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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.

Isabella Tafur

Permission Has Been Refused for a Major Development on the Olympic Park Legacy Site on the Basis of Its Poor Design

Planning permission has been refused for 343 homes (including 58% affordable) and commercial space in the Olympic regeneration site and Opportunity Area of Pudding Mill. The London Legacy Development Corporation refused permission for the scheme on the basis of its poor design. Read more

Sarah Sackman
Merrow Golden

High Court to Consider if the Planning Policy on Traveller Sites 2015 is Unlawfully Discriminatory

On 10th and 11th December 2020, the High Court will hear Lisa Smith v Secretary of State for Housing, Communities and Local Government – which raises questions of significant public interest concerning discrimination against Gypsies and Travellers. Read more

Gregory Jones QC
Esther Drabkin-Reiter

High Court Quashes Grant of Planning Permission for Residential Skyscraper in Birmingham

The High Court has quashed the grant of planning permission by Birmingham City Council for what would be the second tallest building in the city of Birmingham, a proposed 51 storey residential block in the city centre and in close proximity to the new HS2 station at Curzon Street, following a concession by the Defendant City Council acknowledging the unlawfulness of the grant. The application documentation had been criticised by both Historic England and the Victorian Society for its failure to consider correctly the impact on neighbouring heritage assets. Read more

Alexander Booth QC
Rebecca Clutten

Dreamland, Margate - Compensation Claim For Loan Financing Rejected

In a decision dated 17 November 2020 the Upper Tribunal (Lands Chamber) has rejected a claim for compensation against Thanet District Council, regarding interest which the claimant companies alleged had accrued in respect of a loan against premises which were compulsorily acquired. Read more

Merrow Golden

Successful Prosecution for Obstruction of a Highway

Kent County Council has successfully prosecuted a large-scale developer for unlawfully obstructing, and disturbing the surface of, a restricted byway running through its development site. The developer had, inter alia, built buildings over the route of the highway, blocking its use for users of the rights of way network. Read more

Horatio Waller
Hugh Flanagan

High Court Severs 1799 Inclosure Award to Affirm Public Bridleway

The ancient documents by which the inclosure process was undertaken continue to give rise to fresh debate, as is demonstrated from the judgment handed down today by Mrs Justice Lieven DBE in Craggs v SoS and Others [2020] EWHC 3346 (Admin).  Read more

Lord Kerr of Tonaghmore

Lord Kerr

It is with enormous sadness that we have learnt of the death of Lord Kerr of Tonaghmore on 1 December 2020. Read more

Isabella Tafur

The Court of Appeal Considers When An Unsuccessful Litigant Must Accept “No” For An Answer

The Court of Appeal has today handed down judgment in R(on the application of Wingfield) v Canterbury City Council [2020] EWHC 1975 (Admin). Read more

Kingsland Cup and Prize Moot Goes Live

We are delighted to announce that the annual FTB Kingsland Cup and Prize Moot competition is now open to teams of undergraduate, GDL, LPC and BPTC students. With moots covering European, environmental and public law, the competition will take place over three rounds. The first round sees entrants judged on their skeleton arguments, with the top-scoring teams appearing at the semi-final in London before a distinguished high court judge either in person in a full mock court or virtually. Read more

Merrow Golden

Definitive Map Modification Order in Middle Rasen, Lincolnshire Confirmed

This DMMO application concerned a historical public footpath in Middle Rasen, Lincolnshire.  The underlying section 53 application was made back on 5 August 1987.  Whilst the order-making authority determined to make the order on 2 September 1988, the order was not, in fact, made until almost 30 years later, on 12 June 2017.  The order-making authority also chose not to support the order’s confirmation – initially objecting to it and then adopting a neutral stance. Read more