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.
Composting Case to go the Court of Appeal
The Court of Appeal has granted permission to appeal against the decision of HHJ Keyser QC in the case of R (Becker) v Hertforshire CC [2018] EWHC 1974 (Admin). The claim relates to green waste operations in the Metropolitan Green Belt. The High Court quashed permission to operate a maturation site on the basis of an error (admitted by the Defendant and Interested Party) in the application of policy. However, the High Court dismissed other grounds of challenge to a separate decision to vary the terms on which the wider composting operation is managed, including (i) varying the condition relating to vehicle movements, (ii) varying the condition relating to site operations and (iii) altering the description of the land on which the compost could be used (on the Claimant’s argument, materially extending the scope of the permission). The appeal will likely be heard in June or July. Ned Westaway, instructed by Richard Buxton Environmental and Public law, acts for the claimant/appellant; Charles Streeten, instructed by Woodfines LLP, acts for the interested party/second respondent. Read more
High Court Clarifies Permitted Development Rights for Telephone Boxes
On 5 February 2019, the High Court handed down an important judgment concerning the scope of permitted development rights for telephone boxes with advertising capabilities (Westminster CC v Secretary of State for Housing, Communities and Local Government & Ors [2019] EWHC 176 (Admin)). Ouseley J, allowing an appeal against the decision of an Inspector to grant prior approval for the replacement of two existing telephone boxes with a single new kiosk within the area of Westminster City Council, held that the proposed development fell outside Part 16 Class A of the General Permitted Development Order (“GDPO”). Read more
Grade I listed Jacobean Mansion in its Grade I Designed Garden and Parkland: Appeal Decisions Published
The old police training college at Bramshill is regarded as one of the most important historic buildings in the country, a fabulous Jacobean mansion, set within its designed garden and parkland. It is unusually well preserved. The house was built to accommodate the king on royal progress and was designed to provide royal and family apartments and included public and private rooms. The provision of either one or two full state apartments was rare; and Bramshill is only one of three houses built during the Jacobean period to have dual state apartments for the king and queen. Read more
Planning Permission Granted on Appeal in Long-running North London Saga
Good news for the owners of a five storey building in Clerkenwell Green Conservation Area in London: planning permission has been granted on appeal, for the building’s conversion into an apart-hotel (C1). The grant of planning permission is the latest episode in a long running saga. Read more
Confirmation of Town Centre Regeneration CPO
The Secretary of State has confirmed the Reigate and Banstead Borough Council (Marketfield Way) Compulsory Purchase Order 2018 and associated Highway Extinguishment Order Read more
Morag Ellis QC Appointed as QC Church Commissioner
Chambers is delighted to announce that Morag Ellis QC has been appointed as the QC Church Commissioner on the nomination of the Archbishops of Canterbury and York. The appointment is effective from 1 January 2019 for an initial period of three years. Morag will continue to be a full-time practising member of the Bar. Read more
Bradley Coal Mine JR Succeeds
A claim of judicial review of the Secretary of State's decision not to revoke the grant of planning permission for an open cast coal mine in County Durham has been allowed. Planning permission was granted for the mine in 2015. However, the developer, UK Coal Mining Ltd subsequently went into liquidation. However, shortly before the permission expired, the land was bought by HJ Banks and Co. Read more
Liverpool Open Spaces Judicial Reviews Succeed on Heritage and Open Space Grounds
The High Court has allowed two claims for judicial review brought by the Liverpool Open and Green Spaces Society (“LOGS”). The claims challenged two grants of planning permission for developments (one a housing scheme and the other to enable a miniature railway to be moved to provide land for the housing scheme) in Calderstones Park, Liverpool. Read more
Five Year Supply of Deliverable Traveller Sites
Judgment has been handed down in the case of Swale BC v SSHCLG & Maughan [2018] EWHC 3402 (Admin) by CMG Ockelton sitting as a Judge of the High Court. The case concerned the policy in Planning Policy for Traveller Sites (PPTS) that local planning authorities should identify and update annually a supply of specific deliverable traveller sites sufficient to provide five years’ worth of sites against their targets, and that, if an authority cannot demonstrate such a supply, this should be a significant material consideration when considering the grant of temporary permission. Read more
Success in High Court in GPDO Section 289 Appeal
The London Borough of Newham have succeeded in the High Court in a section 289 appeal challenging the Secretary of State’s decision on the construction of Class A.1(g) in the General Permitted Development Order 2015 relating to rear extensions to dwellings. In combination with article 3(1) of the GPDO, Class A of Part 1 grants planning permission for various proposals for “the enlargement, improvement or other alteration of a dwellinghouse”, see para. A.1. Such permitted operations include rear extensions to dwellings. Read more