Planning Permission in UK Law
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Save Britain's Heritage v Number 1 Poultry Ltd
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The single indivisible question, in my opinion, which the court must ask itself whenever a planning decision is challenged on the ground of a failure to give reasons is whether the interests of the applicant have been substantially prejudiced by the deficiency of the reasons given.
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South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
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They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds.
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Wheeler v JJ Saunders Ltd
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I can well see that in such a case the public interest must be allowed to and prevail that it would be inappropriate to grant an injunction (though whether that should preclude any award of damages in lieu is a question which may need further consideration). The Court should be slow to acquiesce in the extinction of private rights without compensation as a result of administrative decisions which cannot be appealed and are difficult to challenge.
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Berkeley v Secretary of State for the Environment Transport and the Regions and Another
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Although section 288(5)(b), in providing that the court "may" quash an ultra vires planning decision, clearly confers a discretion upon the court, I doubt whether, consistently with its obligations under European law, the court may exercise that discretion to uphold a planning permission which has been granted contrary to the provisions of the Directive.
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Tesco Stores Ltd v Secretary of State for the Environment and Others
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If there is one principle of planning law more firmly settled than any other, it is that matters of planning judgment are within the exclusive province of the local planning authority or the Secretary of State.
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Westminster City Council v Great Portland Estates Plc
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Personal circumstances of an occupier, personal hardship, the difficulties of businesses which are of value to the character of a community are not to be ignored in the administration of planning control. It would be inhuman pedantry to exclude from the control of our environment the human factor. It can, however, and sometimes should, be given direct effect as an exceptional or special circumstance.
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Pyx Grainite Company Ltd v Ministry of Housing and Local Government
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Although the planning authorities are given very wide powers to impose "such conditions as they think fit", nevertheless the law says that those conditions, to be valid, must fairly and reasonably relate to the permitted development. The planning authority are not at liberty to use their powers for an ulterior object, however desirable that object may seem to them to be in the public interest.
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The Conservation of Habitats and Species Regulations 2017
...... matters) ) ;(c) regulation 41(4) (national policy statement under Planning Act 2008 ) ;(d) Chapter 1 of Part 6 (assessment of plans and projects: ... the Scotland Act 1998) ;(e) in regulation 70 (grant of planning permission) —(i) paragraph (1) (e) (ii) and (iii) (deemed grant of planning ......
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Neighbourhood Planning Act 2017
......(1) Section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permission: general considerations) is amended as follows. . (2) In subsection (2) (matters to which local planning authority must have regard in dealing with ......
- The Town and Country Planning (Permission in Principle) Order 2017
- The Town and Country Planning (Permission in Principle) (Amendment) Order 2017
- Planning Permission
- Planning Permission
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RELEVANT CRITERIA IN GRANTING PLANNING PERMISSION FOR HERITAGE ASSETS: CITY & COUNTRY BRAMSHILL LTD V. SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT, HART DISTRICT COUNCIL, HISTORIC ENGLAND AND THE NATIONAL TRUST FOR PLACES OF HISTORIC INTEREST OR NATURAL BEAUTY.
...On 9 March 2021 the Court of Appeal handed down its judgment dismissing the appeal brought by City & Country which concerned the redevelopment of the Grade I listed Jacobean manor of Bramshill House set within the Grade I Registered Park and Garden o......
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Rational expectations?. Developer behaviour and development cycles in the central London office market
Purpose: Expectations of future market conditions are acknowledged to be crucial for the development decision and hence for shaping the built environment. The purpose of this paper is to study the ......... FuerstHenley Business School, School of Real Estate and Planning,University of Reading, Reading, UK, andAnna-Maija GrandyDTZ, London, ... to stem from the lengthy design, financing and planning permission processes rather thanadaptive or naive expectations.Research ......
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Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
Lands Chamber (Upper Tribunal) forms including appeals forms.......Act 1925?. Yes If yes, give details below. No. 13. Planning permission. Provide details of planning permissions applied for, granted ......
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Absent owner application form
Lands Chamber (Upper Tribunal) forms including appeals forms.......for habitation?. Yes. No. What are the extant planning proposals for this land?. Give details of any planning permission that has ......
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Planning statutory review claim form
Planning Court forms including the statutory review claim form.......name. address. 2 of 6. SECTION 4 Permission to proceed with a claim for a planning statutory review. I am seeking permission to proceed with my claim for a planning statutory review. Are you ......
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Application under regulation 10 of the Mobile Homes (Site Rules) (England) Regulations 2014 ('the 2014 regulations') with regard to the proposed making, varying or deletion of a site rule or rules
Forms relating to park homes including termination of an agreement....... . . . . (iii) the terms of any planning permission or conditions of the site licence. . . . ......