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.
Appeal Dismissed in Bracknell Forest - Fresh Consideration of Housing Supply
Following a 3-day inquiry under the new Rosewell procedures, adopting a topic-based approach, an Inspector has dismissed an appeal for 73 Assisted Living units in Ascot on the basis that the proposal would have a significant, permanent, adverse effect on the character and appearance of the site and surrounding area. Read more
Challenge to East Herts District Council’s Decision on Grounds of Consistency Rejected
The High Court has handed down its judgment dismissing a claim brought by an objector against the decision of East Hertfordshire District Council for the grant of planning permission on its own land for a mixed use development including 546-space car park, office and residential development in the Bishop Stortford Conservation Area Read more
Appeal Allowed for 294 Bed Hotel in Central London
An Inspector has allowed an appeal made by Whitbread PLC for a new 294 bed hotel, to be operated as a Premier Inn Hub, on a site at the junction of Marylebone Road and Old Marylebone Road, in Westminster. The appeal arose from a decision by Westminster City Council to refuse planning permission, following a Mayoral direction, by reference to concerns as to delivery and servicing arrangements. Read more
Oxford City Council Local Plan Examination Hearings
Following three weeks of examination hearings, the Inspectors examining the Oxford City Council Local Plan have expressed that their preliminary view that the Local Plan is legally compliant and that, subject to the modifications proposed by the Council (which are to be consulted upon), the Plan would be likely to meet the test of soundness. In particular the Inspectors expressed a preliminary view that Read more
Court of Appeal Hands Down Judgment Dismissing Telephone Kiosk Appeal
The Court of Appeal has today handed down judgement dismissing New World Payphones appeal against the decision of Ouseley J which upheld Westminster City Council’s challenge to the unlawful use of permitted development rights for advertisement purposes which had been granted for the purpose of the provision of public call boxes. Read more
City & Country Challenge Dismissed on All Heritage Grounds
City & Country sought to challenge a decision letter issued by the Secretary of State in relation to 36 appeals, all of which concerned land at Bramshill in Hampshire. Although one of the appeals has been remitted (dealing with various existing modern buildings on the site), the key parts of the claim, which were about heritage, have all been dismissed. Read more
Outline Planning Permission for 100 Dwellings Refused on Habitats Grounds
An Inspector has dismissed a non-determination appeal brought by Bargate Homes Limited seeking outline planning permission for the construction of up to 100 residential dwellings on the basis that the proposed development would have a likely adverse effect on the integrity of designated sites in the Solent (APP / A1720 / W / 19 / 3225866). Read more
London Estate Regeneration CPO Confirmed
The London Borough of Waltham Forest (Marlowe Road Estate) Compulsory Purchase Order 2019 was confirmed on 10.12.2019. The CPO was made under section 226 of the Town and Country Planning Act 1990. The Council, together with its development partner Countryside Properties, promoted the CPO to facilitate the carrying out of the redevelopment of the Marlowe Road Estate, to provide new housing, public areas, retail and amenity space. Read more
Important Supreme Court Decision Concerning Land Held by Public Authorities
The Supreme Court has today given judgment in the combined appeals by Lancashire County Council and NHS Property Services Limited. Lord Carnwath, Lord Sales and Lady Black JJSC, who comprised the majority of the constitution, held that land owned by the two public authorities cannot be registered as town or village green (TVG) under the Commons Act 2006 because the land was held by the authorities for defined statutory purposes under general acts of parliament, and registration as TVG would be in conflict with those statutory purposes. This is known as the principle of ‘statutory incompatibility’. The Court of Appeal’s decision on both appeals was overturned. Read more
The Court of Appeal Has Held That There is No General Legal Principle That Licensing Schemes Are Intended to be Self-Financing
Wakefield Council had argued in the High Court and again in the Court of Appeal that “it is a principle of law” that licensing schemes ought to be self-funding rather than being reliant on a local authority’s general funds raised from its council tax payers. The High Court (HH Judge Saffman) was not persuaded there was any such principle; and the Court of Appeal dismissed the council’s appeal against his decision. Read more