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“The First eleven of 2011” Planning Case Law Update

RTPI – Southampton 20 th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place. “The First eleven of 2011” Planning Case Law Update. RTPI –Southampton 20 th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place.

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“The First eleven of 2011” Planning Case Law Update

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  1. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place “The First eleven of 2011” Planning Case Law Update

  2. RTPI –Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place • Bedford BC v SSCLG and Murzyn • [2008] EWHC 2304 (Admin ) • “True condition precedent”

  3. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place • Greyfort Properties Ltd v SSCLG [2010] • EWHC 3455 (Admin) • Context and language

  4. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place • Hampshire County Council v Beazer Homes Ltd [2010] EWHC 3095 (QB) • Refunds to developers under s106 agreements. • Implied terms • Construction of terms of agreement

  5. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place • R ( on the application of Milligate Developments Ltd ) v Wokingham BC [2011] EWHC 6 (Admin) • Enforcing terms of s106 Inspector assessed as unnecessary- judicial review • Dependence on Inspector’s findings – problems for practice

  6. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place • Barratt Homes Ltd v Welsh Water [2010] 1 P&CR 2 • S 106 Water Industry Act 1991 • Limits to the right of the sewerage undertaker to select point of connection

  7. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 6 Vannes Kft v Royal Borough of Kensington and Chelsea [2010] EWCA Civ 1466 Inconclusive viability evidence Limits of doctrine of “grappling” No affordable housing

  8. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 7 Trillium (Prime) Property GP Ltd v Tower Hamlets LBC [2011] EWHC 146 (Admin) Rushed and reactive designation of conservation area quashed Material inaccuracies in report

  9. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 8 R ( on the Application of Save Britain’s Heritage ) v SSCLG, Lancaster City Council [2011] EWCA Civ 334. Demolition – project for purposes of Art 1.2 Council Directive 85/337/EEC Now screen for EIA

  10. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 9 R ( on the application of Councillor Christopher Knowles-Fitton v Craven District Council [2011] EWHC 212 (Admin) Timely self-challenges

  11. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 10 R ( Morge ) v Hampshire County Council [2011] 1 WLR 268 Primary focus on species not specimens nor habitats. Deference to Natural England

  12. RTPI – Southampton 20th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 11 R ( on the application of Welwyn Hatfield Council ) v SSCLG [2011] UKSC 15 No reward for deception undermining the regular operation of the planning process

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