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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.

Conor Fegan

Planning Permission Granted for Replacement Pig Farm

Antrim and Newtownabbey last night resolved to grant planning permission for a replacement pig farm outside Ballyclare following a contested committee  hearing. Read more

Juan Lopez

Upper Tribunal (Lands Chamber) Advises on Scope for Tomlin Order Terms in the Final Settlement of Statutory Compensation Claims

The Upper Tribunal (Lands Chamber) (Judge Elizabeth Cooke), by consent, has disposed of references arising from statutory compensation claims brought against Network Rail Infrastructure Limited, as Compensating Authority, in respect of agreements made under the Railway Regulation Act 1842 and under licences dating from 2013. The claimant was a licensee of land used for fishing activities and had argued interference to land and business caused by urgent infrastructure works carried out by Network Rail. Read more

Juan Lopez

Necessary Wayleave Application Receives Review by BEIS

Eastern Power Networks, as the holder of a distribution licence issued under section 6(1)(c) of the Electricity Act 1989, has agreed terms with a landowner over which electric overhead lines pass, having applied under paragraph 6(2) of schedule 4 for the grant of a necessary wayleave.  Read more

George Mackenzie

Appeal for Major New School and Sports Facilities in Green Belt Dismissed

A planning inspector has dismissed a s.78 appeal for the provision of a new school for 1,000+ pupils together with a number of new grass and artificial sports pitches as well a new sports pavilion for the school and a new club house for Maidenhead Hockey Club in the Green Belt. Read more

Sarah Sackman
Charles Streeten

Court of Appeal Confirms Use Permitted Must be Limited to That Applied for

The Court of Appeal has handed down judgment in Ikram v Secretary of State for Housing and Communities & Another [2021] EWCA Civ 2 and in doing so has upheld the decision of Lang. J to quash an Inspector’s decision letter granting planning permission for use of land in Brent as a Mosque. Read more

Annabel Graham Paul

Divisional Court Provides Important Authority on the Requirements for Charges under s. 179 of the Town and Country Planning Act 1990

In Ceredigion County Council v Robinson (No 2) [2020] EWHC 3425 (Admin), the Divisional Court (Stuart-Smith LJ and Jefford J) have held that an information under s. 179 of the Town and Country Planning Act 1990 does not need expressly to state the date by which an enforcement notice should have been complied with. Authority to the contrary, Maltedge and Frost v Wokingham DC [1992] 64 P & CR 487, is no longer good law in light of the changes to the statutory wording of s. 179 since it was decided. Read more

Richard Honey
Jonathan Welch

Permission Granted in Pro Bono Judicial Review Brought by Parent at SEN School

The High Court has granted permission to proceed with a judicial review of the decision of Thanet District Council to grant planning permission for 38 residential dwellings adjacent to a Special Educational Needs school in Kent. The Claimant is a parent of a child at the school. Read more

Meyric Lewis

Victory for Anglian Water in Bathing Water Quality Judicial Review

Anglian Water Services Limited have succeeded in their judicial review of the Environment Agency’s classification of a number of popular Lincolnshire bathing waters within Anglian Water’s region under the Bathing Water Quality Regulations 2013.  The bathing waters at Cleethorpes, Humberston Fitties and Ingoldmells South beaches had all formerly been classed as “excellent” but were downgraded to merely “good” after the Environment Agency included samples in their annual assessment of bathing water quality which had been taken in June 2019 at a time of torrential rain and flooding. Read more

Gregory Jones QC
Conor Fegan

Permission Granted in Judicial Review Challenge Involving Natural England ‘Nutrient Neutrality’ Advice Note

Mrs Justice Lang DBE has this week granted permission on all eight grounds in R (Brook Avenue Residents Against Development) v Fareham Borough Council and (1) Lorraine Louise Hanslip; (2) Michael Hanslip; (3) Thomas Lewis Hanslip; (4) Natural England (CO/4168/2020).   Read more

Gregory Jones QC

Olympic Sized Ice Centre Redevelopment Given the Nod

Waltham Forest Council has resolved to grant planning permission for a new ice venue in East London. The Lee Valley Ice Centre would be built on the site of the current single pad venue in Lea Bridge Road, Leyton. Read more