Development
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Helicopter view of cycle superhighway environmental effects is enough
In considering the claim brought by the Licensed Taxi Drivers Association against Transport for London’s operations to deliver its £40m East-West Cycle Superhighway, the High Court accepted that a scheme…
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Kensington and Chelsea’s basements policy under attack
A woman who has been accused of having her multi-million pound Kensington townhouse painted in red and white stripes in protest over a planning dispute with the local authority today…
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Suffolk coastal core strategy upheld again
Suffolk coastal district council’s core strategy allocation of land for 2,000 new homes has survived a renewed legal challenge at the Court of Appeal.
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IM Properties Development Ltd v Lichfield District Council
Development plan document Jurisdiction
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IM Properties Development Ltd v Lichfield District Council
Development plan – Planning policy – Planning and Compulsory Purchase Act 2004 – Defendant local authority refusing claimant’s application for planning permission – Claimant applying for planning permission outside green…
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Failure by the decision maker to interpret development plan policies correctly will inevitably result in a defective decision
By virtue of section 70(2) of the Town and Country Planning Act 1990, when dealing with an application for planning permission, the local planning authority (“LPA”) is bound to have…
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R (on the application of Fox Strategic Land and Property Ltd) v Chorley Borough Council
Town and country planning Community infrastructure le
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R (on the application of Fox Strategic Land and Property Ltd) v Chorley Borough Council
Local authority – Development – Community infrastructure levy (CIL) – Claimant developer applying for judicial review of defendant council’s CIL charging structure – Whether examiner adopting irrational approach – Whether…
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In the context of planning policy, absent a definition, what constitutes a “major development” is a matter of planning judgment for the decision maker
In the earlier case of Aston v Secretary of State for Communities and Local Government [2013] EWHC 1936 (Admin), the court was unwilling to accept that the phrase “major development”…
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West Kensington Estate Tenants and Residents Association and another v Hammersmith and Fulham London Borough Council and another
Town and Country Planning Development
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West Kensington Estate Tenants and Residents Association and another v Hammersmith and Fulham London Borough Council and another
Town and country planning – Planning document – Defendant local authorities redeveloping area around Earl’s Court and West Kensington – Claimant tenant and resident associations challenging validity of opportunity area…
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An example of a planning committee failing to interpret development plan policies correctly
It is settled law that a local planning authority (“LPA”), in determining an application for planning permission, is required to proceed on the basis of a proper interpretation of the…