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14/05/2021

Legal briefs: Prison sentence handed out over East Cheshire caravan siting row; An Taisce criticised over Kilkenny cheese factory appeal

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal news: 8 May-14 May, 2021

Prison sentence handed out over East Cheshire caravan siting row

A man found to have committed contempt of court by locating caravans on a site in breach of a series of planning injunctions obtained by Cheshire East Borough Council has been handed an eight-month prison sentence, suspended for two years.

Local Government Lawyer

An Taisce criticised over Kilkenny cheese factory appeal

Four former Fine Gael ministers and two senators have criticised An Taisce  (Ireland’s National Trust) for appealing against the High Court’s decision to grant planning permission for a €140 million cheese manufacturing plant on the Kilkenny-Waterford border, saying the move “does not cast Ireland in a good light”. The conservation organisation is challenging the approval on the grounds that the new facility and the increased agricultural activity needed to support it would increase carbon emissions and damage water quality.

Irish Times

Key ruling on traveller injunctions highlights procedural abuses

A High Court judge has concluded that there have been “material and serious” breaches of procedure affecting a significant number of  local authority applications for interim orders when targeting unauthorised encampments on land. In a key ruling on so-called ‘Traveller injunctions' and 'persons unknown', Mr Justice Nicklin suspected numerous procedural breaches and highlighted abuse of court procedures. Thousands of sites were affected, he insisted.

Local Government Lawyer

Legal challenge over lack of Caerphilly waste project EIA

Judicial review proceedings have been launched against Caerphilly County Borough Council over its decision to give planning permission for a waste recycling plant without undertaking an environmental impact assessment. The case involves approval for a plant to be built at the Nine Mile Point Industrial Estate in Cwmfelinfach.

Local Government Lawyer

Latest twist in saga of St Anne’s Park fast-track flats

The High Court has overturned the latest planning permission for a controversial fast-tracked development of 657 apartments on lands near St Anne’s Park in Raheny. The development has so far clocked up four decisions of An Bord Pleanála and 10 sets of legal proceedings “and counting”, noted Mr Justice Richard Humphreys.

Irish Independent

Officials mull legal challenges to Dún Laoghaire-Rathdown fast-track approvals

Members of Dún Laoghaire-Rathdown Council have formally requested officials to see whether there are any legal grounds to contest recent fast-track approvals in the county. This move was triggered by An Bord Pleanála’s decision to give the go-ahead for a 102-flat scheme on St Michael’s Hospital car park, at Crofton Road in Dún Laoghaire.

Irish Times

County Cork flats go-ahead quashed

A residents’ group has won a High Court order overturning fast-track approval for a development of 123 flats in Ballincollig, County Cork.

Irish Times

Hillingdon Council challenges London mayor’s approval for Ickenham homes

West London’s Hillingdon Council has launched a judicial review challenge over the Mayor of London’s decision to approve proposals for 514 new homes on the former Master Brewer site in Ickenham.

Local Government Lawyer

Council anger over ‘manifestly excessive’ costs order

East Hertfordshire Council has expressed its anger after a judge awarded a couple what the local authority claimed were “manifestly excessive” costs in a planning case. The amount is believed to be £83,000. The case centred on allegations that the planning authority should have acted over what a couple claimed were planning breaches when a company named Connect Scaffolding was given permission to build offices next to their home. The case did not go to court as the council settled early.

Local Government Lawyer

Sefton MBC loses green belt Gypsy sites case

Sefton Metropolitan Borough Council has lost its legal action over a planning inspector’s decision to give permission for a change of use to allow six Gypsy pitches on a green belt site.

Local Government Lawyer

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