Planning - 1999

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This page lists 116 cases, and was prepared on 10 January 2010.

Thames Water Utilities Limited -v- Oxford City Council and Oxford United Football Club Limited [1999] EGLR 167
1999 CA	Planning	Casemap 1 Cites

Millington -v- Secretary of State for the Environment (1999) 1 PLR 36
1999 QBD Judge Rich QC	Planning, Agriculture	Casemap 1 Citers
	The court commented on provisions in a circular as to the correctness of imposing planning conditions where it was thought that they might not be fulfilled: "I think that that footnote is mistaken. Certainly the case leaves it open to the Secretary of State to refuse to impose such a condition if there are reasons other than the unlikelihood of implementation. But the unlikelihood of implementation is not by itself a sufficient reason to refuse, and allowing it to be policy cannot make it so."

Regina -v- St Edmondsbury Borough Council ex parte Walton [1999] JPL 805
1999 Admn Hooper J	Planning, Environment, Local Government	Casemap 1 Citers
	The decision as to whether there should be an environmental statement was an important one, and that if an authority wished to delegate the decision to an officer, it had to do so formally and could not rely on some general practice alone.

London Borough of Bromley -v- Secretary of State for Environment, Transport and Regions and Colin Tee and Carol Tee [1999] EWHC Admin 6
6 Jan 1999 Admn	Planning
	Link[s] omitted

Chiltern District Council -v- Linden Prescott Dyason [1999] EWCA Civ 539
12 Jan 1999 CA	Planning
	Link[s] omitted

Regina -v- Bridgnorth District Council ex parte Prime Time Promotions Limited [1999] EWHC Admin 18
13 Jan 1999 Admn	Planning
	Link[s] omitted

Regina -v- Leicester City Council and Wm Morrison Supermarkets Plc and Powergen UK Plc ex parte Safeway Stores [1999] EWHC Admin 37
18 Jan 1999 Admn	Planning
	Link[s] omitted

Antoniades; Antoniades and Antoniades -v- Secretary of State for Environment Transport and Regions and London Borough of Barnet [1999] EWHC Admin 55
25 Jan 1999 Admn	Planning
	Link[s] omitted

Anthony Stanley Franklin Hickman -v- Secretary of State for Environment and South Buckinghamshire District Council [1999] EWHC Admin 54
25 Jan 1999 Admn	Planning
	Link[s] omitted

Regina -v- Tandridge District Council, ex parte Al-Fayed [1999] EWHC Admin 31
27 Jan 1999 QBD	Planning	Casemap 1 Cites
	A local authority should give great weight to authoritative scientific advice given by statutory bodies such as the Health and Safety Executive and National Radiological Protection Board as to the safety of proposed developments.
	Link[s] omitted

Greenwood and others -v- Secretary of State for Environment, Transport and Regions and Wychavon District Council [1999] EWHC Admin 62
27 Jan 1999 Admn	Planning
	Link[s] omitted

Regina -v- Secretary of State for the Environment Transport and Regions, Ex P Bath and North East Somerset District Council
28 Jan 1999 QBD	Planning
	Where an application for listed buildings consent had been refused on the basis that the application was invalid, on an appeal the Secretary of State had the power also to judge on the validity issue.
	Town and Country Planning (General Development Procedure) Order 1995 (1995 No 419)

Tandridge District Council -v- Michael Delaney Patrick Connors Michael Connors [1999] EWHC Admin 80
29 Jan 1999 Admn	Planning
	Link[s] omitted

Regina -v- Family Health Services Appeal Authority ex parte Safeway Stores Plc [1999] EWHC Admin 77
29 Jan 1999 Admn Collins J	Planning, Health Professions
	Application for leave to seek judicial review of decision to grant pharmacy licence.
	Link[s] omitted

Tandridge District Council -v- Michael Delaney Patrick Connors Michael Connors [1999] EWHC Admin 79
29 Jan 1999 Admn	Planning
	Link[s] omitted

Patrick Delaney Ann Marie Delaney Emma Susanne Delaney Margaret Ann Brien -v- Secretary of State for Environment London Borough of Bromley [1999] EWHC Admin 76
29 Jan 1999 Admn	Planning
	Link[s] omitted

Regina -v- Camden Borough Council ex parte Castle Timber Limited [1999] EWHC Admin 113
8 Feb 1999 Admn	Planning
	Link[s] omitted

Geall -v- Secretary of State for the Environment Transport and the Regions
10 Feb 1999 CA	Planning
	An applicant for planning permission completed his building before the application was determined, but an enforcement notice was served. The application was incomplete and served only as a request, and the applicant had to pay the fee for the appeal.

Regina -v- Wrexham Borough Council ex parte Kathleen Christine Wall; Florence Berry; Ann Purcell; Thomas Berry and Ann Marie Whitehouse (No 2) [1999] EWHC Admin 131
12 Feb 1999 Admn	Planning
	Link[s] omitted

Regina -v- Secretary of State for Environment Transport and Regions ex parte Borough of Kirklees [1999] EWHC Admin 133
12 Feb 1999 Admn	Planning
	Link[s] omitted

Regina -v- North Yorkshire County Council, ex parte Brown and Another [1999] UKHL 7; [1999] 2 WLR 452; [2000] 1 AC 397; [1999] 1 PLR 116; [1999] 1 All ER 969
12 Feb 1999 HL Lord Hoffmann	Environment, Planning	Casemap 1 Cites 1 Citers
	When a mineral planning authority set conditions on the continued operation of a quarry which had been operating since pre-1947, that decision was a development consent, and it required to be supported by an environmental impact assessment, since it had significant environmental effects. The purpose of the Directive is "to ensure that planning permissions which may affect the environment are made on the basis of full information."
	Planning and Compensation Act 1991 - Council Directive 85/337/EEC
	Link[s] omitted

Regina -v- Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston [1999] EWCA Civ 792
15 Feb 1999 CA	Planning, Environment	Casemap 1 Citers
	Link[s] omitted

Bedford Borough Council -v- Secretary of State for Environment, Transport and Regions and CA Folkes AA Folkes EG Mason J Allen [1999] EWHC Admin 143
16 Feb 1999 Admn	Planning
	Link[s] omitted

Regina -v- London Borough of Hammersmith and Fulham ex parte Abrams [1999] EWCA Civ 796
16 Feb 1999 CA	Planning
	[ Bailii ]

Regina -v- Preston Crown Court ex parte Michael Norman Jolly [1999] EWHC Admin 164
22 Feb 1999 Admn	Planning
	Link[s] omitted

Bedford Borough Council -v- Secretary of State for the Environment, Transport and the Regions et Al
24 Feb 1999 QBD	Planning
	Where the inspector allowed an appeal against refusal of permission, finding exceptions to the structure plan, the Local Authority appealed. Held: The appeal was refused as the inspector had given proper weight to the statutory considerations and was entitled to his conclusion.
	Town and Country Planning Act 1990 54A

Nottinghamshire County Council; Broxtowe Borough Council -v- Secretary of State for Environment, Transport and Regions and RJB Mining (Uk) Ltd [1999] EWHC Admin 188
3 Mar 1999 Admn	Planning
	Bridleway diversion.
	Link[s] omitted

Safeway Stores plc -v- Secretary of State for the Environment Transport and the Regions and Others
3 Mar 1999 QBD	Planning
	An inspector granting permission for an out of town development despite the effect on the town centre had not failed to have proper regard to PPG 6. A change in the wording dropping the requirement for an assessment of the affect on the town 'as a whole' was not a significant policy change.

Wards Construction (Medway) Ltd -v- Kent County Council
3 Mar 1999 CA	Planning
	A highway authority acquiring land by compulsory purchase for a project had a right to require a contribution from the developer not just for the building costs but also for the cost of acquiring the land necessary. Statute interpreted widely.
	Highways Act 1980 278(2)

Vale of White Horse District Council -v- Secretary of State for Environment, Transport and Regions -v- C M Jones and S A Jones [1999] EWHC Admin 201
4 Mar 1999 Admn	Planning
	Link[s] omitted

Regina -v- Huntingdonshire District Council ex parte Carter Commercial Developments Ltd [1999] EWHC Admin 199
4 Mar 1999 Admn	Planning
	Link[s] omitted

Regina -v- Secretary of State for Environment ex parte Webster [1999] EWHC Admin 214; [1999] EWHC Admin 213; [1999] JPL 1113
8 Mar 1999 Admn	Planning	Casemap 1 Citers
	A legalistic approach to the interpretation of policies in local and other plans is to be avoided.
	[ Bailii ] - [ Bailii ]

Lothian Borders and Angus Co-Operative Society Ltd -v- Scottish Borders Council
10 Mar 1999 OHCS	Planning
	An allegation attacking a planning decision on the basis that the local authority acted through bias because it received a benefit from the decision was ill-founded where it could be shown that the decision made available substantial needed benefit.

Bloomfield -v- Secretary of State for Environment, Transport and Regions -v- Epping Forest District Council [1999] EWHC Admin 217
10 Mar 1999 Admn	Planning
	Change of use - chalet 0 enforcement - 10 year time limit.
	Link[s] omitted

Gardline Shipping Limited -v- Secretary of State for Environment for Transport and Regions -v- Waveney District Council [1999] EWHC Admin 218
10 Mar 1999 Admn	Planning
	Planning (Listed Buildings and Conservation Areas) Act 1990 63
	Link[s] omitted

Roger Raymond Jarmain -v- Secretary of State for Environment, Transport and Regions Welwyn Hatfield District Council [1999] EWHC Admin 225
12 Mar 1999 QBD	Planning	Casemap 1 Citers
	Where an authority sought to enforce a planning notice a second time, against substantially the same structure, there was no need for the property to be described identically in each notice, in order for the Act's provisions to be brought into effect.
	Planning and Compensation Act 1991 171B(4)(b) 172
	Link[s] omitted

Arthur Sidney Petter; Monica Mary Harris -v- Secretary of State for Environment, Transport and Regions and Chichester District Council [1999] EWCA Civ 975; (2000) 79 P and CR 214
15 Mar 1999 CA Nourse LJ, Buxton LJ, Sedley LJ	Planning	Casemap 1 Citers
	[ Bailii ]

John Samuel -v- Secretary of State for Environment and South Gloucestershire District Council (Formerly Northavon District Council) [1999] EWCA Civ 996
16 Mar 1999 CA	Planning
	Link[s] omitted

Davenport -v- London Borough of Hammersmith and Fulham [1999] EWHC Admin 248
22 Mar 1999 Admn	Planning
	A planning condition, relating to matters on adjoining land outside the ambit of the land the subject of the permission, was valid, provided the condition was capable of fulfilment by the applicant, despite not being the land owner.
	Link[s] omitted

Skerritts of Nottingham Limited -v- Secretary of State for Environment, Transport and Regions, Harrow London Borough Council [1999] EWHC Admin 250
22 Mar 1999 Admn	Planning, Land, Planning	Casemap 1 Cites 1 Citers
	The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential consideration. A stable block lying some distance from a listed building should only be deemed to be within the curtilage with care. The intention was to affect only a small area about the building. This mistake amounted to an error of law.
	Planning (Listed Buildings and Conservation Areas) Act 1990 65
	Link[s] omitted

Skerritts of Nottingham Limited -v- Secretary of State for Environment, Transport and Regions, Harrow London Borough Council [1999] EWHC Admin 250
22 Mar 1999 Admn	Planning, Land, Planning	Casemap 1 Citers
	The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential consideration. A stable block lying some distance from a listed building should only be deemed to be within the curtilage with care. The intention was to affect only a small area about the building. This mistake amounted to an error of law.
	Planning (Listed Buildings and Conservation Areas) Act 1990 65
	Link[s] omitted

Alliance Against Birmingham Northern Relief Road Charles Bradshaw Smith Jack Stuart Barbara Langford Alan Vaughton Malcolm Dunn Lilly Jones -v- Secretary of State for Environment, Transport and Regions Midland Expressway Limited [1999] EWCA Civ 1058
23 Mar 1999 CA	Planning, Transport
	Link[s] omitted

Tesco Stores Ltd -v- North Norfolk District Council
24 Mar 1999 CA	Planning
	Work commenced before expiry of time required to commence work did not keep the planning permission alive where the applicant had failed to apply for approval of reserved matters which were a condition precedent to work commencing.

Regina -v- Secretary of State for Culture, Media and Sport ex parte Save Britain's Heritage [1999] EWHC Admin 279
30 Mar 1999 Admn	Planning
	Application for leave to quash a decision of the Secretary of State to refuse to list a building in Liverpool. Order by consent
	Link[s] omitted

Boyle -v- Secretary of State for Environment, Transport and Regions and North Hertfordshire District Council [1999] EWHC Admin 283
31 Mar 1999 Admn	Planning
	Link[s] omitted

Regina -v- Bolsover District Council ex parte Paterson [1999] EWHC Admin 292
7 Apr 1999 Admn	Planning
	Development to listed building when a second listed building in its grounds - need to give notice to owner of second building.
	Link[s] omitted

Regina -v- St Edmundsbury Borough Council (ex parte Walton) [1999] EWHC Admin 298
13 Apr 1999 Admn	Planning, Local Government
	The power to judge whether an application for planning permission would have substantial environmental effect was not capable of being exercised by an officer of the council without an express delegation of that power.
	Link[s] omitted

Hughes -v- Secretary of State for Transport and Regions, South Holland District Council [1999] EWHC Admin 300
14 Apr 1999 Admn	Planning
	Link[s] omitted

Regina -v- Wrexham County Council ex parte Williams [1999] EWHC Admin 316
16 Apr 1999 Admn	Planning
	Link[s] omitted

Robert Truz -v- Horsham District Council [1999] EWCA Civ 1226
21 Apr 1999 CA	Planning
	Link[s] omitted

Boyle -v- Secretary of State for the Environment Transport and the Regions & An
21 Apr 1999 QBD	Planning
	The only legitimate expectation of a party awaiting determination of an application for permission was that current policies would be applied. An applicant awaiting a decision on permanent dwelling for agricultural land had no right to continue temporary home.
	Town and Country Planning Act 1990 288

Regina -v- Secretary of State for Environment Transport and Regions and Vale of White Horse District Council ex parte Panton [1999] EWHC Admin 366
27 Apr 1999 Admn	Planning
	Link[s] omitted

Chartwell Land Development Ltd -v- Secretary of State for the Environment, Transport and the Regions & An
28 Apr 1999 QBD	Planning
	After outline permission had been granted, certain matters were reserved, on detailed plans the inspector sought to impose an alteration. On appeal, it was held that the inspector had acted without expert evidence on the point and so wrongly.

Cheshire County Council -v- Hull & Another
28 Apr 1999 CA	Planning
	Where an applicant had breached orders previous requiring compliance with planning conditions and waste management licences a mandatory order was appropriate, even though it involved great expense to the party.

Patrick Leonard Berridge and others -v- Doncaster Metropolitan Borough Council [1999] EWHC Admin 375
29 Apr 1999 Admn	Planning
	Alternative routes for a trans-pennine route were in a draft Unitary Development Plan. At the draft deposit stage it was amended to affect the applicant's land, but he was not informed. Held: There was no need to notify in that way.
	[ Bailii ]

F A Saunders -v- Secretary of State for Environment, Transport and Regions and West Oxfordshire District Council [1999] EWCA Civ 1335
5 May 1999 CA	Planning
	Appeal against refusal to quash local plan.
	Link[s] omitted

Regina -v- Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner [1999] EWHC Admin 409; [2001] JPL 407; [2000] JPL 54; [2001] Env LR 22; [1999] 3 PLR 74
7 May 1999 Admn Sullivan J	Planning, Administrative	Casemap 1 Cites 1 Citers
	An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of the legislative framework and must be read fairly and as a whole.
	Link[s] omitted

Regina -v- London Borough of Tower Hamlets and News International (a Firm) ex parte Gwendolen Tilly [1999] EWHC Admin 423
11 May 1999 Admn	Planning
	Link[s] omitted

Regina -v- Epping Forest District Council ex parte Philcox [1999] EWHC Admin 450
18 May 1999 Admn	Planning
	Link[s] omitted

Safeway Stores Plc -v- Secretary of State for Environment, Transport and Regions; Carter Commercial Developments Limited and Stockton-On-Tees Borough Council [1999] EWCA Civ 1469
24 May 1999 CA	Planning
	Link[s] omitted

Hearne -v- Secretary of State for Wales and Carmarthenshire County Council [1999] EWHC Admin 494
25 May 1999 Admn	Planning, Discrimination	Casemap 1 Cites 1 Citers
	Caravan Sites and Control of Development Act 1960
	Link[s] omitted

Charles Church Developments Limited -v- South Northamptonshire District Council and Secretary of State [1999] EWHC Admin 500
26 May 1999 Admn	Planning
	Link[s] omitted

Eric David Cowen -v- Secretary of State for Environment Peak District National Park Authority [1999] EWCA Civ 1484; [1999] 3 PLR 108
26 May 1999 CA	Planning	Casemap 1 Cites 1 Citers
	A land-owner laid a tarmac surface on a path within the National Park. This was held to be an improvement required for the right of way. The fact that works constituted an alteration did not avoid the protection given as an improvement.
	Town and Country Planning (Permitted Development) Order 1995 No 418
	Link[s] omitted

Britton Construction Limited -v- Tendring District Council [1999] EWHC Admin 509
28 May 1999 Admn	Planning
	Application to quash local plan.
	[ Bailii ]

John Francis Panvert -v- Secretary of State for Environment and Tonbridge and Malling Borough Council [1999] EWHC Admin 514
1 Jun 1999 Admn	Planning
	Link[s] omitted

Regina -v- Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council
3 Jun 1999 CA	Planning
	A finding by the local planning authority that applications for listed buildings consent and planning permission were invalid, was not sufficient to exclude the right of the applicant to appeal to the Secretary of State against that finding of validity. This was in accordance with the broad purposes of the planning legislation despite apparently inconsistent particular provisions.
	Planning (Listed Buildings and Conservation Areas) Act 1990 20 - Town and Country Planning Act 1990 78

Mendip District Council -v- Secretary of State for Environment, Transport and Regions; Sherred and Sherred [1999] EWHC Admin 517
3 Jun 1999 Admn	Planning
	[ Bailii ]

Skerritts of Nottingham Limited -v- Secretary of State for Environment, Transport and Regions -v- and Harrow London Borough Council (No 2) [1999] EWHC Admin 519
4 Jun 1999 Admn	Planning
	A metal framed marquee erected on the same site each year and kept up until October, did not require planning permission. The decision that it did because it was a building was flawed. Insufficient attention had been given to whether there were any building operations which had taken place in connection with it.
	Town and Country Planning Act 1990 55
	[ Bailii ]

Jacqueline Hammond -v- Secretary of State for Environment and Maldon District Council [1999] EWCA Civ 1539
9 Jun 1999 CA	Planning
	Link[s] omitted

Bloomfield -v- Secretary of State for Environment [1999] EWCA Civ 1593
16 Jun 1999 CA	Planning
	Change of Use - 10 year limit.
	Link[s] omitted

Ann Marie Delaney Emma Suzanne Delaney Margaret Ann Brien -v- Secretary of State for Environment and London Borough of Bromley [1999] EWCA Civ 1590
16 Jun 1999 CA	Planning
	[ Bailii ]

Tandridge District Council -v- Verrechia [1999] 3 All ER 247
16 Jun 1999 CA	Planning
	Where an enforcement notice did not include any required steps, s173(11) does not apply, and an inspector has no power under s176(1) to amend the notice by adding steps to be taken where the issuing local authority could not itself have included it.
	Town and Country Planning Act 1990 173(11), 176(1)

Hugh Macrae & Company (Builders) Ltd -v- a Decision of a Reporter Appointed By the Secretary of State for Scotland [1999] ScotCS 152
18 Jun 1999 SCS	Scotland, Planning
	Town and Country Planning Act 1997
	Link[s] omitted

Thames Water Utilities Limited -v- Oxford City Council and Oxford United Football Club Limited [1999] EWCA Civ 1648
22 Jun 1999 CA Nourse LJ	Planning	Casemap 1 Citers
	Application for leave to appeal out of time. Granted.
	Link[s] omitted

Alfred Mcalpine Homes (Yorkshire) Limited -v- Kirklees Metropolitan Council and Secretary of State for Environment, Transport and Regions [1999] EWHC Admin 586
23 Jun 1999 Admn	Planning
	The claimant sought an interim declaration that the UDP was invalid insofar as it redesignated its land from housing to urban green space. Held: At an interim stage the balance of convenience lay with the respondent. Application refused.
	[ Bailii ]

Regina -v- Secretary of State for Environment, Transport and Regions and Vale of White Horse District Council ex parte Bernard John Panton [1999] EWCA Civ 1658
23 Jun 1999 CA	Planning, Costs
	[ Bailii ]

Regina -v- East Sussex County Council ex parte ARC Ltd & Ross and Simpson (Rye Harbour) Ltd [1999] EWHC Admin 590
24 Jun 1999 Admn	Planning
	A notice of decision of a mineral planning authority was deemed to be served when delivered or receipted, and not upon the date posted. Where the time limit for service of the notice expired between its being sent and received, that period had expired, and the notice invalidated.
	Environment Act 1995
	Link[s] omitted

Regina -v- Royal Borough of Kensington and Chelsea ex parte Lawrie Plantation Services [1999] 1 WLR 1415; [1999] 3 ALL ER 929; [1999] UKHL 32
24 Jun 1999 HL	Planning	Casemap 1 Cites 1 Citers
	The word 'consideration' when looked at in the context of planning laws was not to be construed narrowly as valuable consideration as would be the case in contract law, but should be construed purposively, looking at the Act. In this case flats used for employees were being used in a way which contravened the purpose of limiting use by transitory visitors.
	Greater London Council (General Powers) Act 1973
	Link[s] omitted

Millington -v- Secretary of State for Environment Transport and Regions -v- Shrewsbury and Atcham Borough Council (2000) JPL 297; [1999] EWCA Civ 1682
25 Jun 1999 CA Schiemann LJ	Planning, Agriculture	1 Cites
	The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State's reaction to the judges comments at first instance on planning conditions: "The Secretary of State takes exception to those comments by the judge. We have not heard full argument on those points having indicated to the parties that we were not prepared to do so in the context of this appeal. The judge had in front of him argument in relation to what was a positive rather than a negative condition and so his comments in relation to negative conditions were not necessary for his decision. . . . We do not regard it as appropriate to lengthen our judgments by a consideration of a difficult question which has already troubled the House of Lords and the resolution of which was not necessary for the judge nor is it for us."
	Town and Country Planning Act 1990 55(2)
	Link[s] omitted

Regina -v- Bristol City Council and Another,ex parte Anderson (LDH) Holdings Plc
27 Jun 1999 CA	Planning
	A condition on a permission which was widely stated, was not void for uncertainty as to its effect if it could be enforced. Conditions in the permission had to be properly related to planning issues, but a condition requiring support for intended student tenants was intended in part to prevent parking problems and was correct.

Regina -v- St Edmundsbury Borough Council ex parte Davidson [1999] EWHC Admin 610
28 Jun 1999 Admn	Planning
	Link[s] omitted

Regina -v- London Borough of Tower Hamlets ex parte Tilly [1999] EWHC Admin 621
1 Jul 1999 Admn	Planning
	Link[s] omitted

Regina -v- Huntingdon District Council ex parte Carter Commercial Developments Limited Fivestone Limited Interested [1999] EWCA Civ 1770
5 Jul 1999 CA	Planning
	[ Bailii ]

Tarmac Materials Ltd -v- Secretary of State for Environment [1999] EWHC Admin 644
6 Jul 1999 Admn Jackson J	Planning	Casemap 1 Cites
	Link[s] omitted

Regina -v- St Edmundsbury Borough Council, ex parte Davidson
7 Jul 1999 QBD	Planning
	Where two sites had been available for a redevelopment, one site was rejected because an existing lease made it unworkable, and the plan was piece meal, and the other site was taken forward, the applicant for permission could ask the council to reconsider the first site once the lease was surrendered, and the authority was obliged to retrace its steps sequentially through PPG 6 before a permission could be granted.
	PPG 6

Regina -v- Bedfordshire County Council FD O'Dell & Sons Limited ex parte Mason and Ors (As Representatives of the Langford Action Group) [1999] EWHC Admin 676
13 Jul 1999 Admn	Planning, Environment
	Link[s] omitted

Tarmac Heavy Building Materials UK Ltd -v- Secretary of State for the Environment, Transport and the Regions (1999) 79 P&CR 260
14 Jul 1999 QBD Jackson J	Planning	Casemap 1 Citers
	A condition requiring the removal of plant and re-instatement of a site after completion of extraction of minerals from it was not properly imposed since the operation of the plant was not necessarily linked to the continuation of the quarrying activities. The court quashed a decision contained in an inspector's decision letter.

Michael Shanley Group Limited -v- Secretary of State for Environment, Transport and Regions and Windsor and Maidenhead Royal Borough Council [1999] EWCA Civ 1885
19 Jul 1999 CA	Planning
	Link[s] omitted

Commission for New Towns -v- Horsham District Council [1999] EWCA Civ 1902
21 Jul 1999 CA	Planning
	Link[s] omitted

Adur District Council -v- Secretary of State for Environment and Another [1999] EWCA Civ 1937
23 Jul 1999 CA	Planning	Casemap 1 Cites 1 Citers
	Link[s] omitted

RH Tomlinssons (Trowbridge) Limited -v- Secretary of State for Environment and Bath and North East Somerset Council [1999] EWCA Civ 1971
26 Jul 1999 CA	Planning
	Link[s] omitted

London Borough of Croydon -v- Secretary of State for Environment -v- Lex Service Plc [1999] EWHC Admin 748
28 Jul 1999 Admn	Planning
	Link[s] omitted

Regina -v- Durham County Council Sherburn Stone Company Limited ex parte Huddlestone [1999] EWHC Admin 745
28 Jul 1999 Admn	Planning, Judicial Review	1 Cites 1 Citers
	Link[s] omitted

Regina -v- Somerset County Council ex parte Morris and Perry (Gurney Slade Quarry) Limited [1999] EWHC Admin 766
29 Jul 1999 Admn Maurice Kay J	Planning
	Link[s] omitted

Regina -v- Durham County Council; Sherburn Stone Company Limited ex parte Huddlestone [1999] EWHC Admin 757
29 Jul 1999 Admn	Planning	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Commissioner for Local Administration ex parte Colin Field [1999] EWHC Admin 754
29 Jul 1999 Admn	Local Government, Planning
	Link[s] omitted

Regina -v- Oldham Metropolitan Borough Council and Pugmanor Properties Ltd ex parte Foster [1999] EWHC Admin 774
30 Jul 1999 Admn	Environment, Planning
	Environment Act 1995 95
	Link[s] omitted

Regina -v- East Sussex County Council (ex parte Reprotech (Pebsham) Limited) [1999] EWHC Admin 769
30 Jul 1999 Admn	Planning	Casemap 1 Citers
	Where an application for an alteration in a planning permission would mean also that the original use for which permission had been granted would need alteration, a local authority was correct to treat the new use as if it had been a use ancillary to the original.
	Town and Country Planning Act 1990 64
	Link[s] omitted

Tandridge District Council -v- Michael Delaney; Patrick Connors and Michael Connors [1999] EWHC Admin 781
3 Aug 1999 Admn	Planning
	Link[s] omitted

Alnwick District Council -v- Secretary of State for Environment, Transport and Regions and Safeway Stores Plc and others [1999] EWHC Admin 782
4 Aug 1999 Admn	Planning
	Link[s] omitted

Douglas John Merritt -v- Secretary of State for Environment, Transport and Regions and Mendip District Council [1999] EWHC Admin 783
5 Aug 1999 Admn Purchas QC	Planning	Casemap 1 Cites
	The applicant appealed refusal of planning permission for residential development of a small plot of land. The said that the inspector had wrongly rejected the application of a Grampian condition on the basis that it would not be fulfilled and also in having considred the access arrangements unacceptable when these had been reserved. Held: The respondent had wrongly issued a policy firmly against Grampian conditions. The decision was to be quashed.
	Link[s] omitted

Regina -v- Durham County Council ex parte Rodney Huddleston [1999] EWHC Admin 794
17 Aug 1999 Admn	Planning, Litigation Practice	1 Cites 1 Citers
	Variation of interim injunction to allow works preparatory to development pending appeal against refusal of planning permission.
	Link[s] omitted

Cala Homes (South) Limited -v- Chichester District Council [1999] EWHC Admin 805
20 Aug 1999 Admn	Planning, Civil Procedure Rules
	A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was clear, and formal rules should not defeat compliance with a statutory time limit.
	Town and Country Planning Act 1990 287
	Link[s] omitted

Regina -v- Wrexham Borough Council ex parte Ann Gavin (Aka Ann Doran) [1999] EWHC Admin 817
26 Aug 1999 Admn	Planning
	Application for leave to bring judicial review of decision to remove claimant from land.
	Link[s] omitted

Faradene Ltd -v- Secretary of State for the Environment, Transport and the Regions & An
2 Sep 1999 QBD	Planning
	Where a permission was sought extending an existing development, and a plan due to be finalised acknowledged that the site should continue with that use, it could not be said that the grant of a permission would prejudice the outcome of the public enquiry and it was wrong to delay the application until after the plan was so finalised.

Alnwick District Council -v- Secretary of State for the Environment, Transport and the Regions and Another
8 Sep 1999 QBD	Planning
	Where a grant of permission had been reversed, leaving the planning authority liable to pay substantial compensation, such compensation could not be taken account of when reversing the permission. Financial consequences were only a material consideration when they related to the use and development of the land itself. In this case the compensation was not a material consideration.
	Town and Country Planning Act 1990 70(2)

Fisher -v- Wychavon District Council [1999] EWCA Civ 2114; [1999] EWCA Civ 2115
10 Sep 1999 CA	Planning
	Link[s] omitted

A Fairhurst & Son -v- Secretary of State for the Environment, Transport and the Regions & Another
13 Oct 1999 QBD	Planning
	A compulsory purchase order was sought for land which would, by being taken, seriously damage the operation of a business on nearby land. The Secretary of State granted the order on appeal. His order was upheld because he appeared to have applied the appropriate statutory tests, and carried out the correct balancing exercises.

Regina -v- Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England CAT 26 October 1999
26 Oct 1999 QBD Richards J	Environment, Planning, European	Casemap 1 Citers
	The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that an individual could not seek to enforce a directive once it had been properly enshrined in a member state's law. "…I accept that in exercising discretion with regard to costs … I should seek to give effect to the overriding objective and should have particular regard to the need, so far as practicable, to ensure that the parties are on an equal footing and that the case is dealt with in a way which is proportionate to the financial position of each party. Those aspects of the overriding objective seem to me to be embedded in any event in the principles laid down in ex p CPAG."
	Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)

Hearne -v- National Assembly for Wales and Another
10 Nov 1999 CA	Discrimination, Planning	Casemap 1 Cites 1 Citers
	When looking at whether a person was a gypsy so as to qualify for additional consideration, the test was to be applied at the time when the decision was made and not when the application was made. It was acknowledged that an applicant could change status from time to time, and that this might lead to some logical inconsistency, but the statute was clear and no supporting guidance suggested otherwise.
	Caravan Sites and Control of Development Act 1960

Regina -v- North Somerset District Council Ex Parte Cadbury Garden Centre Ltd
10 Nov 1999 QBD	Planning	Casemap 1 Citers
	A garden centre challenged a series of planning decisions relating to adjoining land which changed its use to that of a garden centre. The challenge was successful insofar as the authority had failed to acknowledge that their decision amounted to permission to a change of the main use of the site.

Regina -v- Leicestershire City Council Ex P Powergen Uk Plc
17 Nov 1999 QBD	Planning
	A planning permission had been granted requiring detailed proposals for the development to be delivered before a certain date. The applicant submitted proposals for part only of the site, requesting a variation to allow such a part proposal. The request was refused and the applicant challenged it by way of review. It was held that the site and the development were clearly intended to mean the same. No legitimate expectation had arisen.

Regina -v- Secretary of State for the Environment, Transport and the Regions and Another, ex parte Next Generation Ltd
25 Nov 1999 QBD	Planning
	An inspector's decision against the grant of permission to build upon a school site properly followed the unitary development plan, and the effect which the development might have in reducing recreational facilities for local children was properly within the knowledge of the inspector. Such decisions were to be read as if by an intelligent and informed reader, and minor discrepancies in the wording were not to affect the decision.

R -v- Secretary of State for the Environment Transport and the Regions
1 Dec 1999 QBD	Planning
	A chapel had land used for parking. The chapel and land were sold to the appellant who used the chapel for the sale of cars. The use of the parking land grew, and it was claimed that he had changed the use of the land. An ancillary use is one subordinate to or linked functionally to a primary use, but the loss of an existing ancillary use was a matter of fact and degree. The inspector had correctly concluded that the right had been lost.

R -v- Secretary of State for the Environment, Transport and the Regions and Another, Ex Parte Richmondhsire District Council
17 Dec 1999 QBD	Planning
	An application for permission to extend a caravan site was granted despite its size where the inspector had stated the interests to be protected and explained how they were met, but failed to allow for the structure plan which would allow only small scale proposals which would not harm the character and appearance etc of the local area. The development was not small scale, and the inspector had not considered properly the policies and their aims, and the permission was set aside.

Ascot Wood Ltd -v- Secretary of State for Environment Transport and Another [1999] EWHC 834 (Admin); [2000] PLCR 265
17 Dec 1999 Admn	Planning
	Link[s] omitted