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.
Five Year Supply of Deliverable Traveller Sites
Judgment has been handed down in the case of Swale BC v SSHCLG & Maughan [2018] EWHC 3402 (Admin) by CMG Ockelton sitting as a Judge of the High Court. The case concerned the policy in Planning Policy for Traveller Sites (PPTS) that local planning authorities should identify and update annually a supply of specific deliverable traveller sites sufficient to provide five years’ worth of sites against their targets, and that, if an authority cannot demonstrate such a supply, this should be a significant material consideration when considering the grant of temporary permission. Read more
Success in High Court in GPDO Section 289 Appeal
The London Borough of Newham have succeeded in the High Court in a section 289 appeal challenging the Secretary of State’s decision on the construction of Class A.1(g) in the General Permitted Development Order 2015 relating to rear extensions to dwellings. In combination with article 3(1) of the GPDO, Class A of Part 1 grants planning permission for various proposals for “the enlargement, improvement or other alteration of a dwellinghouse”, see para. A.1. Such permitted operations include rear extensions to dwellings. Read more
Judicial Review Challenge to Government’s Voter ID Pilots
A Judicial Review has been launched challenging the Government’s plans to implement voter identification requirements in 10 local authority areas in the May 2019 local elections, with a view to rolling the scheme out nationally in future. The pilots require voters in those areas to produce photographic and other forms of ID before they can be issued with a ballot. According to the Electoral Commission 3.5 million electors (7.5% of the electorate) do not have any photo ID. Read more
Supreme Court Adjourns Attorney General’s Reference
On 14 January 2019, the Supreme Court (Lady Hale, Lord Reed and Lord Kerr) handed down judgment on a preliminary issue arising from the reference of five devolution-issue questions to the Supreme Court by the Attorney General for Northern Ireland ([2019] UKSC 1). Read more
S288 Challenge Granted Permission on the Papers – People Over Wind, Habitats Directive, Local Plans and Aarhus Convention Claims
John Howell QC has granted permission for a parish council to challenge a planning inspector’s decision to grant planning permission for a residential scheme at Broden Stables in Crondall and decided that the Aarhus costs capping provisions apply. Read more
Court Challenge to the 2016 Referendum Moves to The Court of Appeal
A number of British citizens residing in the European Union, led by Sue Wilson, have brought a challenge to the legality of the EU Referendum of 2016. They are also challenging the decision of the Prime Minister to ignore the findings of illegality by Vote Leave and Leave.EU by the Electoral Commission. The claim is based on the common law and on general constitutional principle. This is because the European Union Referendum Act 2015, which determines the legal nature of the referendum, says nothing about the validity of the referendum in case of breaches of funding rules by the designated campaigner and other campaigners, such as those found by the Electoral Commission in May and July 2018. The claimants argue that in the absence of detailed statutory language to the contrary, the general principles of the common law should apply. They rely, among other cases, on the Bradford Case (No 2) (1869) 1 O’M & H 35, 19 LT 723, a case which dates before electoral law became a matter for statute under the Ballot Act 1872, where the court ruled as follows: Read more
Permission Granted for Demolition of Buildings in Conservation Area
Enforcement notices requiring the reconstruction of three 19th Century buildings unlawfully demolished in the Coldharbour Conservation Area have been quashed following an inquiry (appeal ref. Read more
Supreme Court to Hear Argument on Northern Ireland Devolution Reference
On Monday 17 December 2018, the Supreme Court (Baroness Hale, Lord Kerr and Lord Reed) will hear argument on a preliminary question arising from the reference of five purported devolution-issue questions by the Attorney General for Northern Ireland. The reference arises from the ongoing political stalemate in Northern Ireland, which has now been without a functioning government since January 2017. On 9 August 2018, the Attorney General for Northern Ireland referred five purported devolution-issue questions to the Supreme Court. These questions collectively concern the functions of Northern Ireland Departments in the absence of Ministers in Northern Ireland — in particular, the questions relate to limitations imposed on the functions of Departments by the ministerial code, the programme for government and the requirement to refer specified matters to the Executive Committee for discussion and agreement. Read more
Planning Permission Granted for National Grid’s Viking Link Interconnector Project
Planning permission has been granted for National Grid’s Viking Link Interconnector Project following a successful appeal against an earlier refusal by East Lindsey District Council (‘ELDC’). ELDC had initially refused permission for the project, which will provide 1.4GW of electrical interconnection capacity between the UK and Denmark capable of powering up to 1 million homes, because of concerns about the impacts of construction of the necessary underground cables on the Lincolnshire Wolds Area of Outstanding Natural Beauty and on local farming businesses, although by the time of the inquiry in November 2018 they had entered into a Statement of Common Ground with National Grid Viking Link (‘NGVL’) acknowledging that those concerns had been overcome. Read more
East Caribbean Court of Appeal Compulsory Purchase Decision
The East Caribbean Court of Appeal has handed down its decision on an appeal concerning compensation for the compulsory purchase of land for an extension to the runway at the airport on the island of Anguilla: Estate of Bernice Lake QC (Deceased) v Attorney General of Anguilla AXAHCVAP2016/0003. Guy Roots QC appeared for the Attorney General (that is, the Government) of Anguilla. Departing from the approach normally adopted in UK, the Court held (amongst other things) that the before-and-after method of valuation was a legitimate means of assessing the value of the land acquired and injurious affection to the land retained and that the land should be valued on the basis that it was suitable for high-end tourism development and so the Court increased the amount which had been awarded by the Board of Assessment. Read more