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.
Islington Succeeds in Important High Court Challenge to Secretary of State’s Approach to Immunity from Enforcement Action
The London Borough of Islington has overturned a planning Inspector’s finding that development was immune from enforcement action in the High Court. Read more
The report of the Panel of Inspectors appointed to examine the soundness of the proposed new London Plan has been published by the Mayor of London. One of the most significant of the conclusions of the Panel was to find unsound the Plan’s reliance on small sites and the introduction of a presumption in favour of development of such sites. The effect of the Plan’s approach would have been to increase substantially the quantum of housing in Outer London Boroughs, with the potential to give rise to a transformative effect on the character of these suburban areas. The West London Alliance of Boroughs in Outer West London objected to the soundness of this approach and appeared at the Examination hearings. The Alliance’s case was in large measure accepted by the Panel. Read more
An inspector allowed an appeal granting planning permission for the change of use of an existing building in southeast London from storage (class B8) to residential (class C3) to provide 2 x three bed, 6 x one bed, and 1 x studio residential units together with the construction of a mansard roof extension to create a second floor, a 2 storey extension to the side and installation of replacement windows and doors Read more
Chambers Congratulates Rebecca Clutten on Her Appointment as Chair of the Compulsory Purchase Assocation
Chambers is pleased to announce that, following a successful year as Vice Chair, Rebecca Clutten has recently assumed the Chairmanship of the Compulsory Purchase Association for the year 2019/2020. In doing so, she continues a long and fruitful association between Chambers and the CPA, whose past Chairmen have also included Meyric Lewis and Richard Honey. Read more
In a very widely publicised decision, Annabel Graham Paul has successfully prosecuted a property developer and his tree surgeon for felling a giant redwood and 72 other trees in Swansea in breach of Tree Preservation Orders. Read more
High Court Refuses Permission for Challenge to Inspector’s Treatment of 5 Year Housing Land Supply Issues
Mrs Justice Lang has refused permission for statutory review of the decision of an Inspector, refusing two planning applications for residential development of up to 220 dwellings in Central Bedfordshire. The case raised issues concerning the application of the tilted balance and the Standard Method for the calculation of housing requirement within the National Planning Policy Framework (NPPF). Read more
In a decision letter dated 9 October 2019 the Secretary of State determined to grant development consent for a strategic railfreight interchange, on land lying to the west of Northampton. Read more
Mr Justice Andrew Baker handed down judgment in Corkish v Berg offering welcome clarity on the construction of a “dwelling” under section 3 of the Local Government Finance Act 1992 and the proper approach to the “splitting” of a single dwelling into multiple dwellings. The Respondent ratepayer was the occupier of a single main dwelling which was entered into the Council Tax list at band F. The Respondent had made a series of improvements to his property over the years which had resulted in a material increase in value however no change was made to the list. This was due to the regulation 3 of the Council Tax (Alterations of Lists and Appeals) Regulations 2009 which provide that no alteration may be made to the list unless there is a material increase in value and a relevant transaction. The Respondent then built an Annexe to the main dwelling which he rented separately. It was common ground that the Annexe was in separate rateable occupation and thus constituted a new s.3 dwelling. Read more
The inquiry has opened into proposals for a new “cultural quarter” at the heart of the Colchester town centre conservation area. Colchester is the UK’s oldest recorded town. The conservation area boasts an exceptional concentration of heritage assets including Grade I and II* listed buildings and scheduled ancient monuments such as the Roman town walls and the 12th century St Botolph’s Priory. Read more
In a decision letter dated 11 October 2019, ‘The Council of the City of Coventry (Coventry Station Warwick Road Car Park and Adjacent Land City Centre) Compulsory Purchase Order 2019’ (“the CPO”) has been confirmed without modifications. Read more