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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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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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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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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Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland)
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[44] A planning obligation, which required as a pre-condition for commencing development that a developer pay a financial contribution for a purpose which did not relate to the burdened land, could be said to restrict the development of the site, but it would also be unlawful.
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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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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.
- The Town and Country Planning (Permission in Principle) Order 2017
- The Town and Country Planning (Permission in Principle) (Amendment) Order 2017
- The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017
- The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012
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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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Nurturing property investment by re‐engineered systems for land pricing by local authorities
Purpose: The research in this paper is aimed at re‐engineering existing approaches to the analysis of proposed developments in local authorities – from land pricing to planning permission – hence r......... developments in local authorities – from land pricing to planning permission – hencereducing the loss of revenue in councils, and nurture ......
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Yuppies, Drugs and Tesco: Should the Bank of England Blame Itself for Bank Failures?
In the early 1980s Tesco had provisionally agreed plans with the property developer, Provincial Properties Wales, to build a new store in Barry. Michael Hepker, the owner of Ravensbury Investments,.........Unfortunately, planning permission for the building was refused, but, if accusations subse-quently ......
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Chapter bim60806
...... In the absence of other factors obtaining planning permission will not constitute land being developed for the purpose of ......
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Chapter CA94100
......Expenditure incurred on, or in connection with, seeking planning permission, including fees and related costs, is not expenditure incurred ......
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Chapter SDLTM22505
...... from a potential double charge where they have entered into planning obligations in the course of a development. It is common for a planning ... contribution) as a condition of the authority granting planning permission for a development. Where the obligations require extra building works, as ......
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Chapter CA50300
.... . . The costs of seeking planning permission (whether successful or not), where that permission is to enable ......