Town and country planning
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Deliberately concealed breaches of planning control and the amended enforcement regime
The limitation periods for taking enforcement action in respect of breaches of planning control are set out in section 171B of the Town and Country Planning Act 1990 (“the Act”).
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Pugh v Secretary of State for Communities and Local Government
Planning permission – Wind turbine – Listed building – Harm – Claimant challenging decision of defendant secretary of state allowing appeal against refusal of planning permission for wind turbine –…
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Pugh v Secretary of State for Communities and Local Government
Town and country planning Wind turbine
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Howard and another v Wigan Council
Planning permission – Environmental impact assessment – Screening opinion – Claimant objectors challenging decision to grant planning permission – Whether defendant local authority erring in approving development without environmental impact…
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Howard and another v Wigan Council
Town and country planning Environmental impact assessment
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Kendall v Rochford District Council and another
Town and country planning – Allocation plan – Consultation process – Claimant applying for order quashing allocation plan of first defendant local planning authority alleging serious flaws in consultation –…
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Kendall v Rochford District Council and another
Town and Country Planning Allocation plan
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Breaches of EU law and the court’s discretion not to quash
In Berkeley v Secretary of State for the Environment (No 1) [2001] 2 AC 603 the House of Lords concluded that the discretion of the court not to quash a…
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Screening and proposed remedial measures
Where it appears to a local planning authority (“LPA”) that it has received a planning application in respect of a development falling within Schedule 2 to the Town and Country…
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Determining the procedure for section 78 appeals
The claimant’s related ground of challenge in Westerleigh Group Ltd v Secretary of State for Communities and Local Government (see PP 2015/2) was that the inspector erred in law generally…
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Alternative sites as a material consideration in the determination of planning applications and appeals – once more
A challenge to the grant of planning permission based upon the argument that there were preferable alternative sites upon which the proposed development could have been carried out also featured…
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Alternative sites as a material consideration in the determination of planning applications and appeals
Where there are clear planning objections to the development proposals in question, it may be relevant – and indeed necessary – to consider whether there is a more appropriate alternative…