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.
Another Permission Success for Newton Longville Parish Council Challenging AVDC Planning Process
Newton Longville have again been granted permission to apply for judicial review in a challenge to Aylesbury Vale DC’s planning decision making. (Their previous success was to the Council’s purported delegated authority in giving permission for another development in the Parish – the report on which received the greatest number of hits for that week in Local Government Lawyer). Read more
Divisional Court Dismisses Institute of Chartered Accountants JR of Lord Chancellor’s Refusal to Approve Accountants as Legal Services Regulator
Legatt LJ and Andrews J, sitting as a Divisional Court, have handed down judgment in R (ICAEW) v Lord Chancellor [2019] EWHC 461 (Admin) dismissing a challenge by the Institute of Chartered Accountants of England and Wales (“ICAEW”) to the Lord Chancellor’s decision, contrary to the recommendation of the Legal Services Board (“LSB”), to reject their application to become an approved regulator and licensing authority under the Legal Services Act 2007. Over the course of the last 25 years the ICAEW has become a designated regulator under various statutes in the areas of audit, insolvency and investment business, subject to oversight by the Financial Reporting Council, the Insolvency Service and the Financial Conduct Authority. Read more
Important High Court Judgment on PPG
Mrs Justice Lieven has handed down judgement in R (Solo Retail) v Torridge DC [2019] 489 (Admin) The Claimant operates a large out of town retail outlet. It judicially reviewed the grant of planning permission for a 32,500sqft rival retail outlet, B&M Stores, in a neighbouring location. The claim was brought on the on the basis that the developer's retail impact assessment ("RIA") had failed properly to assess the convenience element of the proposed new store, and that the Council had failed properly to condition that element of the scheme. In particular, the Claimant relied on the fact that the emerging local development plan, which had been examined and found sound but not adopted, required a retail impact assessment of development in excess of 250sqm to support the submission that the developer had been required to carry out a "full RIA" of the 314sqm convenience element of the scheme. Read more
Judicial Review Claim Against Permission for a New Homeless Night Shelter Dismissed
The High Court has dismissed a claim for Judicial Review against the London Borough of Islington which had granted planning permission for a night shelter operated by the charity Shelter From the Storm to alleviate homelessness. The main ground related to the enforceability of a planning condition which required a review of the shelter’s operations to be submitted after a year of commencing operations and if necessary for the operation management plan to be amended and updated by written approval of the LPA. Based on the now well-established approach for interpreting planning conditions Trump v Scottish Ministers, the Court held the condition was clear, unambiguous and enforceable Read more
Three Members of FTB Rating Team Appear in Supreme Court
Three barristers from FTB have appeared in the Supreme Court in the case of Hewitt (VO) v Telereal Trillium, a case dealing with the correct approach to the valuation of a vacant public sector office building in Blackpool known as Mexford House. Hugh Flanagan, led by Hui Ling McCarthy QC, appeared for the Appellant valuation officer; Richard Glover QC and Cain Ormondroyd appeared for the Respondent ratepayer, seeking to uphold the nominal valuation ordered by the Court of Appeal. Read more
Mark Hill QC delivers 2019 Robin Sharwood Lecture in Australia
Mark Hill's overseas tour which has taken him to Singapore, Vietnam, Cambodia, Laos, Thailand and Indonesia concluded this week in Australia when he delivered the 2019 Robin Sharwood Lecture in Church Law. Large audiences attended Trinity College, Melbourne on 20 February and St James Institute, Sydney, on 21 February to hear him speak on Anglican Canon Law: Identity, Ecclesiology and Ecumenism. He also led seminars for Diocesan Chancellors which it is hoped will lead to further cross-jurisdiction exchanges in the future, particularly as the Principles of Canon Law Common to Churches of the Anglican Communion are revised in readiness for the Lambeth Conference of 2020. The Annual Lecture is made possible through the Robin Sharwood Bequest and will be published later this year. Read more
Court of Appeal to Consider Calculation of Housing Need in Local Plans
Permission to appeal has been granted against the judgment of Nathalie Lieven QC (as she then was) in the case of CPRE Surrey v Waverley BC [2018] EWHC 2969 (Admin). The case concerns Waveley Borough Council’s decision to accept an inspector’s recommendation to increase the housing requirement in its local plan by 3,150 dwellings to accommodate unmet need arising from Woking borough. In granting permission, Singh LJ commented that there is a compelling reason for CPRE’s appeal (together with a concurrent appeal by campaign group POW) to be heard and that the case raised issues of principle of general importance. Read more
Permission Granted for Challenge to Oxford-Cambridge Expressway Corridor Decision
On 12 September 2018 the Department for Transport accepted the recommendations of Highways England as to the preferred corridor area for the new Oxford to Cambridge Expressway road. The Berks, Bucks and Oxon Wildlife Trust sought judicial review of the decision on three grounds: (1) the decision should have been subject to a formal environmental assessment process under EU Directive 2001/42/EC on strategic environmental assessment (“SEA”), (2) the decision should have been subject to appropriate assessment under the Directive 92/43/EEC on habitats, and (3) by failing to carry out full public consultation on the route corridor options the Secretary of State acted in breach of a legitimate expectation generated by the UK’s ratification of the Aarhus Convention, in particular Article 7 of that Convention. Read more
Wilson & Ors v The Prime Minister & Anr Live on Courts and Tribunals YouTube Channel
This appeal is currently being broadcast live via the Courts and Truibunals Judiciary website: Professor Pavlos Eleftheriadis is appearing as junior to Jessica Simoor QC for the appellant in this application for permission to appeal the Order of Ouseley J (10 December 2018) that refused a renewed application for permission to apply for judicial review. The Appellants are four individuals who challenge the lawfulness of the referendum and the lawfulness of the decision to give and the giving of notice under Article 50 on the grounds that each was vitiated because of illegal practices in the referendum by Leave campaigners. Read more
Court of Arches Orders Demolition of Spitalfields Nursery
In a much anticipated judgment which brings to an end years of litigation concerning the future of a nursery and community building unlawfully erected in the disused, but consecrated, burial ground of Christ Church, Spitalfields, the Court of Arches has ordered that a restoration order be made with the effect that the nursery is to be demolished by February 2029. Read more