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.
Upper Tribunal (Lands Chamber) Strikes Out Appeal Against Refusal To Consider Application For A Caravan Site Licence – [2018] UKUT 0354 (LC)
Following a one day hearing in the Upper Tribunal (Lands Chamber), HHJ Huskinson has allowed the appeal of the London Borough of Havering against the refusal of the First-tier Tribunal to strike out Wyldecrest Parks (Management) Ltd’s appeal to the FTT against Havering’s refusal to consider Wyldecrest’s application for a caravan site licence in respect of land not benefitting from a grant of planning permission. Read more
Windmill Lap-Dancing Club Appeal Dismissed
Following a three day hearing in Westminster Magistrates’ Court, Senior District Judge (Chief Magistrate) Emma Arbuthnot has dismissed the appeal of Big Country Limited (the company owning and running the Windmill Club in Soho) against Westminster City Council’s decision to refuse to renew its Sexual Entertainment Venue Licence. Despite the company (controlled by the Owide family) having operated the club as a sexual entertainment venue for the past 24 years, the Judge agreed with Westminster that Daniel Owide (who has controlled the company since 2017, and who “was very properly extensively challenged by Mr Matthias QC about his past licensing activities”) was unsuitable to hold such a licence. David Matthias QC acted for Westminster City Council. Read more
Enforcement Notice Quashed and Planning Permission Granted for Mosque
An Enforcement Notice issued by the Council of the London Borough of Brent has been quashed and planning permission granted for development carried out. Read more
Supreme Court to Hear ‘Statutory Incompatibility’ Appeal
R. (on the application of Lancashire CC) v Secretary of State for Environment, Food and Rural Affairs and Bebbington; R (NHS Property Services Ltd) v Surrey County Council and Jones ([2018] EWCA Civ 721 [2018] 2 P. & C.R. 15) The Supreme Court (Lady Hale PSC; Lord Carnwath JSC and Lady Arden JSC) has granted permission to appeal against the decisions of the Court of Appeal handed down in March 2018. Read more
St John’s Wood Housing Appeal Dismissed
Westminster City Council has successfully resisted an appeal by Mansley Limited against the refusal of full planning permission for 3 residential dwellings - together with associated amenity space and landscaping works — adjacent to the St John’s Wood Conservation Area. Read more
New Judgment on Assessing Housing Land Supply
Justine Thornton QC, sitting as a Deputy High Court Judge, has given judgment in the case of Cheshire East Council v SSHCLG & Kirkham [2018] EWHC 2906 (Admin) concerning the assessment of five year housing land supply and the deliverability of sites within the claimed supply. Read more
Planning Permission for ‘The Hoxton’ Hotel on Shepherds Bush Green Quashed on Daylight Grounds
Ms Justine Thornton QC, sitting as Deputy High Court Judge, has quashed the London Borough of Hammersmith and Fulham’s grant of planning permission for a new hotel, ‘The Hoxton’, on Shepherds Bush Green. Local resident, Sabine Guerry, successfully argued that the daylight effects of the new building on her property and her neighbours’ properties on Pennard Road had not been properly assessed. 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 and BPTC students. Read more
Richard Honey named as Environment / Planning Junior of the Year 2018
We are delighted to announce that Richard Honey has been named Environment/Planning Junior of the Year 2018 by Chambers UK Bar Awards at the ceremony held on 25 October 2018. Senior Clerk, Paul Coveney who attended the awards ceremony said: “We are extremely pleased for Richard. He is highly regarded by clients for the breadth of his planning and environment practice. This is a richly deserved award.” Read more
Conditions Imposed on Wireless Festival Licence
The London Borough of Haringey has imposed additional conditions on Live Nation’s licence in Finsbury Park. Since its move to Finsbury Park, Wireless has been the cause of some controversy. Local residents have complained in particular of noise nuisance and anti-social behaviour including drug dealing and public defecation. As a result, the Friends of Finsbury Park made an application to review the licence held by the festival promoter, Live Nation. Read more