CASES
June 1, 2008
Planning
R. (North Devon District Council) v Secretary of State for Business Enterprise and Regulatory Reform [2008] EWHC 1700 Admin
Proper approach by SoS and Inspector to the application of policy in the context of noise and wind turbines; whether SoS properly applied policies on noise and on targets in respect of wind turbines; whether he
CASES
June 1, 2008
Planning, Public & Administrative Law
Small v North Somerset Council [2008] EWHC 2982 (Admin); [2008] All ER (D) 245
High Court challenge to the recently adopted North Somerset Local Plan, on the grounds that the gypsy policies did not accord with the Structure Plan, nor with government guidance.
CASES
June 1, 2008
Highways & Rights of Way, Public & Administrative Law, Real Estate
Odey v Barber [2008] Ch 175 (Siller J)
CASES
June 1, 2007
Licensing
Carmarthenshire County Council v Cooperative Group (CWS) Ltd & Tesco Stores [2007] LR 624
The company owning the alcohol and holding the premises licence can be liable for under-age sales of alcohol, but DPS and personal licence holders cannot be liable for the acts of others.
CASES
June 1, 2007
Licensing, Public & Administrative Law
Hereford County Council v Bostwick [2007] LR 729
The DPS was not criminally liable for under-age sales of alcohol made by his staff when he was not present at the premises. Despite his supervisory role no vicarious liability arose for sales made when he
CASES
June 1, 2006
Administrative Law, Planning
Hart District Council v Benford [2006] EWHC 240 (QB)
On the grant of injunctions under s187B Town & Country Planning Act 1990 where motocross racing, practising and testing is involved and whether such activities attract 14 or 28 day rights under the General Permitted Development
CASES
June 1, 2006
Administrative Law, Planning
R. (Port Regis School) v North Dorset District Council [2006] EWHC 742 (Admin)
On planning applications where Masonic activities are involved and two of the council determining the applications were Masons and whether there was apparent bias.
CASES
June 1, 2006
Administrative Law, Planning
East Dorset DC v Eaglebeam Ltd [2006] EWHC 2378 (QBD)
Regarding the grant of an injunction to stop an alleged statutory nuisance under the Environmental Protection Act 1990 and the operation of the legal defences to such an injunction application.
CASES
June 1, 2004
Highways & Rights of Way, Public & Administrative Law, Real Estate
Bakewell Management v Brandwood & Ors [2004] 2 ALL ER 305 (HL)
Whether a prescriptive right of way would be acquired by criminal acts contrary to s.193(6) Law of Property Act 1925.
CASES
June 1, 2004
Highways & Rights of Way, Real Estate
Sweet v Sommer & Neanor [2004] 4 All ER 288 cited in Gale on Easements (1st Supp 17th ed.)
Existence and scope of rights of way arising by necessity.
CASES
June 1, 2004
Licensing
London Borough of Haringey/Liverpool City Council v Marks and Spencer PLC/Somerfield Stores Ltd [2004] EWHC 1141 (QBD)
The owner of the business did not sell alcohol for the purposes of the Licensing Act 1964 (as amended) and could not be criminally liable for under-age sales made by staff at the premises.
CASES
June 1, 2003
Administrative Law, Planning
R. (Gloucestershire CC) v Keyway (Gloucester) Ltd [2003] EWHC 3012 Admin
Guidance given on what amounted to proper service of notices, including summonses, under s329 TCPA and s233 Local Government Act 1972.