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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.

Meyric Lewis

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application

The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment. Read more

Andrew Fraser-Urquhart QC

Obligations for Disclosure of Viability Informative and Role of Representations at Committee Clarified by High Court

R(Holborn Studios) v LB Hackney [2020] EWHC 1509 (Admin), Dove J Andrew Fraser-Urquhart QC represented LB Hackney in this challenge to the grant of planning permission for the redevelopment of Holborn Studios. Dove J considered the disclosure requirements for viability information provided in the course of a planning application in the light of updated guidance in the NPPG and held that it superseded the ruling in R(Perry) which had offered broad discretion to local authorities to withhold information provided by developers. Dove J also rejected a challenge to the decision based upon the Council’s Planning Code for Councillors, holding that the opportunity to make representations at Committee ensured there was no prejudice to objectors. Read more

Andrew Fraser-Urquhart QC

High Court Finds Challenge to Informative on CLEUD Inappropriate for Judicial Review Because of Adequate Alternative Remedy

R(QM Developments) v Warrington BC [2020] EWHC 1511 (Admin), Dove J. The High Court has decided that an informative added to a CLEUD, relating to requirements in a land remediation condition which had not been complied with, could not be challenged by way of judicial review.  Dove J accepted the argument of Andrew Fraser-Urquhart QC for Warrington BC that the ability of the Claimant to appeal against the contents of the Certificate were an adequate alternative remedy and that the informative was not justiciable through an application for judicial review. Read more

Craig Howell Williams QC
Douglas Edwards QC
Charles Merrett

Tall Building Proposal - Appeal Refused on Design and Heritage Grounds by Secretary of State

Meyer Homes appealed against the decision of The Royal Borough of Greenwich to refuse an application for planning permission for the construction of a 27 storey building (1,056sqm of commercial floorspace at ground and first floor, 206 residential units at upper floors) and the construction of buildings between 9 and 16 storeys (1,793sqm of commercial floorspace at ground floor and 598 residential units at upper floors), both with associated ancillary development. The appeal was recovered by the Secretary of State and heard at a public inquiry lasting six days. Read more

Melissa
Caroline Daly
Isabella Tafur

Poor Design Proves Fatal for 771 Home Appeal Proposal in Charlton Riverside Opportunity Area

The Secretary of State has refused permission for 771 houses and flats (including 40% affordable) in an Opportunity Area in Greenwich because of the scheme’s design failures and associated conflict with the aims and vision of the Royal Borough’s Charlton Riverside Supplementary Planning Document. Read more

Morag Ellis QC

Morag Ellis QC Appointed as Dean of the Arches and Auditor

Chambers is delighted with the announcement today by the Archbishops of Canterbury and York of the appointment of Morag Ellis QC as Dean of the Arches and Auditor. Read more

James Pereira QC
Daisy Noble

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

Sarah Sackman
Charles Merrett

Sevenoaks District Council Granted Permission to Judicially Review Decision of Local Plan Inspector

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

Andrew Tait QC
Ned Westaway
Gregory Jones QC
Merrow Golden
Mark Westmoreland Smith

High Court Dismisses Claim in Drax Challenge

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 [2020] EWHC 1303 (Admin)). Read more

Melissa

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

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