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.
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
Success for FTB Women
The Planning Law Survey 2019: Best of the barristers was published yesterday. In the Top Rated Silks category, all three women QCs in practice at the Planning Bar are ranked: Morag Ellis QC, Suzanne Ornsby QC and Saira Kabir Sheikh QC – all of whom are members at FTB. Read more
Planning Law Survey 2019 - Counsel of Choice
Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2019. With 13 silks and 15 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many. Read more
Permission Granted on Appeal for up to 55 Homes Including 1.56ha of SANG at Land at Parklands in Spencers Wood Wokingham
Appeal Ref: APP/X0360/W/18/3204133 Inspector: Nick Palmer BA (Hons) BPI MRTPI Read more
High Court Gives Go Ahead to Voter ID Pilots
The High Court has ruled that the Cabinet Office's proposals to pilot voter identification requirements in the May 2019 local elections are lawful (R(oao Coughlan) v Cabinet Office [2019] EWHC 641 (Admin)). The pilots will require voters to produce prescribed forms of photographic or other identification before they can receive their ballot. If deemed a success the requirements could be rolled out nationally in all future local elections. Read more
High Court Upholds Planning Permission for Scheme Amended Without Consultation
The High Court has today handed down judgment in R (Broad) v Rochford DC [2019] EWHC 628 (Admin), upholding the Council's decision to grant planning permission for an amended development proposal without further consultation. Read more
Another Permission Success for Newton Longville Parish Council Challenging AVDC Planning Process
Newton Longville have again been granted permission to apply for judicial review in a challenge to Aylesbury Vale DC’s planning decision making. (Their previous success was to the Council’s purported delegated authority in giving permission for another development in the Parish – the report on which received the greatest number of hits for that week in Local Government Lawyer). Read more
Divisional Court Dismisses Institute of Chartered Accountants JR of Lord Chancellor’s Refusal to Approve Accountants as Legal Services Regulator
Legatt LJ and Andrews J, sitting as a Divisional Court, have handed down judgment in R (ICAEW) v Lord Chancellor [2019] EWHC 461 (Admin) dismissing a challenge by the Institute of Chartered Accountants of England and Wales (“ICAEW”) to the Lord Chancellor’s decision, contrary to the recommendation of the Legal Services Board (“LSB”), to reject their application to become an approved regulator and licensing authority under the Legal Services Act 2007. Over the course of the last 25 years the ICAEW has become a designated regulator under various statutes in the areas of audit, insolvency and investment business, subject to oversight by the Financial Reporting Council, the Insolvency Service and the Financial Conduct Authority. Read more
Important High Court Judgment on PPG
Mrs Justice Lieven has handed down judgement in R (Solo Retail) v Torridge DC [2019] 489 (Admin) The Claimant operates a large out of town retail outlet. It judicially reviewed the grant of planning permission for a 32,500sqft rival retail outlet, B&M Stores, in a neighbouring location. The claim was brought on the on the basis that the developer's retail impact assessment ("RIA") had failed properly to assess the convenience element of the proposed new store, and that the Council had failed properly to condition that element of the scheme. In particular, the Claimant relied on the fact that the emerging local development plan, which had been examined and found sound but not adopted, required a retail impact assessment of development in excess of 250sqm to support the submission that the developer had been required to carry out a "full RIA" of the 314sqm convenience element of the scheme. Read more
Judicial Review Claim Against Permission for a New Homeless Night Shelter Dismissed
The High Court has dismissed a claim for Judicial Review against the London Borough of Islington which had granted planning permission for a night shelter operated by the charity Shelter From the Storm to alleviate homelessness. The main ground related to the enforceability of a planning condition which required a review of the shelter’s operations to be submitted after a year of commencing operations and if necessary for the operation management plan to be amended and updated by written approval of the LPA. Based on the now well-established approach for interpreting planning conditions Trump v Scottish Ministers, the Court held the condition was clear, unambiguous and enforceable Read more