Planning
Geall v Secretary of State for the Environment-Court of Appeal
The strictness of the rule that the Inspectorate cannot entertain a deemed planning application on an enforcement notice appeal is emphasised in this case. A fee paid on a previous invalid application was not sufficient to enable the deemed application to be considered.
Panton and Farmer v Secretary of State-High Court
This is another case confirming that a certificate of lawfulness of existing use or development is not confined to uses actually taking place but can be issued in respect of a use which is dormant.
West Lancashire District Council v The Secretary Of State-Court of Appeal
This case illustrates the reluctance of the Courts to interfere with the administration of planning inquiries. An Inspector was entitled not to grant an adjournment of an inquiry owing to ill health of an expert witness and provided it is clear that he has the evidence in mind the Inspector is not required to specifically refer to the relevant witness and is not required to give detailed reasons.
R v Tandridge District Council, Ex parte Al Fayed-High Court
On technical issues, such as radiation safety, a local authority, while not bound to follow the advice of statutory bodies such as the Health and Safety Executive and the National Radiological Protection Board, should nevertheless give great weight to their advice.
McClean Homes (East Anglia) Ltd v Secretary of State-High Court
When the principle of development has already been established by the granting of planning permission it is necessary for an Inspector hearing a planning appeal to give a somewhat fuller explanation for his refusal to approve reserved matters.
R v Secretary of State, Ex parte Bath and North East Somerset District Council-High Court
Where a local authority had refused planning and listed building consent on the ground that a developer's application had not been made validly and the developer consequently appealed, it was within the Secretary of State's jurisdiction to consider the question of the validity of the application.
Rating And Valuation
Pawson v Rowland (Valuation Officer)
Where a valuation officer had altered an entry in the Valuation List for rateable value, in the absence of provisions which might prevent backdating the effective date was that on which the circumstances giving rise to the alteration occurred.
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 January 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.
Geall v Secretary of State for the Environment-Court of Appeal
The strictness of the rule that the Inspectorate cannot entertain a deemed planning application on an enforcement notice appeal is emphasised in this case. A fee paid on a previous invalid application was not sufficient to enable the deemed application to be considered.
Panton and Farmer v Secretary of State-High Court
This is another case confirming that a certificate of lawfulness of existing use or development is not confined to uses actually taking place but can be issued in respect of a use which is dormant.
West Lancashire District Council v The Secretary Of State-Court of Appeal
This case illustrates the reluctance of the Courts to interfere with the administration of planning inquiries. An Inspector was entitled not to grant an adjournment of an inquiry owing to ill health of an expert witness and provided it is clear that he has the evidence in mind the Inspector is not required to specifically refer to the relevant witness and is not required to give detailed reasons.
R v Tandridge District Council, Ex parte Al Fayed-High Court
On technical issues, such as radiation safety, a local authority, while not bound to follow the advice of statutory bodies such as the Health and Safety Executive and the National Radiological Protection Board, should nevertheless give great weight to their advice.
McClean Homes (East Anglia) Ltd v Secretary of State-High Court
When the principle of development has already been established by the granting of planning permission it is necessary for an Inspector hearing a planning appeal to give a somewhat fuller explanation for his refusal to approve reserved matters.
R v Secretary of State, Ex parte Bath and North East Somerset District Council-High Court
Where a local authority had refused planning and listed building consent on the ground that a developer's application had not been made validly and the developer consequently appealed, it was within the Secretary of State's jurisdiction to consider the question of the validity of the application.
Rating And Valuation
Pawson v Rowland (Valuation Officer)
Where a valuation officer had altered an entry in the Valuation List for rateable value, in the absence of provisions which might prevent backdating the effective date was that on which the circumstances giving rise to the alteration occurred.
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 January 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.
