News and Resources
Below is a selection of news items, case notes, articles, books and papers authored by members of Chambers.
There is also a separate Archive of Inspector’s Reports in respect of applications to register new town or village greens.
The two joined cases, Crondall Parish Council v Secretary of State and Others (CO/3900/2018) and Canterbury City Council v Secretary of State (CO/3625/2018) are important for four reasons. First Crondall Parish Council was granted Aarhus costs protection by John Howell QC sitting as a deputy High Court Judge in a carefully reasoned judgement. Second Mr Justice Dove applied the approach of the European Court of Justice set out in Case C-323/17 People Over Wind rather than that of the Court of Appeal in Smyth (endorsing the Hart approach), to the relevance of mitigation to screening decisions about appropriate assessment (AA) in relation to Habitats and Birds Directive special protection sites. Third the same principle may well apply to screening decisions about EIA. Fourth the judge emphasised that the exercise of Champion discretion not to quash for justiciable errors did not permit courts to make their own planning judgements or strike new planning balances. Read more
Planning permission has been refused for a residential development of up to 370 dwellings on the edge of Thornbury in South Gloucestershire. The inquiry raised a number of interesting points including the approach to prematurity, locational sustainability, harm to designated and non-designated heritage assets, and the approach to take to the tilted balance in circumstances where South Gloucestershire Council was updating its plan and therefore relying on local housing need. Read more
The Court of Appeal has given useful guidance as to what constitutes a trigger event for the purposes of the Commons Act 2006. It rejected the narrow approach of the registration authority which had argued that “potential” in “identified for potential development” did no more than reflect the fact that a development plan could not compel the development of a particular piece of land. The Court did however recognise that prima facie identification of land for potential development could be contradicted by countervailing policies elsewhere in the plan. Read more
The appeal has just been heard relating to a redevelopment proposal at Pampisford Industrial Estate on a part of the historically contaminated site formerly owned by Eastern Counties Leather, the defendants in the nuisance proceedings brought by Cambridge Water which went all the way to the House of Lords in the 1990s, Cambridge Water Ltd v. Eastern Counties Leather plc  2 AC 264. Read more
Following a three week public inquiry, the Calverley Square Compulsory Purchase Order has been confirmed without amendment. The CPO was made under section 226(1)(a) of the Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 by Tunbridge Wells Borough Council. Read more
Mrs Justice Farbey, sitting in the Administrative Court, has dismissed a renewed application for a Costs Capping Order ("CCO") pursuant to section 88 of the Criminal Justice and Courts Act 2015 and has ordered We Love Hackney Limited ("WLH") to pay security for costs in the sum of £60,000 if it intends to proceed with its claim for judicial review Read more
The Heathrow Third Runway Litigation comprised five claims for judicial review challenging the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”). In four claims, the claimants comprised the London Borough of Hillingdon (in which Heathrow is situated) and four adjacent boroughs, the Mayor of London, several non-Government organisations dedicated to environmental causes (notably Greenpeace, Friends of the Earth and Plan B Earth) and one individual claimant (Mr Spurrier). They each opposed any expansion of Heathrow Read more
Paradise City has failed in its attempt to obtain an SEV ( sex encounter venue) licence for a site at premises that had previously been licensed as Legs 11 and traded from two sites in Birmingham: Broad Street and Ladywell Walk. Both licences were revoked in 2017 at the request of West Midlands Police following allegations of a catalogue of licence breaches (including the “no touching rule”), together with allegations of fraud committed against customers. It was also said that customers had been drugged and assaulted by door staff. Read more
The Court of Appeal has Upheld the Decision to Quash an Inspector’s Decision Based on His Misinterpretation of Permissively Worded Development Plan Policies
In Gladman Developments Ltd v Canterbury City Council  EWCA Civ 669 a strong Court of Appeal comprising the Master of the Rolls, Lindblom LJ and Floyd LJ, has upheld the decision of Dove J to quash the grant of planning permission for a housing development in Canterbury, on the basis of the Inspector’s misinterpretation of planning policy. Read more
The “Bermondsey Beer Mile” in the London Borough of Southwark has become famous, or infamous (depending on one’s perspective), for the number of micro-breweries and tap-rooms that have set up in recent years under the railway arches in Druid Street close to London Bridge station. It attracts groups of (mainly) men who sample their delights one after the other. Unsurprisingly, this has led to varying degrees of sobriety and drunkenness, usually good-humoured, but still impactful on the locality nonetheless. The residents who live in estates opposite the railway arches are, equally unsurprisingly, less enamoured. They have experienced the cumulative impact of this activity in the form of public nuisance, anti-social behaviour and general disturbance on a weekly basis. Read more