Latest news with #TownandCountryPlanningAct
Time of India
2 days ago
- Politics
- Time of India
SC adjourns ‘urgent' TCP case as Goa says counsel unavailable
Panaji: on Friday adjourned to July 21, state govt's special leave petition challenging the high court's verdict in the Section 17(2) matter after state informed SC that its counsel was not available. Tired of too many ads? go ad free now State govt filed the SLP challenging the HC's reading down of the Town and Country Planning Act's Section 17(2). When the appeal was called out on Friday before the SC's vacation bench, state informed the court that their counsel was not available, and the SC adjourned the case to July 21. State govt had specifically sought an urgent hearing before SC. The letter from the office of senior counsel Mukul Rohatgi on May 28 to the registrar seeking an urgent hearing said that the state would suffer irreparable harm and irreversible consequences if Section 17(2) is not implemented in accordance with the legislative framework, especially as the impugned decision directly affects the exercise of statutory powers and ongoing planning processes. 'Moreover, it is pertinent to mention that several cases pertaining to Section 17(2) are currently pending before the HC, and the impugned judgment will impact the outcome of those cases,' the letter said. State, in its petition before SC, said that the HC transgressed the power of the legislature by reading down Section 17(2) of the TCP Act, which restricts govt mechanisms to undo past errors in the regional plan efficiently. The petition filed in SC two months after the high court's order states that the constitutional validity of a provision cannot be decided on the basis of factual considerations. It said that the high court failed to appreciate that the challenge to the constitutional validity of the act and rules needed to be decided separately from the factual challenges contained in the PILs. The high court struck down the rules and guidelines of Section 17(2) on March 13 in 'public interest', but stayed the order for six weeks. The bench rejected the plea to declare Section 17(2) as unconstitutional, but made it clear that no applications for approvals under the section shall be considered.
Yahoo
4 days ago
- Business
- Yahoo
Park upgrade paid for with stashed cash
Thousands of pounds stashed in Dudley Council's coffers for years is to be spent on upgrades at a borough park. Work at King George V Park, Wordsley, will go ahead using £24,800 from property developers who agreed to pay for improvements in areas where they build homes. Dudley is to splash cash in the Lawnswood Road green space from agreements linked to applications approved as far back as May 2004. The deals, called planning obligations, are enforced under section 106 of the Town and Country Planning Act. Councillor Damian Corfield, Dudley cabinet member for neighbourhoods, said: 'Section 106 contributions are often multi-faceted with large sums allocated to many different projects. In this case we have held on to and combined several smaller elements of these S106 payments together to generate a significant total amount. 'That amount is now being used to fund this hugely beneficial project for the community in Wordsley, and an example of very smart use of section 106 money.' The park will get upgrades including resurfacing of the multi-use games area, the reinstatement of the bowling green and a revamp of the children's play area. The cash will come from four developments which were approved between 2004 and 2011. Latest figures published by Dudley Council show at the end of March 2024 a total of £2.8m of unspent S106 money was sitting in the authority's bank. In the financial year which ended on the same date the council's income from S106 payments was £61,580. In the same financial year the council spent £1.05m of S106 cash, mostly on education facilities while a further £956,810 had been allocated but not spent. Hoarding S106 funding is common practice for local authorities despite most agreements having a time limit which means the money has to be spent within a specific period or paid back to the developer. According to a report published by the Home Builders Federation (HBF) in autumn 2024, a total of around £6bn of unspent S106 cash was held by councils in England and Wales – with the average council holding £19m. The HBF is calling for greater transparency in local government about why spending is delayed and how long councils are holding on to cash for. Neil Jefferson, CEO at HBF, said: 'Each year developers contribute around £7 billion to local authorities for the provision of local infrastructure, affordable housing and education, recreational and health facilities but some councils are increasingly failing to invest this cash into the services that so desperately need it. 'Investment in new housing delivery brings unrivalled economic and social benefits to communities but too many of these advantages are going unseen by local people. With the government desperate to find money to invest in infrastructure to drive growth, it is nonsensical to have billions sat in council bank accounts. 'Furthermore, a lack of infrastructure provision is often cited as a reason to oppose development, yet this pipeline of billions of pounds of unspent infrastructure funding is too often underappreciated in debates about the impact of new development.'
Time of India
5 days ago
- Politics
- Time of India
HC transgressed power of legislature inreading down Sec 17(2): State SLP in SC
Panaji: The high court of Bombay at Goa transgressed the power of the legislature by reading down Section 17(2) of the Town and Country Planning Act, 1974, said state govt in its special leave petition (SLP) before the Supreme Court. State govt, which sought an interim stay on the judgment, also said that the high court's reading down of the provision restricts govt mechanisms to undo past errors in the regional plan efficiently. The petition in the top court, filed around two months after the high court's order, also states that the constitutional validity of a provision can't be decided on the basis of factual considerations. It said that the high court failed to appreciate that the challenge to the constitutional validity of the Act and rules needed to be decided separately from the factual challenges contained in the PILs. In its edition dated March 14, TOI reported that the high court struck down the rules and guidelines of Section 17 (2) in 'public interest', but stayed the operation of its order for six weeks. The bench, however, rejected the plea to declare Section 17(2) as unconstitutional, but made it clear that no applications for approvals under the section shall be considered. In the SLP, state govt said, 'The manner in which a piece of legislation is implemented or applied cannot be a ground to challenge the vires of the legislation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like People Born 1940-1975 With No Life Insurance Could Be Eligible For This Reassured Get Quote Undo Enactment of legislation is a legislative function; implementation of the legislation is an executive function, which the impugned order fails to recognise'. The SLP further states that 'the high court transgressed into the power of the other pillar of democracy, the legislature'. 'Every state legislative body has the power and authority to define the extent of public participation and the stage at which public comments may be invited. The TCP Act recognises that prior notification of changes and inviting public comments is not mandatory in all cases of change of plan. It is legislatively permissible to provide for post-change notification in a limited category of cases. ' State govt also said in its petition that the high court 'misinterpreted Section 17(2) to the extent that it read down the provision, thereby curtailing the functionality of the provision and actually narrowed down and complicated a valid and effective provision which harmonised and balanced the public interest and ecosystem sensitivity of the state of Goa with private interest'. 'The high court erred in relying on material pertaining to the processing of individual applications while testing the validity of Section 17(2), that too without actually considering the individual cases on their own merits and providing an opportunity of hearing to such parties. The impugned order, thus, is violative of the principles of natural justice,' the SLP said. The state also said that the high court, without any basis and without considering any of the individual cases, observed that almost all conversions under Section 17(2) are from paddy fields, natural cover, no development zone, and orchard to settlement zones, which has the effect of mutilating the regional plan. The PIL in the high court had challenged the constitutional validity of Section 17(2) and told the court that arbitrary conversions are leading to rampant and unbalanced development in Goa in favour of big builders as they uniformly involve permanent destruction of hill slopes, fields and natural cover (forest), are contrary to the interest of citizens, and incompatible with ecological requirements and resources of the state. The high court, in its 152-page order, said, 'We are satisfied that the manner in which the rules are framed and the circular issued is not in furtherance of a development in public interest by maintaining a balance between sustainable development viz-a-viz the environmental issues, but is concerned with the interest of private landowners.' However, in the SLP before the SC, state govt said that it is 'focused on driving sustainable development by integrating green initiatives such as the green lung concept into urban planning and implementation of eco cottages with a view to integrate thoughtfully-designed open spaces that support ecological balance'. It further stated that the high court completedly failed to appreciate that the guidelines which provided guidance as to the terms 'inadvertent error' and 'inconsistent and incoherent zoning proposals' in fact outlined the narrow scope within which Section 17(2) was to operate. '
Time of India
18-05-2025
- Politics
- Time of India
Goa govt challenges high court order on Sec 17(2) of TCP Act in Supreme Court
Panaji: Two months after the high court of Bombay at Goa struck down the rules and guidelines of the controversial Section 17 (2) of the Town and Country Planning Act , 1974, in 'public interest', state govt challenged the high court order in Supreme Court . 'After being entirely unclear of its proposed actions against the 17(2) judgment of the HC, Goa govt filed its SLP against the judgment this week,' Goa Foundation director Claude Alvares said. He said that as per govt's initial statements, the judgment was in its favour and there was no need to appeal. 'Now govt has once again changed its mind.' On May 2, TOI reported that the high court judgment became effective after the expiry of six weeks from the date of the verdict on March 13. After TCP minister Vishwajit Rane announced that state govt would not approach Supreme Court in the matter, all eyes were on govt's next move. The affected land developers were hopeful of some relief from the TCP department within the framework of the TCP Act. However, the greens are firm on fighting another legal battle to protect the environment. After the judgment was delivered on March 13, govt had sought a stay on the operation of the judgment for six weeks, which was accepted by the court. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 빠진 치아 있다면? 1개도 10개도 개당 33만원에 임플란트 해드려요 플란치과 더 알아보기 Undo 'Almost all the conversions are from paddy fields, natural cover, no-development zone, and orchard to settlement zones,' the HC said, adding that according to the state, 353 approvals under Section 17(2) were granted, affecting 26.5 lakh sqm. 'The 2023 rules confer unfettered and unguided authority on the executive to interpret what is meant by an inadvertent error or what is an inconsistent/incoherent zoning proposal,' the HC stated. 'There is no guidance in the 2023 rules themselves as to what is an 'inadvertent error or incoherent or inconsistent zoning proposal'. The power is open-ended.' Such 'plot-by-plot conversion, creating a zone within a zone virtually has the effect of mutilating the Regional Plan prepared after such an elaborate exercise,' the high court said. Two days after the HC struck down the rules and guidelines, Rane had said that govt would tweak the rules and guidelines in line with the HC directions and make Section 17(2) operational. Rane made a U-turn over his statement to challenge the HC order in Supreme Court and said that he would not do so.
Yahoo
17-05-2025
- General
- Yahoo
Bromley warning over new conservation area planning applications
A number of planning applications have been submitted for properties in conservation areas in Bromley. The proposed developments are in Chislehurst, Penge, and Petts Wood, and involve significant changes to the buildings. The applications have been submitted under various regulations, including the Town and Country Planning Act and the Planning (Listed Buildings and Conservation Areas) Act. In Chislehurst, a property at 23 Holbrook Lane is set to undergo substantial changes. The plans include the demolition of a conservatory, and converting a garage into a habitable room. Part one- and two-storey front and rear extensions are also proposed, along with a new hipped roof incorporating a loft conversion with two side and rear dormers. These changes fall within the Chislehurst Conservation Area, where any alterations should preserve or enhance the area's character or appearance. Also in Chislehurst, St Nicholas Lodge on St Pauls Cray Road is set for a single-storey side extension, replacement conservatory, and elevational alterations. Similar to the Holbrook Lane property, this falls within the Chislehurst Conservation Area. In Penge, a property at 147 Victor Road is seeking permission to replace its front timber door with a composite four-panel front door. This falls within the Alexandra Cottages Conservation Area. Back in Chislehurst, 13 Green Lane has submitted an application for the replacement of a demolished rear garage. The property is within the Chislehurst Conservation Area. Finally, in Petts Wood, 36 Birchwood Road is planning to demolish its garage and rear conservatory. The proposed construction of a single-storey rear extension, first-floor side and rear extension, and loft conversion including two rear roof dormers, seven roof lights, and elevational alterations falls within the Conservation Area. The planning department of Bromley has stated that as these are householder applications, in the event of an appeal against a refusal of planning permission, which is to be dealt with on the basis of written representations, any representations made about these applications will be sent to the Secretary of State with no further opportunity to comment at the appeal stage. Members of the public can view these applications and associated documentation at Observations should be submitted in writing to the Assistant Director of Planning at the Civic Centre within 21 days of the publication of the advertisement. Want to find out all the latest planning applications, alcohol licensing applications and planned road closures near you? Then search the Public Notice Portal. The Public Notice Portal is owned and operated by the News Media Association, the voice of UK national, regional, and local newspapers in all their print and digital forms. NMA members include nearly 900 local and regional news titles which reach 40 million people across the length and breadth of the country each month. Many of these publications have served their communities for centuries and remain the most reliable source of verified news and information. Created by local news publishers and supported by the Google News Initiative, the portal carries statutory public notices published in local newspapers and is the fastest and most effective way of finding out what is happening in YOUR neighbourhood. Public Notice Portal Find, save and share Public Notices that affect you in your local area
