A LEADING LAW FIRM WITH A APPROACH. Enforcement Update Frank Orr
|
|
- Gwen Murphy
- 6 years ago
- Views:
Transcription
1 A LEADING LAW FIRM WITH A APPROACH Enforcement Update Frank Orr
2 Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26 Mr Beesley was granted planning permission for the erection of a barn subject to the condition that it was to be used for the storage of hay, straw or other agricultural products only. A structure was built which had the external appearance of a hay barn but internally was fitted out as a dwelling house. After residing in the building for four years an application was made under Section 191 of the Town and Country Planning Act 1990 ( the 1990 Act ) for a certificate of lawfulness. The Council refused the certificate, but on appeal to the Inspector the certificate was granted. The Council then successfully challenged in the High Court the Inspector s decision to award the certificate.
3 Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26
4 Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26 Mr Beesley appealed to the Court of Appeal. The Court found that Mr Beesley could benefit from the four-year rule under section 171B(2) of the 1990 Act as the implied permitted use of the building was for agricultural storage and there had therefore been a change of use to a dwelling house. Immunity from enforcement did not depend upon establishing actual use for agricultural storage prior to the enforcement notice being served. The use of the building for a use other than the permitted use as established from the planning permission was sufficient.
5 Robert Fidler v Secretary of State for Communities and Local Government & Banstead Borough Council [2010] EWHC 143 (Admin) Section 171B of the 1990 Act operational development without planning permission the LPA has four years from the date of substantial completion to take enforcement action. Mr Fidler constructed a mock castle complete with conservatory, marquee, wooden bridge, patio and decking on his land in Surrey. An enforcement notice was served. At Inquiry the Inspector held that development had not been substantially completed until the plastic sheeting and straw bales had been removed therefore the enforcement notice was served within 4 years. Mr Fiddler appealed to the High Court.
6 Robert Fidler v Secretary of State for Communities and Local Government & Banstead Borough Council [2010] EWHC 143 (Admin)
7 Robert Fidler v Secretary of State for Communities and Local Government & Banstead Borough Council [2010] EWHC 143 (Admin) The Judge held that the Inspector had been entitled to find, as a matter of fact and degree, that straw bales were integral and an essential part of building operations. The definition of building operations under Section 55(1A) of the 1990 Act was not exhaustive and depending on the facts, could include straw bales. Mr Fidler has appealed to the Court of Appeal.
8 Williams v Hertfordshire Council [2010] All ER (D) 169 (Feb) Mr Williams and his wife had been issued with an enforcement notice to remove two mobile homes from a piece of land. Mr Williams was convicted of breaching Sections 179(1) and (4) of the 1990 Act as he did not fully comply with the notice. It was claimed that the enforcement notice was not clear and there was no express obligation under the notice to cease using the remaining mobile home.
9 Williams v Hertfordshire Council [2010] All ER (D) 169 (Feb) The appeal was allowed. The Court stated that there are two types of notices:- 1. do notices; and 2. desist notices. The Court ruled that an enforcement notice had to be unambiguous and its requirements need to be clear on its face. Whilst the enforcement notice made it clear that the mobile homes had to be removed, it did not contain a specific obligation to cease using the mobile homes.
10 R (On application of Martin Perrett) v Secretary of State for Communities and Local Government & West Dorset District Council [2009] EWCA Civ 1365 Mr Perrett owned a dairy farm which had been used for a variety of nonagricultural uses since the 1990 s. The local planning authority had granted lawful use certificates and planning permission in respect of some of the uses, but served enforcement notices requiring other uses to cease. Mr Perrett appealed to the Inspector and was successful on two appeals but not the entirety. The parties agreed to a consent order, but were unable to agree thereafter on the method and scope of the rehearing. The Inspector decided that ground (d) should be excluded from the scope of the redetermination. Mr Perrett applied for judicial review arguing that the inspector s exclusion of ground (d) was wrong in law. The Administrative Court dismissed the application.
11 R (On application of Martin Perrett) v Secretary of State for Communities and Local Government & West Dorset District Council [2009] EWCA Civ 1365 The Court of Appeal was required to decide whether on remittal of a case pursuant to Section 289 of the 1990 Act was there an obligation on the Secretary of State to consider the whole of the enforcement appeal de novo. The Court held that the Secretary of State had a discretion as to the manner in which an enforcement notice appeal was reheard following a remittal. The Court sought to make a distinction between a decision that had been quashed or set aside and a matter that had been remitted.
12 R (On the Application of Michael William Howells) v Secretary of State for Communities and Local Government and Gloucestershire Country Council [2009] EWHC 2757 An enforcement notice was served in respect of a breach of planning control through the unauthorised change of use of agricultural land for the importation and storage of inert waste. The Inspector concluded that the Enforcement Notice should be upheld. However, the plan attached to the notice should be amended to reflect the true area within which waste activities were taking place
13 R (On the Application of Michael William Howells) v Secretary of State for Communities and Local Government and Gloucestershire Country Council [2009] EWHC 2757 Section 176 of the 1990 Act states that the Secretary of State may correct any informality, defect or error in the enforcement notice if he is satisfied that the informality defect is not material The Inspector was entitled to increase the area of the plan provided that no injustice occurred to either party.
14 Chas Storer Limited v. Secretary of State for Communities and Local Government and Hertfordshire County Council [2009] EWHC 1071 (Admin) An appeal was lodged against a decision by a planning inspector to uphold an enforcement notice which alleged that the Appellant had changed the use of its waste collection and processing site by processing co-mingled waste. The notice also imposed restrictions on the hours of operation and number of vehicle movements at the site. In the Inspector s decision letter he stated that it was only the receipt of co-mingled waste which gave rise to the material change of use, not the increase in vehicle movement or hours of operation. However, he still upheld the conditions, albeit on a varied basis, one of which limited the number of vehicular movements. The Appellant challenged the decision on the basis that on their own, the increase on vehicle movements and hours of operation would amount to a lawful use.
15 Chas Storer Limited v. Secretary of State for Communities and Local Government and Hertfordshire County Council [2009] EWHC 1071 (Admin) The appeal was allowed and the case was remitted back to the Secretary of State for re-hearing. The Court found that the increase in vehicle movements and hours of operation did not constitute or form part of the material change of use and did not amount to development. Therefore, such activities at those increased levels, remained a lawful use. The Inspector was not entitled to impose requirements that went beyond what was necessary to confine relevant activities to a lawful use.
16 R (on the application of USK Valley Conservation Group and others) v. Brecon Beacons National Park Authority and (1) Geraint Thomas and (2) Christine Thomas [2010] EWHC 71 (Admin) Planning permission was granted for the relocation of an existing camping facility out of a flood zone. There was no reference to caravans in the planning application or the site notices. However, the planning permission imposed a conditions that no more than 50 tents and 50 caravans shall be erected or sited within the camping/caravanning areas. Residents commenced proceedings against the validity of the permission 3 ½ years after after the permission was granted.
17 R (on the application of USK Valley Conservation Group and others) v. Brecon Beacons National Park Authority and (1) Geraint Thomas and (2) Christine Thomas [2010] EWHC 71 (Admin) Validity of the Planning Permission The application should not have been interpreted to include caravans as they did not feature in the application plans or under the relevant headings in the application form. Caravans may have been part of the existing facility and the parties may have formed a view that they would naturally be included in the new permission. However subjective understanding of the proposal cannot override the objective interpretation of the application read as a whole. The grant of planning permission is not the correct place to resolve ambiguity in an application. The duty on the National Park Authority to make reasonable enquiries to obtain factual information on which to base its decision was not discharged. Requirements for notifying the Community Council were not complied with.
18 R (on the application of USK Valley Conservation Group and others) v. Brecon Beacons National Park Authority and (1) Geraint Thomas and (2) Christine Thomas [2010] EWHC 71 (Admin) Environmental Impact Assessment There was no dispute that the development met some of the criteria for EIA Development and would be classed as a Schedule 2 development. However, the Court concluded that there was no evidence that the planning officers had addressed their minds to the question of environmental assessment therefore the permission was invalid. Prejudice Due to the delay in bringing the action, should the Thomases suffer the detriment and prejudice of the quashing? It was decided that no prejudice would be suffered by the Thomases as they were in no worse a position than they were before the grant of permission. Mr Thomas could start seeking planning permission again, but the public interest could not be protected unless the use were discontinued.
A LEADING LAW FIRM WITH A APPROACH
A LEADING LAW FIRM WITH A APPROACH RTPI EVENT 2011: PLANNING LAW NEW DIRECTIONS Enforcement Update Stephen Dagg Robert Fidler v. (1) Secretary of State for Communities Section 171B(1) Where there has been
More informationReview of Planning Enforcement changes over the past 5 years
Review of Planning Enforcement changes over the past 5 years Proceeds of Crime Act 2002 The legislation is intended to deprive defendants of the benefit they have gained from relevant criminal conduct,
More informationDevelopments In Enforcement Including POCA.
Developments In Enforcement Including POCA. Financial assistance with the cost of injunctions 1. The Government has recently announced (January 2015) the creation of a Planning Enforcement Fund of 1m intended
More informationPLANNING SUMMER SCHOOL
PLANNING SUMMER SCHOOL ENFORCEMENT OF PLANNING CONTROL Celina Colquhoun LLB 3 GRAY'S INN SQUARE 1. Planning Powers I - POWERS Local Planning Authority s s principal enforcement powers under Town and Country
More informationTHE SCOTTISH GYMNASTICS ASSOCIATION ("SGA") CONDUCT IN SPORT CODE
1 THE SCOTTISH GYMNASTICS ASSOCIATION ("SGA") CONDUCT IN SPORT CODE The object of the Conduct in Sport Code is to set down rules and procedures with a view to obtaining justice in gymnastic Conduct proceedings
More informationPrior Approval of Permitted Development Ongoing Problems and Issues
RTPI South West DEVELOPMENT MANAGEMENT 11 October 2017 Prior Approval of Permitted Development Ongoing Problems and Issues Martin Goodall, Keystone Law [All references are to Part 3 of the Second Schedule
More informationPlanning Enforcement in Wales Getting the Notice right Peter Burley Chief Planning Inspector
Planning Enforcement in Wales 2012 Getting the Notice right Peter Burley Chief Planning Inspector Why? Because the LPA has identified that there has been a breach of planning control AND It considers that
More informationBefore : SIR GEORGE NEWMAN (sitting as a Deputy High Court Judge) Between :
Neutral Citation Number: [2008] EWHC 3046 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/3755/2007 Royal Courts of Justice Strand, London, WC2A 2LL Date: 10
More informationA LEADING LAW FIRM WITH A APPROACH
A LEADING LAW FIRM WITH A APPROACH Certificates of Lawfulness Frank Orr Head of Planning (Newcastle) Certificates of Lawfulness - Introduction Certificates of lawfulness replaced established use certificates
More informationBARNSLEY METROPOLITAN BOROUGH COUNCIL PLANNING COMPLIANCE POLICY
BARNSLEY METROPOLITAN BOROUGH COUNCIL PLANNING COMPLIANCE POLICY Barnsley Metropolitan Borough Council Community Safety and Enforcement Service Development Management Service Legal Services 1 1. INTRODUCTION
More informationThe Home at the Bottom of the Garden - Immunity from Enforcement Issues in Planning.
! The Home at the Bottom of the Garden - Immunity from Enforcement Issues in Planning. There is a perennial problem of the dwelling at the bottom of the garden. Obviously, the situation is not really so
More informationNeutral Citation Number: [2017] EWHC 2716 (Admin) Claim No: CO/3092 and 3093/2017. B e f o r e :
Neutral Citation Number: [2017] EWHC 2716 (Admin) Claim No: CO/3092 and 3093/2017 IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION PLANNING COURT Date: 3 November 2017 B e f o r e : HIS HONOUR JUDGE
More informationSally Anne Hyde v- Milton Keynes Hospital NHS Foundation Trust
Contents Sally Anne Hyde v- Milton Keynes Hospital NHS Foundation Trust 1 Kai Surrey (by his Mother and Litigation Friend Amy Surrey) v- Barnett & Chase Farm Hospitals NHS Trust 5 Nirjalmit Mehmi v- Mr
More informationSince joining Chambers in 2014, Alexander is developing a busy specialist practice at the planning and local government bar.
Francis Taylor Building Inner Temple London EC4Y 7BY DX: 402 LDE T: 020 7353 8415 F: 020 7353 7622 E: clerks@ftbchambers.co.uk W: www.ftbchambers.co.uk Alexander Greaves Practice Profile Year of call 2012
More informationOVERCOMING IMPEDIMENTS - SIMON PICKLES
OVERCOMING IMPEDIMENTS - SIMON PICKLES 1. The advantage of the title (not my own) to this brief paper is that it provides such a broad, blank canvas. I have chosen to address under it two current topics
More informationnplaw Planning and Environmental Law Newsletter October 2017 Norfolk Public Law
Planning and Environmental Law Newsletter October 2017 nplaw Norfolk Public Law www.nplaw.co.uk Here is a round-up of news and cases from the world of planning that have caught our eye. We look at regulations
More informationNPPF Case Law Update October 2017 John Arthur, Burges Salmon
NPPF Case Law Update October 2017 John Arthur, Burges Salmon Cases to be covered 1. Hopkins Homes / Cheshire East (Supreme Court, May 2017) 2. Reigate and Banstead BC (High Court, June 2017) 3. Barwood
More informationENVIRONMENTAL IMPACT ASSESSMENT: AVOIDING THE ELEPHANT-TRAPS
ENVIRONMENTAL IMPACT ASSESSMENT: AVOIDING THE ELEPHANT-TRAPS Stephen Tromans 1 Barrister, 39 Essex Street Environmental impact assessment (or EIA as it is normally known) easily outpaces any other area
More informationPERMITTED DEVELOPMENT ISSUES
PERMITTED DEVELOPMENT ISSUES 6 June 2018 David Evans, Consultant Solicitor INTRODUCTION Permitted Development in the Town & Country Planning Act 1990 and the General Permitted Development Order 2015 -
More informationOmbudsman s Determination
Ombudsman s Determination Applicant Scheme Respondent(s) Mr A Local Government Pension Scheme (the Scheme) Enfield Council (the Council) Complaint summary Mr A has complained that the Council, his former
More informationThe Planning Court comes into being. Richard Harwood OBE QC
The Planning Court comes into being Richard Harwood OBE QC The Planning Court will come into existence on 6 th April 2014 and some of the detail of its operation is now known. For the most part the procedures
More informationDate: 2 nd December 2009
Item No. Report title: From: Classification: Information Only PLANNING ENFORCEMENT UPDATE REPORT Head of Development Management Date: 2 nd December 2009 Meeting Name: Borough & Bankside Community Council
More informationBefore: CHRISTOPHER SYMONS QC Sitting as a Deputy Judge of the High Court Between:
Neutral Citation Number: [2009] EWHC 228 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/4765/2008 Royal Courts of Justice Strand, London, WC2A 2LL Date: 13
More informationPLANNING AND BUILDING (JERSEY) LAW 2002
PLANNING AND BUILDING (JERSEY) LAW 2002 Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law Planning and Building (Jersey) Law 2002 Arrangement PLANNING AND BUILDING
More informationEIA: nuts and bolts. James Maurici Q.C. Landmark Chambers
EIA: nuts and bolts James Maurici Q.C. Landmark Chambers Scope Post screening, stages where ES to be submitted: (1) Scoping; (2) Judging the adequacy of the ES; (3) Reg. 22 requests for further information;
More informationCHALLENGING DEVELOPMENT PLANS IN THE HIGH COURT MAY 2013 SASHA WHITE Q.C.
CHALLENGING DEVELOPMENT PLANS IN THE HIGH COURT MAY 2013 SASHA WHITE Q.C. A JUDGE ABOUT TO CONSIDER A DEVELOPMENT PLAN CHALLENGE! A JUDGE CONSIDERING A DEVELOPMENT PLAN CHALLENGE! SECTION 1 - INTRODUCTION
More informationRURAL PLANNING UPDATE. By Jonathan Easton
RURAL PLANNING UPDATE By Jonathan Easton Scope of Paper Consider recent judicial decisions with direct relevance to those practising in rural areas. NPPF 55: Braintree BC v SSCLG [2018] EWCA Civ 610 Local
More informationSECTION 106 AND CIL Andrew Parkinson
SECTION 106 AND CIL Andrew Parkinson 1 Overview This talk will cover the following topics: Modification and discharge under s.106a TCPA 1990 The difference in approach to affordable housing ( AH ) obligations
More informationEIA CASE LAW UPDATE. Andrew Byass
EIA CASE LAW UPDATE Andrew Byass Themes The standard of review Screening decisions: split development Screening decisions: cumulative effects Planning enforcement / retrospective permission HS2 (briefly)
More informationPUBLIC LAW CHALLENGES TO PLANNING OBLIGATIONS Guy Williams
PUBLIC LAW CHALLENGES TO PLANNING OBLIGATIONS Guy Williams Introduction 1. This seminar is deliberately limited in its scope to focus on the availability and scope of public law challenges to the enforcement
More informationDoncaster Metropolitan Borough Council. Planning Enforcement Policy
Doncaster Metropolitan Borough Council Planning Enforcement Policy 1 April 2015 Contents Page 1. What is planning enforcement? 3 2. Planning enforcement the principles, our policy and expediency explained
More informationFEDERAL CAPITAL TERRITORY ABUJA AREA COURTS (REPEAL AND ENACTMENT) ACT, 2010
FEDERAL CAPITAL TERRITORY ABUJA AREA COURTS (REPEAL AND ENACTMENT) ACT, 2010 EXPLANATORY MEMORANDUM This Act repeals the Area Courts Act, Cap. 477, Laws of the Federal Capital Territory Abuja, 2006 and
More informationPolice complaints. Statistics for England and Wales 2015/16
Police complaints Statistics for England and Wales 2015/16 Acknowledgements The IPCC would like to thank staff from police force professional standards departments across England and Wales and their IT
More informationB e f o r e : LORD JUSTICE AULD LORD JUSTICE WARD and LORD JUSTICE ROBERT WALKER
Neutral Citation No: [2002] EWCA Civ 44 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM QUEEN'S BENCH DIVISION B e f o r e : Case No. 2001/0437 Royal Courts of Justice
More informationTown and Country Planning Act Town and Country Planning (Development Management Procedure) (England) Order 2015
Town and Country Planning Act 1990 Town and Country Planning (Development Management Procedure) (England) Order 2015 Part 1 - Particulars of Application Application Number: 13/0753 Outline Planning Permission
More informationFROM THE CIRCUIT COURT OF ARLINGTON COUNTY Joanne F. Alper, Judge. This appeal arises from a petition for certiorari
Present: All the Justices MANUEL E. GOYONAGA, ET AL. OPINION BY v. Record No. 070229 JUSTICE LAWRENCE L. KOONTZ, JR. February 29, 2008 BOARD OF ZONING APPEALS FOR THE CITY OF FALLS CHURCH FROM THE CIRCUIT
More informationENFORCEMENT ACTION AGAINST UNLAWFUL DEVELOPMENT BY GYPSIES
ENFORCEMENT ACTION AGAINST UNLAWFUL DEVELOPMENT BY GYPSIES Richard Langham, Barrister, Landmark Chambers Introduction 1. In discussing enforcement powers it is important to distinguish those cases where
More informationRegisters Direct - Land Register: View Title
Registers Direct - Land Register: View Title DMB84762 Page 1 of2 REGISTERS OF SCOTLAND Registers Direct - Land Register: View Title DMB84762 Search Summary Date: 24/03/2014 Time: 17:06:17 Search No. 2014-00909100
More informationPlanning Enforcement in Wales Unauthorised buildings in the countryside & impact on protected species Case 1
Planning Enforcement in Wales Unauthorised buildings in the countryside & impact on protected species Case 1 Jonathan Parsons Development Control Team Leader 1 Background Unauthorised structure Site located
More informationJUDGMENT ON AN AGREED OUTCOME
SOLICITORS DISCIPLINARY TRIBUNAL IN THE MATTER OF THE SOLICITORS ACT 1974 Case No. 11795-2018 BETWEEN: SOLICITORS REGULATION AUTHORITY Applicant and STEVEN EDWARD EVANS Respondent Before: Mr R. Nicholas
More informationWhat are we going to cover?
Bad Notice Day What are we going to cover? The purpose of enforcement Duty of Inspector Powers of correction Nullities what are they? Nullities how to avoid them Invalidity (What( What can and can t t
More informationRTPI South West Planning Law Update with Burges Salmon 17 October 2018 Cathryn Tracey Stephen Humphreys
RTPI South West Planning Law Update with Burges Salmon 17 October 2018 Cathryn Tracey Stephen Humphreys Conditions and s106 agreements Stephen Humphreys Planning conditions: new 2018 regulations The Neighbourhood
More informationIMMIGRATION APPEAL TRIBUNAL
MM (Certificate & remittal, jurisdiction) Lebanon [2005] UKIAT 00027 IMMIGRATION APPEAL TRIBUNAL Date: 19 January 2005 Determination delivered orally at Hearing Date Determination notified:...31/012005...
More informationRecent Developments in Case Law. Presented by Hashi Mohamed RTPI South East May 2018
Recent Developments in Case Law Presented by Hashi Mohamed RTPI South East May 2018 Introduction Overview Case law updates always a problem; never comprehensive enough Many filters; and we do not always
More informationGuidance on Conducting Litigation
CURRENT GUIDANCE Guidance on Conducting Litigation Introduction 1. This guidance document is for barristers, users of barristers services and others who wish to understand: the BSB s view on the activities
More informationAuthority: Item 8, Planning Committee Report (PED10115(a)) CM: November 30, 2011
Authority: Item 8, Planning Committee Report 11-021 (PED10115(a)) CM: November 30, 2011 Bill No. 285 CITY OF HAMILTON BY-LAW NO. 11-285 NOISE CONTROL BY-LAW Being a by-law to regulate noise CONSOLIDATION
More informationCOSTS IN THE FIRST-TIER AND UPPER TRIBUNALS: DOES THE REGIME PROMOTE ACCESS TO JUSTICE?
COSTS IN THE FIRST-TIER AND UPPER TRIBUNALS: DOES THE REGIME PROMOTE ACCESS TO JUSTICE? I. INTRODUCTION 1. Characteristics of tribunal proceedings: (iii) (iv) (v) Intended to provide speedy, inexpensive
More informationThe Pinsent Masons Planning Toolkit Series
Update April 2008 The Pinsent Masons Planning Toolkit Series Part 2 - Getting on Site Minor modifications, reserved matters and lawful commencement of development Minor Modifications The Current Position
More informationBefore : MR JUSTICE DOVE Between :
Neutral Citation Number: [2018] EWHC 1933 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/5876/2017 Royal Courts of Justice Strand, London, WC2A 2LL Date: 25/07/2018
More informationJUDGEMENT CASE NO. 191/2015
IN THE INDUSTRIAL COURT OF SWAZILAND In the matter between:- JUDGEMENT CASE NO. 191/2015 HERBERT MTHUNZI DLAMINI APPLICANT AND CHAIRMAN OF THE CIVIL SERVICE COMMISSION MINISTRY OF AGRICULTURE THE ATTORNEY
More informationTHE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE SHAERF. Between THE SECRETARY OF STATE FOR THE HOME DEPARTMENT. and
Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 8 September 2017 On 26 September 2017 Before DEPUTY UPPER TRIBUNAL JUDGE SHAERF
More informationIN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT NO. 60 OF 2000 AND
REPUBLIC OF TRINIDAD AND TOBAGO CV2013-004233 IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT NO. 60 OF 2000 AND IN THE MATTER OF THE TOWN AND COUNTRY PLANNING ACT CHAPTER 35:01 AND
More informationSOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:
The Tribunal s Order is subject to appeal to the High Court (Administrative Court) by the Respondent. The Order remains in force pending the High Court s decision on the appeal. SOLICITORS DISCIPLINARY
More informationA2 self-employed workers and social welfare rights - Solovastru v Minister for Social and Family Affairs
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins September, 2011 A2 self-employed workers and social welfare rights - Solovastru v Minister for Social and Family Affairs Mel Cousins,
More informationSTATE OF VERMONT ENVIRONMENTAL COURT } } } } } Decision and Order
Appeal of Gary Martin STATE OF VERMONT ENVIRONMENTAL COURT & Town of Shrewsbury v Gary Martin Docket No. 249-11-02 Vtec Docket No. 21-2-03 Vtec Decision and Order In Docket No. 249-11-02 Vtec Appellant
More informationSOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:
SOLICITORS DISCIPLINARY TRIBUNAL IN THE MATTER OF THE SOLICITORS ACT 1974 Case No. 10895-2011 BETWEEN: SOLICITORS REGULATION AUTHORITY Applicant and ADEYINKA ABIMBOLA ADENIRAN Respondent Before: Mrs J.
More informationIrish Environmental Law Association
Irish Environmental Law Association Judgements of the Superior Courts in the period from April 13 th to July 13 th 2010 Niall Handy B.L. Kildare County Council v John Byrne and Maree Byrne, 2009/29CA Judgment
More informationBefore: LORD JUSTICE SULLIVAN LADY JUSTICE GLOSTER and LORD JUSTICE VOS Between:
Annex 1 Neutral Citation Number: [2014] EWCA Civ 1539 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION ADMINISTRATIVE COURT MRS JUSTICE LANG CO/6859/2013
More informationCastle Debate Climate Change Litigation Richard Wald Barrister 39 Essex Chambers
Castle Debate Climate Change Litigation 03 012 18 Richard Wald Barrister 39 Essex Chambers Topics 9 Examples of climate change litigation in the UK How to access the courts in such cases? Is litigation
More informationCourt of Appeal rules that profit costs are due under CFA taken out whilst legal aid funding was in place
Court of Appeal rules that profit costs are due under CFA taken out whilst legal aid funding was in place Hyde v. Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399 Article by David Bowden Executive
More informationJUDGMENT. R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent)
Trinity Term [2013] UKSC 49 On appeal from: [2012] EWCA Civ 1383 JUDGMENT R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) before Lord Neuberger,
More informationBefore : LORD CHIEF JUSTICE OF ENGLAND AND WALES
Neutral Citation Number: [2014] EWCA Crim 1570 IN THE COURT OF APPEAL (CRIMINAL DIVISION) Royal Courts of Justice Strand, London, WC2A 2LL Before : Date: 23/07/2014 LORD CHIEF JUSTICE OF ENGLAND AND WALES
More informationREFERENCE OFFER SUBJECT TO CONTRACT PART II CO-MINGLING CONTENTS
PART II CO-MINGLING CONTENTS 1 Definitions 2 General 3 Forecasts Co-mingling 4. Advance Point of Presence Ordering 5. Co-mingling orders 6. Works 7. Licence completion 8. Title 9. No possession 10. Termination
More informationCAYMAN ISLANDS. Supplement No.9 published with Extraordinary Gazette No. 45 of 31st May, DEVELOPMENT AND PLANNING LAW.
CAYMAN ISLANDS Supplement No.9 published with Extraordinary Gazette No. 45 of 31st May, 2017. DEVELOPMENT AND PLANNING LAW (2017 Revision) Law 28 of 1971 consolidated with Laws 13 of 1974, 2 of 1975, 16
More informationDOCUMENT. A Disciplinary Procedure for dealing internally with complaints against members.
Tel 01886 812943 Fax 01886 812935 Email info@ngcaa.co.uk Website www.ngcaa.co.uk DOCUMENT Title: Disciplinary Codes & Procedures A Disciplinary Procedure for dealing internally with complaints against
More informationCHAPTER 9.09 MINERALS (EXPLORATION AND EXPLOITATION) ORDINANCE and Subsidiary Legislation
TURKS AND CHAPTER 9.09 MINERALS (EXPLORATION AND EXPLOITATION) ORDINANCE and Subsidiary Legislation Revised Edition showing the law as at 31 August 2009 This is a revised edition of the law, prepared by
More informationIMMIGRATION APPEAL TRIBUNAL. Before : Mr J Barnes (Chairman) Professor B L Gomes Da Costa JP SECRETARY OF STATE FOR THE HOME DEPARTMENT.
jh Heard at Field House KV (Country Information - Jeyachandran - Risk on Return) Sri Lanka [2004] UKIAT 00012 On 15 January 2004 Dictated 16 January 2004 IMMIGRATION APPEAL TRIBUNAL notified: 2004... Date
More informationProcedures and information removed from 2014 Enforcement Plan Updated February 2016
Procedures and information removed from 2014 Enforcement Plan Updated February 2016 This information was correct at time of publication but please refer to legislation and government guidance for clarification
More informationSample. Naming Rights Agreement. Rev. April 3, 2014
Naming Rights Agreement Rev. April 3, 2014 ROCKINGHAM COUNTY FAIRGROUNDS BUILDING NAMING RIGHTS HARRISONBURG, VIRGINIA The Rockingham County Fair Association (Fair) and (Vendor), enter into this Naming
More informationRules for Disciplinary Procedures Season 2017
Rules for Disciplinary Procedures Season 2017 (As at 17 th Feb 2017) 1 GENERAL PROVISIONS... 3 1.1 JURISDICTION... 4 1.2 POWERS OF ADJOURNMENT AND ATTENDANCE OF CITED PARTY.. 4 1.3 POWERS OF COMMITTEES..
More informationTOWN OF MARKHAM ONTARIO
TOWN OF MARKHAM ONTARIO SITE PLAN CONTROL BY-LAW NO.262-94 This By-law is printed under and by authority of the Council of the Town of Markham (Consolidated for convenience only to June, 2009) (Schedule/Attachment
More informationPART I CONSTRUCTION, APPLICATION AND INTERPRETATION PART III DISCIPLINE, DISMISSAL AND REMOVAL FROM OFFICE
STATUTES CONTENTS STATUTE I INTERPRETATION AND GENERAL STATUTE II MEMBERSHIP STATUTE III THE CHANCELLOR AND PRO-CHANCELLORS STATUTE IV THE CHAIR OF THE COUNCIL STATUTE V THE PRESIDENT AND VICE-CHANCELLOR
More informationBUILDING PERMIT ORDINANCE TOWN OF WOODSTOCK
BUILDING PERMIT ORDINANCE TOWN OF WOODSTOCK Approved March 29, 2004 Amended March 27, 2006 Amended March 31, 2008 Amended March 30, 2009 1 Town of Woodstock, Maine BUILDING PERMIT ORDINANCE CONTENTS Section
More informationRULES FOR OWNER BUILDER S EXEMPTION FROM NHBRC LAWS
1 // 4 RULES FOR OWNER BUILDER S EXEMPTION FROM NHBRC LAWS Ruiters v Minister of Human Settlements and Another (13669/14) [2015] ZAWCHC 107 (12 August 2015) The dispute in this matter dealt with the NHBRC's
More informationDISCIPLINARY PROCEDURE FOR TEACHING STAFF AT LOCALLY MANAGED SCHOOLS
LONDON BOROUGH OF BARKING AND DAGENHAM DEPARTMENT OF EDUCATION, ARTS AND LIBRARIES DISCIPLINARY PROCEDURE FOR TEACHING STAFF AT LOCALLY MANAGED SCHOOLS Department of Education, Arts and Libraries Town
More informationJudgment Approved by the court for handing down
Neutral Citation Number: [2014] EWHC 2759 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT PLANNING COURT Case No: CO/11729/2013 Royal Courts of Justice Strand, London,
More informationlocal government unit in Commonwealth Court to invalidate or enjoin the enforcement of an
FIFTH ANNUAL REPORT OF THE ATTORNEY GENERAL TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 318 OF ACT 38 OF 2005 ACRE AGRICULTURE, COMMUNITIES AND RURAL ENVIRONMENT November 10, 2010 TOM CORBETT Attorney
More informationAND ENACTMENT) ACT, 2010
FEDERAL CAPITAL TERRITORY AND ENACTMENT) ACT, 2010 AHUJA AREA COURTS (REPEAL EXPLANATORY MEMORANDUM This Act repeals the Area Courts Act, Cap. 477, Laws of the Federal Capital Territory Abuja, 2006 and
More informationTribunal By-Laws In effect as of May 26, 2014
Tribunal By-Laws In effect as of May 26, 2014 Part 1 Jurisdiction and Establishment of Tribunals 1. Adoption of By-law 1.1 This By-law comes into operation on 26/5/2014 and is binding on all members of
More information(b) The test is that for summary judgment under CPR Part 24.
Late amendments and amendments after the expiry of the limitation period Whether a party obtains permission to amend can make or break a case. Litigants seeking to amend very late and/or after the expiry
More information[Paper prepared for IBA Conference in Prague September 2005] Mediation The framework in England and Wales
jonlang.com jl@jonlang.com Mediation The framework in England and Wales Mediator Introduction On 26 April 1999, the conduct of civil litigation was significantly changed with the introduction of the Civil
More informationTHE IMMIGRATION (AMENDMENT)(NO. 2 ) LAW,
CAYMAN ISLANDS Supplement No.2 published with Extraordinary Gazette No. 85 dated 25th October, 2013. THE IMMIGRATION (AMENDMENT)(NO. 2 ) LAW, 2013 (LAW 23 OF 2013) 2 THE IMMIGRATION (AMENDMENT) (NO. 2)
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ALBERT C. PADGETT, Plaintiff-Appellant, UNPUBLISHED December 9, 2003 v Nos. 236458; 236459 Mason Circuit Court MASON COUNTY ZONING COMMISSION, LC No. 01-000014-AS and
More informationBy-Law No. 2: Waterways, Land and Works Protection and Management
By-Law No. 2: Waterways, Land and Works Protection and Management This By-Law is made by Melbourne Water Corporation pursuant to its powers as a Water Authority under the Water Act 1989. Table of Provisions
More informationPLANNING AND BUILDING (JERSEY) LAW 2002
PLANNING AND BUILDING (JERSEY) LAW 2002 Revised Edition Showing the law as at 1 January 2008 (reissued 1 April 2009) This is a revised edition of the law Planning and Building (Jersey) Law 2002 Arrangement
More informationTHE SUPREME COURT OF NEW HAMPSHIRE. MELVIN SEVERANCE, III & a. TOWN OF EPSOM. Argued: October 11, 2006 Opinion Issued: May 1, 2007
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationSummary of the Appeal Judgment in the case. The Prosecutor vs Jean-Pierre Bemba Gombo. Read by Presiding Judge Christine Van den Wyngaert,
Summary of the Appeal Judgment in the case The Prosecutor vs Jean-Pierre Bemba Gombo Read by Presiding Judge Christine Van den Wyngaert, The Hague, 8 June 2018 1. The Appeals Chamber is delivering today
More informationPROCEDURAL UPDATE. Richard Moules. Landmark Chambers
LANDMARK SEMINAR 19 October 2010 HIGH COURT PLANNING CHALLENGES PROCEDURAL UPDATE Richard Moules Landmark Chambers 1. The purpose of this talk is to consider recent developments in procedure in the last
More informationENGLAND BOXING DISCIPLINARY PROCEDURE
ENGLAND BOXING DISCIPLINARY PROCEDURE DEFINITIONS Code: EB: EB Committee: EB Officer: Procedure: the England Boxing Code of Conduct; England Boxing Limited (RCN: 02817909) whose registered office is The
More informationNOVA SCOTIA COURT OF APPEAL Citation: Annapolis County (Municipality) v. Heritage Wooden Shingles, 2016 NSCA 58
NOVA SCOTIA COURT OF APPEAL Citation: Annapolis County (Municipality) v. Heritage Wooden Shingles, 2016 NSCA 58 Between: Date: 20160721 Docket: CA 443074 Registry: Halifax Municipality of the County of
More informationAdjudication in a new landscape
Adjudication in a new landscape Charles Auld, St John s Chambers Published on 13 th March 2014 Introduction 1. Under the Land Registration Act 1925 disputes were referred to the Solicitor to HM Land Registry.
More informationBefore: THE HONOURABLE MR JUSTICE BARLING (President) LORD CARLILE OF BERRIEW QC SHEILA HEWITT. Sitting as a Tribunal in England and Wales BAA LIMITED
Neutral citation [2010] CAT 9 IN THE COMPETITION APPEAL TRIBUNAL Case Number: 1110/6/8/09 Victoria House Bloomsbury Place London WC1A 2EB 25 February 2010 Before: THE HONOURABLE MR JUSTICE BARLING (President)
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 16 July 2018 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of registrant: NMC PIN: Part(s) of the register:
More informationCanterbury & District Soccer Football Association Incorporated. Judiciary Disciplinary & Appeals Regulations 2017 (Version 1 19 th December 2016)
Canterbury & District Soccer Football Association Incorporated. Judiciary Disciplinary & Appeals Regulations 2017 (Version 1 19 th December 2016) 1 Contents 1. INTRODUCTION... 5 2. CORRESPONDENCE, PRESCRIBED
More informationBefore: LORD JUSTICE SULLIVAN LORD JUSTICE TOMLINSON and LORD JUSTICE LEWISON Between:
Neutral Citation Number: [2014] EWCA Civ 1386 Case No: C1/2014/2773, 2756 and 2874 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION PLANNING COURT
More informationGuidance Note for CLA members
Guidance Note for CLA members Horses and Planning England and Wales Date: 20 May 2015 CLA Guidance Note Reference: GN25-15 (This guidance note replaces GN05-13 which should be deleted from your files)
More informationBefore: MR JUSTICE EDWARDS-STUART Between:
Neutral Citation Number: [2011] EWHC 3313 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/7435/2011 Royal Courts of Justice Strand, London, WC2A 2LL Date: 13/12/2011
More informationUpdate. Local Government. Local Authorities, Politics and Bias
Update September 2006 Local Government Local Authorities, Politics and Bias Should be pretty simple really, spotting bias. I mean if there's a council meeting on a controversial issue and a councillor
More informationAS TO THE ADMISSIBILITY. Application No /84 by R. and W. HOWARD against the United Kingdom
AS TO THE ADMISSIBILITY Application No. 10825/84 by R. and W. HOWARD against the United Kingdom The European Commission of Human Rights sitting in private on 16 July 1987, the following members being present:
More informationH. CURTISS MARTIN, ET AL. OPINION BY v. Record No JUSTICE ELIZABETH A. McCLANAHAN JUNE 6, 2013 CITY OF ALEXANDRIA, ET AL.
PRESENT: All the Justices H. CURTISS MARTIN, ET AL. OPINION BY v. Record No. 121526 JUSTICE ELIZABETH A. McCLANAHAN JUNE 6, 2013 CITY OF ALEXANDRIA, ET AL. FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA
More information