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.
Successful Prosecution for Obstruction of a Highway
Kent County Council has successfully prosecuted a large-scale developer for unlawfully obstructing, and disturbing the surface of, a restricted byway running through its development site. The developer had, inter alia, built buildings over the route of the highway, blocking its use for users of the rights of way network. Read more
High Court Severs 1799 Inclosure Award to Affirm Public Bridleway
The ancient documents by which the inclosure process was undertaken continue to give rise to fresh debate, as is demonstrated from the judgment handed down today by Mrs Justice Lieven DBE in Craggs v SoS and Others [2020] EWHC 3346 (Admin). Read more
The Court of Appeal Considers When An Unsuccessful Litigant Must Accept “No” For An Answer
The Court of Appeal has today handed down judgment in R(on the application of Wingfield) v Canterbury City Council [2020] EWHC 1975 (Admin). Read more
Kingsland Cup and Prize Moot Goes Live
We are delighted to announce that the annual FTB Kingsland Cup and Prize Moot competition is now open to teams of undergraduate, GDL, LPC and BPTC students. With moots covering European, environmental and public law, the competition will take place over three rounds. The first round sees entrants judged on their skeleton arguments, with the top-scoring teams appearing at the semi-final in London before a distinguished high court judge either in person in a full mock court or virtually. Read more
Definitive Map Modification Order in Middle Rasen, Lincolnshire Confirmed
This DMMO application concerned a historical public footpath in Middle Rasen, Lincolnshire. The underlying section 53 application was made back on 5 August 1987. Whilst the order-making authority determined to make the order on 2 September 1988, the order was not, in fact, made until almost 30 years later, on 12 June 2017. The order-making authority also chose not to support the order’s confirmation – initially objecting to it and then adopting a neutral stance. Read more
Court Considers s.193(5) TCPA 1990 For the First Time
The High Court has dismissed a s.288 application in respect of an Inspector’s decision to dismiss a s.195 appeal against an LPA’s non-determination of an application for a CLOPUD which sought the certification of the lawfulness of the use of land as “touring caravan site for the siting of touring caravans including as a person’s sole or main place of residence.” Read more
Public Inquiry into UK Holocaust Memorial Concludes
A Planning Inspector has closed the public inquiry into the called-in application for a national memorial to the Holocaust, and an associated underground learning centre proposed to be located at Victoria Tower Gardens, next to the Houses of Parliament in Westminster. The inquiry was held on a virtual platform and was the longest and most complex inquiry that PINS has hosted remotely. Read more
Permission Granted for Challenge to Development of 300 Homes in Mid Suffolk
The High Court has granted permission to judicially review the decision of Mid Suffolk District Council to grant outline planning permission for the erection of up to 300 dwellings and associated development in Woolpit. The grounds of challenge relate to policies being ‘out-of-date’ and the approach to emerging plans. Read more
Lands Tribunal Has Power to Strike Out for Abuse of Process
The Lands Tribunal has held that it does have the power to strike out proceedings for abuse of process pursuant to rule 8(3)(c) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (“the 2010 Rules”). Read more