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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.

Charles Streeten, planning barrister at Francis Taylor Building

Important High Court Judgment on PPG

Mrs Justice Lieven has handed down judgement in R (Solo Retail) v Torridge DC [2019] 489 (Admin) The Claimant operates a large out of town retail outlet. It judicially reviewed the grant of planning permission for a 32,500sqft rival retail outlet, B&M Stores, in a neighbouring location.  The claim was brought on the on the basis that the developer's retail impact assessment ("RIA") had failed properly to assess the convenience element of the proposed new store, and that the Council had failed properly to condition that element of the scheme. In particular, the Claimant relied on the fact that the emerging local development plan, which had been examined and found sound but not adopted, required a retail impact assessment of development in excess of 250sqm to support the submission that the developer had been required to carry out a "full RIA" of the 314sqm convenience element of the scheme. Read more

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

Judicial Review Claim Against Permission for a New Homeless Night Shelter Dismissed

The High Court has dismissed a claim for Judicial Review against the London Borough of Islington which had granted planning permission for a night shelter operated by the charity Shelter From the Storm to alleviate homelessness. The main ground related to the enforceability of a planning condition which required a review of the shelter’s operations to be submitted after a year of commencing operations and if necessary for the operation management plan to be amended and updated by written approval of the LPA. Based on the now well-established approach for interpreting planning conditions Trump v Scottish Ministers, the Court held the condition was clear, unambiguous and enforceable Read more

Richard Glover QC, planning and environmental law barrister at Francis Taylor Building
Cain Ormondroyd, public and environmental law barrister at Francis Taylor Building
Hugh Flanagan, public and planning law barrister at Francis Taylor Building

Three Members of FTB Rating Team Appear in Supreme Court

Three barristers from FTB have appeared in the Supreme Court in the case of Hewitt (VO) v Telereal Trillium, a case dealing with the correct approach to the valuation of a vacant public sector office building in Blackpool known as Mexford House.  Hugh Flanagan, led by Hui Ling McCarthy QC, appeared for the Appellant valuation officer; Richard Glover QC and Cain Ormondroyd appeared for the Respondent ratepayer, seeking to uphold the nominal valuation ordered by the Court of Appeal. Read more

Mark Hill QC, religious liberty and ecclesiastical law barrister at Francis Taylor Building

Mark Hill QC delivers 2019 Robin Sharwood Lecture in Australia

Mark Hill's overseas tour which has taken him to Singapore, Vietnam, Cambodia, Laos, Thailand and Indonesia concluded this week in Australia when he delivered the 2019 Robin Sharwood Lecture in Church Law. Large audiences attended Trinity College, Melbourne on 20 February and St James Institute, Sydney, on 21 February to hear him speak on Anglican Canon Law: Identity, Ecclesiology and Ecumenism. He also led seminars for Diocesan Chancellors which it is hoped will lead to further cross-jurisdiction exchanges in the future, particularly as the Principles of Canon Law Common to Churches of the Anglican Communion are revised in readiness for the Lambeth Conference of 2020. The Annual Lecture is made possible through the Robin Sharwood Bequest and will be published later this year. Read more

Ned Westaway, planning and environmental law barrister at Francis Taylor Building

Court of Appeal to Consider Calculation of Housing Need in Local Plans

Permission to appeal has been granted against the judgment of Nathalie Lieven QC (as she then was) in the case of CPRE Surrey v Waverley BC [2018] EWHC 2969 (Admin).  The case concerns Waveley Borough Council’s decision to accept an inspector’s recommendation to increase the housing requirement in its local plan by 3,150 dwellings to accommodate unmet need arising from Woking borough. In granting permission, Singh LJ commented that there is a compelling reason for CPRE’s appeal (together with a concurrent appeal by campaign group POW) to be heard and that the case raised issues of principle of general importance. Read more

Professor Pavlos Eleftheriadis, planning and environmental law barrister at Francis Taylor Building

Wilson & Ors v The Prime Minister & Anr Live on Courts and Tribunals YouTube Channel

This appeal is currently being broadcast live via the Courts and Truibunals Judiciary website: Professor Pavlos Eleftheriadis is appearing as junior to Jessica Simoor QC for the appellant in this application for permission to appeal the Order of Ouseley J (10 December 2018) that refused a renewed application for permission to apply for judicial review. The Appellants are four individuals who challenge the lawfulness of the referendum and the lawfulness of the decision to give and the giving of notice under Article 50 on the grounds that each was vitiated because of illegal practices in the referendum by Leave campaigners. Read more

Ned Westaway, planning and environmental law barrister at Francis Taylor Building
Merrow Golden
Andrew Tait QC, Head of Chambers and planning and environmental law barrister at Francis Taylor Building
Richard Honey, public and environmental law barrister at Francis Taylor Building

Permission Granted for Challenge to Oxford-Cambridge Expressway Corridor Decision

On 12 September 2018 the Department for Transport accepted the recommendations of Highways England as to the preferred corridor area for the new Oxford to Cambridge Expressway road. The Berks, Bucks and Oxon Wildlife Trust sought judicial review of the decision on three grounds: (1) the decision should have been subject to a formal environmental assessment process under EU Directive 2001/42/EC on strategic environmental assessment (“SEA”), (2) the decision should have been subject to appropriate assessment under the Directive 92/43/EEC on habitats, and (3) by failing to carry out full public consultation on the route corridor options the Secretary of State acted in breach of a legitimate expectation generated by the UK’s ratification of the Aarhus Convention, in particular Article 7 of that Convention. Read more

Robert McCracken QC, public, planning and environmental law barrister at Francis Taylor Building
Morag Ellis QC, planning and ecclesiastical law barrister at Francis Taylor Building
Annabel Graham Paul, planning and environmental law barrister at Francis Taylor Building
Caroline Daly

Court of Arches Orders Demolition of Spitalfields Nursery

In a much anticipated judgment which brings to an end years of litigation concerning the future of a nursery and community building unlawfully erected in the disused, but consecrated, burial ground of Christ Church, Spitalfields, the Court of Arches has ordered that a restoration order be made with the effect that the nursery is to be demolished by February 2029. Read more

Ned Westaway, planning and environmental law barrister at Francis Taylor Building
Charles Streeten, planning barrister at Francis Taylor Building

Composting Case to go the Court of Appeal

The Court of Appeal has granted permission to appeal against the decision of HHJ Keyser QC in the case of R (Becker) v Hertforshire CC [2018] EWHC 1974 (Admin).  The claim relates to green waste operations in the Metropolitan Green Belt.  The High Court quashed permission to operate a maturation site on the basis of an error (admitted by the Defendant and Interested Party) in the application of policy.  However, the High Court dismissed other grounds of challenge to a separate decision to vary the terms on which the wider composting operation is managed, including (i) varying the condition relating to vehicle movements, (ii) varying the condition relating to site operations and (iii) altering the description of the land on which the compost could be used (on the Claimant’s argument, materially extending the scope of the permission). The appeal will likely be heard in June or July. Ned Westaway, instructed by Richard Buxton Environmental and Public law, acts for the claimant/appellant; Charles Streeten, instructed by Woodfines LLP, acts for the interested party/second respondent. Read more

Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building
Mark Westmoreland Smith, planning and environmental law barrister at Francis Taylor Building

High Court Clarifies Permitted Development Rights for Telephone Boxes

On 5 February 2019, the High Court handed down an important judgment concerning the scope of permitted development rights for telephone boxes with advertising capabilities (Westminster CC v Secretary of State for Housing, Communities and Local Government & Ors [2019] EWHC 176 (Admin)). Ouseley J, allowing an appeal against the decision of an Inspector to grant prior approval for the replacement of two existing telephone boxes with a single new kiosk within the area of Westminster City Council, held that the proposed development fell outside Part 16 Class A of the General Permitted Development Order (“GDPO”). Read more

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