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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.

Meyric Lewis, planning and judicial review barrister at Francis Taylor Building
Charles Merrett

East Hertfordshire Success in Little Hadham Committal Application

The High Court has allowed East Herts District Council’s committal application for breaches of an injunction requiring the cessation of use of a site outside the village of Little Hadham, Hertfordshire as an unauthorised residential encampment, see East Hertfordshire District Council v Docherty and Ors [2019] EWHC 2292. The camp was established over the Easter weekend without planning permission and the incident was widely reported in the national and local press: Read more

Craig Howell Williams QC, planning, environment and public law barrister at Francis Taylor Building
Caroline Daly

The High Court Rejects Challenge to the Bromley Local Plan

Sir Duncan Ouseley has handed down judgment in the case of Dylon 2 Ltd v London Borough of Bromley [2019] EWHC 2366 (Admin), rejecting the Claimant’s s. 113 challenge brought against the adoption of the Bromley Local Plan (BLP). The challenge was brought on three grounds. The point of particular interest in the case relates to the Court’s findings as to the duty to give reasons on the part of a Local Plan Inspector as compared to a s. 78 appeal Inspector. Under the third ground, the Claimant argued that the Inspector had failed to comply with her duty to give reasons because she failed to deal expressly with a s. 78 appeal decision submitted to her after the hearings were closed, and which was said to be inconsistent with her conclusions regarding five-year housing land supply matters. Read more

Gregory Jones QC
Charles Merrett

Lambeth Successfully Defend Two Applications for Permission for Judicial Review

Mr Justice Ockelton has refused two applications for permission to judicially review decisions taken by Lambeth Council as part of the Westminster Bridge Road Regeneration Project. The Westminster Bridge Road Regeneration Project is a large multimillion pound regenerative scheme of works designed to improve highways safety and use in central London. Consultation on this scheme started over 5 years ago. As part of the scheme of works, Lambeth had decided in September 2018 to install a crossing outside of Lambeth North tube station. The location of this crossing was directly in line with an access point, which does not benefit from planning permission, used by the Claimant. Read more

Sarah Sackman

Inspector Recommends Adoption of Bordesley Park Area Action Plan

Following an examination hearing on 30 May 2019 an Inspector appointed by the Secretary of State has recommended adoption of the Bordesley Park Area Action Plan. The Inspector identified three main issues on which he considered the soundness of the Area Action Plan depended. First, whether the Area Action Plan as a whole was consistent with the Birmingham Development Plan and national policy; secondly, whether areas identified within the BPAAP as Key Opportunities for Change were consistent with the Birmingham Development Plan and national policy, and site allocations within these areas deliverable; and thirdly whether the Neighbourhoods policies and site allocations were consistent with local and national policy and were deliverable. Read more

Douglas Edwards QC, planning and environmental law barrister at Francis Taylor Building

Douglas Edwards QC Appointed as a Recorder

We are please to announce that Douglas Edwards QC has today been appointed as a Recorder. The appointment has been made by HM the Queen on the recommendation of the Lord Chancellor and of the Lord Chief Justice. Douglas has been assigned to the South Eastern Circuit and will be sitting in the Crown Court. The role of a recorder is not a full time judicial appointment but requires several weeks of judicial sitting each year. Douglas remains in full time practice at FTB. Read more

Chambers and Partners Bar Awards 2019

FTB Receives Two Nominations for Chambers and Partners Bar Awards 2019

Francis Taylor Building is delighted to receive two nominations for the Chambers and Partners Bar Awards 2019. Chambers has been nominated as Environment/Planning Set of the Year for the twelfth time. Rebecca Clutten has been nominated as Environment/Planning Junior of the Year. The Chambers Bar Awards will be held at The London Hilton, Park Lane on 31 October. Read more

Jeremy Phillips QC

Jeremy Phillips QC Appointed to LTA Disciplinary Panel

Chambers is pleased to announce that Jeremy Phillips QC has been appointed to the Disciplinary Panel of the Lawn Tennis Association. Jeremy brings to the role nearly four decades’ experience concerning the fitness and propriety of individuals in a wide range of activities, including sports, casinos, minicabs, sex entertainment, public houses, the security industry and amusement arcades. He also sat on the Law Commission panel addressing this issue in Taxi and Private Hire Services (Law Com 347). Read more

Sir John Drinkwater QC

We are sad to announce the death of our former member of Chambers, Sir John Drinkwater QC, who has died at the age of 94. Sir John had a remarkable career. He served on the Arctic convoys and in submarines during the Second World War. Subsequently, he was Flag Lieutenant to the First Sea Lord (Lord Fraser of North Cape). After joining Chambers he became one of the leading practitioners at the Planning Bar and at the Parliamentary Bar, taking silk only 15 years after his call. He was involved in many of the leading cases of his day including the Channel Tunnel Bill, the inquiries on Sizewell B, the National Gallery Extension and the King’s Cross Fire and the Fares Fair litigation in the House of Lords. Read more

Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building
John Jolliffe, planning, environmental and public law barrister at Francis Taylor Building
Ned Westaway, planning and environmental law barrister at Francis Taylor Building

Important New Case on Demolition of Buildings in Conservation Areas

Mr Justice Kerr has handed down judgment in Tower Hamlets v SSHCLG [2019] EWHC 2219 (see judgment here), a case that concerned the unlawful demolition of three unlisted dwellings in the Coldharbour Conservation Area on the Isle of Dogs.  Notwithstanding the poor condition of the buildings prior to the demolition, the local planning authority decided to issue planning enforcement notices requiring their facsimile reconstruction.  On appeal, the Interested Party, Angelic Interiors Limited (in administration) – which was not responsible for the demolition – successfully argued before a planning inspector appointed by the Defendant (“the Inspector”) that retrospective planning permission should be granted for demolition. Read more

Annabel Graham Paul

Housebuilder and Tree Surgeon Convicted of Felling a Prominent Redwood and Ancient Woodland

Following a two day trial in Swansea, housebuilder Enzo’s Homes Ltd., their director Fiorenzo Sauro and tree surgeon Arwyn Morgan have been convicted of felling a prominent redwood and a substantial area of Ancient Woodland protected by TPO at Penllergaer Woods Read more