35 results
31 Jan 2019 17:01
Law and Policy in WalesThe planning regime in Wales is increasingly distinctive and is set to become more so, as some recent developments illustrate. Law Commission Report on Planning Law in Wales In 2016 the Law Commission was invited by the Welsh Government to consider the codification of planning law in Wales and make more...
22 Jan 2019 11:05
Hashi Mohamed successful in getting Inspector’s decision quashedThe High Court last week quashed a decision by a Planning Inspector involving an important case considering the Regulations on the Community Infrastructure Levy (“CIL Regulations”). An Interested Party obtained planning permission from Shropshire Council, the Claimant, to build a detached house with more...
8 Jan 2019 17:41
October 2019 pupillage applications now openChambers are offering two pupillages, one civil and one family. For details on how to apply please go to the following link. https://www.magdalenchambers.co.uk/pupillage-applications-are-now-open/ more...
7 Jan 2019 17:01
No5 enforces their POCA expertiseShortly before the Christmas break, Planning Resource magazine published their review of 2018’s highest enforcement penalties for breaches of planning controls. No5 planning barrister Scott Stemp prosecuted two of the top 10 cases listed by the magazine, securing a total of nearly £700,000 for his more...
7 Dec 2018 09:29
Thea Osmund-Smith successful in High CourtJudgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin). It is important in understanding the approach of decision takers to emerging plans, and to the more...
21 Nov 2018 14:57
Planning 2020 – the Raynsford ReviewThe final report of the Raynsford Review of Planning in England was launched on 20 November by the Town and Country Planning Association (TCPA). William Upton is a member of the Review Task Force. For those who are understandably tired of changes to the system, the key message of the Review is that more...
13 Nov 2018 14:10
When does a planning obligation no longer serve a 'useful purpose'?When is a ‘useful purpose’ not a useful purpose when it comes to planning obligations? A recent judgement helps bring clarity to a contentious area. The recent judgement in R. (on the application of Mansfield District Council) v Secretary of State for Housing, Communities and Local Government [2018] more...
2 Nov 2018 09:32
No5 Barristers' Chambers earns top rankings in Chambers UK Bar Guide 2019No5 Barristers’ Chambers is delighted that its members and practice areas continue to receive Band 1 ranking in the 2019 edition of the Chambers UK Bar Guide. This year’s guide sees 100 ranked barristers within the set, 12 Band 1 Silks and 23 Band 1 Juniors. Christopher Young QC gains “New Silk”, more...
30 Oct 2018 11:39
Magdalen Chambers are again ranked as a leading set by the Legal 500 for 2018Leading set Western Circuit Bar Magdalen Chambers has solid expertise in civil and family law; recent instructions include care proceedings and financial remedy matters. Property law cases are prominent on the civil side, however, members are well versed in commercial, insolvency and planning more...
30 Oct 2018 09:22
Town and Village Greens: Essex CC’s ‘quay’ to Court of Appeal successWalker Morris’ Town and Village Green (TVG) experts Andrew Beck and Erin Keating offer some practical advice for landowners following the recent Court of Appeal decision in the Mistley Quay case [footnote 1]. TVG registrations In our previous briefing, we explain in some detail TVG registrations and more...
18 Oct 2018 09:31
Entry-level exception sites & Starter HomesIntroduction This briefing note, prepared by the Walker Morris Planning Environment Team, explores the opportunities presented in the new National Planning Policy Framework (“NPPF2“). Specifically, the opportunities to obtain planning permission for new entry-level exception sites consisting of more...
9 Oct 2018 10:42
Challenge to Gypsy site failsR (Marden PC) v Herefordshire Council, CO/870/2018, 8.10.2018 Soole J today issued his judgment in this case, which relates to a challenge by a parish council in respect of the grant of planning permission (“PP”) for expansion of a Gypsy site. MPC raised 4 grounds. Three are case-specific, but more...
7 Sep 2018 06:50
2018 Legal Wales ConferenceThe 2018 Legal Wales Conference will be held at Medrus Conference Centre Aberystwyth, Penglais, SY23 3BY Friday 12th Ocotber Agenda and Speakers can be seen at http://legalwales.org/conference.html more...
Planning Enforcement Notices: A Council's Route to a Criminal Conviction and Confiscation Order
Local Authorities are increasingly relying on planning enforcement notices not only to prosecute individuals who have undertaken development without planning permission, but to also recover the cash made from such development. It is big business; Councils receive 37.5% of the money recovered by a more...
When should a public inquiry be held to consider town and village green applications under the Commons Act 2006?
How does a Registration Authority decide whether a non-statutory public inquiry should be held? When is it unfair to hold a public inquiry? 1. There are a number of case which have touched upon the issue of when a non-statutory public inquiry should be held. 2. First, in The Queen on the Application more...
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