Interim and final injunctions: the differences

Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions. Read more
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  NEWS

Oct 20, 2021

High Court dismisses applications for judicial review challenge over grant of permission for airport expansion

The High Court has rejected two applications from organisations seeking permission to bring a judicial review challenge over Eastleigh Borough Council’s decision to approve a runway expansion at Southampton International Airport.
Oct 15, 2021

Planning inspector overturns council decision to block 167-home development on Green Belt land

A council's decision to reject plans for a 167-home development to be built on Green Belt land has been overturned by a planning inspector.
Oct 14, 2021

Planning and public law specialist Olley joins FTB

Planning and public law barrister Kate Olley, formerly of Landmark Chambers, is joining Francis Taylor Building as a tenant with immediate effect.
Oct 11, 2021

London Holocaust memorial delayed by statutory challenge

The London Historic Parks and Gardens Trust has launched a legal challenge to the Secretary of State's decision to grant planning permission for a Holocaust Memorial and learning centre in a park bordering the Palace of Westminster.
Oct 07, 2021

River bank site planning decision creates three-way row

A three-way row has erupted between Norfolk Constabulary, the Broads Authority and a council leader over a planning decision affecting a river bank site.
Sep 30, 2021

Welsh Government issues planning guidance on development in flood zones

Wales has issued the UK’s toughest planning guidance on development in flood zones, which will effectively bar new homes in these areas unless strong defences are provided.
Sep 22, 2021

Department for Transport rules out appeal over Stonehenge Tunnel judgment

Transport Secretary Grant Shapps has accepted that he must redetermine the Stonehenge road tunnel project after his High Court defeat last month.
Sep 21, 2021

Welsh Government to simplify planning and historic environment law as part of codes plan

The Welsh Government has launched a new programme to simplify planning and historic environment law, as part of a long-term plan to create Codes of Welsh law.
Sep 21, 2021

London borough secures £111k confiscation order over flat and bedsit conversions

A property owner in London who built a number of extensions and converted them into seven flats and two bedsits, all without planning permission, has been ordered to pay more than £144,000.
Sep 21, 2021

Court of Appeal to live stream contempt of court appeal next week from builder of “Britain’s biggest man cave”

The Court of Appeal will next week hear an appeal by a defendant found in contempt of court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.
Sep 16, 2021

Council and minister criticise abuse at planning meeting

Camden Council has condemned disturbances at its planning committee last week when members of the public shouted obscenities at councillors.
Sep 13, 2021

Leading planning, property and public law chambers set up mentoring scheme for under-represented groups at the Bar

Five sets of chambers that specialise in planning, property and public law – Cornerstone Barristers, Field Court Chambers, FTB Chambers, Kings Chambers and Landmark Chambers – have set up a mentoring scheme for underrepresented groups at the Bar.

  FEATURES AND ANALYSIS

September 17, 2021

Reversibility of works affecting heritage assets

The High Court recently dismissed a claim for judicial review of a decision to grant planning permission and listed building consent for a rear extension to a listed residential dwelling in Cambridge. Jack Parker explains why.
September 10, 2021

Another month, another immunity case. Another question ducked by the court?

Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant's appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.
September 03, 2021

Challenge to Cherwell Local Plan review dismissed

Jenny Wigley QC, Leon Glenister and Rupert Warren QC examine the High Court’s dismissal of a challenge to the Cherwell Local Plan review.
August 20, 2021

Revocation orders, compensation and judicial review

A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.
August 13, 2021

Defined parts of the land and breaches of planning conditions

The Court of Appeal has confirmed the approach taken in St Anselm to the breach of conditions, writes George Mackenzie.
August 13, 2021

The Stonehenge Tunnel case: heritage impacts and consideration of alternatives

A High Court judge recently quashed the approval of the Stonehenge Tunnel. Victoria Hutton, Rose Grogan, Christiaan Zwart and Richard Harwood QC examines the ruling.
August 06, 2021

The Supreme Court on Mount Cook costs

The Supreme Court has dismissed an appeal by CPRE against the recovery of multiple sets of Acknowledgement of Service (“AoS”)/ summary grounds costs at the permission stage in judicial and statutory review cases. James Maurici QC and Jacqueline Lean explain why.
July 23, 2021

Prior approval and definitional requirements

The High Court has issued an important judgment on prior approval decision-making, writes Andrew Byass.
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  MORE NEWS

Sep 16, 2021

Council and minister criticise abuse at planning meeting

Camden Council has condemned disturbances at its planning committee last week when members of the public shouted obscenities at councillors.
Sep 13, 2021

Leading planning, property and public law chambers set up mentoring scheme for under-represented groups at the Bar

Five sets of chambers that specialise in planning, property and public law – Cornerstone Barristers, Field Court Chambers, FTB Chambers, Kings Chambers and Landmark Chambers – have set up a mentoring scheme for underrepresented groups at the Bar.
Sep 09, 2021

Council forced to go down judicial review route after planning permissions issued in error during software testing

A blunder during software testing has led Swale Borough Council to issue five planning decisions which it must now overturn by judicial review.
Sep 06, 2021

Consultation launched on making permanent outdoor measures introduced to support high streets and hospitality businesses

The Government has launched a consultation on making permanent two time-limited permitted development rights introduced during the pandemic to boost high streets and hospitality businesses.
Sep 03, 2021

Parish council in legal challenge to grant of outline consent for 210-home development

Mid Suffolk District Council's decision to give outline consent to a plan which would see 210 new dwellings built in a village is to be challenged in the High Court by Thurston Parish Council in October.
Sep 03, 2021

Council to require all buildings to be removed from biomass plant

The Vale of Glamorgan Council is to take enforcement action over planning concerns relating to the Biomass Gasification Plant in Barry.
Sep 02, 2021

High Court upholds campsite enforcement notice

The High Court has dismissed an appeal against an enforcement notice imposed by Cornwall Council in a dispute over when a campsite began operations.
Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.
Aug 27, 2021

Council sends planning application back to committee after parish legal threat

Basingstoke and Deane Borough Council is to send a full planning application for a storage and distribution warehouse near the M3 back to its Development Control Committee, after a parish council challenge wrote to challenge the legality of the decision.
Aug 26, 2021

City council threatened with legal action over permission for 55-storey tower accommodating students

Manchester City Council faces legal action over its decision to allow construction of a tower block of student accommodation in the city centre, it has been reported.
Aug 19, 2021

High Court quashes grant of planning permission to café for extended opening hours

A minor change in a café’s proposed opening hours was not reasonable grounds for St Albans City and District Council to grant a planning consent that it had withheld for an almost identical application.
Aug 18, 2021

Historic England chooses four law firms for £2m legal services panel

Historic England has named four law firms to a £2m contract for advice on a broad spectrum of legal work.
Aug 12, 2021

District to launch legal challenge over grant by inspector of permission for 133-unit retirement village

South Oxfordshire District Council is to make a High Court challenge to a planning inspector’s decision over a retirement village.
Aug 05, 2021

Judicial review application over harbour regeneration plan fails

A judicial review application against Isle of Wight Council over planning permission it gave to what detractors called an "environmentally damaging" harbour development has been refused.
Aug 04, 2021

Council defeats legal challenge over local plan partial review

An umbrella alliance of local amenity groups has failed in a High Court bid to quash Cherwell District Council’s local plan partial review.
Aug 03, 2021

Council secures six-month extension to injunction forbidding development on Green Belt site

The London Borough of Bromley has obtained a six-month extension to an injunction forbidding any development work associated with the stationing of any mobile home or caravan taking place in a Green Belt field in Halstead.
Jul 30, 2021

Unsuccessful claimants at permission stage in statutory planning reviews and judicial reviews may be liable to more than one defendant and interested parties for costs: Supreme Court

Claimants who unsuccessfully apply for permission to bring judicial review or statutory planning review challenges can be ordered to pay costs to multiple defendants and interested parties for their costs in filing acknowledgements of service, the Supreme Court has ruled.
Jul 29, 2021

Housebuilder succeeds with legal challenge after Welsh minister rejects decision by planning inspector

Housebuilder Persimmon Homes has successfully challenged a decision by a Welsh minister to overturn a planning inspector’s decision in favour of a development in Caerphilly.
Jul 29, 2021

Campaigners raise £38k+ to challenge planning permission for 3,000 home scheme

A local environmental group says it has amassed £38,000 in one week from donors who want it to legally change a planning decision by Buckinghamshire Council.
Jul 28, 2021

Council secures £500k order as in “unique event” Court of Appeal conducts confiscation proceedings

The London Borough of Barnet has secured a confiscation order worth nearly £500,000 in the Court of Appeal after a Crown Court judge had initially only ordered the defendant to pay £270.
Jul 26, 2021

London borough nets permission for judicial review over 514-home scheme allowed by Mayor

Hillingdon Council has been given the green light by the High Court to proceed with its judicial review of the Mayor of London's decision to grant planning permission for 514 new homes on the former Master Brewer site in Ickenham.
Jul 23, 2021

Supreme Court to rule on liability of claimant for costs of other parties in statutory and JR cases where challenge refused at permission stage

The Supreme Court will next week (30 July) hand down its ruling in a dispute over whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.
Jul 22, 2021

Select committee calls on Government to pause any further extensions of permitted development rights pending review

The Government should pause any further extensions of permitted development rights (PDRs) for change of use to residential and conduct a review of the role of such PDRs in the wider planning system, MPs have said.
Jul 21, 2021

Council repaid £59,000 owed after eight-year dispute over "unsightly clutter" in garden and illegal extension

Buckinghamshire Council has been repaid £59,000 after its planning enforcement team secured the clear up of unsightly clutter and removal of an illegal extension in the garden of a property in High Wycombe.
Jul 20, 2021

Ministry issues revised National Planning Policy Framework, establishes Office for Place

The Ministry of Housing, Communities and Local Government (MHCLG) has issued a revised version of the National Planning Policy Framework and a new National Design Code.
Jul 19, 2021

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs

The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.
Jul 16, 2021

Government promises enhanced CPO regime and new permitted development rights in High Street improvement programme

The government has announced a range of measures aimed at improving high streets including new powers for councils to compulsorily purchase empty properties, changes to licensing laws and a new permitted development right to enable retail premises to be converted into residential housing.
Jul 16, 2021

City council threatened with legal challenge over permission for 2,400 homes on former Green Belt land

A charity has threatened Coventry City Council with a judicial review challenge over its grant of planning permission for a 2,400-home development at Eastern Green.
Jul 14, 2021

Review to be held of Planning Inspectorate enforcement workload in drive to increase referrals to mediation

The Ministry of Housing, Communities and Local Government is engaging on a ‘Pathfinder’ initiative with the Planning Inspectorate to review its current enforcement workload to identify which appeals could be referred to mediation.

  MORE FEATURES

July 22, 2021

An overview of the National Planning Policy Framework 2021

Freddie Humphreys highlights and discusses key changes to the National Planning Policy Framework released on the 20th of July 2021.
July 21, 2021

Mediation and planning: here to stay?

John Pugh-Smith, Harry Spurr and Josef Cannon review important recent developments in the use of mediation in planning.
July 16, 2021

Alighting on serious risks

Wayne Beglan and Sam Fowles examine the Planning Court's recent judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks.
July 16, 2021

Self-builders, CIL exemptions and retrospective planning permission

Trevor Ward analyses a recent High Court ruling that the CIL payment exemption is not available for self-build houses granted retrospective planning permission.
July 09, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.
July 07, 2021

Planning case law update

James Findlay QC, Ryan Kohli, Ruchi Parekh and John Fitzsimons explore the most recent key Planning Law cases.
July 05, 2021

Bridging the Gap: planning pointers for property practitioners

Myriam Stacey QC, Jenny Wigley QC, Katrina Yates and Heather Sargent focus on key points that property practitioners need to know about section 106 obligations and planning enforcement.
June 18, 2021

What a bind: Section 106 planning obligations where there are multiple land interests

Rachel Lee and Christos Paphiti consider whether the case of R (on the application of McLaren) v Woking Borough Council impacts upon local planning authorities (LPAs) ability to properly consider the land interests and parties as regards to performance of specific obligations.
June 18, 2021

Time limits in planning and revocation of CLEUDs

A Planning Court judge recently rejected a challenge to a council’s decision to revoke a Certificate of Lawful Existing Use or Development (CLEUD). David Forsdick QC explains why.
June 17, 2021

Unlawful Award of Contract

The High Court has ruled that the Minister for the Cabinet Office, Michael Gove, broke the law by giving a contract to a market research company, Public First, who are run by long-time associates of his. Anna Sidebottom, Francesca Gallagher and Clare Mendelle report.
June 11, 2021

Nutrient neutrality, the Solent and new development

The High Court has rejected habitats challenges on nutrient neutrality in the Solent. David Elvin QC explains why.
June 11, 2021

Delegating negotiation of s.106 agreements to officers

Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.
June 09, 2021

Compulsory Purchase: A fresh perspective

Paul Shadarevian QC, Harriet Townsend, Emmaline Lambert and Dr. Christina Lienen consider compulsory purchase law and practice for acquiring authorities and affected owners – pitfalls to look out for, and tips to take to heart.
June 04, 2021

Incorrect plans: a strict approach

A recent Planning Court case provides a refreshing view on incorrect plans, writes Roderick Morton.
June 04, 2021

Delays have dangerous ends - or do they?

Peter Wadsley examines the outcome of a recent judicial review case in which the claim was brought six years after the planning decision in question was made.
June 03, 2021

Planning for schools: academy and free school planning appeals

What are the tactics for defending school planning appeals where a free school or academy is promoted by the Secretary of State for Education and planning permission is refused (or an application is undetermined) by the local planning authority? Lisa Busch QC, Harriet Townsend, Ryan Kohli and Rowan Clapp discuss.
June 02, 2021

Time after time: extending time for determination of a prior approval application

Rachel Lee and Christos Paphiti examine the time period for determination of Prior Approval (‘PA’) applications and explore how a local authority can extend the time period for determination.
May 26, 2021

The future of heritage planning

Lawyers from Landmark Chambers, Herbert Smith Freehills and Montagu Evans consider the impact of the Bramshill case on the future of heritage planning.
May 25, 2021

Developing Greenfield Sites Outside Settlement Boundaries

Jonathan Clay, Dr. Ashley Bowes and Rowan Clapp explore the issues that may be faced when developing greenfield sites outside of settlement boundaries, including: housing land supply, tilted balance, access issues, commons and village greens, development within the Green Belt and landscape/heritage issues.
May 24, 2021

The LLG Grapevine 24th May

Deborah Evans, Dennis Hall and Helen McGrath discuss junior lawyer guidance, traveller injunctions, presenteeism, homeworking, levelling up, new laws for house buyers, renters and homeowners, planning reform and public interest reports.
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