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.
High Court to Hear JR on the Future of Corby Urgent Care Centre
The High Court will today hear a Judicial Review claim brought against the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby and replace it with an appointment only primary care hub. The decision was taken on 30 January 2018 without public consultation despite repeated promises by the CCG that it would consult on its decision. Read more
High Court Clarifies the Scope and Application of Section 70C of the Town and Country Planning Act 1990 - the Power to Decline to Determine Planning Applications
In Chesterton v Wokingham BC [2018] EWHC 1795 (Admin), the High Court (Upper Tribunal Judge Martin Rodger QC) considered whether a local authority had properly exercised its discretion under section 70C of the Town and Country Planning Act 1990 to decline to determine an application if to do so might grant planning permission for the whole or any part of a matter identified as a breach of planning control in a pre-existing enforcement notice. Read more
Court of Appeal Upholds High Court Quashing of Planning Permission on Reasons Ground
In Tate v Northumberland County Council [2018] EWCA Civ 1519 Lindblom and Jackson LJJ upheld the High Court’s quashing of planning permission for a house in the Green Belt on the grounds of inadequate reasoning. Read more
Judicial Review of HGV Routing Decision Withdrawn
A claim for judicial review brought by Melbury Abbas & Cann Group Parish Council against a decision by Dorset County Council to maintain an advisory one-way routing system of HGV traffic has been withdrawn. Permission to apply for judicial review had previously been refused by Lewis J on the papers. The advisory routing system directed HGV traffic northbound on the A350 and southbound along the C13, supported by additional signage, including vehicle activated message signs which would work in conjunction with a new pull-in area. The decision formed part of Dorset County Council’s A350/C13 Route Management Strategy, supported with grant funding by the Department for Transport. Read more
Gladman Withdraws 3 Appeals in Ashford
Gladman Developments Limited has withdrawn three s78 appeals seeking planning permission for major residential developments in three villages near Ashford, Kent. The inquiry into a proposal for 125 houses in Brabourne Lees had sat for eight days in January 2018 and was due to reconvene for at least two further days in July 2018. The inquiry into a proposal for 245 houses in Charing had sat for 12 days in March and April 2018 and had closed. The decision was due in August 2018. The inquiry into a proposal for 110 houses in Biddenden was due to sit for eight days in October 2018. Read more
Eastbourne Borough Council Grants Sex Encounter Venue Licence to the Town's Only Lap Dancing Club
At a meeting of the licensing sub-committee on 9th July 2018 a sex encounter venue licence was granted to F. Forte Ltd in respect of its Embassy Club premises in Pevensey Road. The application for a 4am licence was opposed by The Town Centre Neighbourhood Panel on the grounds that the grant would have been “inappropriate”. It was granted nevertheless. The successful applicant was represented by James Rankin, instructed by Stephen Rimmer LLP. Read more
High Court Gives First Ever Ruling on Town or Village Green Trigger Event
This week in Cooper Estates Strategic Land v Wiltshire Council [2018] EWHC1704 (Admin) the high court has quashed a town/village green (TVG) registration on the basis that the land had been identified for “potential development” by policies in the Core Strategy thereby amounting to a “trigger event” preventing the registration of a TVG. The court rejected a secondary argument that the registration authority’s decision not to hold a non-statutory inquiry was unfair. Gregory jones QC and Philip Petchey appeared for the Landowners, Cooper Estates Strategic Land instructed by Blake Morgan. A copy of the judgment can be found here. Gregory jones QCand Philip Petchey will be giving a Breakfast Briefing on 17th July at which they will address key issues arising from both aspects of the judgment including the wider consequences for sites which may have been unlawfully registered as TVG, the need to engage with proposed draft plans with a TVG perspective, and how to maximise the chances of securing a non-statutory inquiry. More information including how to book a place can be found here. Read more
John Jolliffe Appointed to Attorney General's A panel of Approved Counsel and Hugh Flanagan to the B Panel
FTB is delighted to announce that John Jolliffe has has been promoted to the Attorney General's A panel of approved counsel and Hugh Flanagan to the B panel. Their appointments commence on 1st September 2018. FTB’s full list of panel members is: Richard Honey (A panel), Mark Westmoreland Smith (B panel), Cain Ormondroyd (B panel), Ned Westaway (B panel), Sarah Sackman (C panel), Annabel Graham Paul (regional panel, Wales), Isabella Tafur (C panel), and Charles Streeten (C panel). Read more
Meyric Lewis Appears on Behalf of the Compulsory Purchase Association at the IRWA’s International Education Conference in Edmonton Canada
See Meyric Lewis's slides from his presentation at the International Right of Way Association's International Education Conference in Edmonton Canada June 2018 – “Recent Infrastructure Projects and Proposals in the UK” Read more
Appeal Court Upholds Revocation of Premises Licence Following “Modern Slavery” Review
District Judge Julie Cooper, sitting at Camberwell Green Magistrates’ Court, has upheld the decision of the London Borough of Southwark to revoke a convenience store’s premises licence following allegations of illegal workers being employed in conditions akin to “modern slavery”. Peckham Food and Wine had been found, on six separate occasions, to be employing illegal immigrant workers. A broom cupboard was being used as sleeping quarters for two workers who slept on a filthy mattress with only a small electric fan for ventilation. They were being paid a salary well below the minimum wage. Read more