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.
On Monday 17 December 2018, the Supreme Court (Baroness Hale, Lord Kerr and Lord Reed) will hear argument on a preliminary question arising from the reference of five purported devolution-issue questions by the Attorney General for Northern Ireland. The reference arises from the ongoing political stalemate in Northern Ireland, which has now been without a functioning government since January 2017. On 9 August 2018, the Attorney General for Northern Ireland referred five purported devolution-issue questions to the Supreme Court. These questions collectively concern the functions of Northern Ireland Departments in the absence of Ministers in Northern Ireland — in particular, the questions relate to limitations imposed on the functions of Departments by the ministerial code, the programme for government and the requirement to refer specified matters to the Executive Committee for discussion and agreement. Read more
Planning permission has been granted for National Grid’s Viking Link Interconnector Project following a successful appeal against an earlier refusal by East Lindsey District Council (‘ELDC’). ELDC had initially refused permission for the project, which will provide 1.4GW of electrical interconnection capacity between the UK and Denmark capable of powering up to 1 million homes, because of concerns about the impacts of construction of the necessary underground cables on the Lincolnshire Wolds Area of Outstanding Natural Beauty and on local farming businesses, although by the time of the inquiry in November 2018 they had entered into a Statement of Common Ground with National Grid Viking Link (‘NGVL’) acknowledging that those concerns had been overcome. Read more
The East Caribbean Court of Appeal has handed down its decision on an appeal concerning compensation for the compulsory purchase of land for an extension to the runway at the airport on the island of Anguilla: Estate of Bernice Lake QC (Deceased) v Attorney General of Anguilla AXAHCVAP2016/0003. Guy Roots QC appeared for the Attorney General (that is, the Government) of Anguilla. Departing from the approach normally adopted in UK, the Court held (amongst other things) that the before-and-after method of valuation was a legitimate means of assessing the value of the land acquired and injurious affection to the land retained and that the land should be valued on the basis that it was suitable for high-end tourism development and so the Court increased the amount which had been awarded by the Board of Assessment. Read more
Saira Kabir Sheikh QC Appointed as Consultant Editor for Halsbury’s Laws of England Volume 55 Highways, Streets & Bridges
Saira Kabir Sheikh QC has been appointed as Consultant Edtior for Volume 55 Highways, Streets and Bridges of Halsbury’s laws of England. The title is due to be published in August 2019. Read more
The Secretary of State for Environment, Food and Rural Affairs has confirmed the Environment Agency (Little Hadham Flood Alleviation Scheme) Compulsory Purchase Order 2017. The CPO was made under the Water Resources Act 1991 for a £9 million flood alleviation scheme to be constructed in conjunction with a new bypass on the A120 in Hertfordshire. The scheme involved creating flood storage areas to reduce the risk of flooding to the 72 properties at risk in Little Hadham and Hadham Ford. Read more
A jury at Wood Green Crown Court has been directed to acquit a developer of breaching an enforcement notice. Haringey brought the prosecution for breach of an enforcement dating from 2012 prohibiting the use of a house in North London as self-contained flats. Read more
FTB is delighted to be nominated as Real Estate, Environment and Planning Set of the Year, 2019 by The Legal 500 Bar Awards. James Pereira QC has been nominated as Real Estate, Environment and Planning Silk of the Year. James was also nominated in 2016 and 2017. Read more
A refusal by Westminster City Council to grant listed building consent for internal alterations to a Grade II listed building at Lygon Place, SW1W has been upheld on appeal. The main aspect of the listed building consent application dealt with by the Inspector concerned the proposal to remove a secondary staircase at the property and replace it with a lift. Read more
The inquiry on OCM Luxembourg's appeal against the refusal by Tower Hamlets Borough Council of planning permission for an 18 storey aparthotel in Buckle St E1 has just closed. The site is located in the Central Activities Zone and City Fringe/Tech City Opportunity Framework Area where tall buildings are acceptable in principle. But Council members refused planning permission contrary to officers' recommendation on grounds of impact on residential amenity, harm to the setting of heritage assets and overdevelopment due to the building’s height scale and mass and townscape impact. Read more