Evans v Cornwall Council

Town and Country Planning (General Permitted Development) Order 1995 – Permitted development for agricultural purposes – Whether prior approval of detail required – Failure to take into account material considerations – Failure to give reasons

Wind turbine development – Listed buildings – Planning (Listed Buildings and Conservation Areas) Act 1990, s.66 – Desirability of preserving asset and setting – Comparative weight to be given – Relationship of general planning policy to listed buildings – Adequacy of reasons for Inspector’s decision

Restrictive covenant – Rights of pre-emption – Enforceability against successors in title to original covenantor – Whether covenant in its nature truly a ‘restrictive covenant’ or rather a ‘money covenant’ with restrictive conditions – Whether right of pre-emption void as in breach of rule against perpetuities – Whether a proprietary right or merely contractual

Town and Country Planning – Windfarm development – Failure to have regard to material consideration and to the development plan – Failure to give summary reasons – Failure to comply with requirements as to publication of information

Town and Country Planning – Wind farm development – Relationship of Structure and Local Plans with National Planning Policy Framework

Anti-Social Behaviour Act 2003, Pt.8, s.66 – ‘High hedges’ – Factors to be taken into account in determining applicability

Single Payment Scheme – Rights of common – Whether entitlements should have been allocated to a farmer with rights which were unused during the relevant period – Whether those who do not exercise common right to graze are entitled to receive payment

EIA Directive – Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 – Environmental development – Retrospective consent – Positive screening decision – Whether authority obliged to enforce breach prior to consideration of application

Identification of boundary – Land “for the purposes of identification only more particularly delineated” on an attached plan – Boundary by reference to OS practice – Adverse possession – Degree of control and intention to possess