Planning application
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Charity says it was unfairly treated in mosque planning process
Lawyers for a Muslim charity that has been trying to build a mosque and community centre in Dudley told the Court of Appeal in London today that the local council…
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Third party fears as a material consideration
The courts have recognised that the fear of local residents is, in principle, capable of amounting to a material consideration in the determination of a planning application.
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Where a recognised fallback position subsists the current planning application must still be determined on its own merits
The fact that the planning history of a site may be a material consideration in the determination of a planning application in respect of the site has given rise to…
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The term “need” is capable of encompassing “necessity” at one end of the spectrum and “demand” at the other, depending upon the context
In R (on the application of Cherkley Campaign Ltd) v Mole Valley District Council [2014] EWCA Civ 567; [2014] PLSCS 138, a local amenity group applied successfully at first instance…
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An unsuccessful challenge to a refusal by the secretary of state to call in a planning application for his own determination
In R (on the application of the Mayor and Citizens of the City of Westminster) v Secretary of State for Communities and Local Government [2014] EWHC 708 (Admin) the court…
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The court casts doubt on the validity of general advice issued by the chief planner
Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, in its amended form, obliges a local planning authority (“LPA”) in two sets of circumstances to…
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A local planning authority’s power to decline to determine a subsequent similar planning application
Section 70A of the Town and Country Planning Act 1990 gives a local planning authority (“LPA”) a discretion to decline to determine a subsequent similar planning application in three sets…
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A planning condition can, in principle, be imposed to address a situation falling short of one considered to involve a likelihood of significant adverse effects
The legal test for the validity of a planning condition is well established. For a condition to be lawful it must (1) be imposed for a planning purpose and not…
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The apparent need for a section 73 planning application may on occasion be avoided
Section 73 of the Town and Country Planning Act 1990 (“the Act”) empowers a local planning authority (“LPA”), on an application being made to it, effectively to discharge or amend…
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The Secretary of State’s discretion to “call in” a planning application is a wide one, but it is by no means completely unfettered
The report that the High Court has granted permission to Westminster City Council and English Heritage to seek judicial review of a decision by the Secretary of State not to…
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PP 2013/129
Aarhus Convention rights and obligations are prayed in aid in support of a High Court challenge based on the principle of prematurity.
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PP 2013/114
A rare example of a challenge to the decision of a local planning authority to decline to determine a subsequent planning application Section 70A of the Town and Planning…