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.
Successful Pro Bono Judicial Review to Protect SEN School
The High Court has today handed down judgment in R (G) v Thanet District Council & Anor [2021] EWHC 2026 (Admin), a judicial review brought to protect the interests of pupils at a Special Educational Needs school in Kent on grounds including apparent bias, unlawful delegation and inadequate assessment. Read more
Challenge to Parole Board’s Refusal to Grant Release Dismissed
Mr Justice Jacobs has dismissed a judicial review challenge to the Parole Board’s decision to refuse a prisoner’s release in circumstances where that prisoner has continued to maintain his innocence in relation to the crime he was convicted of. Read more
Secretary of State Rejects Major Central London Development at 8 Albert Embankment
The Secretary of State has refused planning permission for a major London redevelopment of the former London Fire Brigade Head Quarters at 8 Albert Embankment. Read more
A Nine Day Inquiry Into to the Cross-boundary Development Known as South West Milton Keynes has Concluded
The South West Milton Keynes Consortium (comprised of Taylor Wiimpey; Bellcross; Connolly Homes; Hallam Land and William Davis) appealed against the refusal of planning permission by Milton Keynes Council for two access roads to facilitate the delivery of over 1,800 homes on a site in Buckinghamshire. Read more
Chambers Congratulates Ned Westaway on his Election as Chair of the UK Environmental Law Association (UKELA)
Chambers is delighted that the UK Environmental Law Association (UKELA) elected Ned Westaway as Chair in December 2020 and he formally takes up the role this week, having been a Vice Chair for the last two years. He succeeds Kirsty Schneeberger MBE whose term ended at the annual conference last week. Read more
Chairman of the Manchester Arena Inquiry Publishes Volume 1 of Report
The Chairman of the Manchester Arena Inquiry, The Hon Sir John Saunders, has published Volume 1 of his Report into the terrorist attack which took place on 22nd May 2017. Between September and December 2020 the Inquiry heard detailed evidence about the security arrangements at the Arena and the extent to which various parties exercised their roles by virtue of different legislative, contractual or licensing requirements. Volume 1 contains the Chairman’s findings in relation to the adequacy of those arrangements. Read more
High Court Finds That PPTS Definition of “Gypsies and Travellers” is Not Unlawful
Mr Justice Pepperall has today handed down judgment in Lisa Smith v The Secretary of State for Housing, Communities and Local Government and others [2021] EWHC 1650 (Admin) – a case raising questions of significant public interest concerning discrimination against Gypsies and Travellers. Read more
Challenge to New UK Emissions Trading Scheme Dismissed
Mr Justice Dove has handed down judgment in the case of R (Elliott-Smith) v Secretary of State for Business, Energy and Industrial Strategy & others [2021] EWHC 1633 (Admin), dismissing a judicial review of the decision to implement a new UK emissions trading scheme (UK ETS). Read more
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
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