Recent case developments in planning law and practice 2003
Pugh-Smith, J
Recent case developments in planning law and practice 2003 - 2004 - Journal of Planning and Environment Law April 2004, 398-418(21) .
Reviews the key planning issues considered by the courts during 2003.The section on environmental impact assessment looks at: development consents; enforcement considerations; section 73 applications; later approvals; and the screening process. The planning inquiries section focuses on reasons for environmental impact assessment development consents and the scope of planning permissions. The enforcement section discusses: section 187B injunctions; the four-year rule; the demolition of existing buildings; the making of tree preservation orders; and nature conservation designations. The section on the application of planning policy considers the emergence of the importance of local plans; attempts to try and prevent a precedent and clarifies national policy. Other specific issues covered include: publicising planning applications; statements of common ground; competing future uses; permission costs in judicial review proceedings; and modifying section 106 agreements. Refers to case law throughout.
R V SOS TRANSPORT EX P WELLS
R V LONDON UNDERGROUND LTD AND OTHERS EX P HAMMERTON
R V LONDON UNDERGROUND LTD EX P PROKOPP
R V BROMLEY LBC AND ANOTHER EX P BARKER
SMITH V SOS ENVIRONMENT
R V LEWISHAM LBC AND ANOTHER EX P GOODMAN AND ANOTHER
R V SOUTHWARK LBC EX P LAMBERT
R V FIRST SOS EX P ORCHARD
BELLWAY URBAN RENEWAL SOUTHERN V GILLESPIE
R V MANSFIELD DC EX P JONES
EVANS V FIRST SOS AND OTHERS
YOUNGER HOMES (NORTHERN) LTD V FIRST SOS AND ANOTHER
R V HAMMERSMITH AND FULHAM LBC EX P BURKETT
R V NORTH YORKSHIRE CC EX P RICHARDSON
R V HARTLEPOOL BC AND ANOTHER EX P GREGAN
WREXHAM BC V BERRY
SOUTH BUCKS DC V PORTER
CHICHESTER DC V SEARLE AND OTHERS
SAGE V SOS ENVIRONMENT AND OTHERS
R V FIRST SOS EX P GOSBEE
R V BROMSGROVE DC EX P BRENNON
R V ENGLISH NATURE EX P FISHER
BOWN V SOS TRANSPORT
R V OXFORD CITY COUNCIL EX P J A PYE (OXFORD) LTD
GLOUCESTER CITY COUNCIL V FIRST SOS
ALDERNEY ESTATES V SOS TRANSPORT
R V HARINGEY LBC AND ANOTHER EX P GAVIN
DTLR CIRCULAR 5/2000
R V WESTMINSTER LBC EX P MOUNT COOK LAND LTD AND ANOTHER
R V NORTH SOMERSET DC AND ANOTHER EX P GARDEN AND LEISURE GROUP LTD
ENVIRONMENT IMPACT ASSESSMENT
DEVELOPMENT CONSENTS
TOWN AND COUNTRY PLANNING ACT 1990 S73
PLANNING INQUIRIES
TOWN AND COUNTRY PLANNING ACT 1990 S187(B)
TOWN AND COUNTRY PLANNING ACT 1990 S171(B)(1)
TREE PRESERVATION ORDERS (TPOs)
LOCAL PLAN
TOWN AND COUNTRY PLANNING ACT 1990 S106
PLANNING AND COMPULSORY PURCHASE ACT 2004
Recent case developments in planning law and practice 2003 - 2004 - Journal of Planning and Environment Law April 2004, 398-418(21) .
Reviews the key planning issues considered by the courts during 2003.The section on environmental impact assessment looks at: development consents; enforcement considerations; section 73 applications; later approvals; and the screening process. The planning inquiries section focuses on reasons for environmental impact assessment development consents and the scope of planning permissions. The enforcement section discusses: section 187B injunctions; the four-year rule; the demolition of existing buildings; the making of tree preservation orders; and nature conservation designations. The section on the application of planning policy considers the emergence of the importance of local plans; attempts to try and prevent a precedent and clarifies national policy. Other specific issues covered include: publicising planning applications; statements of common ground; competing future uses; permission costs in judicial review proceedings; and modifying section 106 agreements. Refers to case law throughout.
R V SOS TRANSPORT EX P WELLS
R V LONDON UNDERGROUND LTD AND OTHERS EX P HAMMERTON
R V LONDON UNDERGROUND LTD EX P PROKOPP
R V BROMLEY LBC AND ANOTHER EX P BARKER
SMITH V SOS ENVIRONMENT
R V LEWISHAM LBC AND ANOTHER EX P GOODMAN AND ANOTHER
R V SOUTHWARK LBC EX P LAMBERT
R V FIRST SOS EX P ORCHARD
BELLWAY URBAN RENEWAL SOUTHERN V GILLESPIE
R V MANSFIELD DC EX P JONES
EVANS V FIRST SOS AND OTHERS
YOUNGER HOMES (NORTHERN) LTD V FIRST SOS AND ANOTHER
R V HAMMERSMITH AND FULHAM LBC EX P BURKETT
R V NORTH YORKSHIRE CC EX P RICHARDSON
R V HARTLEPOOL BC AND ANOTHER EX P GREGAN
WREXHAM BC V BERRY
SOUTH BUCKS DC V PORTER
CHICHESTER DC V SEARLE AND OTHERS
SAGE V SOS ENVIRONMENT AND OTHERS
R V FIRST SOS EX P GOSBEE
R V BROMSGROVE DC EX P BRENNON
R V ENGLISH NATURE EX P FISHER
BOWN V SOS TRANSPORT
R V OXFORD CITY COUNCIL EX P J A PYE (OXFORD) LTD
GLOUCESTER CITY COUNCIL V FIRST SOS
ALDERNEY ESTATES V SOS TRANSPORT
R V HARINGEY LBC AND ANOTHER EX P GAVIN
DTLR CIRCULAR 5/2000
R V WESTMINSTER LBC EX P MOUNT COOK LAND LTD AND ANOTHER
R V NORTH SOMERSET DC AND ANOTHER EX P GARDEN AND LEISURE GROUP LTD
ENVIRONMENT IMPACT ASSESSMENT
DEVELOPMENT CONSENTS
TOWN AND COUNTRY PLANNING ACT 1990 S73
PLANNING INQUIRIES
TOWN AND COUNTRY PLANNING ACT 1990 S187(B)
TOWN AND COUNTRY PLANNING ACT 1990 S171(B)(1)
TREE PRESERVATION ORDERS (TPOs)
LOCAL PLAN
TOWN AND COUNTRY PLANNING ACT 1990 S106
PLANNING AND COMPULSORY PURCHASE ACT 2004