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.
In The Shore v Secretary of State for Communities and Local Government and Southend on Sea Borough  EWHC 288 (Admin) Mr John Howell sitting as a Deputy high court judge held that an inspector had not erred in law in rejecting a planning appeal on noise grounds. The applicant for a residential car park for residential flats had submitted expert noise evidence and following the production of a technical note addressing concerned raised by the EHO had reached agreement with the Council’s EHO team that the level of noise general by cars entering and leaving the car park would not cause a significant noise disturbance. Members refused against officer advice. Upon appeal by written representations the council offered no expert noise evidence but argued that the cars would be cause disturbance because of the low frequency of use. In rejecting the challenge the judge held Read more
On 12 February 2018 the Secretary of State granted planning permission for residential development on land at Bersted, West Sussex. The development site comprises greenfield land outside of the existing settlement, lying within a designated Strategic Gap. The Secretary of State called the matter in for his own determination owing to a perceived conflict with the development plan, and in particular with policy in the recently adopted Neighbourhood Plan which protected the site from development. Read more
Mrs Justice Lang has granted leave for a Judicial Review by the Foxhill Residents Association challenging the decision of Bath and North East Somerset Council to grant planning permission for the redevelopment of Foxhill Estate in Bath and the provision of 700 new dwellings. The proposal will result in the complete demolition of the existing estate of 542 dwellings and the net loss of 204 units of social housing. Read more
Warwickshire County Council has resolved to reject an application to register as a town green a series of fields on the edge of Rugby, which are proposed to be developed as a series of new schools by the local education authority and by the Education Funding Agency. The Inspector appointed by the Commons Registration Authority, following a six day public inquiry, recommended that the application be rejected on the basis that the use of the land had not been as of right as a result principally of the presence of notices at the main access points into the land and as a result of the use of other access points to the land involving use of gaps in fences and by climbing a locked gate. The Inspector’s report contains a useful analysis of the approach to the interpretation and effect of notices. Read more
Enforcement Notice Issued by Westminster City Council Seeking to Return Hyde Park Executive Apartments, Inverness Terrace, Bayswater to use as a Hostel Quashed due to Obviously Flawed Allegation
The Secretary of State’s planning inspector has quashed an enforcement notice issued by Westminster City Council which sought to require 90 serviced apartments at 8-18 Inverness Terrace which are operating as an apart-hotel to be used as a hostel. The notice served by the Council alleged “an unauthorised material change of use of Inverness Terrace from a hostel or hostel-type accommodation serving a clientele seeking affordable living accommodation to use as serviced residential apartments operating on the open market, in effect a form of hotel use.” However Inverness Terrace also contained 32 separate long-stay units. These other units were not mentioned in the allegation of the breach of planning control. Despite this the Council maintained that the entire property was one single planning unit in mixed hotel/hostel use. Read more
FTB is delighted to announce that Horatio Waller has accepted an invitation to join Chambers. Horatio completed his pupillage under the supervision of Suzanne Ornsby QC, Douglas Edwards QC, Richard Honey, Melissa Murphy and Cain Ormondroyd. Horatio studied law (LLB) at Manchester, achieving a First Class and earning the highest mark of the year in 2011. He also has an LLM from Cambridge University. Prior to starting his pupillage, Horatio spent a year working at the Law Commission as a research assistant, four months working at a planning law firm as a para-legal and four months working as a stagiaire in the Court of Justice of the European Free Trade Association. Read more
The development was unique in being promoted as the first BREEAM Communities accredited scheme and was intended to be developed in line with garden village principles. However, the Council successfully argued that the development was in conflict with the development plan in bringing large scale development to an area not allocated for substantial growth. The development was located some distance away from facilities and would lead to increased car usage, also in conflict with the plan. The positives of the development were insufficient to outweigh this conflict. Read more
The Secretary of State for Transport has confirmed the Kent County Council (A28 Chart Road Improvement) (Compulsory Purchase) Order 2017. The Order allows the widening of the A28 Chart Road to a two lane dual carriageway with works to a number of roundabouts and junctions, and the construction of a new bridge over the London to Dover railway line. The scheme will assist the Chilmington Green development of almost 6,000 houses to proceed. The final outstanding objections to the Order, from Network Rail and Matalan, were withdrawn shortly before the scheduled start of the inquiry, allowing the inquiry to be cancelled. Richard Honey promoted the CPO for Kent CC instructed by Invicta Law. Read more
Important Judgment on Local Authorities’ Powers to Engage in Commercial Activity and Development Vehicles
This morning Ouseley J handed down judgment in a major case concerning local government development vehicles. The Claimant, a resident of Haringey, challenged the Council’s controversial decision to establish the Haringey Development Vehicle (HDV). The joint venture between the Council and Lendlease would be the largest local authority development vehicle of its kind. Read more
Delta Taxis wins battle to operate throughout Merseyside. The High Court has ruled that a policy requiring Private Hire Drivers to work “predominantly” in the area of the Knowsley licensing authority is unlawful. Read more