Town and country planning
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There is no place for the eiusdem generis rule when interpreting a planning permission
In R (on the application of XPL Ltd) v Harlow Council [2014] EWHC 3860 (Admin); [2014] PLSCS 328, the local planning authority (“LPA”) had earlier granted planning permission to the…
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R (on the application of XPL Ltd) v Harlow Council
Planning permission – Condition notice – Compliance – Claimant applying for judicial review of decision of defendant local authority to issue breach of condition notice for non-compliance with planning condition…
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R (on the application of XPL Ltd) v Harlow Council
Town and Country Planning Breach of Condition Notice
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O’Connor v Secretary of State for Communities and Local Government and another
Town and Country Planning Enforcement notice
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O’Connor v Secretary of State for Communities and Local Government and another
Planning permission – Enforcement notice – Planning control — Claimant challenging decisions dismissing appeals against refusal of planning permission and enforcement notice — Whether secretary of state failing adequately to…
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R (on the application of Robert Hitchins Ltd) v Worcestershire County Council
Town and country planning Condition
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R (on the application of Robert Hitchins Ltd) v Worcestershire County Council
Town and country planning – Planning permission – Conditions – Claimant obtaining planning permission subject to section 106 agreement requiring payment of transport contributions – Claimant submitting second planning application…
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Where two planning permissions exist in respect of the same land, as a matter of general principle, a developer may choose between them
In Pye v Secretary of State for the Environment [1998] 3 PLR 72, an application had been made to the local planning authority (“LPA”) under section 73 of the Town…
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The Upper Tribunal allows an appeal against the issue of a negative certificate of appropriate alternative development
Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, section 17 of the Land Compensation Act 1961 enables both the acquiring authority…
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Environmental impact assessment and artificial project splitting
The CJEU has clearly stated that the purpose of the EIA Directive cannot be circumvented by the splitting of projects.
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The judicially approved approach to heritage assets
Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Act”) provides that in considering whether to grant planning permission for development that affects a listed building…
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An enforcement notice is not rendered a nullity by the need for third party consent for the required works
The proceedings in Cash v Wokingham Borough Council [2014] EWHC 3784 (Admin) might at best be described as misconceived in their form.