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Development Control Casebook: Appeal cases - Housing: New build - Housing supported on vacant employment site

28 May 2004

BAE Systems has secured permission for the residential redevelopment of a vacant factory site in Essex following the deputy prime minister's agreement that housing represented the best alternative use of the land.

Development Control Casebook: Court cases - Action upheld on unauthorised caravan site access

28 May 2004

The House of Lords has rejected a challenge to Mid Sussex District Council's decision to issue an enforcement notice against an unauthorised access serving a caravan site in West Sussex. The council's decision was upheld at appeal. Lord Justice Buxton agreed that the road onto which the access had been created was classified under the provisions of the Highways Act 1980. Consequently its construction involved a breach of control for which no permission had been obtained, he ruled.

Development Control Casebook: Court cases - Pergola judged not to create extra floorspace

28 May 2004

The High Court has rejected a challenge by Dacorum Borough Council against an inspector's decision to permit a pergola at a house in Berkhamsted, ruling that it did not involve an increase in floorspace for planning purposes.

Development Control Casebook: Court cases - Injunction issued against airport car parking

28 May 2004

Reigate and Banstead Borough Council has secured a High Court injunction against the owner of a grade II listed hotel in the metropolitan green belt who had continued to use it for car parking for travellers from Gatwick Airport.

Development Control Casebook: Court cases - Tribunal compensation figure ruled arbitrary

28 May 2004

The Court of Appeal has ruled that the Lands Tribunal was wrong to award only £487,000 in compensation to the owner of land in Llanelli town centre that had been compulsorily acquired by Carmarthenshire County Council for a bus depot.

Development Control Casebook: Court cases - Councillor exclusion from meeting ruled correct

28 May 2004

A hedgerow retention notice has been upheld in respect of a 94m stretch of hedgerow in Cornwall, with an inspector finding no exceptional circumstances to justify its removal.The House of Lords has upheld decisions by the lower courts in rejecting a claim from a North Yorkshire councillor that he had been unfairly barred from attending a county council meeting at which permission was granted for sand and gravel extraction near his home.

Development Control Casebook: Appeal cases - Transport - Heritage railway line held harmful to parkland

28 May 2004

The Royal Deeside Railway Preservation Society has failed in an attempt to reinstate a railway line and erect a station building on the banks of the River Dee in north-east Scotland, with a reporter concluding that it would involve the loss of semi-mature trees in a well-established public park.

Development Control Casebook: Appeal cases - Telecommunications - Mast ruled harmful to national park setting

28 May 2004

A proposal for a 12.5m high telecommunications mast overlooking Tenby in west Wales has been rejected because of its harmful impact on the setting of the nearby Pembrokeshire Coast national park.

Development Control Casebook: Appeal cases - Retail development - Sportswear sales rejected at industrial unit

28 May 2004

An enforcement notice requiring the cessation of retail sales from a general industrial building in Warwickshire has been upheld, with an inspector agreeing that the scheme was contrary to shopping policies.

Development Control Casebook: Appeal cases - Retail development - Pedestrian and cycle routes ruled essential

28 May 2004

Plans for a non-food retail warehousing scheme on the edge of a Suffolk town centre have been approved despite an inspector's view that unilateral undertakings submitted by the appellant would not secure a footpath and cycle routes to the central shopping area.

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