Legal Viewpoint

Christina Achkarian

Legal Viewpoint: Enforcement Action – Two Bites at the Apple, by Christina Achkarian

Is it lawful for a local planning authority to take enforcement action under a breach of condition notice (BCN) when it has already served an enforcement notice covering substantially the same matters?


More Legal Viewpoint Articles

Legal Viewpoint: Noise - a flaw in human judgement?

The High Court has recently considered whether a local planning authority approached the existence of a fallback position lawfully when determining a planning application for development at an existing race circuit.

Legal Viewpoint: Court decision sheds light on the Secretary of State’s call-in processes

In a recent case, the High Court has criticised the Secretary of State’s internal processes for considering whether to call-in planning applications for his or her own consideration. The decision and judgment is likely to lead to more Article 31 ‘holding directions' being issued, causing increased delay and uncertainty for proposals subject to call-in requests.

Legal Viewpoint: High Court confirms local plans should be read sensibly and ‘not construed like a commercial contract’

The High Court has overturned a planning inspector's decision due to the inspector's misinterpretation of two policies in the local plan. It reaffirms the principles established in case law, that planning policies should be read as a whole and consideration given to their true effect.

Legal Viewpoint: Holocaust Memorial Centre thwarted due to historic law rather than heritage harm

The High Court recently quashed the decision to grant permission for a Holocaust memorial and learning centre next to Parliament for failing to consider a relatively obscure Victorian law which imposed an ‘enduring obligation’ to retain the proposed location as a public garden. While the challenge on heritage grounds failed, the decision offers interesting consideration of the relevant threshold test for ‘substantial harm’.

Legal Viewpoint: Critical importance of sequential scheme of CIL notices re-emphasised

The High Court has refused permission to judicially review a Community Infrastructure Levy (CIL) liability notice because the challenge was made very late and without good reasons for delay.

Legal Viewpoint: Healthcare contributions – mandatory for development projects?

For the first time, the Court has ruled on whether a local planning authority has lawfully exercised its planning judgment in deciding whether financial contributions for healthcare services should be secured from the developer.

Legal Viewpoint: Court decision provides important guidance for decisions on Assets of Community Value

In a recent case, the High Court has provided some important pointers on the interpretation of the statutory framework for Assets of Community Value (ACV). The decision, which revolved around a proposed listing of a sports field in Leeds as an ACV, is likely to have implications for future listing decisions.