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.
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
Southwark Grants 3am Premises Licence for New Live Music Venue as an Exception to Cumulative Impact Policy
The Peckham Cultural Quarter in South London is emerging as an important hub for music, media, cinema, restaurants and small arts-based businesses. But what South London has lacked, until now, was a significant new small to mid-size live music venue focused on emerging grassroots Indie talent. Read more
Planning Permission for up to 30 Homes near Bedford Refused on Appeal
Planning permission has been refused for up to 30 dwellings on the edge of the village of Cople near Bedford, despite the Council having no five year housing land supply. The main issues at the inquiry concerned the impact of the proposals on the character and appearance of the area and whether the site would be a suitable location for new housing, having regard to social and physical infrastructure in the locality. Read more
High Court Quashes Planning Permission in Brent Mosque Case
Lang J has handed down judgment in Ikram v Secretary of State for Housing Communities and Local Government [2019] EWHC (Admin). The Claimant, Mr Ikram, lived at 854 Harrow Road. Adjacent to 852 and 856-858 Harrow Road. 856-858 Harrow Road were constructed as two semi-detached dwelling houses and were in residential use for many years. In 2007 use of 856-858 Harrow Road was regularised for use as a place of worship and community centre by subsequent grants of retrospective planning permission. Read more
Compensation Award for Extinguishment of Waste Transfer Business for Thameslink 2000
Welcocks Skip Hire Ltd v Network Rail [2019] UKUT 0162 In a decision dated 17 July 2019 the Upper Tribunal (Lands Chamber) has awarded compensation in excess of £8,000,000 to a claimant company whose waste transfer business was extinguished by Network Rail’s Thameslink 2000 Scheme Read more
Local Housing Need – National Policy Regarding ‘Standard Method’ Dis-applied in Central Bedfordshire
The Planning Inspectorate has recently issued two decision-letters regarding Section 78 Appeals in Central Bedfordshire. The two appeals, both of which related to schemes for residential development, were dismissed – see Ref: APP/P0240/W/18/3206495: Land west of New Road, Clifton SG17 5JH, decision dated 25 June 2019, and Ref: APP/P0240/W/18/3218992: Land at Clophill Road, Maulden, Bedford, MK45 2AA, decision dated 10 July 2019. Read more
High Court Rejects Claim Over Alpaca Bovine Tuberculosis Tests
Mr Justice Murray has rejected a judicial review claim seeking to require the re-testing of a stud male alpaca following earlier tests showing positive results for bovine tuberculosis (bTB) (R (MacDonald) v SSEFRA [2019] EWHC 1783 (Admin)). The judgment discusses in detail the legal background and testing regimes that apply to bTB in South American camelids. One particular issue was the use of “priming” by injection of tuberculin via a skin test prior to serological (blood) testing. Read more
Oxford to Cambridge Expressway Judicial Review Judgment
Mrs Justice Lang DBE has handed down judgment this morning in R (Berks, Bucks & Oxon Wildlife Trust) v Secretary of State for Transport and Another [2019] EWHC 1786 (Admin), dismissing a challenge brought by Berks, Bucks and Oxon Wildlife Trust against a decision made by the Secretary of State for Transport to approve recommendations from Highways England relating to a preferred corridor area for the proposed new Oxford to Cambridge Expressway. Read more
Star Directors Back New Premises Licence for Independent Cinema in Camden’s Cumulative Impact Policy Area
The Garden Cinema, a new independent arts cinema and media hub in Seven Dials, Covent Garden London has been granted a premises licence enabling it to serve alcohol and show films as an exception to the London Borough of Camden’s strict Cumulative Impact Policy. The project is the brainchild of Michael Chambers, the founder of the well-known Chambers & Partners Legal Directories. Read more
Village Green 'Five Year Delay' Claim Withdrawn
An application to register land known as 'Freeman's Wood' in Lancaster as a town or village green can go ahead after a judicial review brought by a potential developer (R (Satnam Investments Ltd) v Lancashire County Council) was withdrawn. The application to register the land was first made in 2012. Despite repeated chasing by the applicant, the county council did not conclude that the application was "duly made" until February 2018. The landowner and developer claimed not to have had any notice of the application in the meantime, such that their interests had been prejudiced by the delay (the land was being promoted for development and it was claimed that the expense incurred in doing so might have been wasted if the application was subsequently successful). Read more