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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.

Richard Honey

Business and Planning Bill Published

The Government has published the Business and Planning Bill 2019-21. The Bill contains in Part 3 proposed legislation to address some of the consequences of the covid-19 outbreak, including the modification of conditions relating to construction working hours and the extension of the duration of planning permissions. Richard Honey was instructed by MHCLG Legal Advisers to advise on these elements of the proposed legislation and related guidance, especially the European environmental law aspects, during the development of the proposals from April through to June 2020. Read more

Sutton Trust

FTB Partners with The Sutton Trust on its Pathways to Law Programme

Francis Taylor Building is pleased to be working in partnership with The Sutton Trust on its Pathways to Law Programme. Read more

Meyric Lewis

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application

The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment. Read more

Andrew Fraser-Urquhart QC

Obligations for Disclosure of Viability Informative and Role of Representations at Committee Clarified by High Court

R(Holborn Studios) v LB Hackney [2020] EWHC 1509 (Admin), Dove J Andrew Fraser-Urquhart QC represented LB Hackney in this challenge to the grant of planning permission for the redevelopment of Holborn Studios. Dove J considered the disclosure requirements for viability information provided in the course of a planning application in the light of updated guidance in the NPPG and held that it superseded the ruling in R(Perry) which had offered broad discretion to local authorities to withhold information provided by developers. Dove J also rejected a challenge to the decision based upon the Council’s Planning Code for Councillors, holding that the opportunity to make representations at Committee ensured there was no prejudice to objectors. Read more

Andrew Fraser-Urquhart QC

High Court Finds Challenge to Informative on CLEUD Inappropriate for Judicial Review Because of Adequate Alternative Remedy

R(QM Developments) v Warrington BC [2020] EWHC 1511 (Admin), Dove J. The High Court has decided that an informative added to a CLEUD, relating to requirements in a land remediation condition which had not been complied with, could not be challenged by way of judicial review.  Dove J accepted the argument of Andrew Fraser-Urquhart QC for Warrington BC that the ability of the Claimant to appeal against the contents of the Certificate were an adequate alternative remedy and that the informative was not justiciable through an application for judicial review. Read more

Craig Howell Williams QC
Douglas Edwards QC
Charles Merrett

Tall Building Proposal - Appeal Refused on Design and Heritage Grounds by Secretary of State

Meyer Homes appealed against the decision of The Royal Borough of Greenwich to refuse an application for planning permission for the construction of a 27 storey building (1,056sqm of commercial floorspace at ground and first floor, 206 residential units at upper floors) and the construction of buildings between 9 and 16 storeys (1,793sqm of commercial floorspace at ground floor and 598 residential units at upper floors), both with associated ancillary development. The appeal was recovered by the Secretary of State and heard at a public inquiry lasting six days. Read more

Caroline Daly
Isabella Tafur

Poor Design Proves Fatal for 771 Home Appeal Proposal in Charlton Riverside Opportunity Area

The Secretary of State has refused permission for 771 houses and flats (including 40% affordable) in an Opportunity Area in Greenwich because of the scheme’s design failures and associated conflict with the aims and vision of the Royal Borough’s Charlton Riverside Supplementary Planning Document. Read more

Morag Ellis QC

Morag Ellis QC Appointed as Dean of the Arches and Auditor

Chambers is delighted with the announcement today by the Archbishops of Canterbury and York of the appointment of Morag Ellis QC as Dean of the Arches and Auditor. Read more

James Pereira QC
Daisy Noble

A Lesson in Legal Alchemy: Leech Homes v Northumberland County Council – CAAD Appeal Relating to 135 Homes Dismissed as Inappropriate Development in Green Belt

The Deputy President of the Upper Tribunal (Lands Chamber), Martin Rodger QC and Diane Martin MRICS FAAV have handed down judgment in a CAAD appeal by Leech Homes. The Tribunal rejected Leech Homes’ argument that a residential scheme of approximately 135 dwellings was appropriate alternative development (AAD) for land acquired by the Council for the purposes of constructing the Morpeth Northern Bypass. The bypass had been authorised by a Development Consent Order made under the Planning Act 2008. Read more

Sarah Sackman
Charles Merrett

Sevenoaks District Council Granted Permission to Judicially Review Decision of Local Plan Inspector

Permission to bring judicial review proceedings against the decision of Karen L Baker DipTP MA DipMP MRTPI, the Inspector appointed by the Secretary of State to examine the Sevenoaks District Local Plan has been granted on all grounds by the High Court. Sevenoaks District Council has challenged the inspector’s decision that it failed to comply with the duty to cooperate in preparing the draft Local Plan. Read more