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Legal briefs: Question mark over Greenwich noise nuisance restriction; Royal council withdraws injunction over cycle café in Hurley

Words: Roger Milne
Scales of Justice / iStock: 155393832

A round-up of legal news: 23 November-29 November, 2019

Question mark over Greenwich noise nuisance restriction

The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development earmarked for a site next to an aggregate-handling wharf from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.

Local Government Lawyer

Royal council withdraws injunction over cycle café in Hurley

The Royal Borough of Windsor and Maidenhead has withdrawn its application for an injunction against the owner of a cycling café in Berkshire following enforcement action triggered by a complaint from a neighbour. The council dropped the legal action after a planning inspector concluded that it was lawful for the café to operate with ancillary workshop provisions.

Local Government Lawyer

Is deliverability a material consideration?

Whether or not a proposed development is capable of being delivered will not normally be a material consideration for the purposes of granting planning permission, the High Court in England has ruled. It followed a case involving developer Satnam Millenium Ltd, who was refused planning permission by Warrington Borough Council for a residential neighbourhood of up to 1,200 houses.

Pinsent Masons

Wokingham loses settlement policy challenge

Wokingham Borough Council has failed to persuade the Planning Court that a planning inspector, when granting permission for a 55-dwelling scheme, erred in affording significant rather than full weight to the conflict between the proposed development and policies in the development plan restricting development outside settlement limits.

Local Government Lawyer

Supreme Court Tadcaster test case over NPPF application

The Supreme Court is due this week to hear North Yorkshire County Council’s appeal over whether it misapplied part of the NPPF when considering mineral extraction in the green belt close to Samuel Smith’s brewery in Tadcaster.

Local Government Lawyer

Vale of White Horse boundary ruling

Vale of White Horse District Council had the right to correct an error on a map of green belt boundaries without going through a complete consultation on the matter, the High Court has ruled.

Local Government Lawyer

Irish government’s carbon-cutting strategy heads for Supreme Court

An environmental NGO wants the Supreme Court to hear its appeal against the High Court’s dismissal of its challenge against the Irish government’s plan to reduce carbon emissions and combat climate change. 

Irish Independent