Judicial review – Extension of time to bring claim – Whether local authority’s code of practice gave rise to legitimate expectation – Balance of interests between objector and developer

Town and Country Planning – National Planning Policy Framework – Weight to be given to policies deriving from old Local Plan – Need for analysis of degree of consistency of old policy with policies of NPPF

Town and Country Planning – Unauthorised change of use – Whether enforcement notice can include removal of associated structures erected more than four years earlier

National Planning Policy Framework – Inappropriate development in Green Belt – New buildings for agriculture and forestry – Whether substantial weight to be given to harm to the Green Belt – Presumption of sustainable development – Habitats Directive – Assessment of proposals – Decision a matter of planning judgement

Planning and Compulsory Purchase Act 2004, s.38(6) – Decision to be made in accordance with development plan – Green Belt policy – Strictness of wording – Senior Courts Act 1981, s.31(2A) – Discretion to refuse relief if decision would not have been different

Listed buildings – Open spaces – National Planning Policy Framework, para.74 – Failure to consult English Heritage – Failure to consult an interested non-statutory consultee – Whether Council misled by officer’s report – Exercise of court’s discretion because decision would not have been different

Planning (Listed Buildings and Conservation Areas) Act 1990, s.66(1) – Consideration of effects of noise and smell on a listed building and its setting – Whether evidence before planning committee was sufficient

Town and Country Planning – Green Belt land – National Planning Policy Framework – Five-year housing supply – Decision based on erroneous information – Whether decision would inevitably have been the same regardless of the error

Town and Country Planning – Planning and Compulsory Purchase Act 2004, s.113 – Adopted policy not in accordance with inspector’s decision – Order to rectify non-compliance – Whether within scope of powers – Whether contrary to regime of public participation

Town and Country Planning – Agricultural occupancy condition – Occupation in breach – Application for certificate of lawfulness of existing use or development – Meaning of ‘dependant’
On appeal from [2014] EWHC 2480 (Admin)

Environmental Impact Assessment – Screening opinion – Decision made in error – Effect on remainder of decision-making process – Whether absence of need for EIA compatible with imposition of planning conditions in respect of water quality

Planning Policy Statement 25 – Flood Map – Categorisation of canal structure and operation as formal flood defence

Town and country planning – Conversion of agricultural buildings – Breach of planning control – Enforcement notice – Judge’s error in law by redetermining questions of fact – Division of a single operation into separate elements for planning control purposes

Compensation – Stop Notice – Claim under Section 186 of Town & Country Planning Act 1990 – Stop notice prohibited an activity for which conditional planning permission had been granted – Conditions required approval – Further development without approval would be in breach of planning control – Whether compensation not payable because of Section 186 (5)

Town and Country Planning Act 1990, s.203 – Compensation for damage caused by a protected tree following refusal of consent to removal – Burden of proof

Development Consent Order – Section 53 Planning Act 2008 – Section 172 Housing and Planning Act 2016 – – power to enter onto land to undertake tests – discharge of pumped groundwater onto land – whether or not it is a permissible activity covered by the power to undertake surveys in any event

Trail Riders Fellowship v Hampshire County Council

Town and Country Planning – Heritage assets – Interpretation of provisions of development plan – Whether Council misled by officer’s report – Application for discretionary refusal of relief under s.31(2A) Senior Courts Act 1981

Town and Country Planning Act 1990, s.191 – Certificate of lawfulness of existing use and development – Identification of planning unit – Degree of exercise of planning judgement – Irrationality

Town and Country Planning – Enforcement notices – Extent of measures necessary to remedy breach – Prior approval under General Permitted Development Order – Lack of response to application by local authority

Town and Country Planning – Certificate of lawfulness of operational development – Distinction between use and operational development – Assessment of lawfulness includes need to consider whether enforcement action may be taken – Discretion available to LPA in deciding whether to take enforcement action

Statutory right to compel access to land – Authorisation granted pursuant to Section 53 Planning Act 2008 – Reasonableness

Town and Country Planning Act 1990, ss.171ff – Enforcement of planning control – Whether the principle in Welwyn Hatfield BC v Secretary of State for Communities and Local Government continues to apply following enactment of ss.171BA-171BC by Localism Act 2011

Town and Country Planning Act 1990 – Lawful development certificate – Green Belt – Need for “very special circumstances” – Town and Country Planning (General Permitted Development) Order 1995, Class E

Town and County Planning – Enforcement notice – Appeal – Whether putative appellant had an “interest in land” or was a “relevant occupier” within Town and Country Planning Act 1990, s.174 – Failure of Council to consider the existence of an implied licence to occupy – European Convention on Human Rights, art.8 – Right to respect for home and private life

Town and Country Planning Act 1990, s.191 – Certificate of lawfulness of existing use and development – Modification by planning authority of description of lawful use – Whether modification authorised – Whether modification dealt with appropriately

Town and Country Planning Act 1990, s.191 – Certificate of lawfulness of existing use or development – Assessment of the relevant planning unit a ‘material consideration’

Town and Country Planning – Green Belt – Whether balance of considerations of inappropriate development in Green Belt should take into account matters not affecting the Green Belt but otherwise relevant for planning purposes

Compulsory purchase – Land Compensation Act 1961, s.15 – Assumption as to replacement of war-damaged property – Whether mandatory or directory

Compulsory purchase compensation – Relocation of livestock market – Shooting rights over land acquired for new market – Pointe Gourde principle – Comparison of acquiring authority’s position with commercial competition

Compulsory purchase – Agricultural land– Land Compensation Act 1961 –Cancellation assumption – Statutory disregards – Relevance of hope value