Cheshire East

Applying for planning permission - procedure

This planning practice note from LexisNexis outlines the procedure of applying for planning permission. Read more
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  NEWS

Jan 25, 2022

Residents secure permission for judicial review challenge over distributor road for 4,000-home development

The High Court has given permission for a residents' group's judicial review challenge which claims that Wiltshire Council "did not consult appropriately" before deciding to pursue a major infrastructure project.
Jan 20, 2022

Judge rules challenge to grant of planning permission by City of London Corporation for new court building and police HQ out of time

The High Court has rejected a claim by campaign group Save Britain's Heritage (SBH) to a planning decision by the City of London Corporation as being both out of time and unfounded.
Jan 20, 2022

Council fails in High Court challenge to grant by inspector of permission for scheme for 10 affordable dwellings

Wiltshire Council has lost on all three grounds a challenge to the decision of a planning inspector appointed by the Secretary of State for Housing Communities and Local Government to allow a development it had refused.
Jan 13, 2022

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land

A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.
Jan 13, 2022

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments

Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.
Jan 10, 2022

Supreme Court to hear case on planning conditions and dedication of highways

The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.
Jan 06, 2022

Council secures continuation of High Court interim injunction over unauthorized development

West Berkshire Council last month won a continuation of an interim injunction preventing any further unauthorised development at the Lawrences Lane site in Thatcham.
Jan 06, 2022

Council ends legal fight over permission for 133-home retirement village

South Oxfordshire District Council last month confirmed it has dropped any further legal challenges to a planning inspector’s approval of a 133-homes retirement village in Sonning Common, which the council had rejected as it would be in the Chilterns Area of Outstanding Natural Beauty (AONB).
Dec 29, 2021

Government issues model clauses for s106 agreements delivering First Homes

The Department for Levelling Up, Housing and Communities has published model clauses for use by local authorities and home builders in preparing s106 agreements that deliver First Homes through developer contributions, including First Homes exception sites.
Dec 22, 2021

London borough fails in judicial review challenge over decision by mayor to grant permission for 11-storey tower

Hillingdon Council has lost an attempt in the High Court to challenge a decision by London mayor Sadiq Khan to allow a tower block to be built in the borough.
Dec 22, 2021

City council wins Court of Appeal battle over refusal by planning inspector to impose conditions

The Secretary of State for Housing, Communities and Local Government (as was) has lost a case in the Court of Appeal over whether a planning inspector was wrong to refuse to impose conditions on a grant of planning permission on the ground that they were unnecessary.
Dec 22, 2021

Airfield operator loses judicial review challenge over grant of permission for 79-home scheme

The operator of an airfield has lost on all three grounds in a challenge to the Royal Borough of Windsor and Maidenhead’s decision to allow residential development on an adjacent site.

  FEATURES AND ANALYSIS

January 21, 2022

The Colston 4 and the listed building

Richard Harwood QC examines the relationship between listed building legislation and the decision to acquit the 'Colston 4'.
January 21, 2022

Planning enforcement orders and mixed use

The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.
January 13, 2022

Court of Appeal cooks the (Canada) Goose

The Court of Appeal has allowed an appeal by 15 councils over whether final injunctions can be granted against ‘newcomers’. Ranjit Bhose QC and Wayne Beglan analyse the ruling.
January 05, 2022

First Homes: model Section 106 agreement

The Government has issued model s106 agreements for use with First Homes delivered through developer contributions. Stuart Tym examines the detail.
January 04, 2022

Stay Class-E

The Court of Appeal has ruled that the Secretary of State’s amendments to the General Permitted Development Order (GPDO) and the Use Classes Order (UCO) were not unlawful. Megan Forbes reports.
December 17, 2021

The Revised National Planning Policy Framework: Better design, greener outcomes?

Alastair Lewis and Sarah Wertheim outline the latest National Planning Policy Framework changes and explain how future developments will be impacted by the new rules.
December 17, 2021

Decisions to defer further consideration

The High Court has confirmed that the requirement to 'grasp the intellectual nettle' of a previous, inconsistent planning decision does not extend to 'minded to' positions reached as part of an inchoate decision-making process. Josef Cannon and Wayne Beglan report.
December 17, 2021

The Environment Act 2021

The Environment Act 2021, which received Royal Assent on 9 November 2021 following extensive debate in Parliament, introduces important requirements and changes for planners and developers, writes Ruth Keating.
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  MORE NEWS

Dec 22, 2021

City council wins Court of Appeal battle over refusal by planning inspector to impose conditions

The Secretary of State for Housing, Communities and Local Government (as was) has lost a case in the Court of Appeal over whether a planning inspector was wrong to refuse to impose conditions on a grant of planning permission on the ground that they were unnecessary.
Dec 22, 2021

Airfield operator loses judicial review challenge over grant of permission for 79-home scheme

The operator of an airfield has lost on all three grounds in a challenge to the Royal Borough of Windsor and Maidenhead’s decision to allow residential development on an adjacent site.
Dec 20, 2021

Court of Appeal dismisses challenge to introduction of changes to permitted development rights without strategic environmental assessment

The Court of Appeal has rejected a claim that it was unlawful for the Secretary of State for Housing, Communities and Local Government as was to reform the planning legislation in England by making statutory instruments to adjust "permitted development" rights and to remove certain changes of use from the scope of development control, without undertaking a strategic environmental assessment.
Dec 15, 2021

Court issues £550k+ confiscation order against defendant who set up storage business on Green Belt without planning permission

Thurrock Council has secured a confiscation order worth £553,772 against a man who set-up a self-storage business on Green Belt land without planning permission.
Dec 14, 2021

High Court agrees to hear judicial review challenge over permission for Southampton airport runway expansion

The High Court has given campaign group GOESA permission to bring a judicial review challenge over Eastleigh Borough Council's grant of planning permission for an extension to the runway at Southampton Airport.
Dec 09, 2021

Judge rejects claim planning committee failed to grasp "intellectual nettle" of previous decision

Chelmsford City Council’s planning committee did not commit itself to give consent for a housing development when it indicated support but deferred its decision, the High Court has found.
Dec 08, 2021

Planning and environmental specialist Spurr joins St John’s Chambers

Harry Spurr, a specialist in environmental, planning and other aspects of local government and regulatory law concerning the use of land, has joined St John’s Chambers.
Dec 06, 2021

Council loses High Court battle over whether private way was a "road" under Road Traffic Regulation Act

Isle of Wight Council's decision that a privately owned way in Ryde was not a "road" for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.
Dec 03, 2021

Tidal lagoon developer did not begin works on time set by development consent order, High Court finds

A long-planned scheme to build a tidal energy lagoon in Swansea has had a further setback after the developer's request to declare it had begun work on the project in time, and the relevant development consent order (DCO) was therefore extant, has been rejected by the High Court.
Dec 01, 2021

Court of Appeal agrees to hear nitrate neutrality case

The Court of Appeal has given permission for an expedited appeal in the case concerning the impact of nitrates on new housing development in the Solent area.
Nov 25, 2021

High Court quashes decision of planning inspector over misunderstanding of policy

A planning inspector’s decision was so “firmly rooted” in misunderstanding of a policy that it must be quashed, the High Court has ruled.
Nov 24, 2021

Shoosmiths strengthens planning practice with partner hire

Shoosmiths has bolstered its planning practice with the recruitment of partner Stuart Tym, who joins the law firm’s Birmingham office from Irwin Mitchell.
Nov 17, 2021

High Court judge upholds council enforcement notice over side extension to home

The High Court has thrown out a challenge to a planning inspector’s decision in a dispute over extensions to a bungalow in Chingford that turned on the height of eaves.
Nov 17, 2021

Borough council to take advice from QC after Secretary of State approves 1,200+ home scheme

Warrington Borough Council has said it is taking legal advice from Queen’s Counsel on the Secretary of State’s decision to allow proposed development of Peel Hall.
Nov 16, 2021

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil

The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.
Nov 16, 2021

Campaigners threaten legal action over approval of plans for distributor road

A campaign group that claims Wiltshire Council is “ignoring the concerns of citizens” over plans to build a distributor road through local countryside has applied for permission for judicial review.
Nov 12, 2021

Council applies for judicial review of hospital extension planning approval after decision taken under delegated powers, not by committee

Worcester City Council has applied for a judicial review in relation to a previously approved planning application for the relocation and expansion of the Emergency Department at its local hospital.
Nov 11, 2021

Council hit with £70k bill after developer wins planning appeal

A district council faces a costs bill of some £70,000 after a developer successfully appealed against its refusal of planning consent for a housing development.
Nov 05, 2021

Appellant who built 'Britain's biggest man cave' in breach of planning control loses Court of Appeal challenge to contempt of court findings and sentence

The Court of Appeal has rejected an appeal by the owner of a building dubbed ‘Britain’s biggest man cave’ over a ruling that he was in contempt of court of an injunction issued in 2018.
Nov 05, 2021

Council political leaders issue joint statement condemning abuse and threats from public ahead of controversial planning decision

A district council's party political leaders last month took the unusual step of issuing a joint statement over the "increasing level of threats, aggression and intimidation" councillors and officers have faced, ahead of a committee meeting that was scheduled to discuss a controversial planning application.
Nov 04, 2021

Barnet Council facing judicial review challenge over supplementary planning document for Hendon

A local resident is bringing a judicial review challenge over the lawfulness of a supplementary planning document approved by the Policy & Resources Committee at Barnet Council.
Nov 03, 2021

Personal trainer fails in Planning Court claim against decision by inspector over gym in garden

The High Court has dismissed all grounds advanced by a personal trainer who runs a gym in his garden shed in a planning dispute with the Secretary of State for Housing, Local Government and Communities.
Nov 01, 2021

MPs call on Government to clarify role of local councils in delivering “just transition” to net zero for their local communities

The Housing, Communities and Local Government Committee has urged the Government to immediately begin consulting local government on the contents of a draft net zero delivery framework setting out the relative roles and responsibilities of local and central government.
Nov 01, 2021

Landlords ordered to pay £350k+ for 'beds in sheds' after council prosecution

Three landlords have been ordered to pay more than £350,000 in fines, confiscation order and costs after being prosecuted by Hounslow Council for having so-called ‘beds in sheds’.
Nov 01, 2021

Landowner jailed after breach of injunction prohibiting development in woodland

A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.
Nov 01, 2021

Campaigners renew bid for judicial review of Southampton Airport runway extension

A group that last month failed to win permission for a judicial review challenge over the authorisation of a runway expansion at Southampton Airport has renewed its application.
Oct 28, 2021

Claimant ordered to pay council £17k in costs over "hopeless" arguments in planning case

The High Court has awarded the London Borough of Barnet costs of £16,969.90 against a resident described by Mr Justice Julian Knowles as having pursued a “hopeless” planning case.
Oct 28, 2021

Developer ordered to pay £50k+ over demolition of pub

A property developer has been fined £32,000 for demolishing a pub in a prosecution brought by East Riding of Yorkshire Council, it has been reported.
Oct 25, 2021

Council chooses to halt 4000-home development rather than fight judicial review

Canterbury City Council has chosen to concede in a case concerning a controversial 4,000-home estate rather than fight a judicial review challenge that recently won approval to be heard.

  MORE FEATURES

November 26, 2021

Man-shed miscalculated

The Court of Appeal recently rejected an appeal by the owner of a building dubbed ‘Britain’s biggest man cave’ over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.
November 19, 2021

Infrastructure planning - an error of law in the process of determining applications did not justify a quashing of the decisions

Joseph Cannon analyses the EFW Group Ltd v SSBEIS case, in which an error of law in the process of determining applications did not justify a quashing of the decisions.
November 19, 2021

Work sheds and CIL

One strong trend as a result of Covid has been the increase in the number of structures built in gardens to facilitate working from home. Many of the householders will not have considered the CIL (Community Infrastructure Levy) consequences of carrying through such a project, writes Christopher Cant.
November 12, 2021

When working from home requires planning permission

Leon Glenister analyses an important judgment clarifying the approach to be taken when considering whether working from home requires planning permission.
November 12, 2021

Legal challenges to DCOs

Angus Walker reports on legal challenges to DCOs (development consent orders).
November 03, 2021

Registered providers and CIL

Wealden Council has won a landmark Community Infrastructure Levy (CIL) case against Stonewater that has potential far reaching implications for housing delivery, writes Ben Halsey.
October 29, 2021

Advance delivery and calculation of the current housing land supply

Must you, and can you, count past over-supply of housing against annual requirements when calculating your five-year supply? Josef Cannon analyses a recent High Court ruling.
October 29, 2021

Progressing interim injunctions

A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against ‘persons unknown’. Roderick Morton looks at the challenges faced by local authorities.
October 18, 2021

Equality law for planners

Jenny Wigley QC, Kimberley Ziya, Alex Goodman and Alex Shattock consider the implications of equality law for planners.
October 08, 2021

Interim and final injunctions: the differences

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