Town and country planning
-
What can properly be included within an “area” for the purposes of a designation under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990?
Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 obliges a local planning authority (“LPA”) from time to time to determine which parts of its area are…
-
Article 3.1 of the United Nations Convention on the Rights of the Child and planning decisions
Article 3.1 of the UNCRC, which requires all relevant authorities to treat “the best interests of the child” as a “primary consideration”, was considered by the Supreme Court in ZH…
-
Conditions challenged as neither necessary nor reasonable
The test for the lawfulness of a condition imposed in granting planning permission was summarised by Viscount Dilhorne in Newbury District Council v Secretary of State for the Environment [1981]…
-
R (on the application of GRA Acquisition Ltd) v Oxford City Council
Conservation area – Designation – Section 69 of Planning (Listed Buildings and Conservation Area) Act 1990 – Defendant local authority designating former greyhound racing track as conservation area – Claimant…
-
Ahmed v Secretary of State for Communities and Local Government
Town and country planning – Enforcement notice – Appeal – Building not conforming to terms of relevant planning permission – Permission lapsing – Enforcement notice requiring breach of planning control…
-
When does land constitute an “open space” for in the context of disposal by a local authority?
Section 123(1) and (2) of the Local Government Act 1972 (“the 1972 Act”) empower a local authority to dispose of land held by it in any manner that it wishes,…
-
Regulation 122(2) and the extent of its application generally
Paragraph 204 of the NPPF states that a planning obligation should only be sought where it meets all of the followings tests, namely it is (1) necessary to make the…
-
R (on the application of Savage) v Mansfield District Council
Planning permission – Consultation – Respondents granting planning permission for development following consultation with Natural England – Whether failure to follow advice of Natural England amounting to non-compliance with legal…
-
Deliberately concealed breaches of planning control and the Welwyn principle
In Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2011] UKSC 15; [2011] PLSCS 97, the Supreme Court held that – as a matter of public…
-
Valentino Plus Ltd v Secretary of State for Communities and Local Government and others
Town and country planning – Certificate of lawful use or development – Mixed use – class F of part 3 of schedule 2 to General Permitted Development Order 1995 –…
-
Valentino Plus Ltd v Secretary of State for Communities and Local Government and others
Town and country planning Certificate of lawful use or development