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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.

Charles Streeten, planning barrister at Francis Taylor Building

High Court Rules Officer Time and Pre-Permission Costs Recoverable

The High Court (Supperstone J) has handed down judgment in R (Spragge) v Westminster City Council [2018] EWHC 2058 (Admin). Read more

Charles Streeten, planning barrister at Francis Taylor Building

High Court Rules Reasons Required When Discharging Conditions

High Court Rules Reasons Required When Discharging Conditions   Read more

Mark Westmoreland Smith, planning and environmental law barrister at Francis Taylor Building

High Court Refuses Permission to Challenge the International Advanced Manufacturing Park Area Action Plan by Way of Judicial Review

Sunderland City Council and South Tyneside Council are promoting a 150ha International Advanced Manufacturing Park (IAMP) for automotive suppliers on land adjacent to the Nissan manufacturing plant in Sunderland. Read more

Sarah Sackman, public, planning and environmental law barrister at Francis Taylor Building

High Court Quashes Decision to Downgrade Corby Urgent Care Centre

HHJ Jarman QC today handed down an important judgement quashing the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby. The Claimant, Lyn Buckingham, a local NHS healthcare campaigner, was successful on all of her grounds of Judicial Review. Read more

Mark Westmoreland Smith, planning and environmental law barrister at Francis Taylor Building

High Court rules that PINS Lawfully Refused to Consider 400 Appeals for Telephone Kiosks

Maximus Networks Limited (Maximus) submitted a large number of applications for prior approval under Part 16, Class A permitted development rights to construct telephone kiosks across London. In all cases, Maximus had failed in its obligation to give notice of the applications to the owners of the land to which the proposals related. As a result a number of London Boroughs refused to validate the applications for prior approval. Read more

Mark Westmoreland Smith, planning and environmental law barrister at Francis Taylor Building

Valuation Tribunal for England (VTE) Determines Guardian Scheme Failed to Mitigate Non-domestic Rates

Ludgate House was a large commercial office building on the Thames by Blackfriars Bridge. It has now been demolished and is being redeveloped. Prior to demolition and whilst the plans for redevelopment were being finalised, the owners of the building employed a security services company to provide guardians. Guardians are short term licencees who would live in the building and were required to stay there at least 5 nights a week and report the presence of any person they suspected did not have permission to be in the building. Read more

Melissa Murphy

Court of Appeal Refuses Permission to Appeal in Planning Enforcement Prosecution Case

In an ex tempore judgment given by Lady Justice Hallett DBE (Vice President of the Court of Appeal Criminal Division), the Court of Appeal has today refused to grant leave to the London Borough of Islington to bring an appeal against the decision of a judge of Blackfriars Crown Court which was a “terminatory ruling”, in a prosecution brought by them.   Read more

Sarah Sackman, public, planning and environmental law barrister at Francis Taylor Building

High Court to Hear JR on the Future of Corby Urgent Care Centre

The High Court will today hear a Judicial Review claim brought against the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby and replace it with an appointment only primary care hub. The decision was taken on 30 January 2018 without public consultation despite repeated promises by the CCG that it would consult on its decision. Read more

Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building

High Court Clarifies the Scope and Application of Section 70C of the Town and Country Planning Act 1990 - the Power to Decline to Determine Planning Applications

In Chesterton v Wokingham BC [2018] EWHC 1795 (Admin), the High Court (Upper Tribunal Judge Martin Rodger QC) considered whether a local authority had properly exercised its discretion under section 70C of the Town and Country Planning Act 1990 to decline to determine an application if to do so might grant planning permission for the whole or any part of a matter identified as a breach of planning control in a pre-existing enforcement notice. Read more

Annabel Graham Paul, planning and environmental law barrister at Francis Taylor Building
Juan Lopez, planning and environmental law barrister at Francis Taylor Building

Court of Appeal Upholds High Court Quashing of Planning Permission on Reasons Ground

In Tate v Northumberland County Council [2018] EWCA Civ 1519 Lindblom and Jackson LJJ upheld the High Court’s quashing of planning permission for a house in the Green Belt on the grounds of inadequate reasoning. Read more

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