A planning condition which stated that the property could be used for "no other purpose whatsoever, without express planning consent from the Local Planning Authority first being obtained" was sufficiently clear to exclude the operation of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013. The applicant (D) applied to quash a … Continue reading DUNNETT INVESTMENTS LTD v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) EAST DORSET DISTRICT COUNCIL (2016)
The claimant applied for judicial review of a decision of the defendant local authority to grant a 30-year planning permission for a solar photovoltaic farm. The site was 670m from a conservation area and was also one kilometre from a Grade I listed building and a Grade II* registered park and garden containing a Grade … Continue reading R (on the application of KATHARINE BUTLER) (Claimant) v EAST DORSET DISTRICT COUNCIL (Defendant) & GOOD ENERGY MAPPERTON FARM SOLAR PARK (007) LTD (Interested Party) (2016)
The claimant applied for judicial review of a decision of the defendant local authority to grant planning permission to the interested party landowner for four gypsy pitches, associated development and a goat barn. The site was on a private road in open countryside which served some businesses, 13 dwellings and some authorised gypsy and traveller … Continue reading R (on the application of RAYMOND COOPER) (Claimant) v ASHFORD BOROUGH COUNCIL (Defendant) & MICHAEL MAY (Interested Party) (2016)
The Court of Appeal considered the effect of relevant planning policy and guidance in relation to an appeal against the grant of planning permission for the development of properties within the buffer zone of the Liverpool World Heritage Site. Judgment reserved.
An energy company appealed against a decision that the fact that the local MP had lobbied against its proposed wind farm did not render the refusal of planning permission by the first respondent secretary of state unlawful. Permission had initially been refused in 2011. The application was not finally determined until December 2014, when, after … Continue reading BROADVIEW ENERGY DEVELOPMENTS LTD v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2016)
The claimant applied for judicial review of the defendant local authority's decision to grant planning permission to the interested party for the change of use of land. The application site formed part of a wider site which had been granted planning permission for the retention of a mobile home, a touring caravan and a … Continue reading R (ON THE APPLICATION OF XY) (Claimant) v MAIDSTONE BOROUGH COUNCIL (Defendant) & THOMAS SMITH (Interested Party) (2016)
A retail company appealed against the refusal ( EWHC 2504 (Admin)) of its application for judicial review of the first respondent local authority's grant of outline planning permission to the second and third respondents for a food store. The proposed development site was situated about 500m from the town centre. The appellant's food store … Continue reading WARNERS RETAIL (MORETON) LTD v (1) COTSWOLD DISTRICT COUNCIL (2) MINTON HEALTHCARE LTD (3) GLAMAR LEISURE LTD (4) SAINSBURY’S SUPERMARKETS LTD (2016)