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Douglas Edwards QC, planning and environmental law barrister at Francis Taylor Building
In an important conjoined appeal (Lancashire CC v SSEFRA and Bebbington and Jones v NHS Property Services Ltd [2018] EWCA Civ 721 – judgment here) the Court of Appeal has clarified the scope of the principle of “statutory incompatibility”, derived from R (Newhaven Port and Properties Ltd) v East Sussex CC [2015] UKSC 7. On that principal issue, Lindblom LJ (with whom Jackson and Thirlwall LJJ...
Richard Honey, public and environmental law barrister at Francis Taylor Building
The Secretary of State for Housing, Communities & Local Government has confirmed the London Borough of Brent (South Kilburn Regeneration Phase 2 - Land North of Chippenham Gardens) Compulsory Purchase Order.  The CPO provided for the acquisition of various interests in order to redevelop land for housing, including affordable housing, as part of the South Kilburn Estate regeneration programme...
James Pereira QC, planning and environmental law barrister at Francis Taylor Building
The Secretary of State has recently confirmed two housing estate regenerations CPOs.  In Bexley, the next phase of the regeneration of Peabody’s Thamesmead Estate has been given the go-ahead by the confirmation of the London Borough of Bexley (Binsey Walk etc) Thamesmead CPO 2017.  The scheme will deliver a net increase of well over a thousand new homes on just under 10 ha of land in this...
Gary Grant, licensing barrister at Francis Taylor Building
In a relatively rare Crown Court appeal, Calderdale Metropolitan Borough Council has successfully defended their policy of capping the number of hackney carriage licences permitted to operate in Halifax at 37. A challenge to the Council’s policy was brought by Mr Geoffrey Fielden, a former Deputy Mayor of the Council, who wished to operate a fleet of 8-seat “taxi-buses” into and around Halifax...
Douglas Edwards QC, planning and environmental law barrister at Francis Taylor Building
Following a public inquiry held in January 2018, an inspector has recommended rejection an application made to register an area of open land at Barton Park, Marlborough, as a new village green. The application was objected to by Wiltshire County Council, as landowner, and by Marlborough College, who own adjoining land. The basis of the objection, and of the Inspector’s recommendation, was that...
Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2018.  With 15 silks and 12 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many.  This includes a top rating for Michael Humphries QC as the leading infrastructure barrister Top rated silks are Hereward Phillpot QC, Morag Ellis QC, Michael Humphries QC, James Pereira...
Douglas Edwards QC, planning and environmental law barrister at Francis Taylor Building
By a decision letter of 20 March 2018, an Inspector has allowed an appeal by Endurance Land and Whitbread for a large new hotel and office development at the north end of Farringdon Road, near to its junction with Mount Pleasant and Rosebery Avenue. The London Borough of Islington had refused planning permission on the basis, in particular, that a hotel use was not appropriate in policy terms in...
Katherine Barnes, planning and environmental law barrister at Francis Taylor Building
In 2012 Mr G, a pensioner, was found by the Secretary of State for Work and Pensions (“SSWP”) to be entitled to state pension credit (“SPC”), a benefit designed to assist pensioners on low incomes. The SSWP subsequently decided that Mr G was in receipt of “notional income” from his personal pension plan such that he was no longer entitled to SPC (it was later decided that the amount of SPC to...
Richard Glover QC, planning and environmental law barrister at Francis Taylor Building
The Upper Tribunal has handed down its decision in SEM Logistics v. Webb, [2018] UKUT 0019 (LC), a major contractor's basis appeal relating to the rateable value of a former oil refinery re-used as an oil storage depot.  The appeal raised issues of valuation principle and judgement relating to: Costs at stage 1 – in particular, the cost of aluminium roof tanks, which had been omitted from the VOA...
Charles Streeten, planning barrister at Francis Taylor Building
South Cambridgeshire District Council has successfully resisted an appeal by Gladman Developments Limited against their refusal to grant planning permission for a 95 dwelling scheme on the edge of Linton. South Cambridgeshire cannot at present demonstrate a 5 year supply of housing land and, for this reason, has struggled to defend housing development proposals on appeal. Since 2014 nine housing...

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