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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.

Sir John Drinkwater QC

We are sad to announce the death of our former member of Chambers, Sir John Drinkwater QC, who has died at the age of 94. Sir John had a remarkable career. He served on the Arctic convoys and in submarines during the Second World War. Subsequently, he was Flag Lieutenant to the First Sea Lord (Lord Fraser of North Cape). After joining Chambers he became one of the leading practitioners at the Planning Bar and at the Parliamentary Bar, taking silk only 15 years after his call. He was involved in many of the leading cases of his day including the Channel Tunnel Bill, the inquiries on Sizewell B, the National Gallery Extension and the King’s Cross Fire and the Fares Fair litigation in the House of Lords. Read more

Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building
John Jolliffe, planning, environmental and public law barrister at Francis Taylor Building
Ned Westaway, planning and environmental law barrister at Francis Taylor Building

Important New Case on Demolition of Buildings in Conservation Areas

Mr Justice Kerr has handed down judgment in Tower Hamlets v SSHCLG [2019] EWHC 2219 (see judgment here), a case that concerned the unlawful demolition of three unlisted dwellings in the Coldharbour Conservation Area on the Isle of Dogs.  Notwithstanding the poor condition of the buildings prior to the demolition, the local planning authority decided to issue planning enforcement notices requiring their facsimile reconstruction.  On appeal, the Interested Party, Angelic Interiors Limited (in administration) – which was not responsible for the demolition – successfully argued before a planning inspector appointed by the Defendant (“the Inspector”) that retrospective planning permission should be granted for demolition. Read more

Annabel Graham Paul

Housebuilder and Tree Surgeon Convicted of Felling a Prominent Redwood and Ancient Woodland

Following a two day trial in Swansea, housebuilder Enzo’s Homes Ltd., their director Fiorenzo Sauro and tree surgeon Arwyn Morgan have been convicted of felling a prominent redwood and a substantial area of Ancient Woodland protected by TPO at Penllergaer Woods Read more

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

Major Office Redevelopment of Historic Wharf Inquiry

Following a public inquiry, an Inspector has dismissed a s.78 appeal against the decision of the London Borough of Islington to refuse permission for a major office redevelopment scheme of some 11,000 sqm at Regent’s Wharf, Kings Cross on heritage and amenity grounds. The proposal involved the redevelopment of the Regent’s Wharf office complex and the remodelling of the locally listed late-19th century Victorian wharf buildings which abut the Regent’s Canal. The Inspector agreed with the local planning authority and Historic England that the buildings are major contributors to the character and appearance of the Regent’s Canal Conservation Area. The contemporary modifications to the roofline, windows and elevations of the Victorian buildings “would affect key aspects of the archaeological, architectural and historic character of the Conservation Area and harm its significance” as well as causing harm to the non-designated assets. Applying the tests in the NPPF, the Inspector concluded that the public benefits of the scheme would not outweigh the harm to the Conservation Area. Read more

Richard Honey, public and environmental law barrister at Francis Taylor Building

Tribunal Decision on Hinkley Point C Compensation Claim

The Upper Tribunal Lands Chamber (Judge Elizabeth Cooke and Mr Peter McCrea FRICS) has issued its preliminary issue decision on the permissibility of four heads of claim, totalling some £2.6 million, in the case of 599 Developments Ltd v NNB Generation Co (HPC) Ltd [2019] UKUT 235 (LC).  The Claimant was the owner of the long leasehold interest in land formerly used as a lorry park at Williton in Somerset, part of which was compulsorily acquired by NNB Generation Co under the Hinkley Point C (Nuclear Generating Station) Order 2013.  The land was required for a park and ride facility in connection with the construction of the new nuclear power station.  Read more

Richard Honey, public and environmental law barrister at Francis Taylor Building

High Court Considers When Policies Can Be Out of Date for NPPF Para 11(D)

Mr Justice Dove has handed down judgment in the case of Peel Investments North Ltd v SSHCLG & Salford CC [2019] EWHC 2143 (Admin).  The judgment deals with the circumstances in which development plan policies could be out-of-date for the purpose of triggering the tilted balance in paragraph 11(d) of the NPPF, and the right approach to considering whether there is a five year housing land supply for the purposes of paragraph 73 of the NPPF.  The case concerned proposals for up to 600 homes, a marina and other development, in Worsley in Salford.  The Secretary of State had rejected the developer’s appeal and refused planning permission.  Dove J upheld the Secretary of State’s decision and dismissed the High Court challenge.  Read more

Richard Honey, public and environmental law barrister at Francis Taylor Building

People Over Wind Confirmed by the High Court

Mr Justice Dove has handed down judgment in the case of Gladman v SSHCLG & Medway Council [2019] EWHC 2001 (Admin).  The case concerned an appeal seeking planning permission for a development of 225 houses near Cliffe Woods in Kent.  The appeal was decided by the Secretary of State after the CJEU decision in People Over Wind and whilst the October 2018 ‘Technical consultation on updates to national planning policy and guidance’ was underway.  The technical consultation dealt with, amongst other matters, the effect of People Over Wind on the provisions of the National Planning Policy Framework (NPPF) and the calculation of local housing need using the 2016 household projection figures.  Read more

Gary Grant, licensing barrister at Francis Taylor Building

Southwark Grants 3am Premises Licence for New Live Music Venue as an Exception to Cumulative Impact Policy

The Peckham Cultural Quarter in South London is emerging as an important hub for music, media, cinema, restaurants and small arts-based businesses. But what South London has lacked, until now, was a significant new small to mid-size live music venue focused on emerging grassroots Indie talent. Read more

Daisy Noble

Planning Permission for up to 30 Homes near Bedford Refused on Appeal

Planning permission has been refused for up to 30 dwellings on the edge of the village of Cople near Bedford, despite the Council having no five year housing land supply. The main issues at the inquiry concerned the impact of the proposals on the character and appearance of the area and whether the site would be a suitable location for new housing, having regard to social and physical infrastructure in the locality.  Read more

Charles Streeten, planning barrister at Francis Taylor Building
Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building

High Court Quashes Planning Permission in Brent Mosque Case

Lang J has handed down judgment in Ikram v Secretary of State for Housing Communities and Local Government [2019] EWHC (Admin). The Claimant, Mr Ikram, lived at 854 Harrow Road. Adjacent to 852 and 856-858 Harrow Road. 856-858 Harrow Road were constructed as two semi-detached dwelling houses and were in residential use for many years.  In 2007 use of 856-858 Harrow Road was regularised for use as a place of worship and community centre by subsequent grants of retrospective planning permission. Read more