conversion

A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.
Nov 18, 2019

Royal borough ends bid for injunction against owner of cycling café

The Royal Borough of Windsor and Maidenhead has withdrawn its application for an injunction against the owner of a cycling café.
Nov 15, 2019

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions

The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.
Nov 12, 2019

Council vows to defend legal challenge over grant of permission for mixed-use scheme including football stadium

Luton Borough Council has said it will “vigorously defend” a legal challenge brought by a property investment company over the local authority’s decision to grant planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.
Nov 07, 2019

Campaigner crowd funds legal action over decision by council to allow expanded oil drilling

A local campaigner is seeking to crowdfund the money needed to launch a judicial review of Surrey County Council’s decision to allow expanded oil drilling near Horley.
Nov 07, 2019

Court of Appeal rules planning inspector went beyond her powers in section 73 TCPA case

A planning inspector exceeded her powers in a case concerning permission for wind turbines, the Court of Appeal has ruled.


November 29, 2019

Heads up on 'material considerations'

You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.
November 29, 2019

Climate Emergency #2 - have you thought about Planning?

Kathryn Lawrance considers how local authorities can use their planning role to further the climate change agenda.
November 29, 2019

The GPDO and Convention rights

A gliding club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act, writes Jenny Wigley.
November 22, 2019

Implications of the Giordano decision for CIL

A recent Court of Appeal decision in relation to the Community Infrastructure Levy (CIL) has significant implications - and some odd consequences, writes Christopher Cant.
November 22, 2019

Applying heritage policies: levels of harm

A High Court judge has recently issued an important ruling concerning the application of heritage policies. Killian Garvey and Philip Robson examine the outcome.
November 15, 2019

Objectively assessed need within the Local Plan process

The Court of Appeal has dismissed legal challenges to the Waverley Local Plan. Wayne Beglan explains why.
November 08, 2019

Unoccupied properties and immunity from enforcement action

A London borough recently succeeded in an important High Court challenge to the Secretary of State’s approach to immunity from enforcement action. Charles Streeten explains why.
November 01, 2019

Taking into account the impacts and benefits of deliverable schemes

The High Court has allowed a statutory challenge against the Secretary of State’s dismissal of an appeal in relation to a 1,200 dwelling scheme. Christopher Lockhart-Mummery QC and Heather Sargent explain why.
October 29, 2019

The link between planning and HMO licensing

David Smith comments on a recent change made to the Government's guidance for local housing authorities on houses in multiple occupation (HMOs), concerning the relationship between licensing and planning.
October 25, 2019

Appeals after the Rosewell Review

Nagla Stevens considers the new accelerated procedure for appeals against the refusal or non-determination of planning applications.
October 18, 2019

What is the latest on five year housing land supply?

Gary Soloman sets out for local authorities and developers the key points from new planning policy guidance and court cases about the interpretation of five year housing land supply within the National Planning Policy Framework.
October 11, 2019

When two become one

Oliver Lawrence analyses a recent High Court judgment on adjacent developments and the need to provide an Environmental Statement.
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October 11, 2019

Court rejects challenges to Heathrow expansion

Charles Streeten, barrister at Francis Taylor Building, explains how the court came to reject the claims for judicial review of the Heathrow runway expansion in R (on the application of Spurrier) v Secretary of State for Transport and other cases.
September 27, 2019

Planning appeals and air quality

The Court of Appeal has ruled on air quality considerations in planning appeals. Ashley Bowes analyses the outcome.
September 20, 2019

CIL Pools and the latest changes (in England)

Rachel Sykes analyses the impact on local authorities of the latest changes to the Community Infrastructure Levy regime that came into force at the beginning of September.
August 30, 2019

Section 73 permissions and the new CIL Regulations

Christopher Cant assesses the application of the Community Infrastructure Levy regime to planning permissions granted under section 73 in relation to post-CIL parent permissions.
August 30, 2019

People Over Wind: still blowing through planning guidance and the High Court

Michael Dempsey analyses the latest developments in relation to Habitat Regulations Assessment and appropriate assessment.
August 23, 2019

Planning permissions and the duty to give reasons

A High Court judge has shed further light on the duty to give reasons for grants of planning permission and has disagreed in part with another recent decision. Jenny Wigley explains why.
August 23, 2019

Enforcement notices, breaches of planning control and earlier permissions

The High Court has dismissed an appeal against an enforcement notice issued against redevelopment of a Hackney synagogue. Leon Glenister explains why.
August 09, 2019

The latest battle of Fulford: non-material amendments

The Court of Appeal has considered the scope of the power to make a non-material amendment under s.96A Town and Country Planning Act 1990 and whether it extends to allow non-material changes to reserved matters approvals. Jonathan Easton reports on the outcome.
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