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25/01/2019

Legal briefs: Ireland’s climate change strategy under fire in court; Ruling on ‘aggrieved person’ in Aberdeenshire quarry wrangle

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal news: 19 January-25 January, 2019

Ireland’s climate change strategy under fire in court

Ireland’s actions are contributing to global warming to an unacceptable degree and the state’s national mitigation plan should be quashed, lawyers representing Friends of the Irish Environment have argued in the High Court this week.

Irish Times

Ruling on ‘aggrieved person’ in Aberdeenshire quarry wrangle

An agent acting on behalf of a landowner and a contractor in relation to proposed works at an Aberdeenshire quarry should be regarded as “aggrieved person” and therefore entitled to challenge a planning decision, a Court of Session judge has ruled.

Scottish Construction Now

Judges overturn government decision refusing development near Stirling

Senior judges at the Court of Session have overturned a Scottish government decision to uphold Stirling Council’s refusal of a 600-home development at Airthrey Kerse at Bridge of Allan.

BBC News

Limerick vacant site appeal success

Dunnes Stores has won a High Court order halting moves to place a closed shopping centre building in Limerick city centre on an official register for vacant sites. 

Irish Independent

Judicial review challenge over mayor’s call-in decision

The Royal Borough of Kensington & Chelsea is contesting the Mayor of London’s decision to call in plans for the redevelopment of the Kensington Forum Hotel with 340 serviced flats and 46 homes.

Local Government Lawyer

Aldi claims bias over Crewe proposal decision

Discount food retailer Aldi is challenging Cheshire East Council’s decision to refuse planning permission for a new store in Crewe, claiming that it was tainted by ‘apparent bias’.

Local Government Lawyer

CIL ruling over Shropshire house consent

The High Court has quashed a decision by a planning inspector involving planning permission for a new detached house at Ellsemere, Shropshire and the regulations on the Community Infrastructure Levy. 

No5 Chambers

Communities SoS in court over Purley development decision

A property developer is taking legal action against communities secretary James Brokenshire after he refused planning permission for a scheme involving a 17-storey tower block in Purley originally approved by the London Borough of Croydon.

Local Government Lawyer

Nurseries’ planning status under permitted development clarified

Nurseries are not the same as schools under planning legislation, the High Court has decided, after noting that some nurseries that were once part of schools might benefit from the general permitted development order and be allowed to make alternations without planning consent, but this did not apply generally.

Local Government Lawyer

Liverpool accepts Calderstones Park open land judgment

The Mayor of Liverpool has said the city council will accept a High Court ruling quashing its grant of planning permissions for a scheme at Calderstones Park involving the building on an area of open land some 39 new dwellings and the conversion of a historic house into 12 flats.

Local Government Lawyer

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