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.
Planning permission has been granted for a new golf course in the Green Belt at Barnet, London. The proposed course designed by one of the world's leading golf course designers, Dye Designs, is proposed to be built and operated to international standards. The London Borough of Barnet had refused planning permission for the new golf course on the principal ground that it represented inappropriate development in the Green Belt and no very special circumstances existed to justify its development. Read more
Local Councils can do more to address the challenges of climate change through the planning system argues Pavlos Eleftheriadis, a barrister specialising in public, planning and EU law. At an interview for LexisPSL Environment and Tracey Clarkson-Donnelly Eleftheriadis outlined some of the ways in which councils can take more effective action. When asked how can local authorities most effectively integrate action on climate change into local planning he said: Read more
The Court accepted the Interested Party’s position that deemed dedication of the footpath under section 31(1) Highways Act 1980 would be incompatible with key statutory duties governing railway safety and operational efficiency. The Court found that the date at which statutory incompatibility falls properly to be assessed for the purposes of section 31(1), is at the date at which the issue is concluded upon by the tribunal, and not at either the beginning or end of the claimed 20 years period. The Court found endorsement for this approach from the majority view of the House of Lords in British Transport Commission v Westmoreland County Council  AC 126. The Court held also that section 31(8) is to be viewed as operating in parallel with the common law as the origin for incompatibility to dedicate. Read more
An appeal concerning the redevelopment of Fulham Town Hall, a Grade II* listed building, has been dismissed. The Appellant proposed a retail arcade and apartments in the former town hall opposite Fulham Broadway Underground station. The Inspector found that the appeal scheme’s impact on the fabric of the interiors, its intactness, and its historic interest would be at the upper end of the spectrum of less than substantial harm. His approach was to ask whether there would be at least a commensurate level of public benefit for it to be justified. In his view, the appeal scheme did not deliver sufficient benefit. He added that in his view, there was no urgent need accept the first scheme to come along, when this would cause significant harm, just in order to preserve the building. Read more
The Upper Tribunal has this week handed down judgment in Celsa Steel (UK) Limited v Webb (Valuation Officer)  UKUT 0133, dismissing Celsa Steel’s appeal in respect of its liability for non-domestic rates. The decision, which upholds the decision of the Valuation Officer, is an interesting example of the application of stage 5 of the contractor’s basis of valuation. Read more
The High Court has decided what the judge described as a “small but important point” regarding the proper approach to the demolition of walls in Conservation Areas in Barton v SSCLG  EWHC 573 (Admin). The alteration of a gate or wall in a Conservation Area is permitted development, but the demolition of such structures is not permitted. The appellant had removed part of a wall in the Bath Conservation Area. The LPA served an enforcement notice requiring the wall to be reinstated and in an appeal against the enforcement notice, the Inspector found that the works amounted to demolition and not alteration such that they did not constitute permitted development. Read more
Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2017. With 14 silks and 14 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many. This includes top ratings for Michael Humphries QC as the leading infrastructure barrister and for Rebecca Clutten as the most respected barrister under the age of 35. Top rated silks are Hereward Phillpot QC, Morag Ellis QC, Michael Humphries QC, James Pereira QC, Simon Bird QC, Alexander Booth QC, Suzanne Ornsby QC, Douglas Edwards QC, Andrew Tait QC, Robin Purchas QC, Saira Kabir Sheikh QC, Craig Howell Williams QC, Gregory Jones QC, Richard Phillips QC. Read more
FTB is delighted to announce that Saira Kabir Sheikh QC has been selected for a Lawyer Monthly – Women in Law 2017 Award in recognition of her outstanding legal expertise and contribution within the practice area of Planning & Environmental law. Saira has been identified and honoured for a Women in Law 2017 Award following her achievements over the last 18 months. Read more
Sarah Sackman will be speaking at 6pm tonight alongside David Hart QC, Richard Buxton and Rebekah Read to the HRLA on “How to be an Environmental Lawyer”. Speakers will discuss the relationship of environmental and human rights law and the implications of Brexit on issues from climate change to habitats protection. The event is hosted by Leigh Day with a limited number of places still available – more details can be found here. Read more
The London Borough of Tower Hamlets has confirmed the compulsory purchase order made by it in respect of the Aberfeldy Estate, Poplar. The CPO is required to bring forward the land needed for the regeneration of the Estate, including the delivery of more than 1,200 new homes by the Council's partner, Poplar HARCA. Power to confirm the CPO was returned to Tower Hamlets after it was able to secure the withdrawal of all outstanding objections to the scheme. Rebecca Clutten advised the successful Acquiring Authority. Read more