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.
Permission Granted for Judicial Review of Cumbria County Council's Approval of the Whitehaven Coalmine
Mrs Justice Lang DBE has granted permission to Marianne Bennett (a member of the campaign group Keep Cumbrian Coal in the Hole), for judicial review proceedings against Cumbria County Council’s decision on 31 October 2019 to ratify its previous resolution to grant planning permission (on 19 March 2019) for the development of a new underground metallurgical coal mine in Whitehaven, Cumbria. This would be the first deep coal mine to be built in the UK for 30 years. Read more
Lambeth Continues Successful Defence of Westminster Bridge Regeneration Scheme
Lord Justice Lewison has refused permission to appeal the decision of Mr CMG Ockleton, sitting as a Deputy High Court judge to refuse permission to proceed with judicial review of a purported decision of Lambeth Council relating to the Westminster Bridge Regeneration Scheme. The hearing in the high court lasted a day (refer to previous news item). Read more
"Football is Football" - Relegation Not Ground For Re-valuing a Football Stadium
In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation. Read more
Archway Methodist Central Hall Saved From Redevelopment
Inspector John Dowsett has dismissed a developer’s appeal against LB of Islington’s refusal of planning permission for the demolition of the 1930’s Archway Methodist Central Hall, the last central hall to be built in London, and its redevelopment as offices. The building was originally financed by the movie mogul J Arthur Rank as part of a complex of sacred and secular buildings Read more
Permission Granted for Judicial Review by ClientEarth of the Drax Power (Generating Stations) Order 2019
The Drax Power (Generating Stations) Order 2019 granted development consent for the construction and operation of two gas-fired generating units at the site of the existing Drax Power Station near Selby in North Yorkshire. In making the order, the Secretary of State did not accept the examining authority’s recommendation to refuse consent. Read more
High Court Rules Prior-Approval Time Limits CAN be Extended by Agreement
The High Court has today handed down judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWHC 161 Admin. Read more
Court of Appeal Dismisses HS2 Compulsory Purchase Appeal
The Court of Appeal (Lewison, McCombe and Dingemans LJJ) has handed down judgment in Anixter Ltd v Secretary of State for Transport [2020] EWCA Civ 43, dismissing the appeal against the decision of the Deputy President of the Upper Tribunal (Lands Chamber), Martin Rodger QC. Read more
Lady Dido Berkeley Acquitted in Extinction Rebellion Prosecution
On 20 January, Lady Dido Berkeley was acquitted by City of London Magistrates’ Court of the offence of knowingly failing to comply with a condition imposed on a public assembly contrary to section 14(5) of the Public Order Act 1986. Read more
Planning Permission Granted on Appeal for Production of Hydrocarbons in Lincolnshire
Planning Inspector Phillip Ware has allowed an appeal by Egdon Resources UK Ltd against the refusal of North Lincolnshire Council to grant planning permission for the production of hydrocarbons from the Wressle 1 wellsite at Appleby in Lincolnshire (APP/Y2003/W/19/3221694). The decision follows a three day public inquiry in November 2019. Read more
Inspector Dismisses Appeals for New Traveller Site in South Oxfordshire: Public Sector Equality Duty and Application of the 'Tilted Balance' Considered
Following an 8 day inquiry, an Inspector has dismissed two related appeals for a new 12 pitch traveller site between the M40 and A40 near Tetsworth in South Oxfordshire. The Inspector found that the development would conflict with development plan policies on landscape grounds and the noise for future occupiers of the site caused by the nearby roads would be unacceptable. Read more