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.
Outline Planning Permission for 100 Dwellings Refused on Habitats Grounds
An Inspector has dismissed a non-determination appeal brought by Bargate Homes Limited seeking outline planning permission for the construction of up to 100 residential dwellings on the basis that the proposed development would have a likely adverse effect on the integrity of designated sites in the Solent (APP / A1720 / W / 19 / 3225866). Read more
London Estate Regeneration CPO Confirmed
The London Borough of Waltham Forest (Marlowe Road Estate) Compulsory Purchase Order 2019 was confirmed on 10.12.2019. The CPO was made under section 226 of the Town and Country Planning Act 1990. The Council, together with its development partner Countryside Properties, promoted the CPO to facilitate the carrying out of the redevelopment of the Marlowe Road Estate, to provide new housing, public areas, retail and amenity space. Read more
Important Supreme Court Decision Concerning Land Held by Public Authorities
The Supreme Court has today given judgment in the combined appeals by Lancashire County Council and NHS Property Services Limited. Lord Carnwath, Lord Sales and Lady Black JJSC, who comprised the majority of the constitution, held that land owned by the two public authorities cannot be registered as town or village green (TVG) under the Commons Act 2006 because the land was held by the authorities for defined statutory purposes under general acts of parliament, and registration as TVG would be in conflict with those statutory purposes. This is known as the principle of ‘statutory incompatibility’. The Court of Appeal’s decision on both appeals was overturned. Read more
The Court of Appeal Has Held That There is No General Legal Principle That Licensing Schemes Are Intended to be Self-Financing
Wakefield Council had argued in the High Court and again in the Court of Appeal that “it is a principle of law” that licensing schemes ought to be self-funding rather than being reliant on a local authority’s general funds raised from its council tax payers. The High Court (HH Judge Saffman) was not persuaded there was any such principle; and the Court of Appeal dismissed the council’s appeal against his decision. Read more
Inspector Grants Permission on Appeal for ‘Central Plank’ of Maldon Development Plan
Planning permission has been granted following an inquiry for a mixed use development including 1,138 homes, of which 341 would be affordable, in Heybridge, Maldon. The site is a major strategic allocation in the Maldon District Approved Local Development Plan, which was adopted in 2017. It is described by Maldon District Council as “the largest single contributor to meeting the objectively assessed needs of the District”. Read more
Judicial Review Guide Launched by the Lord Chief Justice of Northern Ireland
Last night, the Lord Chief Justice of Northern Ireland, Sir Declan Morgan, launched ‘Judicial Review in Planning and Environmental Cases in Northern Ireland - A Guide for Litigants in Person’ at an event held in the Friends of the Earth offices in Belfast. The event was attended by a wide range of environmental campaigners, public interest groups and legal professionals, including members of the judiciary. Read more
High Court Considers Green Belt Release for Housing - and Dutch Nitrogen Issue
Sir Duncan Ouseley has handed down judgment in the case of Compton PC, Ockham PC & Cranwell v Guildford BC, SSHCLG & Ors [2019] EWHC 3242 (Admin), dismissing three challenges to the adoption of the Guildford Local Plan under s113 of the Planning and Compulsory Purchase Act 2004. The main issues in the case related to the justification for Green Belt release in the local plan to provide for a supply of around 14,000 houses when the objectively-assessed need (OAN) was around 10,000 houses. Read more
FTB Delighted to Support the London Sinfonietta’s Schools Outreach Programme, Sound Out.
Since the inception of its Participation and Learning programme in 1983, the London Sinfonietta has established a reputation as a pioneer in the field of orchestral music education and as a provider of innovative creative learning programmes. Read more
High Court Makes Order for Full Disclosure and Cross-Examination in Kensington Forum Hotel Judicial Review
Following a contested hearing, the High Court has granted an application by the Royal Borough of Kensington and Chelsea for: (a) Permission to cross-examine the Chief Planner and a Planning Team Leader at the Greater London Authority; and (b) Full disclosure of all documents that have come into existence between 1 December 2018 and 5 July 2019 in respect of or in connection to the consideration and determination of the application for planning permission for the redevelopment of the Kensington Forum Hotel (reference PP/18/03461). Read more
Saira Kabir Sheikh QC, Melissa Murphy and Ned Westaway Nominated for Legal 500 Bar Awards 2020
FTB is delighted to receive three nominations for the Legal 500 Bar Awards 2020. Saira Kabir Sheikh QC has been nominated as Real Estate, Environment and Planning Silk of the Year and both Melissa Murphy and Ned Westaway have been nominated as Real Estate, Environment and Planning Junior of the Year. Read more