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 High Profile Urgent Interim Injunction Application Against HS2
Yesterday afternoon (1 February 2020) Saira Kabir Sheikh QC and Michael Fry were instructed to resist an application for urgent consideration and urgent interim relief made by a trespasser currently in a tunnel below Euston Square Gardens. The occupation is very high profile, and has been featured on all the major new networks and newspapers, for example: Read more
Stopping Up Challenge Succeeds
An order made under s.247 of the Town and Country Planning Act 1990 (“the 1990 Act”) stopping up land near to a bus stop in the centre of Knowle, Solihull, has been quashed by consent in the High Court (CO/4680/2020). The Open Spaces Society (“OSS”) challenged the order on the basis that the Secretary of State for Transport erred by (i) declining to convene an inquiry without “special circumstances” being demonstrated, (ii) failing properly to consider the necessary extent of stopping up and (iii) excluding from the assessment relevant considerations. Read more
Supreme Court Hears Permission Costs Appeal
The Supreme Court is today hearing the appeal against the Court of Appeal’s decision in Campaign to Protect Rural England – Kent Branch v SSCLG [2019] EWCA Civ 1230 (judgment here). The issue before the Court which is potentially of very wide importance is whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties. Read more
High Court Secures Future of Historic Steam Crane
Mrs Justice Steyn has today handed down judgment in Malvern Hills DC v Secretary of State for Housing Communities and Local Government [2021] EWHC 129 (Admin). Read more
JR of Bloor Homes Permission in Thurston Suffolk Launched by Parish Council
Thurston Parish Council has launched a judicial review against Mid Suffolk Council challenging the grant of planning permission to Bloor Homes for a housing development of 210 units outside the settlement boundary established in the recently made Thurston Neighbourhood Plan. Read more
Court of Appeal Dismisses Drax Challenge
The Court of Appeal has handed down judgment in R (ClientEarth) v Secretary of State for Business, Energy and Industrial Strategy [2021] EWCA Civ 43 – judgment available here. The grounds of challenge concerned the interpretation of National Policy Statements for Energy EN-1 and EN-2 and the application of s.104(7) of the Planning Act 2008. The Court of Appeal held that in making the Drax Power (Generating Stations) Order 2019 consenting the conversion of two coal-fired units to gas-fired generating units, the Secretary of State’s decision was lawful. In summary, the Court of Appeal found: Read more
High Court Quashes the Mayor of London's Streetspace Plan and TfL’s Bishopsgate Traffic Management Order
The High Court has today handed down two judgments in R (UTAG & LTDA) v Transport for London & Mayor of London [2021] EWHC 72 (Admin) and R (UTAG & LTDA) v Transport for London & Mayor of London [2021] EWHC 73 (Admin), allowing the two conjoined claims for judicial review brought by two trade bodies representing the 'Black Cab' industry (the United Trade Action Group and the Licensed Taxi Drivers' Association) to challenge the Mayor of London's Streetspace Plan and Guidance, and a Traffic Management Order prohibiting the use of motorised vehicles, including Hackney Carriages, on Bishopsgate in the City of London. Read more
Planning Permission Granted for Replacement Pig Farm
Antrim and Newtownabbey last night resolved to grant planning permission for a replacement pig farm outside Ballyclare following a contested committee hearing. Read more
Appeal for Major New School and Sports Facilities in Green Belt Dismissed
A planning inspector has dismissed a s.78 appeal for the provision of a new school for 1,000+ pupils together with a number of new grass and artificial sports pitches as well a new sports pavilion for the school and a new club house for Maidenhead Hockey Club in the Green Belt. Read more
Court of Appeal Confirms Use Permitted Must be Limited to That Applied for
The Court of Appeal has handed down judgment in Ikram v Secretary of State for Housing and Communities & Another [2021] EWCA Civ 2 and in doing so has upheld the decision of Lang. J to quash an Inspector’s decision letter granting planning permission for use of land in Brent as a Mosque. Read more