Baroness Hale of Richmond, Former President of the Supreme Court (S4 E3)

Have We Got Planning News For You

Our Special Guest this week is Baroness Hale of Richmond DBE PC FBA, former President of the Supreme Court serving from 2017 until her retirement in 2020, and serves as a member of the House of Lords as a Lord Temporal.

Decisions of the Week:

• R (oaf Hudson) V Royal Borough of Windsor & Maidenhead, Legoland Windsor Park Ltd [2021] EWCA civ 592 a Court of Appeal decision dismissing an appeal against the decision of Lang J who had rejected a challenge to the Council’s decision to grant permission, contrary to the officer recommendation, for a holiday village in the GB at Legoland.
• Hertfordshire County Council v Secretary for State for HC&LG [2021] EWHC 1093 a High Court decision confirming that post 6 May 2021 LPAs in England have no powers under the 1972 LGA to meet remotely to determine planning applications & conduct other LG business.
• Decision of the Secretary of State dated 29th April 2021 allowing a recovered appeal against Swale Borough Council’s failure to determine a 2017 hybrid application for a residentially led mixed use scheme of up to 595 dwellings, on land largely allocated for development where no 5 yr HLS could be demonstrated. Swale sought conditions to secure a 50 % reduction in carbon emissions from C3 dwellings. A new link road was judged not to worsen air quality.
• Decision of an inspector dated 26th April 2021 allowing an appeal against the decision of Torbay Council to refuse outline permission for a mixed scheme of up to 373 C3,D1 & A3/A4 uses on land outside the established built up area, not identified in the Brixham Peninsula Neighbourhood Plan. Issues included impact on nearby setting of AONB, reduction of the gap between Galmpton & White Rock, South Hams SAC, setting of CAs. No 5 yr HLS, tilted balance engaged.