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.
Statutory Undertaker Refused Warrant to Enter Premises under the Water Industry Act 1991
Water and sewerage companies (known, with other types of utility companies, as “statutory undertakers”) have statutory power to enter land to lay pipes and alter existing pipes under the Water Industry Act 1991. Given the importance of water and sewerage, water companies have extensive powers of entry onto land – and in the event of an emergency, no notice of entry is required. Read more
Supreme Court Grants Permission in Public Law Costs Case
The Supreme Court (Lords Kerr, Carnwath and Briggs) has granted permission to appeal from the Court of Appeal’s decision in CPRE - Kent Branch v SSCLG [2019] EWCA Civ 1230; [2020] 1 WLR 352. Read more
Jeremy Phillips QC Now Appointed to Teaching Regulation Agency Panel
Chambers is pleased to announce that Jeremy Phillips QC has been appointed to the Professional Conduct Panel of the Teaching Regulation Agency Panel. Read more
Third A5 Dual Carriageway Inquiry Opens
The third inquiry into the proposed A5 Dual Carriageway between New Buildings to Aughnacloy has opened today. The proposed scheme is the largest road scheme ever to be considered in Northern Ireland and is expected to cost c. £1 billion. The inquiry will take place in two stages — the first stage, which will address environmental issues, opens today and will last for four days; the second stage, which will address non–environmental issues, will take place in the week commencing 9 March 2020 and is expected to last for three days. This is the third inquiry into the proposed scheme, with two previous decisions to proceed with the proposed scheme having been quashed following successful legal challenges brought by the Alternative A5 Alliance. Read more
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