Skip to main content

T: 020 7353 8415

Events

Chambers holds a rolling programme of events including seminars and breakfast briefings. They are directed towards professional clients and to relevant lay clients. FTB is a Law Society and Bar Standards Board accredited CPD provider. Seminars may qualify for CPD points under the rules of other professional governing bodies including the RTPI and RICS. For further information please contact Deirdre Mahon, Marketing Manager or one of our clerks - 020 7353 8415

Public footpath

Breakfast Briefing - Court of Appeal Decision Clarifying Scope of Principle of "Statutory Incompatibility"

In an important conjoined appeal (Lancashire CC v SSEFRA and Bebbington and Jones v NHS Property Services Ltd [2018] EWCA Civ 721 – judgment here) the Court of Appeal has clarified the scope of the principle of “statutory incompatibility”, derived from R (Newhaven Port and Properties Ltd) v East Sussex CC [2015] UKSC 7.

On that principal issue, Lindblom LJ (with whom Jackson and Thirlwall LJJ agreed) upheld the decision of Ouseley J in the Lancashire case that a school field could be registered notwithstanding that it was held for statutory purposes under, among other things, s.8 of the Education Act 1944 and s.14 of the Education Act 1996.  He held that those provisions were “general in their character and content” and did not give rise to the “inevitable clash” identified by the Supreme Court in Newhaven.  Lindblom LJ also observed that the principle “must … be exercised with care, and only when the need to do so truly arises” (para.36).  The corollary was that the Court allowed the appeal in the NHS case, finding – in disagreement with Gilbart J – that the relevant statutory provisions on health relied upon were also insufficiently specific in nature.

Lindblom LJ rejected the other issues of appeal or cross appeal in both cases, finding in particular:

  • That the inspector in the Lancashire case was entitled to conclude that the County Council had not demonstrated that it held the land for educational purposes;
  • That the effect of a boundary change in the locality relied upon in the 20 year period did not preclude reliance upon that locality for the purposes of registration;
  • That there was no requirement to show a "spread" of users throughout the locality;' and
  • That no common law duty to give reasons applied in the NHS case, where Surrey County Council had disagreed with its inspector's recommendation, that duty had been satisfied by the record in the minutes.

Douglas Edwards QC, Jeremy Pike (who appeared for Lancashire County Council) and Ned Westaway (who appeared for Janine Bebbington) will discuss the implications of this decision at the Briefing on 2 May 2018.

 Registration over coffee and croissants from 8.00am.  Briefing from 8.30-9.30am.

 

Venue: Francis Taylor Building, Inner Temple, London, EC4Y 7BY
Event Speakers: Douglas Edwards QC, Jeremy Pike, Ned Westaway
CPD: 1 point
Cost: There is no charge to attend but places must be reserved in advance Book now
Nightclub

Annual Licensing Seminar for Local Authorities

A full day seminar for Local Authorities licensing officers and laywers.  The full programme will be announced shortly.

Venue: Francis Taylor Building, Inner Temple, London, EC4Y 7BY
Event Speakers: To be announced.
CPD: 4.5
Cost: There is no charge to attend this event but places are limited and must be reserved in advance Book now
Countryside

Seminar: Air Pollution - Should Local Planning Authorities do More?

The Government’s latest attempt to meets its obligations in EU and domestic law in relation to air quality has failed. In the case of R (on the application of ClientEarth) v Secretary of State for Food, Environment and Rural Affairs (No.3) [2018] EWHC 315 (Admin), Garnham J held that DEFRA’s 2017 Air Quality Plan is unlawful in that it does not contain measures sufficient to ensure substantial compliance with Directive 2008/50/EC and the Air Quality Standards Regulations 2010 (2010/1001).
An administrative court in Leipzig has recently ruled in favour of upholding bans on heavily polluting vehicles in Stuttgart and Dusseldorf, two of the most polluted German cities, after appeals were lodged by the states of Baden-Württemberg and North Rhine-Westphalia. The Cities of Paris, Madrid, Mexico City and Athens are said to be planing to ban diesel vehicles from city centres by 2025, and it is reported that the mayor of Copenhagen wishes to ban diesel cars from entering the city as soon as next year.
Against this background there is increasing pressure on local planning authorities to deliver meaningful results in reducing air pollution. However, national policy remains unclear and the bounds of lawful policy and planning control not widely understood.
This seminar is for local planning authorities, in particular officers with responsibilities in plan making and decision taking; it aims to assist in formulating local plan policy and assessing development proposals. It seeks to answer the question that local planning authorities ought to be asking: should we be doing more?
Against the background of the ClientEarth litigation consideration will be given to:

  • Air quality and related environmental health policy formulation 
  • Limit values and objectives
  • Air quality management, monitoring and measurement
  • Supplementary Guidance
  • Pre-application discussions and design considerations
  • Air quality and related health impact assessments
  • Conditions and s106 obligations

The speakers will be Craig Howell Williams QC and Melissa Murphy of Francis Taylor Building and Professor Duncan Laxen of Air Quality Consultants.

The seminar is for local authorities only.

Venue: Francis Taylor Building, Inner Temple, London, EC4Y 7BY
Event Speakers: Craig Howell Williams QC, Melissa Murphy, Professor Duncan Laxen
CPD: 2 CPD Points
Cost: There is no charge to attend this event Book now Book now
Planning image

FTB Annual Planning Forum Birmingham, 18 June 2018

This half day afternoon seminar will provide an opportunity to be informed about and discuss the latest developments in planning with some of the leading barristers in the field. 
It will focus on key practical issues, providing a convenient way for busy solicitors, planning consultants and local authority officers to keep up to date and manage the implications of recent changes. 

Registration from 1.45pm.  Seminar from 2.00 - 5.30pm.  Drinks reception from 5.30-6.30pm.

Programme

The seminar will be chaired by Craig Howell Williams QC

  • The NPPF and proposed changes
  • Bias and members’ interests
  • Effective statement of reasons in planning cases
  • Break and refreshments
  • Case law update
  • CPO powers in planning cases
  • Current Green Belt issues

Q&A followed by drinks reception

Speakers include: Gregory Jones QC, James Pereira QC, Philip Petchey, Meyric Lewis, Jeremy Pike, Cain Ormondroyd, Sarah Sackman, Ned Westaway, Katherine Barnes

Venue: Macdonald Burlington Hotel, 126 New Street, Birmingham, B2 4QJ
Event Speakers: Craig Howell Williams QC, Gregory Jones QC, James Pereira QC, Philip Petchey, Meyric Lewis, Jeremy Pike, Cain Ormondroyd, Sarah Sackman, Ned Westaway, Katherine Barnes
CPD: 3 CPD Points
Cost: There is no charge to attend this event but places are limited and must be reserved in advance Book now