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.
Mark Hill QC to Give Keynote Presentation at a Global Lawyering Spotlight Lecture Series: Coronavirus and the Curtailment of Religious Freedom
The focus for the symposium will be the effect upon the enjoyment of religious liberty as a direct or indirect result of state responses to the threat posed to their citizens by the Coronavirus. Read more
Holocaust Memorial and Learning Centre JR Heard in High Court
The Holocaust Memorial and Learning Centre JR being brought by the London Parks and Gardens Trust was heard in the High Court on 9 and 10 September (see previous post for more details). Read more
Secretary of State Grants Permission for Citroen Site, Brentford
On 10 September 2020, the Secretary of State granted planning permission for a large mixed-use scheme, including 441 new homes, in a series of tall buildings on the site of the Citroen car dealership, close to the elevated section of the M4 motorway in Brentford, West London. Read more
Court of Appeal Hands Down Important Judgement on PSED and EIA Alternatives
The Court of Appeal has handed down judgement in Gathercole v Suffolk CC [2020] EWCA Civ 1179 Mr Gathercole's case concerned a challenge to the grant of planning permission for a new school beneath the flight path of military jets, operating from RAF Lakenheath which, since 1941, has been the home of a United States Air Force base. Read more
Court of Appeal Decision on NPPF Para 11d Outdated Policies
The Court of Appeal has handed down its decision in the case of Peel Investments v Secretary of State for Housing, Communities & Local Government [2020] EWCA Civ 1175. The two issues arising on the appeal were (1) the correct interpretation of the term “out-of-date” in paragraph 11d of the National Planning Policy Framework (NPPF), and (2) the proper application of policies contained within local plans which are time-expired or lack policy in respect of the strategic issue of housing supply. Read more
Planning Prosecution of “Directors of a Corporate Director” Discontinued
In an unusual scenario, the London Borough of Waltham Forest issued summonses against four Directors of an Isle of Man company, which, itself, was the sole corporate director of two companies who had failed to comply with planning enforcement notices requiring the removal of unlawful flats at var Read more
Make Shift Granted 3 Premises Licences for Hackney Bridge Development on London Olympic Site
Following a contested remote hearing before Hackney’s Licensing Sub-Committee on 20 August 2020, Make Shift, the makers of Pop Brixton and Peckham Levels have successfully obtained three late night premises licences to enable their major new destination venue “Hackney Bridge” to open in the Queen Elizabeth Olympic Park later this year. Read more
Cain Ormondroyd Appointed to Attorney General's A Panel of Approved Counsel, Sarah Sackman to the B panel and Michael Fry and Caroline Daly to the C Panel
FTB is delighted to announce that Cain Ormondroyd has been promoted to the Attorney General's A panel of approved counsel, Sarah Sackman has been promoted to the B panel and Michael Fry and Caroline Daly have been appointed to the C panel. Their appointments commence on 1st September 2020. Read more
Lands Tribunal Confirms That VTE Cannot Quash Completion Notices
The Lands Tribunal has confirmed that the VTE does not have the jurisdiction to quash completion notices issued by Billing Authorities if the VTE considers that the hereditament could not be completed within 3 months of the date of the notice. The case involved a completion notice issued by the London Borough of Newham. Read more
Relief Determined Following Plan Examination Inspectors’ Legal Errors: Aireborough Neighbourhood Development Forum v Leeds City Council [2020] EWHC 2183 (Admin)
On 7 August 2020 Lieven J determined the relief to be granted in order to proportionately remedy legal errors of two Plan Examination Inspectors of the Secretary of State when recommending the adoption of proposed green belt (housing and mixed-use) allocations under the Leeds City Council Site Allocations Plan (SAP). Lieven J had earlier found ([2020] EWHC 2183 (Admin)) that the Examination Inspectors had misunderstood up-to-date housing requirement data properly produced by the City Council, with regard to the appropriate methodology for calculating forward housing supply. The Examination Inspectors’ reasons given on the related issue of whether exceptional circumstances existed to justify the extent of proposed green belt release were found inadequate. Read more