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.
A Lesson in Legal Alchemy: Leech Homes v Northumberland County Council – CAAD Appeal Relating to 135 Homes Dismissed as Inappropriate Development in Green Belt
The Deputy President of the Upper Tribunal (Lands Chamber), Martin Rodger QC and Diane Martin MRICS FAAV have handed down judgment in a CAAD appeal by Leech Homes. The Tribunal rejected Leech Homes’ argument that a residential scheme of approximately 135 dwellings was appropriate alternative development (AAD) for land acquired by the Council for the purposes of constructing the Morpeth Northern Bypass. The bypass had been authorised by a Development Consent Order made under the Planning Act 2008. Read more
Permission to bring judicial review proceedings against the decision of Karen L Baker DipTP MA DipMP MRTPI, the Inspector appointed by the Secretary of State to examine the Sevenoaks District Local Plan has been granted on all grounds by the High Court. Sevenoaks District Council has challenged the inspector’s decision that it failed to comply with the duty to cooperate in preparing the draft Local Plan. Read more
Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS  EWHC 1303 (Admin)). Read more
Westferry Printworks: Secretary of State Accepts “Apparent Bias” in His Decision and Consents to Judgment
A consent order in the Westferry Printworks case means that there will be a redetermination of the 1,500 housing unit appeal proposal for the former Daily Telegraph/Daily Express printworks site. Both Tower Hamlets and the Mayor/Greater London Authority had challenged the Secretary of State’s decision to grant planning permission, contrary to the recommendation of the inspector, who had held a 3 week public inquiry. The Inspector had found harm to the setting of Tower Bridge and that the scheme failed to provide the maximum reasonable amount of affordable housing, key aspects of the GLA’s case. Read more
R (Susan Fisher) v Durham County Council  - The Interface Between Statutory Nuisance and Disability Discrimination
In his judgment in R (on the application of Susan Fisher) v. Durham County Council  EWHC  EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”). Read more
In one of the first cases of its type, The Pendulum pub in Pendeford, Wolverhampton has had its premises licence revoked in summary review proceedings brought by West Midlands Police for breaking the coronavirus lockdown provisions. Read more
Inspectors, Jonathan Bore and Nick Fagan, have reported into the examination of the Oxford Local Plan 2036. Examination hearings took place in December 2019. The Inspectors have concluded that all legal requirements have been met, including the duty to cooperate, and that the Local Plan is sound, subject to certain modifications. Due to the extensive levels of need for new housing within City, the Inspectors found policies to release land from the Green Belt to be justified and sound, as well as the agreed strategy whereby Oxford’s unmet need would be met by neighbouring local authorities. Read more
The High Court has handed down judgment in Open Spaces Society v SSEFRA  EWHC 1085 (Admin) on the interpretation of s.119(6) of the Highways Act 1980 that provides for the confirmation of footpath diversion orders, among other things, where it is “expedient … having regard to the effect which” the order will have on (a) public enjoyment of the path as a whole, (b) land served by the existing public right of way and (c) other land. Read more
The High Court has granted permission to apply for judicial review in Anglian Water’s claim concerning the Environment Agency’s classification of the quality of bathing waters in Lincolnshire at Cleethorpes, Humberston Fitties and Ingoldmells South beaches for the purposes of the Bathing Water Regulations 2013 – the regulations which transpose the provisions of the EU Water Framework Directive, Directive 2000/60/EC into UK law. Read more
In a decision letter dated 4 May 2020, the Secretary of State has determined to grant a Development Consent Order in respect of the West Midlands Interchange project. Read more