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Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building
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...
Annabel Graham Paul, planning and environmental law barrister at Francis Taylor Building
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. The Council had approved the house as an exception to Green Belt policy under NPPF paragraph 89 as “limited infilling within a village”. In 2008, an Inspector had, however, refused...
Richard Honey, public and environmental law barrister at Francis Taylor Building
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against a decision by Dorset County Council to maintain an advisory one-way routing system of HGV traffic has been withdrawn.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...
Richard Honey, public and environmental law barrister at Francis Taylor Building
Gladman Developments Limited has withdrawn three s78 appeals seeking planning permission for major residential developments in three villages near Ashford, Kent.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...
James Rankin, licensing barrister at Francis Taylor Buiding
At a meeting of the licensing sub-committee on 9th July 2018 a sex encounter venue licence was granted to F. Forte Ltd in respect of its Embassy Club premises in Pevensey Road. The application for a 4am licence was opposed by The Town Centre Neighbourhood Panel on the grounds that the grant would have been “inappropriate”. It was granted nevertheless. The successful applicant was represented by...
Gregory Jones QC
This week in Cooper Estates Strategic Land v Wiltshire Council [2018] EWHC1704 (Admin) the high court has quashed a town/village green (TVG) registration on the basis that the land had been identified  for “potential development” by policies in the Core Strategy thereby amounting to a “trigger event” preventing the registration of a TVG.  The court rejected a secondary argument that the...
John Jolliffe, planning, environmental and public law barrister at Francis Taylor Building
FTB is delighted to announce that John Jolliffe has has been promoted to the Attorney General's A panel of approved counsel and Hugh Flanagan to the B panel. Their appointments commence on 1st September 2018. FTB’s full list of panel members is: Richard Honey (A panel),  Mark Westmoreland Smith (B panel), Cain Ormondroyd (B panel), Ned Westaway (B panel), Sarah Sackman (C panel), Annabel Graham...
Meyric Lewis, planning and judicial review barrister at Francis Taylor Building
See Meyric Lewis's slides from his presentation at the International Right of Way Association's International Education Conference in Edmonton Canada June 2018 – “Recent Infrastructure Projects and Proposals in the UK” 
Gary Grant, licensing barrister at Francis Taylor Building
District Judge Julie Cooper, sitting at Camberwell Green Magistrates’ Court, has upheld the decision of the London Borough of Southwark to revoke a convenience store’s premises licence following allegations of illegal workers being employed in conditions akin to “modern slavery”. Peckham Food and Wine had been found, on six separate occasions, to be employing illegal immigrant workers. A broom...
Gerald Gouriet QC
Judgment in the appeal by Uber (“ULL”) against Transport for London’s refusal to renew its PHV operator’s licence was given on 26 June 2018. Uber was given a licence for a limited ‘probationary’ period of 15 months, subject to a schedule of new conditions. The following conditions may be of interest to licensing practitioners: 6.  Circumvention of obligations:  ULL shall not circumvent any of its...

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