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.
Skipton Properties appealed against Craven District Council’s insistence that 40% of the homes on a virtually completed estate, off Moorview Way, should be “affordable”. The appeal followed the successful high court judicial review brought by Skipton Properties against the Council’s “approach” to insist upon 40% levels of affordable housing on all sites. In March, the high court, quashed this approach holding that it was a planning policy which had been unlawfully adopted Read more
The Planning Inspectorate has made an order for costs against Gladman Developments Limited in favour of a rule 6 party, Grundon Waste Management Limited. The order has been made following a public inquiry into Gladman’s section 78 appeal against the refusal of planning permission for housing development on a site opposite an existing Grundon waste management facility in Bishop’s Cleeve, Gloucestershire (PINS Ref: APP/G1630/W/16/3149785). Read more
The Supreme Court is today hearing the appeal against the Court of Appeal's quashing of planning permission for major AONB development outside Dover ( EWCA Civ 936). The central issue is the standard of reasons in EIA cases, however the Court in granting permission indicated that is wishes to consider the source, nature and extent of a local planning authority's duty to give reasons generally. Read more
An inspector, reporting to Wokingham Borough Council, has recommended, following a lengthy public inquiry, the rejection of an application to register a large area of open land on the edge of Wokingham as a village green. The Inspector was not satisfied, having heard all of the evidence, that the use made of the land by local inhabitants was use for lawful sports and pastimes, as opposed to use akin to the use of public rights of way. The Inspector’s report sets out a useful analysis of the approach in law to the consideration of whether activity relied on amounts to lawful sports and pastimes. Read more
The High Court has revisited the limits of LPA’s powers to decline to determine planning applications where an existing enforcement notice is in place. In Deep Banghard v Bedford Borough Council  EWHC 2391 (Admin), Ms Nathalie Lieven QC, sitting as a Deputy High Court Judge, quashed the Council’s refusal to determine Mr Banghard’s planning application on the grounds that s. 70C was not engaged and, in any event, the Council’s decision was irrational. Read more
The High Court has ruled that costs representing the time spent by a local authority’s planning officers in assisting with the preparation of an Acknowledgement of Service in response to an application for permission to apply for judicial review can be recovered. The issue arose in the case of R (Ayres) v. Cotswold District Council (CO/2353/2017), in which the unsuccessful Claimant sought to challenge the quantum of the costs awarded in favour of the local planning authority at the ‘paper’ application stage. John Howell QC, sitting as a Deputy Judge of the High Court, upheld the earlier decision and made clear that recoverable costs were not limited to those incurred by solicitors and counsel. Read more
The “Clubs” volume of The Encyclopaedia of Forms and Precedents has just been re-issued by Lexis Nexis (volume 7, 2017). The updated work covers the law on members and proprietary clubs, club constitutions and rules, club property and employee issues and the impact of licensing and gambling laws. A series of Forms and Precedents are set out for use by clubs and their advisors. The work is authored by Gary Grant and Charles Streeten of FTB’s licensing team with the Rt Hon Lord Millett PC as Editor in Chief. Read more
FTB are delighted to announce that James Pereira QC has been appointed a Visiting Professor of Environmental Law at King’s College, London. James has been one of the part-time lecturers and examiners on the post-graduate Masters’ (LLM) course in EU Environmental Law for several years now, and his appointment is a result of that work. His full-time practice at the Bar is unaffected by this appointment. Read more
Transport for London has today refused to renew the operating licence for Uber London Limited (“ULL”), the UK off-shoot of the global “technology platform” Uber Technologies Inc. A dual licensing system exists in the capital. Only hackney carriages may stand and ply for hire. Other vehicles, known as private hire vehicles or “minicabs”, have to be booked through a licensed private hire operator, with the booking accepted at a London based operating centre. ULL was licensed by TfL as a London PHV operator in 2012, and that licence was used by Uber to launch in the capital, “onboarding” PHV drivers and vehicles who could be hired by customers using Uber’s App. Integral to the App’s operation is that the location of drivers and vehicles available for immediate hire is shown by icons on a map displayed on the smartphone of the user. Read more