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Ned Westaway
The Supreme Court has today handed down judgment in the appeal on costs in planning statutory challenges in CPRE (Kent) v Secretary of State for Communities and Local Government [2021] UKSC 36 (judgment here and press summary here), for which permission to appeal was granted in March 2020 (see here).   The case concerned the principle of whether multiple awards of costs in statutory and judicial...
Merrow Golden
Mrs Justice Thornton has granted permission for a judicial review against the Oil and Gas Authority and the Secretary of State for Business, Energy and Industrial Strategy regarding their decision to adopt The Oil and Gas Authority Strategy. The OGA Strategy came into force in February 2021 and defines what is meant by the OGA’s legal duty to maximise economic recovery of oil and gas from beneath...
Craig Howell Williams QC
A planning Inspector has allowed an appeal against the refusal of permission by Milton Keynes Council for access roads to facilitate the delivery of a sustainable urban extension of over 1,800 homes as part of a cross boundary application in Milton Keynes and Buckinghamshire. He has also refused applications for costs by Milton Keynes Council and Newton Longville and West Bletchley Parish...
Richard Honey QC
Francis Taylor Building is delighted to announce that Richard Honey QC has been elected a Bencher of the Honourable Society of the Inner Temple.  Benchers, who are elected to govern the Inn, are responsible for managing the property, supervising the finances and deciding the policy of the Inn.   A list of the new Inner Temple Benchers is available here.: https://www.innertemple.org.uk/news/new-...
Merrow Golden
The grant of a Development Consent Order approving a major junction improvement scheme on the A38 in Derby has been quashed pursuant to a consent order. The Secretary of State conceded a judicial review claim brought by a local resident in the area immediately affected by the scheme and an actively involved interested party during the prior DCO examination. The claim contended that the decision...
Sutton Trust
For the second year in a row, FTB members are speaking at the Sutton Trust's Pathways to Law programme National Summer Conference. Today, members are participating in a virtual networking session for sixth form students from across the country who are interested in pursuing further education and a career in the legal sector.  Further details regarding FTB's partnership with the Sutton Trust, and...
George Mackenzie
The Court of Appeal has clarified the scope and operation of reg. 38(7) of the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 in two conjoined appeals from the Upper Tribunal (Lands Chamber).  The Avison Young appeal concerned office premises which were subject to a scheme of reconstruction between 1 September 2014 and 23 January 2015. During the...
George Mackenzie
In Royale Parks v SSHCLG [2021] EWCA Civ 1101 the Court of Appeal has confirmed that the approach (to breaches of planning conditions on part of an area of land that benefits from planning permission) taken by Sullivan J (as he was) in St Anselm v First Secretary of State [2003] EWHC 1592 (Admin) was correct, notwithstanding the reservations expressed in that judgment by Sullivan J.  Royale Parks...
Gary Grant
Southwark Council has granted 14 new Premises Licences for all the restaurants and bars at Borough Yards, London, in the heart of Southwark’s Cumulative Impact Zone.  The Licensing Sub-Committee, in deciding to grant the licence applications, stated that they were “satisfied that the licences would be unlikely to add to cumulative impact. The benefits of the Borough Yards development outweighs...
Ned Westaway
The Court of Appeal has dismissed the appeal in Garland and Salaman v SSEFRA [2021] EWCA Civ 1098 (judgment available here), a challenge to a decision to ‘upgrade’ a footpath to a bridleway by way of a definitive map modification order under s.53 of the Wildlife and Countryside Act 1981. The appeal was pursued on the issue of public nuisance alone – namely that because the order route passes...

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