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.
High Court Refuses Permission to Challenge the International Advanced Manufacturing Park Area Action Plan by Way of Judicial Review
Sunderland City Council and South Tyneside Council are promoting a 150ha International Advanced Manufacturing Park (IAMP) for automotive suppliers on land adjacent to the Nissan manufacturing plant in Sunderland. Read more
High Court Quashes Decision to Downgrade Corby Urgent Care Centre
HHJ Jarman QC today handed down an important judgement quashing the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby. The Claimant, Lyn Buckingham, a local NHS healthcare campaigner, was successful on all of her grounds of Judicial Review. Read more
High Court rules that PINS Lawfully Refused to Consider 400 Appeals for Telephone Kiosks
Maximus Networks Limited (Maximus) submitted a large number of applications for prior approval under Part 16, Class A permitted development rights to construct telephone kiosks across London. In all cases, Maximus had failed in its obligation to give notice of the applications to the owners of the land to which the proposals related. As a result a number of London Boroughs refused to validate the applications for prior approval. Read more
Valuation Tribunal for England (VTE) Determines Guardian Scheme Failed to Mitigate Non-domestic Rates
Ludgate House was a large commercial office building on the Thames by Blackfriars Bridge. It has now been demolished and is being redeveloped. Prior to demolition and whilst the plans for redevelopment were being finalised, the owners of the building employed a security services company to provide guardians. Guardians are short term licencees who would live in the building and were required to stay there at least 5 nights a week and report the presence of any person they suspected did not have permission to be in the building. Read more
Court of Appeal Refuses Permission to Appeal in Planning Enforcement Prosecution Case
In an ex tempore judgment given by Lady Justice Hallett DBE (Vice President of the Court of Appeal Criminal Division), the Court of Appeal has today refused to grant leave to the London Borough of Islington to bring an appeal against the decision of a judge of Blackfriars Crown Court which was a “terminatory ruling”, in a prosecution brought by them. Read more
High Court to Hear JR on the Future of Corby Urgent Care Centre
The High Court will today hear a Judicial Review claim brought against the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby and replace it with an appointment only primary care hub. The decision was taken on 30 January 2018 without public consultation despite repeated promises by the CCG that it would consult on its decision. Read more
High Court Clarifies the Scope and Application of Section 70C of the Town and Country Planning Act 1990 - the Power to Decline to Determine Planning Applications
In Chesterton v Wokingham BC [2018] EWHC 1795 (Admin), the High Court (Upper Tribunal Judge Martin Rodger QC) considered whether a local authority had properly exercised its discretion under section 70C of the Town and Country Planning Act 1990 to decline to determine an application if to do so might grant planning permission for the whole or any part of a matter identified as a breach of planning control in a pre-existing enforcement notice. Read more
Court of Appeal Upholds High Court Quashing of Planning Permission on Reasons Ground
In Tate v Northumberland County Council [2018] EWCA Civ 1519 Lindblom and Jackson LJJ upheld the High Court’s quashing of planning permission for a house in the Green Belt on the grounds of inadequate reasoning. Read more
Judicial Review of HGV Routing Decision Withdrawn
A claim for judicial review brought by Melbury Abbas & Cann Group Parish Council against a decision by Dorset County Council to maintain an advisory one-way routing system of HGV traffic has been withdrawn. Permission to apply for judicial review had previously been refused by Lewis J on the papers. The advisory routing system directed HGV traffic northbound on the A350 and southbound along the C13, supported by additional signage, including vehicle activated message signs which would work in conjunction with a new pull-in area. The decision formed part of Dorset County Council’s A350/C13 Route Management Strategy, supported with grant funding by the Department for Transport. Read more
Gladman Withdraws 3 Appeals in Ashford
Gladman Developments Limited has withdrawn three s78 appeals seeking planning permission for major residential developments in three villages near Ashford, Kent. The inquiry into a proposal for 125 houses in Brabourne Lees had sat for eight days in January 2018 and was due to reconvene for at least two further days in July 2018. The inquiry into a proposal for 245 houses in Charing had sat for 12 days in March and April 2018 and had closed. The decision was due in August 2018. The inquiry into a proposal for 110 houses in Biddenden was due to sit for eight days in October 2018. Read more