Victoria Geoghegan, President of the Planning Officers Society (S6 E2)
Decisions of the Week:
- Richards v Environment Agency  EWCA Civ 26 a decision of the Court of Appeal dated 17th January 2022 allowing an appeal & clarifying the proper approach to allegations that an environmental regulator, the EA, is acting in a way incompatible with Convention Rights based on Articles 2 & 8.
- R (oao SPVRG Ltd) v Pembs CC  EWHC 143 (Admin) a decision of Mrs Justice Steyn dated 7th January 2022, dismissing a challenge to the grant of a section 73 application relating to an established caravan park permission based on alleged defects in the officer’s report.
- Decision of an inspector dated 26th January 2022 dismissing an appeal against the refusal of Medway Council of an application for the erection of 72 C3 dwellings (18 x AH) & nursery associated highways and landscaping on arable fields, considered to be beyond a reasonable walking distance to services, limited public transport, harmful landscape impact but no 5 yr HLS.
- Decision of an inspector dated 26th January 2022 dismissing an appeal against the refusal of Doncaster Metropolitan BC to grant permission for a crematorium, memorial gardens & car parking in the Green Belt following an earlier beauty parade of 3 applications, assessing their effect on landscape character & appearance.