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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.

James Rankin

Award Winning Night Club Loses Licence

Opium Nightclub, the winner of Luxury Lifestyle Awards in the category of Best Luxury Nightclub in London 2019, has lost its licence. The 500 capacity nightclub had only been open since December 2018 following a £7 million pound refurbishment of its Rupert Street Location. The club hosted a promoted event on 25th August 2019 at which one person was stabbed and another person was shot. The Metropolitan Police brought summary review proceedings and the licence was suspended as an interim step. At the full review hearing on 23/9/19 Westminster City Council revoked the licence following what the police termed a catalogue of breaches of the licence conditions. The police maintained that the incidents were entirely preventable had proper search procedures and other protocols been followed. Read more

Alexander Greaves

Planning Permission Refused for Strategic Waste Recycling and Recovery Facility in the Buckinghamshire Green Belt

Following public inquiry earlier this year, an Inspector has dismissed a s. 78 appeal against the decision of Buckinghamshire County Council to refuse planning permission for a strategic waste facility comprising a materials recycling facility (100,000 tpa); anaerobic digestion facility (50,000 tpa); and a construction, demolition and excavation recycling facility (150,000 tpa) on a former mineral extraction and existing landfill site in the Buckinghamshire Green Belt. Read more

Alexander Greaves

Two Enforcement Notices Upheld Against Live/Work Units in Old Industrial Buildings

A planning inspector has dismissed two enforcement appeals and one  s. 78 appeal which concerned the use of redundant industrial buildings for live/work units, and made an award of costs against the Appellant. Read more

Meyric Lewis, planning and judicial review barrister at Francis Taylor Building
Charles Merrett

East Hertfordshire Success in Little Hadham Committal Application

The High Court has allowed East Herts District Council’s committal application for breaches of an injunction requiring the cessation of use of a site outside the village of Little Hadham, Hertfordshire as an unauthorised residential encampment, see East Hertfordshire District Council v Docherty and Ors [2019] EWHC 2292. The camp was established over the Easter weekend without planning permission and the incident was widely reported in the national and local press: Read more

Sarah Sackman

Inspector Recommends Adoption of Bordesley Park Area Action Plan

Following an examination hearing on 30 May 2019 an Inspector appointed by the Secretary of State has recommended adoption of the Bordesley Park Area Action Plan. The Inspector identified three main issues on which he considered the soundness of the Area Action Plan depended. First, whether the Area Action Plan as a whole was consistent with the Birmingham Development Plan and national policy; secondly, whether areas identified within the BPAAP as Key Opportunities for Change were consistent with the Birmingham Development Plan and national policy, and site allocations within these areas deliverable; and thirdly whether the Neighbourhoods policies and site allocations were consistent with local and national policy and were deliverable. Read more

Craig Howell Williams QC, planning, environment and public law barrister at Francis Taylor Building
Caroline Daly

The High Court Rejects Challenge to the Bromley Local Plan

Sir Duncan Ouseley has handed down judgment in the case of Dylon 2 Ltd v London Borough of Bromley [2019] EWHC 2366 (Admin), rejecting the Claimant’s s. 113 challenge brought against the adoption of the Bromley Local Plan (BLP). The challenge was brought on three grounds. The point of particular interest in the case relates to the Court’s findings as to the duty to give reasons on the part of a Local Plan Inspector as compared to a s. 78 appeal Inspector. Under the third ground, the Claimant argued that the Inspector had failed to comply with her duty to give reasons because she failed to deal expressly with a s. 78 appeal decision submitted to her after the hearings were closed, and which was said to be inconsistent with her conclusions regarding five-year housing land supply matters. Read more

Gregory Jones QC
Charles Merrett

Lambeth Successfully Defend Two Applications for Permission for Judicial Review

Deputy Judge Ockelton has refused two applications for permission to judicially review decisions taken by Lambeth Council as part of the Westminster Bridge Road Regeneration Project. The Westminster Bridge Road Regeneration Project is a large multimillion pound regenerative scheme of works designed to improve highways safety and use in central London. Consultation on this scheme started over 5 years ago. As part of the scheme of works, Lambeth had decided in September 2018 to install a crossing outside of Lambeth North tube station. The location of this crossing was directly in line with an access point, which does not benefit from planning permission, used by the Claimant. Read more

Douglas Edwards QC, planning and environmental law barrister at Francis Taylor Building

Douglas Edwards QC Appointed as a Recorder

We are please to announce that Douglas Edwards QC has today been appointed as a Recorder. The appointment has been made by HM the Queen on the recommendation of the Lord Chancellor and of the Lord Chief Justice. Douglas has been assigned to the South Eastern Circuit and will be sitting in the Crown Court. The role of a recorder is not a full time judicial appointment but requires several weeks of judicial sitting each year. Douglas remains in full time practice at FTB. Read more

Chambers and Partners Bar Awards 2019

FTB Receives Two Nominations for Chambers and Partners Bar Awards 2019

Francis Taylor Building is delighted to receive two nominations for the Chambers and Partners Bar Awards 2019. Chambers has been nominated as Environment/Planning Set of the Year for the twelfth time. Rebecca Clutten has been nominated as Environment/Planning Junior of the Year. The Chambers Bar Awards will be held at The London Hilton, Park Lane on 31 October. Read more

Jeremy Phillips QC

Jeremy Phillips QC Appointed to LTA Disciplinary Panel

Chambers is pleased to announce that Jeremy Phillips QC has been appointed to the Disciplinary Panel of the Lawn Tennis Association. Jeremy brings to the role nearly four decades’ experience concerning the fitness and propriety of individuals in a wide range of activities, including sports, casinos, minicabs, sex entertainment, public houses, the security industry and amusement arcades. He also sat on the Law Commission panel addressing this issue in Taxi and Private Hire Services (Law Com 347). Read more