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Ned Westaway
The Supreme Court is today hearing the appeal against the Court of Appeal’s decision in Campaign to Protect Rural England – Kent Branch v SSCLG [2019] EWCA Civ 1230 (judgment here). The issue before the Court which is potentially of very wide importance is whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of...
Charles Streeten
Mrs Justice Steyn has today handed down judgment in Malvern Hills DC v Secretary of State for Housing Communities and Local Government [2021] EWHC 129 (Admin).   The case concerned the grant of planning permission for the storage of ex-British Railways steam operated crane ADRS 9500 for demonstrations at the Welland Steam and Country Rally, in a shed erected across a public foot-path without...
Meyric Lewis
Thurston Parish Council has launched a judicial review against Mid Suffolk Council challenging the grant of planning permission to Bloor Homes for a housing development of 210 units outside the settlement boundary established in the recently made Thurston Neighbourhood Plan. The Council granted planning permission in reliance on the site’s draft allocation for development in the emerging Babergh...
Andrew Tait QC
The Court of Appeal has handed down judgment in R (ClientEarth) v Secretary of State for Business, Energy and Industrial Strategy [2021] EWCA Civ 43 – judgment available here.   The grounds of challenge concerned the interpretation of National Policy Statements for Energy EN-1 and EN-2 and the application of s.104(7) of the Planning Act 2008.  The Court of Appeal held that in making the Drax...
David Matthias QC
The High Court has today handed down two judgments in R (UTAG & LTDA) v Transport for London & Mayor of London [2021] EWHC 72 (Admin) and R (UTAG & LTDA) v Transport for London & Mayor of London  [2021] EWHC 73 (Admin), allowing the two conjoined claims for judicial review brought by two trade bodies representing the 'Black Cab' industry (the United Trade Action Group and the...
Conor Fegan
Antrim and Newtownabbey last night resolved to grant planning permission for a replacement pig farm outside Ballyclare following a contested committee  hearing. The development was a “major development” under the  Planning (Development Management) Regulations (Northern Ireland) 2015.  It will involve the demolition  of the existing pig farm,  and replacement with a modern pig farm with three new...
George Mackenzie
A planning inspector has dismissed a s.78 appeal for the provision of a new school for 1,000+ pupils together with a number of new grass and artificial sports pitches as well a new sports pavilion for the school and a new club house for Maidenhead Hockey Club in the Green Belt. The application had initially been refused by the Royal Borough of Windsor and Maidenhead (RBWM).    The proposal for...
Sarah Sackman
The Court of Appeal has handed down judgment in Ikram v Secretary of State for Housing and Communities & Another [2021] EWCA Civ 2 and in doing so has upheld the decision of Lang. J to quash an Inspector’s decision letter granting planning permission for use of land in Brent as a Mosque. The Secretary of State as well Trustees of the Charity Islamic Link and the Bubal Murad Centre had...
Annabel Graham Paul
In Ceredigion County Council v Robinson (No 2) [2020] EWHC 3425 (Admin), the Divisional Court (Stuart-Smith LJ and Jefford J) have held that an information under s. 179 of the Town and Country Planning Act 1990 does not need expressly to state the date by which an enforcement notice should have been complied with. Authority to the contrary, Maltedge and Frost v Wokingham DC [1992] 64 P & CR...
Richard Honey
The High Court has granted permission to proceed with a judicial review of the decision of Thanet District Council to grant planning permission for 38 residential dwellings adjacent to a Special Educational Needs school in Kent. The Claimant is a parent of a child at the school.   Mrs Justice Lang DBE has granted permission on all five grounds, relating to the approach taken to the impact of the...

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