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.
Court of Appeal Confirms Use Permitted Must be Limited to That Applied for
The Court of Appeal has handed down judgment in Ikram v Secretary of State for Housing and Communities & Another [2021] EWCA Civ 2 and in doing so has upheld the decision of Lang. J to quash an Inspector’s decision letter granting planning permission for use of land in Brent as a Mosque. Read more
Divisional Court Provides Important Authority on the Requirements for Charges under s. 179 of the Town and Country Planning Act 1990
In Ceredigion County Council v Robinson (No 2) [2020] EWHC 3425 (Admin), the Divisional Court (Stuart-Smith LJ and Jefford J) have held that an information under s. 179 of the Town and Country Planning Act 1990 does not need expressly to state the date by which an enforcement notice should have been complied with. Authority to the contrary, Maltedge and Frost v Wokingham DC [1992] 64 P & CR 487, is no longer good law in light of the changes to the statutory wording of s. 179 since it was decided. Read more
Permission Granted in Pro Bono Judicial Review Brought by Parent at SEN School
The High Court has granted permission to proceed with a judicial review of the decision of Thanet District Council to grant planning permission for 38 residential dwellings adjacent to a Special Educational Needs school in Kent. The Claimant is a parent of a child at the school. Read more
Victory for Anglian Water in Bathing Water Quality Judicial Review
Anglian Water Services Limited have succeeded in their judicial review of the Environment Agency’s classification of a number of popular Lincolnshire bathing waters within Anglian Water’s region under the Bathing Water Quality Regulations 2013. The bathing waters at Cleethorpes, Humberston Fitties and Ingoldmells South beaches had all formerly been classed as “excellent” but were downgraded to merely “good” after the Environment Agency included samples in their annual assessment of bathing water quality which had been taken in June 2019 at a time of torrential rain and flooding. Read more
Permission Granted in Judicial Review Challenge Involving Natural England ‘Nutrient Neutrality’ Advice Note
Mrs Justice Lang DBE has this week granted permission on all eight grounds in R (Brook Avenue Residents Against Development) v Fareham Borough Council and (1) Lorraine Louise Hanslip; (2) Michael Hanslip; (3) Thomas Lewis Hanslip; (4) Natural England (CO/4168/2020). Read more
Olympic Sized Ice Centre Redevelopment Given the Nod
Waltham Forest Council has resolved to grant planning permission for a new ice venue in East London. The Lee Valley Ice Centre would be built on the site of the current single pad venue in Lea Bridge Road, Leyton. Read more
Permission Granted for Challenge to Response of Statutory Consultee
The High Court has granted permission to judicially review the decision of Norfolk County Council to formally respond as statutory consultee, in their capacity as Highways Authority, to an application for planning permission submitted by Ben Burgess Ltd to South Norfolk District Council for the development of a new operational headquarters. Read more
Court of Appeal Upholds Extensions of Time for Prior Approval
The Court of Appeal has handed down judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWCA Civ 1756 and has upheld the judgment of Holgate J. in [2020] EWHC 161 Admin. Read more
R (oao Coventry Gliding Club Limited)
The High Court has handed down judgment on the appropriate remedy to be granted to a Claimant Gliding Club who had successfully challenged the lawfulness of a Council’s decision to grant prior approval for development only for all parties to discover (after the hearing was completed) that the decision had been of no legal effect because it had been notified out of time such that the developer had acquired the right to proceed with the development by virtue of paragraph W(11) of Schedule 2 to the GPDO. Read more
Permission Refused for Redevelopment of the Former Hampstead Police Station as a Primary School
A Planning Inspector has dismissed two joined appeals brought by the Government’s Department for Education and Science against decisions of the London Borough of Camden refusing planning permission and listed building consent for a change of use and associated works to convert the Grade II listed Former Hampstead Police Station at Rosslyn Hill, London NW3 1PD into a one form entry Primary School. Planning permission and listed building consent had been refused on four grounds: negative impacts in terms of traffic congestion, noise, air quality and heritage value of the existing building. As well as the main parties, a local residents’ group, Hampstead Community for Responsible Development (HCRD) participated in the appeals as a Rule 6 party. Read more