Town and country planning
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The court’s discretion not to quash; matters weighing in the balance
In R (on the application of Gerber) v Wiltshire Council (see PP 2015/56), it is worth considering the specific factors that guided the judge’s decision that it was appropriate in…
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Negative screening opinions and the Lebus principle
A further ground of challenge put forward by the claimant in R (on the application of Gerber) v Wiltshire Council (see PP 2015/56), related to the negative screening opinion adopted…
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Ioannou v Secretary of State for Communities and Local Government and another
Town and country planning – Enforcement notice – Appeal – Town and Country Planning Act 1990 – Local planning authority issuing enforcement notice in respect of conversion of single dwelling…
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The proper interpretation of section 113(4) of the Planning and Compulsory Purchase Act 2004
An application under section 113 of the Planning and Compulsory Purchase Act 2004 (“the Act”) to challenge in the High Court a development plan document, or part of one, must…
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A planning inspector’s conduct falls short of meeting the test for establishing apparent bias
The conduct of a planning inquiry in England into a called in planning application is governed by the Town and Country Planning (Inquiries Procedure) (England) Rules 2000.
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Cheshire East Borough Council v Secretary of State for Communities and Local Government and another
Town and country planning – Outline planning permission – National planning policy framework (NPPF) – Claimant local authority applying to quash decision of first defendant secretary of state to grant…
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Cheshire East Borough Council v Secretary of State for Communities and Local Government and another
Town and country planning National planning policy framework
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Lawson Builders Ltd and others v Secretary of State for Communities and Local Government and others
Town and country planning Lawful use certificate
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Satnam Millennium Ltd v Warrington Borough Council
Town and country planning Local plan
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Satnam Millennium Ltd v Warrington Borough Council
Town and country planning – Local plan – Development – Claimant developer challenging parts of local plan core strategy adopted by defendant local planning authority – Whether plan failing to…
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The Upper Tribunal sounds a warning in relation to claims for compensation for the compulsory acquisition of land
The courts have long recognised that legitimate expectation – as a principle of public law – is capable of applying in the context of town and country planning. That said,…
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Representations to the judge post circulation of a draft judgment may amount to an abuse of process
In R (on the application of Davies) v Carmarthenshire County Council (see PP 2015/46) counsel for the unsuccessful defendant – following circulation of the draft judgment – submitted substantial written…