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.
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
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
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
The Supreme Court has handed down its final order in the Hemming litigation (see R (Hemming) v WCC  UKSC 25 and  UKSC 50). The Court has awarded Westminster its full costs of both hearings before the Supreme Court and the proceedings before the Court of Appeal. The parties are to bear their own costs of the hearing before the CJEU, with Westminster paying Mr Hemming’s costs of the High Court hearing. Read more
Nottingham City Council (Appellant) v Parr and another (Respondents)  UKSC 51 (On appeal from  EWCA Civ 188)
Following a decision of the Court of Appeal, the Supreme Court has similarly unanimously dismissed an appeal by the Appellant concerning the conditions imposed and the minimum dimensions applicable to licensing a house in multiple occupation which is to be occupied by students. Section 64(3)(a) of the Housing Act 2004 indicates that the purpose of the imposition of conditions is to make a house reasonably suitable for occupation by not more than the maximum number of households or persons in the licence application. Section 67(1)(a) provides that a licence may include such conditions as the local authority considers appropriate for regulating all or any of the “management, use and occupation of the house concerned”. Section 67(2) sets out a non-exhaustive list of permitted conditions including “conditions imposing restrictions or prohibitions on the use or occupation of particular parts of the house by persons occupying it”. The natural meaning of the words in the Act were found to be sufficiently wide and consistent with the object and purpose of the Act and included the conditions imposed by the Tribunals and the Court of Appeal. Read more
This morning the Supreme Court of the United Kingdom delivered its long-awaited judgment in Lee v Ashers Baking Co Ltd  UKSC 49. The case had already made history in that it marked the first occasion that the Court had sat to hear oral argument in Belfast. The issues can be shortly stated, although the ramifications of the decision for the competing rights and interests of sexual orientation, freedom of belief and “compelled speech” may take some working out in the months and years ahead. Read more
FTB is delighted to announce that Daisy Noble and Charles Merrett have accepted invitations to join Chambers. Daisy and Charles each completed a 12 month pupillage with us and join as tenants today, Wednesday 3 October 2018. Read more
R. (oao Network Rail Infrastructure Ltd.) v Secretary of State for Environment, Food and Rural Affairs  EWCA Civ 2069 In a judgment given by Lord Justice Lindblom (Lewison LJ dissenting) the Court of Appeal has dismissed the appeal of the Secretary of State for the Environment, Food and Rural Affairs made against the decision of Holgate J to quash the decision of an Inspector not to confirm a stopping up order made under s.257 of the Town and Country Planning Act 1990. The appeal considers whether a planning condition, properly construed, prevented confirmation of the stopping-up order on the basis that it contemplates development proceeding even in the event of non-confirmation. Read more