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Legal briefs: High Court quashes planning permission, minister caps fracking licence

Words: Roger Milne
Courtroom Gavel - legal changes that affect planners

A round-up of legal news this week: 27 September-3 October, 2014

Council misapplied material considerations to out of town retail scheme

The High Court has quashed the latest planning permission granted by the Forest of Dean District Council for an Asda superstore at an out-of-centre location in Cinderford. The case was brought by retailer the Co-op and is the latest twist in a long-running saga involving the planning authority and retail developments in the Gloucestershire town.

Law Blog 

Lisbellaw man jailed for six months for non-payment of fines

A County Fermanagh man has been jailed at Enniskillen Magistrates' Court for non-payment of four fines relating to non-compliance with a DoE Planning Enforcement Notice.


Minister caps Fermanagh fracking licence

Tamboran Resources, an Australian company that is currently the focus of anti-fracking protests in Fermanagh, is heading for the courts after NI trade minister Arlene Foster refused to extend the company’s licence to carry out exploratory drilling.

Belfast Telegraph 

Judge allows MoD to appeal wind turbine decision

A judge has cited compelling “national security reasons” after granting the Ministry of Defence the right to challenge planning permissions granted to erect two wind turbines near one of the RAF’s key defence radar systems in North Yorkshire.

The High Court challenge, brought by the MoD’s Defence Infrastructure Organisation arm, relates to two turbines under development on separate sites approved by East Riding of Yorkshire Council. The legal wrangle centres on the absence of planning conditions requiring the installation of computer software capable of distinguishing between airborne threats and the day-to-day operation of the turbines. 

The Scarborough News