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.
Douglas Edwards QC Appointed as a Recorder
We are please to announce that Douglas Edwards QC has today been appointed as a Recorder. The appointment has been made by HM the Queen on the recommendation of the Lord Chancellor and of the Lord Chief Justice. Douglas has been assigned to the South Eastern Circuit and will be sitting in the Crown Court. The role of a recorder is not a full time judicial appointment but requires several weeks of judicial sitting each year. Douglas remains in full time practice at FTB. Read more
FTB Receives Two Nominations for Chambers and Partners Bar Awards 2019
Francis Taylor Building is delighted to receive two nominations for the Chambers and Partners Bar Awards 2019. Chambers has been nominated as Environment/Planning Set of the Year for the twelfth time. Rebecca Clutten has been nominated as Environment/Planning Junior of the Year. The Chambers Bar Awards will be held at The London Hilton, Park Lane on 31 October. Read more
Jeremy Phillips QC Appointed to LTA Disciplinary Panel
Chambers is pleased to announce that Jeremy Phillips QC has been appointed to the Disciplinary Panel of the Lawn Tennis Association. Jeremy brings to the role nearly four decades’ experience concerning the fitness and propriety of individuals in a wide range of activities, including sports, casinos, minicabs, sex entertainment, public houses, the security industry and amusement arcades. He also sat on the Law Commission panel addressing this issue in Taxi and Private Hire Services (Law Com 347). Read more
Important New Case on Demolition of Buildings in Conservation Areas
Mr Justice Kerr has handed down judgment in Tower Hamlets v SSHCLG [2019] EWHC 2219 (see judgment here), a case that concerned the unlawful demolition of three unlisted dwellings in the Coldharbour Conservation Area on the Isle of Dogs. Notwithstanding the poor condition of the buildings prior to the demolition, the local planning authority decided to issue planning enforcement notices requiring their facsimile reconstruction. On appeal, the Interested Party, Angelic Interiors Limited (in administration) – which was not responsible for the demolition – successfully argued before a planning inspector appointed by the Defendant (“the Inspector”) that retrospective planning permission should be granted for demolition. Read more
Sir John Drinkwater QC
We are sad to announce the death of our former member of Chambers, Sir John Drinkwater QC, who has died at the age of 94. Sir John had a remarkable career. He served on the Arctic convoys and in submarines during the Second World War. Subsequently, he was Flag Lieutenant to the First Sea Lord (Lord Fraser of North Cape). After joining Chambers he became one of the leading practitioners at the Planning Bar and at the Parliamentary Bar, taking silk only 15 years after his call. He was involved in many of the leading cases of his day including the Channel Tunnel Bill, the inquiries on Sizewell B, the National Gallery Extension and the King’s Cross Fire and the Fares Fair litigation in the House of Lords. Read more
Housebuilder and Tree Surgeon Convicted of Felling a Prominent Redwood and Ancient Woodland
Following a two day trial in Swansea, housebuilder Enzo’s Homes Ltd., their director Fiorenzo Sauro and tree surgeon Arwyn Morgan have been convicted of felling a prominent redwood and a substantial area of Ancient Woodland protected by TPO at Penllergaer Woods Read more
Major Office Redevelopment of Historic Wharf Inquiry
Following a public inquiry, an Inspector has dismissed a s.78 appeal against the decision of the London Borough of Islington to refuse permission for a major office redevelopment scheme of some 11,000 sqm at Regent’s Wharf, Kings Cross on heritage and amenity grounds. The proposal involved the redevelopment of the Regent’s Wharf office complex and the remodelling of the locally listed late-19th century Victorian wharf buildings which abut the Regent’s Canal. The Inspector agreed with the local planning authority and Historic England that the buildings are major contributors to the character and appearance of the Regent’s Canal Conservation Area. The contemporary modifications to the roofline, windows and elevations of the Victorian buildings “would affect key aspects of the archaeological, architectural and historic character of the Conservation Area and harm its significance” as well as causing harm to the non-designated assets. Applying the tests in the NPPF, the Inspector concluded that the public benefits of the scheme would not outweigh the harm to the Conservation Area. Read more
Tribunal Decision on Hinkley Point C Compensation Claim
The Upper Tribunal Lands Chamber (Judge Elizabeth Cooke and Mr Peter McCrea FRICS) has issued its preliminary issue decision on the permissibility of four heads of claim, totalling some £2.6 million, in the case of 599 Developments Ltd v NNB Generation Co (HPC) Ltd [2019] UKUT 235 (LC). The Claimant was the owner of the long leasehold interest in land formerly used as a lorry park at Williton in Somerset, part of which was compulsorily acquired by NNB Generation Co under the Hinkley Point C (Nuclear Generating Station) Order 2013. The land was required for a park and ride facility in connection with the construction of the new nuclear power station. Read more
High Court Considers When Policies Can Be Out of Date for NPPF Para 11(D)
Mr Justice Dove has handed down judgment in the case of Peel Investments North Ltd v SSHCLG & Salford CC [2019] EWHC 2143 (Admin). The judgment deals with the circumstances in which development plan policies could be out-of-date for the purpose of triggering the tilted balance in paragraph 11(d) of the NPPF, and the right approach to considering whether there is a five year housing land supply for the purposes of paragraph 73 of the NPPF. The case concerned proposals for up to 600 homes, a marina and other development, in Worsley in Salford. The Secretary of State had rejected the developer’s appeal and refused planning permission. Dove J upheld the Secretary of State’s decision and dismissed the High Court challenge. Read more
People Over Wind Confirmed by the High Court
Mr Justice Dove has handed down judgment in the case of Gladman v SSHCLG & Medway Council [2019] EWHC 2001 (Admin). The case concerned an appeal seeking planning permission for a development of 225 houses near Cliffe Woods in Kent. The appeal was decided by the Secretary of State after the CJEU decision in People Over Wind and whilst the October 2018 ‘Technical consultation on updates to national planning policy and guidance’ was underway. The technical consultation dealt with, amongst other matters, the effect of People Over Wind on the provisions of the National Planning Policy Framework (NPPF) and the calculation of local housing need using the 2016 household projection figures. Read more