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Legal briefs: Appeal court rejects Elephant and Castle homes challenge; North-South interconnector decision challenged

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal news: 29 May-4 June, 2021

Appeal court rejects Elephant and Castle homes challenge

The Court of Appeal has rejected a challenge to the London Borough of Southwark’s approval of a major regeneration project at the Elephant and Castle.

The Planner

North-South interconnector decision challenged

A major cross-border electricity line was unilaterally approved in breach of the Good Friday Agreement, the High Court was told this week by counsel for a group of landowners who also claimed the decision to give the go-ahead for the North-South Interconnector breached Stormont's Ministerial Code. However, government lawyers have insisted that new legislation meant Infrastructure Minister Nichola Mallon had the legal power to authorise the project without taking it to her executive colleagues.

Irish News

Dublin 8 fast-track flats approval heads to EU court

Key legal issues surrounding a fast-tracked 416-dwelling ‘build-to-rent’ development proposed by US real estate group Hines and Dutch joint venture partners APG Asset Management and approved by An Bord Pleanála for the Bailey Gibson site off the South Circular Road in Dublin 8 have been referred to the Court of Justice for the European Union. This move follows a High Court challenge brought by residents against An Bord Pleanála’s decision. The judge rejected the challenge brought by residents under Irish law but decided that three questions relating to EU law should be sent to the Court of Justice of the European Union. These concern directives designed to ensure that development plans and regulations are subject to environmental assessment.

Irish Independent

Campaign group’s permitted development rights appeal allowed

The Court of Appeal has granted campaign group Rights: Community: Action (RCA) permission to appeal against the High Court’s dismissal of its challenge to big changes in permitted development rights.

Local Government Lawyer

Northamptonshire minerals enforcement notice ruling

The former Kettering Borough Council had the power to issue an enforcement notice even though some matters involved concerned the powers of the former Northamptonshire County Council, the High Court has found following a case involving a notice alleging unauthorised development on land at Desborough connected with the working, storage, and sale of minerals. Northamptonshire County Council was formerly the minerals authority, but it was abolished in April this year and replaced by two unitary authorities – North Northamptonshire, and West Northamptonshire.

Local Government Lawyer

London Borough of Lambeth wins CIL charge case

The London Borough of Lambeth has won a High Court case over the validity of notices to developers to pay the community infrastructure levy after a judge dismissed a developer’s arguments challenging the council’s authority to impose the charge.

Local Government Lawyer