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

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Presentation transcript:

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 1Bedford BC v SSCLG and Murzyn [2008] EWHC 2304 (Admin ) “True condition precedent”

RTPI – Southampton 20 th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 2Greyfort Properties Ltd v SSCLG [2010] EWHC 3455 (Admin) Context and language

RTPI – Southampton 20 th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 3Hampshire County Council v Beazer Homes Ltd [2010] EWHC 3095 (QB) Refunds to developers under s106 agreements. Implied terms Construction of terms of agreement

RTPI – Southampton 20 th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 4R ( 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

RTPI – Southampton 20 th April 2011 Southampton Legal Update Gary Grant, Barrister, 12 College Place 5Barratt 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

RTPI – Southampton 20 th 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

RTPI – Southampton 20 th 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

RTPI – Southampton 20 th 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

RTPI – Southampton 20 th 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

RTPI – Southampton 20 th 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

RTPI – Southampton 20 th 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