Planning
R v London Borough Of Bromley (1999)
A requirement for a development at Crystal Palace to reflect the architectural style of the original did not necessarily mean that it must look like the original.
QBD (Kennedy LJ, Schiemann LJ, Sir Ian Glidewell)
Safeway Stores Plc v Secretary Of State For The Environment, Transport & Regions (1999)
The inspector applied the correct criteria under PPG 6 in assessing the impact of the development on Yarm town centre "as a whole". The complaint that the inspector had failed to address how the proposal in the present case fared against the first respondent's published objective of "sustaining and enhancing existing centres" was unsustainable in the light of R v Hambledon District Council, ex parte Somerfield Stores plc (1998) EGCS 153.
Hyde Park Residence Ltd v Secretary Of State For The Environment, Transport & The Regions
This case considered the ability of planning authorities to control the change of use of residential premises providing permanent residential accommodation to a use comprising temporary sleeping accommodation, particularly in the light of s.25 Greater London Council (General Powers) Act 1973 as amended.
QBD (Christopher Lockhart-Mummery QC)
Regina v North Yorkshire County Council, Ex P Brown
The setting of conditions, under section 22 of and Schedule 2 to the Planning and Compensation Act 1991, by a mineral planning authority upon the continued operation of a quarry, worked under a 1947 deemed planning permission, was a development consent for the purposes of article 2.1 of Council Directive (85/337/EEC) which required an environmental impact assessment to be made before consent was given for projects likely to have significant effects on the environment.
Rating And Valuation
Rombus Materials Ltd v W T Lamb Properties Ltd (1999)
This case considered whether the judge had erred in law in the comparable rental values used for the purposes of determining the correct valuation of property under s.34 Landlord and Tenant Act 1954. The court held that there were before the judge proper comparables to which he should have looked in seeking to arrive at his figure. Instead he embarked on an exercise which the court likened to plucking figures out of the air.
CA (Henry LJ, Hidden J) 18/2/99
For further information please contact David Goodman, e-mail: Click Contact Link , 2 Park Lane, Leeds LS3 IES, UK, Tel: +44 113 284 7000
This article was first published in the February 1999 Hammond Suddards Planning Law Newsletter Update
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
R v London Borough Of Bromley (1999)
A requirement for a development at Crystal Palace to reflect the architectural style of the original did not necessarily mean that it must look like the original.
QBD (Kennedy LJ, Schiemann LJ, Sir Ian Glidewell)
Safeway Stores Plc v Secretary Of State For The Environment, Transport & Regions (1999)
The inspector applied the correct criteria under PPG 6 in assessing the impact of the development on Yarm town centre "as a whole". The complaint that the inspector had failed to address how the proposal in the present case fared against the first respondent's published objective of "sustaining and enhancing existing centres" was unsustainable in the light of R v Hambledon District Council, ex parte Somerfield Stores plc (1998) EGCS 153.
Hyde Park Residence Ltd v Secretary Of State For The Environment, Transport & The Regions
This case considered the ability of planning authorities to control the change of use of residential premises providing permanent residential accommodation to a use comprising temporary sleeping accommodation, particularly in the light of s.25 Greater London Council (General Powers) Act 1973 as amended.
QBD (Christopher Lockhart-Mummery QC)
Regina v North Yorkshire County Council, Ex P Brown
The setting of conditions, under section 22 of and Schedule 2 to the Planning and Compensation Act 1991, by a mineral planning authority upon the continued operation of a quarry, worked under a 1947 deemed planning permission, was a development consent for the purposes of article 2.1 of Council Directive (85/337/EEC) which required an environmental impact assessment to be made before consent was given for projects likely to have significant effects on the environment.
Rating And Valuation
Rombus Materials Ltd v W T Lamb Properties Ltd (1999)
This case considered whether the judge had erred in law in the comparable rental values used for the purposes of determining the correct valuation of property under s.34 Landlord and Tenant Act 1954. The court held that there were before the judge proper comparables to which he should have looked in seeking to arrive at his figure. Instead he embarked on an exercise which the court likened to plucking figures out of the air.
CA (Henry LJ, Hidden J) 18/2/99
For further information please contact David Goodman, e-mail: Click Contact Link , 2 Park Lane, Leeds LS3 IES, UK, Tel: +44 113 284 7000
This article was first published in the February 1999 Hammond Suddards Planning Law Newsletter Update
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
