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9 Feb 2010, 2:06 am by sally
Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another Court of Appeal “A local planning authority could not bring enforcement proceedings against the unlawful construction of a dwelling house on a farm in breach of planning permission which was granted for the purpose of erecting a barn. [read post]
9 Feb 2010, 12:42 am by Michael
” Giving judgment in Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Beesley [2010] EWCA Civ 26, Mummery LJ said Beesley told the council he proposed to build a new hay barn on the land, that no change of use was required and provision for sewage disposal was not needed. [read post]
3 Feb 2010, 11:37 pm
The advice by the Court of Appeal in their decision against the council in Welwyn Hatfield Council v Secretary of State for Communities and Local Government was that local planning authorities need to look carefully at the inside of buildings, not just at the exterior, when determining whether a building has been constructed and used in accordance with planning permission.In this fascinating case, the Court of Appeal allowed a landowner's appeal and held that the… [read post]
3 Feb 2010, 2:11 am by sally
Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19 “Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act… [read post]
30 Jan 2010, 5:24 am by sally
Court of Appeal (Criminal Division) Wilkinson, R v [2009] EWCA Crim 2733 (11 December 2009) Josephs, R v [2009] EWCA Crim 2800 (17 December 2009) Sheppard & Anor, R v [2010] EWCA Crim 65 (29 January 2010) C & Anor, R. v [2010] EWCA Crim 72 (29 January 2010) Court of Appeal (Civil Division) Akzo Nobel UK Ltd v Arista Tubes Ltd [2010] EWCA Civ 28 (29 January 2010) Parkwood Leisure Ltd v Mark Alemo-Herron & 23 Ors [2010] EWCA Civ 24… [read post]
13 Jul 2009, 3:29 pm
Comment As well as the view on Doherty, which is broadly in line with the limiting decisions in Doran, Central Bedfordshire v Taylor and McGlynn v Hatfield, and also follows the suggestion that period of occupation is the key ‘personal circumstance’, there is an important issue here on evidence of failure to take into account relevant considerations. [read post]
23 Jun 2009, 2:59 pm
Since then, the Court of Appeal has decided on Doran v Liverpool CC [2009] EWCA Civ 146 (our report) and McGlynn v Welwyn Hatfield BC [2009] EWCA Civ 285 (our report), further shaping the landscape. [read post]
1 Apr 2009, 4:35 pm
McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 was an appeal of a summary possession that had been stayed pending Doherty in the Lords. [read post]
30 Aug 2008, 11:57 pm
For the purpose of marketing, the USDA Agricultural Marketing Service issued a voluntary standard for grass (forage) fed marketing claims last year that states: “grass fed standard states that grass and/or forage shall be the feed source consumed for the lifetime of the ruminant animal, with the exception of milk consumed prior to weaning. [read post]
19 Jun 2008, 12:00 pm
Without preemption, however, state juries are asked to do just that. [read post]
15 Jun 2008, 4:13 pm
We are not the Hatfields and the McCoys.Occasionally, even the innovators can be pleased when the generics win a victory -- at least when the case doesn't involve intellectual property, but rather the preemption defense.On Friday, June 13, Perrigo Pharmaceuticals picked off a nice preemption victory in Gaeta v. [read post]