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.
Apparent Bias in Planning Inquiries
The case concerned an application under s.288 TCPA 1990, challenging a decision of the Secretary of State to dismiss an appeal against refusal of planning permission for up to 1200 dwellings. Although the application succeeded on grounds relating to the Secretary of State’s approach to the issue of deliverability, the main point of general interest and wider application lies in the unsuccessful attempt to argue that the Inspector’s conduct during the Inquiry and Site Visit gave rise to the appearance of bias (see pages 40-99 of the Judgment). Read more
FTB Announces Two New Tenants Esther Drabkin-Reiter and Conor Fegan
FTB is delighted to announce that Esther Drabkin-Reiter and Conor Fegan have accepted invitations to join Chambers. Esther and Conor each completed a 12 month pupillage with us and join as tenants today, Tuesday 1 October 2019. Read more
Enforcement Notice Quashed and Temporary Planning Permission Granted for Deliveroo Editions Site in Swiss Cottage
Following a three day planning inquiry, an Inspector has allowed an appeal under section 174(2)(a) of the Town and Country Planning Act 1990 by Roofoods Ltd (trading as Deliveroo) against an Enforcement Notice alleging a material change of use of the property to use as commercial kitchens and delivery centre (sui generis) and installation of external plant to facilitate the use and has granted planning permission for a period of 12 months. Read more
Award Winning Night Club Loses Licence
Opium Nightclub, the winner of Luxury Lifestyle Awards in the category of Best Luxury Nightclub in London 2019, has lost its licence. The 500 capacity nightclub had only been open since December 2018 following a £7 million pound refurbishment of its Rupert Street Location. The club hosted a promoted event on 25th August 2019 at which one person was stabbed and another person was shot. The Metropolitan Police brought summary review proceedings and the licence was suspended as an interim step. At the full review hearing on 23/9/19 Westminster City Council revoked the licence following what the police termed a catalogue of breaches of the licence conditions. The police maintained that the incidents were entirely preventable had proper search procedures and other protocols been followed. Read more
Planning Permission Refused for Strategic Waste Recycling and Recovery Facility in the Buckinghamshire Green Belt
Following public inquiry earlier this year, an Inspector has dismissed a s. 78 appeal against the decision of Buckinghamshire County Council to refuse planning permission for a strategic waste facility comprising a materials recycling facility (100,000 tpa); anaerobic digestion facility (50,000 tpa); and a construction, demolition and excavation recycling facility (150,000 tpa) on a former mineral extraction and existing landfill site in the Buckinghamshire Green Belt. Read more
Two Enforcement Notices Upheld Against Live/Work Units in Old Industrial Buildings
A planning inspector has dismissed two enforcement appeals and one s. 78 appeal which concerned the use of redundant industrial buildings for live/work units, and made an award of costs against the Appellant. Read more
East Hertfordshire Success in Little Hadham Committal Application
The High Court has allowed East Herts District Council’s committal application for breaches of an injunction requiring the cessation of use of a site outside the village of Little Hadham, Hertfordshire as an unauthorised residential encampment, see East Hertfordshire District Council v Docherty and Ors [2019] EWHC 2292. The camp was established over the Easter weekend without planning permission and the incident was widely reported in the national and local press: Read more
Inspector Recommends Adoption of Bordesley Park Area Action Plan
Following an examination hearing on 30 May 2019 an Inspector appointed by the Secretary of State has recommended adoption of the Bordesley Park Area Action Plan. The Inspector identified three main issues on which he considered the soundness of the Area Action Plan depended. First, whether the Area Action Plan as a whole was consistent with the Birmingham Development Plan and national policy; secondly, whether areas identified within the BPAAP as Key Opportunities for Change were consistent with the Birmingham Development Plan and national policy, and site allocations within these areas deliverable; and thirdly whether the Neighbourhoods policies and site allocations were consistent with local and national policy and were deliverable. Read more
The High Court Rejects Challenge to the Bromley Local Plan
Sir Duncan Ouseley has handed down judgment in the case of Dylon 2 Ltd v London Borough of Bromley [2019] EWHC 2366 (Admin), rejecting the Claimant’s s. 113 challenge brought against the adoption of the Bromley Local Plan (BLP). The challenge was brought on three grounds. The point of particular interest in the case relates to the Court’s findings as to the duty to give reasons on the part of a Local Plan Inspector as compared to a s. 78 appeal Inspector. Under the third ground, the Claimant argued that the Inspector had failed to comply with her duty to give reasons because she failed to deal expressly with a s. 78 appeal decision submitted to her after the hearings were closed, and which was said to be inconsistent with her conclusions regarding five-year housing land supply matters. Read more
Lambeth Successfully Defend Two Applications for Permission for Judicial Review
Deputy Judge Ockelton has refused two applications for permission to judicially review decisions taken by Lambeth Council as part of the Westminster Bridge Road Regeneration Project. The Westminster Bridge Road Regeneration Project is a large multimillion pound regenerative scheme of works designed to improve highways safety and use in central London. Consultation on this scheme started over 5 years ago. As part of the scheme of works, Lambeth had decided in September 2018 to install a crossing outside of Lambeth North tube station. The location of this crossing was directly in line with an access point, which does not benefit from planning permission, used by the Claimant. Read more