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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.

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

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

Major Office Redevelopment of Historic Wharf Inquiry

Following a public inquiry, an Inspector has dismissed a s.78 appeal against the decision of the London Borough of Islington to refuse permission for a major office redevelopment scheme of some 11,000 sqm at Regent’s Wharf, Kings Cross on heritage and amenity grounds. The proposal involved the redevelopment of the Regent’s Wharf office complex and the remodelling of the locally listed late-19th century Victorian wharf buildings which abut the Regent’s Canal. The Inspector agreed with the local planning authority and Historic England that the buildings are major contributors to the character and appearance of the Regent’s Canal Conservation Area. The contemporary modifications to the roofline, windows and elevations of the Victorian buildings “would affect key aspects of the archaeological, architectural and historic character of the Conservation Area and harm its significance” as well as causing harm to the non-designated assets. Applying the tests in the NPPF, the Inspector concluded that the public benefits of the scheme would not outweigh the harm to the Conservation Area. Read more

Richard Honey, public and environmental law barrister at Francis Taylor Building

Tribunal Decision on Hinkley Point C Compensation Claim

The Upper Tribunal Lands Chamber (Judge Elizabeth Cooke and Mr Peter McCrea FRICS) has issued its preliminary issue decision on the permissibility of four heads of claim, totalling some £2.6 million, in the case of 599 Developments Ltd v NNB Generation Co (HPC) Ltd [2019] UKUT 235 (LC).  The Claimant was the owner of the long leasehold interest in land formerly used as a lorry park at Williton in Somerset, part of which was compulsorily acquired by NNB Generation Co under the Hinkley Point C (Nuclear Generating Station) Order 2013.  The land was required for a park and ride facility in connection with the construction of the new nuclear power station.  Read more

Richard Honey, public and environmental law barrister at Francis Taylor Building

High Court Considers When Policies Can Be Out of Date for NPPF Para 11(D)

Mr Justice Dove has handed down judgment in the case of Peel Investments North Ltd v SSHCLG & Salford CC [2019] EWHC 2143 (Admin).  The judgment deals with the circumstances in which development plan policies could be out-of-date for the purpose of triggering the tilted balance in paragraph 11(d) of the NPPF, and the right approach to considering whether there is a five year housing land supply for the purposes of paragraph 73 of the NPPF.  The case concerned proposals for up to 600 homes, a marina and other development, in Worsley in Salford.  The Secretary of State had rejected the developer’s appeal and refused planning permission.  Dove J upheld the Secretary of State’s decision and dismissed the High Court challenge.  Read more

Richard Honey, public and environmental law barrister at Francis Taylor Building

People Over Wind Confirmed by the High Court

Mr Justice Dove has handed down judgment in the case of Gladman v SSHCLG & Medway Council [2019] EWHC 2001 (Admin).  The case concerned an appeal seeking planning permission for a development of 225 houses near Cliffe Woods in Kent.  The appeal was decided by the Secretary of State after the CJEU decision in People Over Wind and whilst the October 2018 ‘Technical consultation on updates to national planning policy and guidance’ was underway.  The technical consultation dealt with, amongst other matters, the effect of People Over Wind on the provisions of the National Planning Policy Framework (NPPF) and the calculation of local housing need using the 2016 household projection figures.  Read more

Gary Grant, licensing barrister at Francis Taylor Building

Southwark Grants 3am Premises Licence for New Live Music Venue as an Exception to Cumulative Impact Policy

The Peckham Cultural Quarter in South London is emerging as an important hub for music, media, cinema, restaurants and small arts-based businesses. But what South London has lacked, until now, was a significant new small to mid-size live music venue focused on emerging grassroots Indie talent. Read more

Daisy Noble

Planning Permission for up to 30 Homes near Bedford Refused on Appeal

Planning permission has been refused for up to 30 dwellings on the edge of the village of Cople near Bedford, despite the Council having no five year housing land supply. The main issues at the inquiry concerned the impact of the proposals on the character and appearance of the area and whether the site would be a suitable location for new housing, having regard to social and physical infrastructure in the locality.  Read more

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

High Court Quashes Planning Permission in Brent Mosque Case

Lang J has handed down judgment in Ikram v Secretary of State for Housing Communities and Local Government [2019] EWHC (Admin). The Claimant, Mr Ikram, lived at 854 Harrow Road. Adjacent to 852 and 856-858 Harrow Road. 856-858 Harrow Road were constructed as two semi-detached dwelling houses and were in residential use for many years.  In 2007 use of 856-858 Harrow Road was regularised for use as a place of worship and community centre by subsequent grants of retrospective planning permission. Read more

Alexander Booth QC, planning, infrastructure and compulsory law barrister at Francis Taylor Building
Rebecca Clutten, planning and environmental law barrister at Francis Taylor Building
Daisy Noble

Compensation Award for Extinguishment of Waste Transfer Business for Thameslink 2000

Welcocks Skip Hire Ltd v Network Rail [2019] UKUT 0162 In a decision dated 17 July 2019 the Upper Tribunal (Lands Chamber) has awarded compensation in excess of £8,000,000 to a claimant company whose waste transfer business was extinguished by Network Rail’s Thameslink 2000 Scheme Read more

Alexander Booth QC, planning, infrastructure and compulsory law barrister at Francis Taylor Building

Local Housing Need – National Policy Regarding ‘Standard Method’ Dis-applied in Central Bedfordshire

The Planning Inspectorate has recently issued two decision-letters regarding Section 78 Appeals in Central Bedfordshire. The two appeals, both of which related to schemes for residential development, were dismissed – see Ref: APP/P0240/W/18/3206495: Land west of New Road, Clifton SG17 5JH, decision dated 25 June 2019, and Ref: APP/P0240/W/18/3218992: Land at Clophill Road, Maulden, Bedford, MK45 2AA, decision dated 10 July 2019. Read more

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