England and Wales Case Law

Fantasia Productions Ltd v London Borough of Redbridge

The burden of proof on the balance of probabilities lies on the defendant to show that permission was obtained from the owner or a person entitled to grant permission for the display of advertisements under section 224(3) of the Town and Country Planning Act 1990 and the 2007 Regulations, as this is a qualification within section 101 of the Magistrates' Court Act 1980, and the principle in O'Brien applies; this reverse burden is justified and proportionate under Article 6 ECHR.

Source excerpt

• Burden of proof
• Display of advertisements
• Town and country planning act 1990
• Deemed consent
• Reverse burden
• Human rights act 1998

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Fantasia Productions Ltd v London Borough of Redbridge

Fantasia Productions Ltd v London Borough of Redbridge [2026] EWHC 698 (Admin) (04 March 2026)

The High Court held that, for Class 3F advertisement offences, the defendant must prove on the balance of probabilities that permission from the site owner or other entitled person was obtained.

• Burden of proof
• Display of advertisements
• Town and country planning act 1990
• Reverse burden
• Deemed consent
• Human rights act 1998

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R v Joel Salem & Anor

The Court of Appeal upheld fines and costs for planning offences, finding the Crown Court had sentencing power and the awards were not manifestly excessive.

• Failure to comply with enforcement notice
• Sentencing powers
• Confiscation proceedings
• Costs orders
• Town and country planning act 1990
• Proceeds of crime act 2002

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Crest Nicholson Operations Ltd v Secretary of State for Housing, Communities and Local Government & Anor

Crest Nicholson Operations Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2194 (Admin) (22 August 2025)

The High Court dismissed Crest Nicholson’s statutory review challenge to planning approval subject to a water neutrality condition.

• Habitats regulations assessment
• Water neutrality
• Appropriate assessment
• Judicial review
• Planning permission conditions
• Statutory review

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Bellway Homes Ltd v Secretary of State for Housing, Communities and Local Government

Bellway Homes Ltd v Secretary of State for Housing, Communities and Local Government [2025] EWHC 1455 (Admin) (13 June 2025)

A planning judicial review challenging a refusal of permission failed. The High Court held that Policy 6 of the County Durham Plan did not require a rigid two-stage gateway analysis.

• Interpretation of development plan policy
• Sustainable development
• Town and country planning act 1990
• Policy 6 of county durham plan
• Planning appeals
• Planning-law

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Shaman, R (on the application of) v London Borough of Lambeth

Shaman, R (on the application of) v London Borough of Lambeth [2025] EWHC 1372 (Admin) (16 May 2025)

The High Court quashed Lambeth’s certificate for Brockwell Live 2025, holding the proposed temporary use of Brockwell Park would last 37 days and exceeded the 28-day limit.

• Certificate of lawfulness
• Permitted development rights
• Temporary use of land
• Town and country planning act 1990
• General permitted development order
• Judicial review

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Drayton Manor Farms Ltd v Stratford-Upon-Avon District Council

Drayton Manor Farms Ltd v Stratford-Upon-Avon District Council [2025] EWHC 775 (Admin) (06 March 2025)

The court held that a proposed 32MW solar farm was a separate generating station, not an extension of an existing 45MW solar farm, so no development consent was required.

• Nationally significant infrastructure projects (nsip)
• Planning act 2008
• Town and country planning act 1990
• Declaratory relief
• Solar farm development
• Development consent orders

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Paton & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor

Paton & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor [2025] EWHC 245 (Admin) (07 February 2025)

The High Court refused permission to appeal in a planning enforcement case, holding that ground (b) under section 174(2) TCPA 1990 covers breaches that had occurred, even if not ongoing.

• Enforcement notice
• Ground (b) appeal
• Statutory interpretation
• Town and country planning act 1990
• Operational development
• Planning-law

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Turner v Secretary of State for Levelling Up, Housing and Communities & Anor

Turner v Secretary of State for Levelling Up, Housing and Communities & Anor [2025] EWHC 343 (Admin) (28 January 2025)

The court granted permission to appeal on service and prejudice grounds in a planning enforcement case, but refused permission on the ground (b) interpretation issue.

• Enforcement notice
• Service of notice
• Grounds of appeal
• Town and country planning act 1990
• Procedural fairness
• Costs

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Amber Valley Borough Council v Haytop Country Park Limited

The Upper Tribunal allowed the Council’s appeal, restoring site licence conditions that limited the number of caravans and rejecting an FTT approach that undermined planning enforcement.

• Site licensing
• Planning enforcement
• Tree preservation orders
• Caravan sites and control of development act 1960
• Town and country planning act 1990
• Caravan-site-licensing

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