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cases


Re-determination – Material Considerations

Where a planning appeal is quashed by the High Court, it is incapable of ever having had any legal effect upon the rights and duties of the parties. There is, [...]

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Zylinski v SSCLG and others

A statutory challenge to an Inspector’s decision in an enforcement notice appeal was dismissed at the permission stage, but the enforcement notice was nevertheless sufficiently unclear to justify the ordering [...]

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Broadland DC v Trott [2011] EWCA Civ 301
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Peter Trott v Broadland District Council [2011] EWCA Civ 301

Click for coverage of the judgment in our News section The Court of Appeal allowed Mr Trott’s appeal against the grant of a planning injunction. Harriet Townsend acted for the [...]

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Western Power Distribution Investments Ltd v Cardiff CC [2011] EWHC 300 (Admin)

Judicial review of the Council’s decision to designate land as a local nature reserve under section 21 of the National Parks and Access to the Countryside Act 1949. The land [...]

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OCC v Wyatt Brothers (Oxford) Ltd and others

An application for committal for contempt of court was granted by the High Court in a long running case concerning the unlawful deposit of waste on land adjacent to a [...]

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Bown v Bristol City Council Wyn Williams QC [2009] EWHC 1747 (Admin), [2009] Env LR D16

In a section 288 challenge to a Tree Preservation Order, the Court decided a preliminary point against the Claimant on the grounds he was not a “person aggrieved” and so [...]

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Catt v Brighton and Hove City Council [2009] EWHC 1639 Sir Thayne Forbes [2009] 3 CMLR 44, [2010] Env LR 6, [2010] JPL 325

An application for a reference to the ECJ over a question of interpretation of the EIA Directive was refused where it was not necessary for the Court to determine the [...]

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R (Street) v Cardiff County Council [2009] EWHC 3620 (Admin) Jarman QC

Application for permission for judicial review of a decision to grant planning permission for a tethered hot air balloon within an open area of land in Cardiff Bay. Permission refused, [...]

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R (Bown) v Bristol City Council [2009] EWHC 1747 (Admin) Wyn Williams QC

Appeal under s.288 of the Town and Country Planning Act 1990 against a Tree Preservation Order. Decided against the appellant on the grounds he was not a person aggrieved as [...]

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R (SAVE Britains Heritage) v Gravesham BC and Thamesview [2009] Ouseley J
Injunction granted pre-issue of application for judicial review (now issued and as yet undetermined). For Claimant.
Oxfordshire County Council v Wyatt Brothers [2005] EWHC 2402

An application for a mandatory injunction for the removal of waste from a 12 hectare site adjacent to a golf course in the Oxfordshire Green Belt. This was granted following [...]

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Rother District Council Local Plan Inquiry Oct 2004 Apr 2005
Tetteh v Royal Borough of Kingston upon Thames [2004] EWCA Civ 1775

Housing – Homelessness, whether vulnerable, whether procedure of local housing authority fair. For Respondent.

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R (Rank) v East Cambridgeshire District Council [2002] 42 EG 159 [2003] JPL 454

Planning – previous planning decision a material consideration. For Respondent. Decision to grant planning permission quashed.

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Fisher v SSTLGR and East Sussex County Council [2002] 44 EG 168 [2003] 1P&CR 17

Environment – planning – s.289 challenge to enforcement notice appeal decision, deposit of waste. For Claimant. Inspector’s decision quashed.

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R v Bury Metropolitan Borough Council ex parte Madden and others) Richards J [2002] EWHC 1882 Admin

Housing – human rights challenge to decision to close residential care home successful on Article 8 argument related to the quality of consultation. For Claimant.

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Wyatt Brothers v SSETR and Oxfordshire County Council [2001] EWCA Civ 1560 [2001] 45 EG 140 [2002] PLCR 316

Planning – environment – enforcement of planning control, waste, scope for variation of an enforcement notice under s. 176 TCPA 1990. For second Respondent.

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R v Cambridge City Council ex parte Warner Bros [2001] JPL 1999
Major Inquiries

Planning appeal for Newport City Council: outline application seeking redevelopment of 20ha of land formerly (and comprising some) railway land for residential use. Inquiry 2010. To be determined by Welsh [...]

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