Tag Archive for 'planning'

Plan for this!

By David Smith on 15/04/2011. 2 Comments

R (on the application of Milton Keynes Council) v Secretary of State for Communities and Local Government (2011) QBD (Admin) (Harrison J) 11/4/2011

We have previously posted on the saga of the rise and fall of planning permission for HMO property. The story now has a new chapter.

A number of local authorities were distinctly unhappy about the relaxation of the system of HMO planning by the amendment of the General Permitted Development Order to allow change of use from the C3 to the new C4 HMO planning class without seeking permission. They were even less happy that the ability of planning authorities to give notice to withdraw the permission … Read the full post

Posted in FLW case note, Housing law - All and Regulation and planning. Tags: , .

HMO Planning Relaxation

By David Smith on 10/09/2010. 0 Comments

We have previously posted on the introduction of the requirement for planning consent for Houses in Multiple Occupation, introduced by the outgoing Labour government as one of their last acts. This is now set to be undone with the laying before Parliament of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2010.

This amends the usual planning GPDO to allow free movement between the C3 and C4 planning classes. However, the requirement for planning consent for larger HMOs of more than 6 persons will remain in place and unchanged and many local authorities are keeping a close eye on this.

There is also the possibility … Read the full post

Posted in FLW article. Tags: , , .

Thoroughly premature planning injunction…

By NL on 23/10/2009. 4 Comments

Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB)

This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated agricultural land in Brentwood’s area.

At the time of purchase, the plot was subject to two enforcement notices from 2001, one of which required the removal of all touring caravans from the site, the permanent cessation of the use of the site for residential purposes and reinstatement of the site to a condition suitable for agriculture. That notice had not been enforced by Brentwood … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , .

Peverse incentive

By J on 02/08/2009. 0 Comments

We don’t usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider importance.

The appellants owned a site (comprised of two separate plots) at Reeves Ground. They did not move onto the site but applied for planning permission. That was refused, both by the local planning authority (North Somerset Council) and by the planning inspector.

Part of the reasoning of the inspector was that, because the appellants did not live on the land, any dismissal of their application would … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Possession and Regulation and planning. Tags: , , , .

The Basildon Endgame

By NL on 26/01/2009. 0 Comments

As people may well have noticed from the news on TV and in the press, the last Court of Appeal hearing in the drawn out saga of the (unlawful) Essex traveller sites resulted in a defeat for the travellers. Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 was the Court of Appeal hearing of Basildon DC’s appeal against a High Court decision that, in effect, evictions could not proceed against individual households until individual consideration of their circumstances had been carried out. Some 63 caravan pitches were at issue.

Previous litigation over planning permission had been exhausted and, for the occupants, it was admitted that they occupied … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Licences and occupiers, Possession and Regulation and planning. Tags: , , , .

Alternative sites – the burden of proof

By NL on 10/09/2008. 0 Comments

South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Ors [2008] EWCA Civ 1010 was an appeal of a High Court decision on Judicial Review of the decision of an Inspector in the appeal of a planning decision not to allow residential caravan siting for a family on a property in South Cambridgeshire.

The family involved had srong personal reasons involving the medical condition of a child for remaining in the area. Planning permission was refused on the basis that it was against the regional development plan. The inspector allowed the appeal with strict conditions on the basis of the exceptional conditions. South Cambs challenged … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Possession and Regulation and planning. Tags: , , , , .

Considering Equality of Opportunity

By NL on 28/02/2008. 0 Comments

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141. A Court of Appeal judgment on appeals of refusal for planning permission for the retention of mobile homes on green belt land by Irish traveller families. The appeal failed, but what is particularly interesting is the examination of section 71(1)(b) of the Race Relations Act 1976. The EHRC intervened in this appeal, so the issue of ‘due regard’ to s71 “the need to promote equality of opportunity between persons of different racial groups”, in public authority decision-making got a good hearing.

In the only judgment, Lord Justice … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Licences and occupiers and Regulation and planning. Tags: , , , , .
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