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.
Nottingham City Council (Appellant) v Parr and another (Respondents)  UKSC 51 (On appeal from  EWCA Civ 188)
Following a decision of the Court of Appeal, the Supreme Court has similarly unanimously dismissed an appeal by the Appellant concerning the conditions imposed and the minimum dimensions applicable to licensing a house in multiple occupation which is to be occupied by students. Section 64(3)(a) of the Housing Act 2004 indicates that the purpose of the imposition of conditions is to make a house reasonably suitable for occupation by not more than the maximum number of households or persons in the licence application. Section 67(1)(a) provides that a licence may include such conditions as the local authority considers appropriate for regulating all or any of the “management, use and occupation of the house concerned”. Section 67(2) sets out a non-exhaustive list of permitted conditions including “conditions imposing restrictions or prohibitions on the use or occupation of particular parts of the house by persons occupying it”. The natural meaning of the words in the Act were found to be sufficiently wide and consistent with the object and purpose of the Act and included the conditions imposed by the Tribunals and the Court of Appeal. Read more
This morning the Supreme Court of the United Kingdom delivered its long-awaited judgment in Lee v Ashers Baking Co Ltd  UKSC 49. The case had already made history in that it marked the first occasion that the Court had sat to hear oral argument in Belfast. The issues can be shortly stated, although the ramifications of the decision for the competing rights and interests of sexual orientation, freedom of belief and “compelled speech” may take some working out in the months and years ahead. Read more
FTB is delighted to announce that Daisy Noble and Charles Merrett have accepted invitations to join Chambers. Daisy and Charles each completed a 12 month pupillage with us and join as tenants today, Wednesday 3 October 2018. Read more
R. (oao Network Rail Infrastructure Ltd.) v Secretary of State for Environment, Food and Rural Affairs  EWCA Civ 2069 In a judgment given by Lord Justice Lindblom (Lewison LJ dissenting) the Court of Appeal has dismissed the appeal of the Secretary of State for the Environment, Food and Rural Affairs made against the decision of Holgate J to quash the decision of an Inspector not to confirm a stopping up order made under s.257 of the Town and Country Planning Act 1990. The appeal considers whether a planning condition, properly construed, prevented confirmation of the stopping-up order on the basis that it contemplates development proceeding even in the event of non-confirmation. Read more
Appeal Allowed and Outline Permission Granted following Previous Determination of Appeal and Subsequent Quashing by High Court
Cooper Estates Strategic Land Limited’s appeal against Wokingham Borough Council has been allowed and outline permission for 57 residential dwellings granted. This follows a previous determination of the appeal, which was quashed by the High Court on 21 July 2017. The Inspector’s decision letter raises a number of interesting points. Read more
FTB is delighted to announce that Emyr Jones is joining Chambers as a tenant with immediate effect. Emyr was called to the Bar in 1999 and has practised in Cardiff until joining FTB. Before coming to the Bar he gained a first in PPE at Jesus College, Oxford and was a lecturer at Keble College whilst undertaking research in political philosophy. Read more
In a rare procedural step, Hastings Magistrates’ Court has summarily dismissed an appeal against the revocation of a premises licence following the failure by the Appellant to comply with Court directions requiring him to serve his evidence on the Respondent, Rother District Council. The case highlights a novel yet effective procedure open to licensing authorities faced with recalcitrant appellants abusing their statutory right to appeal licensing decisions in the magistrates’ courts. Read more
Professor Mark Hill QC is concluding a short series of lectures in South America. It began in Rio de Janeiro for the conference of the International Consortium for Law and Religion Studies of which he is Vice-President. Thereafter he attended a symposium at Mackenzie Presbyterian University in Sao Paulo, and gave a guest lecture on Religious Freedom in the United Kingdom, at Uberlandia University, Brazil at the invitation of Professor Rodrigo Vitoria Souza Alves. His visit now concludes in Buenos Aires at G20 Interfaith Forum. Argentina currently chairs the G20 and the Interfaith Forum is designed to explore religious contributions towards sustainable development. Lord Williams of Oystermouth, formerly Archbishop of Canterbury, opened the Forum with a powerful theological reflection on the centrality human dignity. Mark was charged with leading the a cohort focussing on religion in the workplace, drawing recommendations for the G20 governments on ensuring reasonable accommodation. The expert panel also included Carlo Custer, Former Secretary General, World Confederation of Labour, Argentina, Professor Richard Foltin, Senior Scholar, Religious Freedom Center, Washington DC, and Juan Martin Vives, Universidad Adventista Del Plata, Argentina. Further details . Further details here. Read more
An Inspector has upheld an enforcement notice requiring demolition of a large new detached house in the Hertfordshire countryside. Planning permission had been granted for erection of the new dwelling on the site. However, the footprint of the dwelling, as it was constructed, was adjusted, without consent, so as to be closer to the boundary with an adjoining property. The development site was also re-profiled and raised without approval. The dwelling, as it had been constructed, was considered to have substantially adverse effect on the living conditions of adjoining occupiers. After a lengthy process of litigation by adjoining occupiers, including the quashing of an earlier decision letter, the matter eventually came to a head at an enforcement appeal. The Inspector in his decision letter dismissed the appeal, and upheld the notice. The decision letter, and the background to the appeal, is a salutary reminder of the hazards of a developer departing from the details approved through a planning permission without first securing approval. Read more