Legal Update Title goes here Subtitle goes here
Legal Update Title goes here Subtitle goes here 30 Name September 2015 Surname One Name Firth Surname Two Beverley
Neighbourhood Plans o R(Larkfleet Homes) v Rutland CC (2015) – NDPs can allocate. o R (Gladman Developments) v Aylesbury Vale DC (2014) – NDPs can draw a settlement boundary and restrict housing development beyond it even where there is no up to date containing strategic housing policies. o Crane v SSCLG (2015) – lawful for an Inspector to refuse PP on a site which conflicted with an NDP. o R (DLA Delivery) v Lewes DC (2015) – an NDP can be made even if there is no up to date DPD for it to be in conformity with.
Viability appraisals and confidentiality o R(Perry) v Hackney LBC (2014) - decision to grant PP when members had not seen viability reports was lawful. o Royal Borough of Greenwich v Information Commissioner (2015) – developer’s viability appraisal required to be disclosed. o L B Southwark v Information Commissioner (2014) – part only of the appraisal was required to be disclosed. o R(George Turner) v SSCLG (2015) – Inspector on appeal had not seen the viability appraisals. Challenge unsuccessful. o Hallows v Wilson Barca LLP (2015) – legal professional privilege inadvertently waived in an FOIA context.
Consultation o West Berks DC/Reading BC v SSCLG (2015) – flawed consultation exercise because opportunity for “meaningful intelligent response” was denied and the SS failed to take the product of consultation “conscientiously into account”. o Dairy Crest Ltd v Merton LBC (2015) – confirmation of TPO quashed due to failure to deal properly with objection. o R (Moseley) v Haringey LBC (2014) – Supreme Court endorses “Sedley criteria”. o R v Brent LB ex p Gunning (1984) – Sedley criteria established.
Is it a question of law – or judgment? o R (Larkfleet) v South Kesteven DC (2015) – salami slicing case. Is it a question for the LPA challengeable only on Wednesbury grounds? o Tesco v Forest of Dean (2015) – LPA entitled to regard the s. 106 package sufficient and passing the CIL Reg 122 tests. o Eastleigh BC v SSCLG (2014) – question of whether a 5 year HLS demonstrated is a matter of judgment for the decision maker subject to Wednesbury. o R (Champion) v North Norfolk DC (2015) – legally defective screening exercise but relief refused.
The committee report o R (Milton Estates) v Ryedale DC (2015) - report had significantly misled committee about an inspector’s decision on another relevant scheme. o Obar Camden Ltd v Camden LBC (2015) – report not sufficient to discharge duty under s. 66 Listed Buildings Act and misdirected members as to the EHO’s advice. o Dairy Crest Ltd v Merton LBC (2015) – report did not properly identify and discuss the relevant issues. o R (Loader) v Rother DC (2015) – report did not significantly mislead. o Mackman v SSCLG (2015) – by contrast, screening opinion adequate even though the Court had to assume officer had taken certain matters into account
Others o Lawson Builders v SSCLG (2015) – s. 73 application resulted in s. 73 A being engaged because development had already begun. New permission effective immediately on grant. o Oxfordshire CC v SSCLG (2015) – Inspector not acting unlawfully in deciding that admin/monitoring costs failed the CIL Reg 122 tests. o Wiltshire CC v SSCLG (2015) – Court found a procedural error in this appeal which resulted in the Inspector failing to take account of a material consideration. Nevertheless, PP not quashed. o Hubert v Carmarthenshire (2015) – “unless otherwise agreed” struck out of condition.
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