Planning permission
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Failure to have regard to a material consideration and the court’s discretion not to quash
Where a challenge is made to a decision in respect of a planning application on the ground that the decision-maker failed to have regard to a material consideration and the…
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R (on the application of Mevagissey Parish Council) v Cornwall Council
Town and country planning Planning permission
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R (on the application of Mevagissey Parish Council) v Cornwall Council
Town and country planning – Planning permission – Area of outstanding natural beauty (AONB) – Developer applying for planning permission to build residential dwellings, including affordable housing, in area of…
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Scrivens v Secretary of State for Communities and Local Government
Town and country planning Planning permission
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Scrivens v Secretary of State for Communities and Local Government
Development – Planning permission – Sustainability – Claimant making multiple unsuccessful applications for planning permission for sustainable self sufficient dwelling – Claimant seeking to quash planning inspectors’ decisions – Whether…
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JB Trustees Ltd and others v Secretary of State for Communities and Local Government and others
Town and country planning Planning permission
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JB Trustees Ltd and others v Secretary of State for Communities and Local Government and others
Town and country planning – Planning permission – Judicial review – Claimants owning strip of land beside proposed development site – Local authority granting outline planning permission for residential development…
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Jaytee (Rainton) LLP and others v Secretary of State for Communities and Local Government and others
Town and country planning Planning permission
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Jaytee (Rainton) LLP and others v Secretary of State for Communities and Local Government and others
Town and country planning – Development – Planning permission – First defendant secretary of state refusing planning application for motorway service area – Claimants applying to quash decision – Whether…
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A planning inspector is held entitled to reclassify a section 73 planning permission as one granted under section 73A
It is important to distinguish between a planning application made under section 73 of the Town and Country Planning Act 1990, and one made under section 73A.
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A local planning authority successfully pre-empts the quashing of an earlier flawed planning permission
On a successful claim for judicial review of a decision by a local planning authority (“LPA”) to grant planning permission, the court will not substitute it own judgment on the…
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There may possibly be limited circumstances in which a local planning authority can unilaterally withdraw a planning permission lawfully
It has long been accepted that the grant of planning permission vests development rights in the land in question, and that a local planning authority (“LPA”) has no power simply…