North Norfolk DC v Secretary of State for Communities and Local Government

Town and Country Planning – Listed buildings in proximity to wind turbine site – Reference to policies in development land – Need to have special regard for the desirability of preservation of listed buildings and their setting – Balancing public benefit with effects of proposal

Town or village green – Refusal of registration – Use ‘as of right’ or ‘by right’ – Effect of a period of interruption of user
HC [2014] EWHC 2560 (Admin)

Town and Country Planning – Conservation Area – Preservation of trees – Failure to take into account material consideration – Whether decision would have been different

Recovery of possession – Whether owners entitled to recover possession of subsoil of land crossed by public footpath – European Convention on Human Rights, arts. 8, 10 & 11 – Right to respect for home, to freedom of expression, to peaceful assembly

Planning and Compulsory Purchase Act 2004, s.38(6) – Development plan to lead unless material considerations indicate otherwise – Conflicting interests of two policies – Duty of decision-maker to reconcile and to explain reasoning

Town and Country Planning – Agricultural use – Permission granted subject to conditions – Whether imposition of conditions as opposed to prior investigation gave rise to error of law

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 – Green Belt development – Whether the lapse of Green Belt policy relaxed controls on development – Justification of basis for Secretary of State’s failure to accept Inspector’s recommendations

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

Adverse possession – Shared driveway – Prescription of easement – Right to close gates at will – Equitable balance between dominant and servient owner