Recent developments in planning law
Pugh-Smith, J.
Recent developments in planning law - 2003 - Journal of Planning and Environment Law May 2003, 526-536(11) .
Reviews the key planning issues considered by the courts over the last 12 months. Describes how third-party challenges have become the biggest source of planning case law, with reference to the HL decision in "R v Hammersmith and Fulham LBC ex p Burkett" ([2002] UKHL 23; Abs66375). Examines case law covering the more specific issues of new material considerations, delegated powers, the meaning and size of a 'household', human rights considerations, plan-making jurisprudence and lawful development rights. Also discusses legitimate expectation, estoppel and enforcement of procedure with reference to the other major HL decision, "R v East Sussex CC ex p Reprotech (Pebsham) Ltd and another" ([2002] UKHL 8; WB3810-22). Concludes with speculation about the impact of planning reform upon third-party challenges. Case law.
THIRD PARTY APPEALS
MATERIAL CONSIDERATIONS
DELEGATION
HOUSEHOLDS
PLANNING POLICY
ESTOPPEL
DEVELOPMENT RIGHTS
THIRD PARTY RIGHTS
HUMAN RIGHTS
R V EAST SUSSEX CC EX P REPROTECH (PEBSHAM) LTD AND ANOTHER
R V HAMMERSMITH AND FULHAM LBC EX P BURKETT
Recent developments in planning law - 2003 - Journal of Planning and Environment Law May 2003, 526-536(11) .
Reviews the key planning issues considered by the courts over the last 12 months. Describes how third-party challenges have become the biggest source of planning case law, with reference to the HL decision in "R v Hammersmith and Fulham LBC ex p Burkett" ([2002] UKHL 23; Abs66375). Examines case law covering the more specific issues of new material considerations, delegated powers, the meaning and size of a 'household', human rights considerations, plan-making jurisprudence and lawful development rights. Also discusses legitimate expectation, estoppel and enforcement of procedure with reference to the other major HL decision, "R v East Sussex CC ex p Reprotech (Pebsham) Ltd and another" ([2002] UKHL 8; WB3810-22). Concludes with speculation about the impact of planning reform upon third-party challenges. Case law.
THIRD PARTY APPEALS
MATERIAL CONSIDERATIONS
DELEGATION
HOUSEHOLDS
PLANNING POLICY
ESTOPPEL
DEVELOPMENT RIGHTS
THIRD PARTY RIGHTS
HUMAN RIGHTS
R V EAST SUSSEX CC EX P REPROTECH (PEBSHAM) LTD AND ANOTHER
R V HAMMERSMITH AND FULHAM LBC EX P BURKETT