Legal Beagle update…

by Jo Hanslip

Our Legal Beagle is on the case…..

To date in 2021 there have been a number of important judgements that have emanated from the Court’s which we thought might be of interest:

Extant Consents – balance of weight to be given to extant consents in subsequent application determination

Case: Thame Town Council v Secretary of State for Housing, Communities and Local Government; Date: 16 February 2021; Ref: [2021] EWHC 291 (Admin)

Policy Conflict’s – two appeals by Gladman’s in Northamptonshire and Essex dismissed but Court of Appeal in rejecting claims that tilted balance should be applied to development plan policy conflicts

Case: Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government; Date: 3 February 2021; Ref: [2021] EWCA Civ 104

EIA Screening – N0 need to revisit a negative screening opinion after objections from the countryside team

Case: Swire v Ashford Borough Council; Date: 24 March 2021; Ref: [2021] EWHC 702 (Admin)

Appropriate Assessments – Court of appeal upholds RBWM decision to grant consent without appropriate assessment of scheme impact upon veteran trees

Case: Hudson v Royal Borough of Windsor and Maidenhead; Date: 26 April 2021; Ref: [2021] EWCA Civ 592

Cumulative Impacts – High Courts finds SoS considered to have been ‘irrational and illogical’ in his decision to grant a DCO for an offshore wind farm without having regard for a second scheme also pending his determination

Case: Pearce v Secretary of State for Business, Energy and Industrial Strategy; Date: 18 February 2021; Ref:[2021] EWHC 326 (Admin)

CIL – Hertsmere’s delay in serving the required CIL notice on a developer of a single dwelling resulted in exemption from liability

Case: R (Trent) v Hertsmere Borough Council; Date: 16 April 2021; Ref: [2021] EWHC 907 (Admin)

S106 – Courts confirmed that  partial owned of site had no ‘legitimate expectation’ to be involved in negotiation and execution of s106 between principal landowner and Working Council

Case: R (McLaren) v Woking Borough Council; Date: 3 February 2021; Ref: [2021] EWHC 698 (Admin)

Heritage Impacts – Court of Appeal upheld Inspectors decision in dismissing appeal for new development in listed mansion, finding ‘no requirement’ to balance befits with harm before applying para 196 of NPPF.

Case: City and Country Bramshill Ltd v Secretary of State for Housing, Communities and Local Government; Date: 9 March 2021; Ref: [2021] EWCA Civ 320

Conservation Areas Consents – ‘qualitative assessment’ of scheme impact upon locality was irrelevant to considerations of whether conservation area consent was required for demolition works

Case: Clin v Walter Lilly & Co Ltd; Date: 8 February 2021; Ref: [2021] EWCA Civ 136

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