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...
HMO Planning Relaxation
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...
Thoroughly premature planning injunction…
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...
Peverse incentive
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...
The Basildon Endgame
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...
Alternative sites – the burden of proof
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...
Considering Equality of Opportunity
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...