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.
High Court Reaffirms Exclusivity Principle, Striking Out Abusive Part 8 Permitted Development Rights Proceedings
In striking out the claim form in T & P Real Estate, Limited v London Borough of Sutton PT-2019-000766, the High Court has acted firmly against abusive claims by developers who seek to circumvent the proper avenues for challenging local authority planning decisions. Read more
Central Bedfordshire’s Approach to Reject Standard Methodology in Favour of its SHMA Upheld in Dismissal of Gladman’s Henlow Appeal (Again)
A refusal by Central Bedfordshire Council of planning permission for 135 homes on agricultural land on the outskirts of Henlow has been upheld on appeal by the Secretary of State’s inspector, Diane Lewis (appeal ref: APP/P0240/W/16/3164961). Read more
A ratepayer has secured a large refund of rates by establishing that it was not in rateable occupation when the rates were paid. Another party was in occupation of other parts of the premises. In Atos IT Services Ltd v Fylde BC  EWHC 647 (QB) the High Court ruled that this meant that neither party was in rateable occupation, and as such the ratepayer was entitled to a refund in principle (which the local authority subsequently agreed to provide, with costs). The judgment reviews all the authorities on partial occupation going back to the nineteenth century and is due to be included in the law reports. Read more
On 9 April 2020, the Secretary of State for Housing, Communities and Local Government dismissed an appeal against the refusal of planning permission by South Cambridgeshire District Council for a large business park proposed for the Agri-tech sector on open farmland near Hinxton. Read more
The Court of Appeal has remotely handed down its first electronic-only planning judgment under the Covid-19 Protocol: Hook v SSHCLG  EWCA Civ 486. The case related to the decision of a planning inspector to refuse an appeal relating to an application made under s.73A for the erection of an occupational worker's dwelling “ancillary to use of the land for agricultural purposes”. The problem was that neither the local planning authority, nor the planning inspector, considered that the building was justified by an agricultural need, or was otherwise “for agriculture” for the purposes of NPPF policy on the Green Belt. Read more
On 20 March 2020 the Secretary of State for Business, Energy & Industrial Strategy granted development consent for the construction and operation of a new 22.5km 132kv electrical circuit between SP Manweb’s existing substations at Oswestry and Wem in North Shropshire, following an examination and a report recommending the grant of development consent. Mark Westmoreland Smith acted for SP Manweb. Read more
Following hearing sessions over the winter, the Inspector examining Eastleigh Borough Council’s Local Plan has recommended to the Council that it deletes the Strategic Growth Option (SGO) in the Plan. Read more
The new third edition of Gadsden & Cousins on Commons and Greens has just been published by Sweet & Maxwell as part of its Property and Conveyancing Library series. The book explains what qualifies as a village green or common land and the rights and responsibilities that follow from such a classification. It discusses what is and is not permitted on common land and village greens under the current law, including the use and development of the land. Read more