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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.

Sarah Sackman

R(oao Flynn) v London Borough of Southwark – Court of Appeal Gives Guidance on Approach to Members’ Delegation to Officers to Negotiate s.106 Agreements

The Court of Appeal handed down judgment for the Respondents in this challenge to the grant of planning permission for the major redevelopment of the Elephant and Castle. The scheme will deliver almost 1000 new homes of which 116 will be for social rent.  Read more

Douglas Edwards QC
George Mackenzie
Philip Petchey

Further Guidance on the Meaning of “Curtilage”

In Hampshire County Council v Secretary of State for the Environment [2021] QB 81, the High Court (Holgate J) gave important new guidance on the meaning of curtilage. The Court of Appeal has now endorsed his approach, albeit with modifications: see [2021] EWCA Civ 398. The case is required reading for anyone concerned with the issue of the meaning of curtilage in the context of planning or one of the many statutes that uses the term (the case itself was on the Commons Act 2006). The landowner is now seeking permission to appeal from the Supreme Court, so watch this space! Read more

Douglas Edwards QC
Alexander Greaves

High Court Quashes Inspector’s Decision Allowing Appeal Against CIL Late-payment Surcharge Liability

Mrs Justice Thornton has today handed down a judgment in Lambeth LBC v Secretary of State for Housing Communities and Local Government; and Thornton Park Ltd [2021] EWHC 1459 (Admin). The case raised an important point about the calculation of the date when payment is due under the Community Infrastructure Levy Regulations 2010 and the operation of late-payment surcharge liability under regulation 85 Read more

Rebecca Clutten

Derby City Centre CPO confirmed

The Ministry of Housing Communities and Local Government has confirmed the Derby City Council (Castleward) CPO 2020. The Order relates to an area known as Castleward, within Derby City Centre and in close proximity to the train station. It was promoted to enable the replacement of the existing secondary and tertiary commercial accommodation with more than 500 new, high quality homes. Read more

James Pereira QC
Caroline Daly
Richard Glover QC

CAADs, Curzon Street and the Court of Appeal – HS2’s Appeal Dismissed

The Court of Appeal has dismissed an appeal (Secretary of State for Transport v Curzon Park Ltd and others [2021] EWCA Civ 651) made by the Secretary of State for Transport against a decision of the Lands Chamber in respect of a preliminary issue in four cases relating to neighbouring sites compulsorily acquired for the construction of the HS2 Curzon Street terminus in Birmingham Read more

Guy Roots QC
Alexander Booth QC
Rebecca Clutten
Daisy Noble

HS2 - Claimants and Acquiring Authority Agree Settlement in Largest and Most Complicated Compensation Claim to be Brought Before the Tribunal

Following the compulsory purchase for HS2 of the four 1960s Seifert-designed office buildings adjacent to the entrance to Euston Station (now largely demolished), the reference to the Upper Tribunal (Lands Chamber) to determine the compensation (which was due to be heard in the Tribunal for six weeks in June with some 15 experts on each side) has been the subject of a settlement between the Claimants (Euston Estates Ltd and Balfe Ltd ) and the Acquiring Authority (Secretary of State for Transport) as a result of which the reference has been withdrawn. Read more

Gary Grant

Gary Grant A Key Contributor to Pleasant Lands – a Report Promising a Solution to ‘Draconian, Pointless’ Hemp Legislation

A new report, Pleasant Lands, coordinated by third sector drug policy reform organisation Volteface has today been released, promising a solution to ‘draconian, pointless’ hemp legislation.  Read more

Douglas Edwards QC
Meyric Lewis

Coombe Hill Inquiry Closes

The inquiry has closed into Robert Hitchins/Bloor Homes’ non-determination appeal for 95 houses at Coombe Hill on the A38 near Tewkesbury.  The application was made initially for 150 houses but was reduced in the light of objections from Natural England on ecological grounds and Gloucestershire County Council who sought education contributions to address the impact of development on local school Read more

Charles Merrett

High Court Quashes Response of Statutory Consultee

Mrs Justice Lang DBE had today handed down judgment in R (Swainsthorpe Parish Council) v Norfolk County Council [2021] EWHC 1014 (Admin) – judgment available here – in the first case to consider the lawful scope of a statutory consultation response under the Town and Country Planning (Development Management Procedure) (England) Order 2015. Read more

Horatio Waller

High Court Quashes Inspector’s Decision Allowing Change of Use Without Appropriate Conditions

Mr Justice Knowles today handed down his judgment in Manchester City Council v SSHCLG  [2021] EWHC 858 (Admin). Read more