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.
Court of Appeal Gives First Ever Ruling on Village Green Trigger Events
The Court of Appeal has given useful guidance as to what constitutes a trigger event for the purposes of the Commons Act 2006. It rejected the narrow approach of the registration authority which had argued that “potential” in “identified for potential development” did no more than reflect the fact that a development plan could not compel the development of a particular piece of land. The Court did however recognise that prima facie identification of land for potential development could be contradicted by countervailing policies elsewhere in the plan. Read more
Eastern Counties Leather Revisited
The appeal has just been heard relating to a redevelopment proposal at Pampisford Industrial Estate on a part of the historically contaminated site formerly owned by Eastern Counties Leather, the defendants in the nuisance proceedings brought by Cambridge Water which went all the way to the House of Lords in the 1990s, Cambridge Water Ltd v. Eastern Counties Leather plc [1994] 2 AC 264. Read more
Controversial Tunbridge Wells CPO Inquiry Decision
Following a three week public inquiry, the Calverley Square Compulsory Purchase Order has been confirmed without amendment. The CPO was made under section 226(1)(a) of the Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 by Tunbridge Wells Borough Council. Read more
High Court Rejects We Love Hackney CCO Application and Orders Security for Costs
Mrs Justice Farbey, sitting in the Administrative Court, has dismissed a renewed application for a Costs Capping Order ("CCO") pursuant to section 88 of the Criminal Justice and Courts Act 2015 and has ordered We Love Hackney Limited ("WLH") to pay security for costs in the sum of £60,000 if it intends to proceed with its claim for judicial review Read more
Heathrow Third Runway Litigation – High Court Hands Down Judgments
The Heathrow Third Runway Litigation comprised five claims for judicial review challenging the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”). In four claims, the claimants comprised the London Borough of Hillingdon (in which Heathrow is situated) and four adjacent boroughs, the Mayor of London, several non-Government organisations dedicated to environmental causes (notably Greenpeace, Friends of the Earth and Plan B Earth) and one individual claimant (Mr Spurrier). They each opposed any expansion of Heathrow Read more
Birmingham Lap Dancing Club Fails in Bid to Relicence
Paradise City has failed in its attempt to obtain an SEV ( sex encounter venue) licence for a site at premises that had previously been licensed as Legs 11 and traded from two sites in Birmingham: Broad Street and Ladywell Walk. Both licences were revoked in 2017 at the request of West Midlands Police following allegations of a catalogue of licence breaches (including the “no touching rule”), together with allegations of fraud committed against customers. It was also said that customers had been drugged and assaulted by door staff. Read more
The Court of Appeal has Upheld the Decision to Quash an Inspector’s Decision Based on His Misinterpretation of Permissively Worded Development Plan Policies
In Gladman Developments Ltd v Canterbury City Council [2019] EWCA Civ 669 a strong Court of Appeal comprising the Master of the Rolls, Lindblom LJ and Floyd LJ, has upheld the decision of Dove J to quash the grant of planning permission for a housing development in Canterbury, on the basis of the Inspector’s misinterpretation of planning policy. Read more
Court Dismisses Bermondsey Beer Mile Appeal
The “Bermondsey Beer Mile” in the London Borough of Southwark has become famous, or infamous (depending on one’s perspective), for the number of micro-breweries and tap-rooms that have set up in recent years under the railway arches in Druid Street close to London Bridge station. It attracts groups of (mainly) men who sample their delights one after the other. Unsurprisingly, this has led to varying degrees of sobriety and drunkenness, usually good-humoured, but still impactful on the locality nonetheless. The residents who live in estates opposite the railway arches are, equally unsurprisingly, less enamoured. They have experienced the cumulative impact of this activity in the form of public nuisance, anti-social behaviour and general disturbance on a weekly basis. Read more
Permission Granted on Appeal for Metro Bank Shop Front and ATM in Leicester Town Centre
Planning permission has been granted on appeal to Metro Bank for the installation of a new glazed two storey shopfront and ATM in Leicester town centre. The proposed development site is the southernmost corner of the former Littlewood store building. Of significance is Metro Bank’s business model which seeks to locate its stores in prominent town centre locations with double height frontages where possible. In the present case, if permission had not been granted, Metro Bank had given evidence that it would not continue with its proposals to open a store in Leicester Town Centre. Read more
Upper Tribunal Gives Decision in Rare Case on Minerals Valuation for Rating
In one of the very few recent decisions dealing with the valuation for rating of a minerals hereditament, the Upper Tribunal has dismissed the ratepayer’s appeal in Cemex (UK) Operations Ltd v O’Dwyer (Valuation Officer) [2019] UKUT 106 (the Deputy President Martin Rodger QC and Peter McCrea FRICS). Read more