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.
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
The High Court (Jay J) has allowed a challenge to the adoption of interim affordable housing guidance by Craven District Council. The adoption of the guidance document, entitled “Negotiating Affordable Housing Contributions” (“NAHC 2016”), was challenged on the basis that it contains statements that fall within Regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012, and must therefore be a development plan document or, in the alternative, a supplementary planning document. The Council had failed to comply with the procedural requirements for adopting either development plan or supplementary planning documents under the 2012 Regulations. The Claimant, Skipton Properties Limited, further argued that there had been a breach of the SEA Directive and the Environmental Assessment of Plans and Programmes Regulations 2004 on the basis that the adoption of the guidance document required an environmental assessment, which was not carried out. Read more
Matthew Dighton (Meadow View Caravan Park) v Rother District Council, First-Tier Tribunal Property Chamber (Residential Property)
Pursuant to section 8(2) of the Caravan Site Control of Development Act 1960, the owner of a touring caravan site appealed against an amended condition to his site licence, on grounds that it was “unduly burdensome”. The condition restricted the site’s season from 1 March to 31 October each year; imposed a maximum length of stay of nor more than 21 days; and, required a register to be kept of the users of each pitch. The Tribunal dismissed the appeal. Read more
The appeal site was located in Tandridge Council. Tandridge’s Local Plan contained a policy which sought joint working between Tandridge, neighbourhouring authorities and Gatwick Airport to mitigate the planning impacts of the airport and in particular to minimise private car use to and from the airport. Crawley a neighbouring authority submitted objections to the Inspector based on its own local policy which provided that no airport parking should be permitted outside the perimeter of Gatwick. Crawley commented that the proposed development in Tandridge would be in conflict with its policy GAT3. Ace Airport alleged that the Inspector had fallen into error by applying Crawley’s development plan to a proposal located in another development area i.e. in Tandridge and that it was unlawful for the Inspector even to take account the conflict with Crawley’s policy GAT3. Read more
Chambers is delighted to announce that the National Procurement Service in Wales has made eighteen appointments from Chambers to its first panel of approved counsel. The four Queen’s Counsel appointed are Morag Ellis QC, Craig Howell Williams QC, Douglas Edwards QC and James Pereira QC The fourteen juniors appointed are Philip Petchey, Meyric Lewis, Gary Grant, Leo Charalambides, Juan Lopez, John Jolliffe, Cain Ormondroyd, Annabel Graham Paul, Hugh Flanagan, Sarah Sackman, Rebecca Clutten, Caroline Daly, Charles Streeten and Katherine Barnes. Read more
The High Court (Dove J) has this morning handed down judgment clarifying the scope of permitted development rights for the conversion of agricultural buildings to dwellings. The judgment may be of significance to all those concerned with rural planning. East Herts DC v SSCLG  EWHC 465 concerns the permitted development right in Class Q of the GPDO 2015 for change of use of an agricultural building to a dwelling house. The issue in the case was the extent to which a local planning authority could refuse prior approval for the conversion on the basis of the location not being sustainable. Read more
Record Multiplier Applied in Business Extinguishment Compensation Claim: SME (Hammersmith) Ltd v Transport for London
On 6 March 2017 the Upper Tribunal (Lands Chamber) handed down its decision in respect of the reference made by SME (Hammersmith) Ltd, regarding the compulsory acquisition of its restaurant premises opposite Farringdon Station. SME had formerly operated the restaurant as a Kentucky Fried Chicken franchise, but the premises had been compulsorily acquired by Transport for London in connection with Crossrail. The acquisition by TfL resulted in the extinguishment of the restaurant business at the site, and the Claimant sought compensation for business disturbance, pursuant to Rule (6), Section 5 of the Land Compensation Act 1961. Read more