20
Jun' 24
Supreme Court’s Judgment in Finch Rules That ‘Downstream’ Greenhouse Gas Emissions Are Environmental Effects Requiring Assessment Through the EIA Process

Gregory Jones KC, Alexander Greaves

The Supreme Court has today handed down a landmark judgment in R (Finch) v Surrey County Council and others [2024] UKSC 20 which considers the scope of indirect effects under the EIA Directive, overturning the judgment of the Court of Appeal. 

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19
Jun' 24
London Legal Walk 2024

Simon Bird KC, Craig Howell Williams KC, Claire Nevin, Armin Solimani, Gabriel Nelson

Chambers is delighted to so far have raised £1660 for the London Legal Support Trust which includes a £750 donation from Chambers.

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19
Jun' 24
Four Members of Chambers Included in Advocate’s Inaugural Pro Bono Recognition List of England and Wales

Jeremy Phillips KC, Richard Honey KC, Charles Forrest, Stephanie Bruce-Smith

Chambers is delighted that Jeremy Phillips KC, Richard Honey KC, Charles Forrest and Stephanie Bruce-Smith have all been included in Advocate’s Inaugural Pro Bono Recognition List of England and Wales in recognition of their dedication to providing pro bono services.

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14
Jun' 24
Appeal Dismissed for 40 Houses in the Cotswolds National Landscape

Annabel Graham Paul

A planning inspector has dismissed an appeal for up to 40 houses (50% affordable) in West Oxfordshire, on the edge of the village of Ascott-under-Wychwood, which lies in the Cotswolds National Landscape (formerly AONB).

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12
Jun' 24
Michael Fry and Esther Drabkin-Reiter Appointed to the Equality and Human Rights Commission’s Panel of Counsel

Michael Fry, Esther Drabkin-Reiter

Chambers is pleased to announce that following a highly competitive application process two members of Chambers have been appointed to the Equality and Human Rights Commission’s panel of counsel. Michael Fry has been appointed to the B Panel and Esther Drabkin-Reiter has been appointed to the C Panel.

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10
Jun' 24
Planning Permission Granted For Major Mixed-Use Development at Former Wisley Airfield, Surrey

Simon Bird KC, Jonathan Welch

Following an 8-week public inquiry held in the autumn of 2023, the Secretary of State’s appointed Inspector (C Downes) has allowed an appeal against non-determination and granted planning permission for a major residential-led mixed-use scheme at the site of the former Wisley Airfield, Surrey. 

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07
Jun' 24
Appeal Dismissed in Asylum Seeker Accommodation EIA Screening Judicial Review

Richard Honey KC, Charles Streeten, Michael Rhimes

The Court of Appeal has dismissed the appeal against the judgment of Mrs Justice Thornton in the case of R (Clarke-Holland) v SSHD & SSLUHC [2024] PTSR 617, following an agreed request by the parties.  

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03
Jun' 24
Supreme Court Refuses Permission To Appeal in East Anglia One North and East Anglia Two Offshore Windfarm Case

Hereward Phillpot KC, Mark Westmoreland Smith KC, Hugh Flanagan, Jonathan Welch

The Supreme Court (Lord Briggs, Lord Burrows and Lady Simler) has refused permission to Substation Action Save East Suffolk Ltd (“SASES”) to appeal against the decision of the Court of Appeal in R (SASES) v. Secretary of State for Energy Security and Net Zero [2024] EWCA Civ 12.

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31
May' 24
120-Hectare Former Research Campus Confirmed to Be in Class E Use

Douglas Edwards KC, Stephanie Bruce-Smith

An inspector has allowed an appeal made by Lochailort Kentford Ltd against a refusal by West Suffolk Council to grant a CLEUD in respect of the 120-acre former Animal Health Trust’s campus at Kentford, Suffolk. 

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29
May' 24
High Court Dismisses Judicial Review of Planning Permission for Major Development by UK’s Biggest Wine Producer in the AONB

Isabella Tafur

The High Court has dismissed an application for judicial review by Sarah Moakes, a member of CPRE, against the decision of Canterbury City Council to grant planning permission for a 11,900m2 winery and 8,000m2 of warehousing to be part-occupied by Chapel Down, a leading wine producer, in the Kent Downs AONB.

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24
May' 24
Camden Council Grants Farsight Collective 4am Licence for New Grassroots Music Venue in Seven Dials Cumulative Impact Area

Gary Grant

Following a heavily contested hearing before the London Borough of Camden’s Licensing Sub-Committee, on 23 May 2024 a premises licence was granted to Farsight Collective to operate a new 500-capacity grassroots music venue and community hub in St Giles within the Seven Dials Cumulative Impact Area.

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24
May' 24
High Court Dismisses Challenge to the Mooring of the Bibby Stockholm Barge

Richard Honey KC, Stephanie Bruce-Smith

On 23 May 2024, the High Court (Mr Justice Holgate) handed down judgment in R (Parkes) v Dorset Council & Ors [2024] EWHC 1253 (Admin), dismissing an application for judicial review brought by Carralyn Parkes, mayor of Portland Town Council, regarding the mooring of the Bibby Stockholm barge in Portland Harbour, Dorset. The Bibby Stockholm is used by the Home Office to accommodate asylum seekers.  It is moored above a part of the sea which is never exposed by the tide, lying below the low water mark.

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24
May' 24
High Court Dismisses Agricultural Pollution/ River Wye Judicial Review: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin)

Ned Westaway, Charles Streeten

The High Court (Dove J.) has today handed down an important judgment in R (River Action) v Environment Agency [2024] EWHC 1279 (Admin), dismissing a challenge to the Environment Agency’s (‘EA’) policy on the enforcement of the “Farming Rules for Water” (properly ‘the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018’).

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21
May' 24
Court of Appeal Refuses an Appeal Against High Court’s Decision to Dismiss a Judicial Review of the Grant of Development Consent for Manston Airport - R (Dawes) v Secretary of State for Transport [2024]

Michael Humphries KC, Mark Westmoreland Smith KC, Isabella Tafur, Mark O’Brien O’Reilly

The Court of Appeal (Lewis, Jackson and Warby LJs) has today dismissed an appeal against the decision of Mr Justice Dove to dismiss a judicial review of the decision of the Secretary of State for Transport to grant development consent for the development and reopening of Manston Airport in Kent as a dedicated air freight facility.

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13
May' 24
Sizewell C: Supreme Court Rejects Application for Permission to Appeal

Hereward Phillpot KC, Hugh Flanagan

The Supreme Court has rejected an application by Together Against Sizewell C Limited (TASC) for permission to appeal against the decision of the Court of Appeal in the case of R (Together Against Sizewell C Limited) v. (1) Secretary of State for Energy Security and Net Zero (2) Sizewell C Limited [2023] EWCA Civ 517.

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10
May' 24
Court of Appeal Grants Permission for Challenge to Oil Exploration Project in an AONB

Merrow Golden

The Court of Appeal has granted permission to appeal the Order of Lieven J in the case Frack Free Balcombe Residents Association v Secretary of State for Levelling Up, Housing and Communities and others [2023] EWHC 2548 (Admin).

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03
May' 24
The Murfitt Principle in the Court of Appeal: SSLUHC v Caldwell and Timberstore Limited

Douglas Edwards KC, Michael Rhimes

The Court of Appeal has given judgment in Secretary of State for Levelling-up, Housing and Communities v Caldwell [2024] EWCA Civ 467.

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01
May' 24
Preliminary Hearings for the Draft Oxford Local Plan 2040

George Mackenzie

The draft Oxford Local Plan 2040 was submitted to the Secretary of State for Levelling Up, Communities and Housing on 28 March 2024, which marks the beginning of a public examination process.

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30
Apr' 24
Successful Application For a Section 187B Injunction - Chelmsford CC and Braintree DC v Mixture [2024] EWHC 1006 (KB)

Mark O’Brien O’Reilly

The High Court (Saini J) has today handed down judgment in Chelmsford CC and Braintree DC v Mixture [2024] EWHC 1006 (KB) in which Mark O'Brien O'Reilly acted for the successful Claimants.

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30
Apr' 24
London Borough of Newham (James Riley Point) CPO 2023 Confirmed

Douglas Edwards KC

An Inspector, appointed by the Levelling-Up Secretary, has confirmed the London Borough of Newham (James Riley Point) CPO 2023. 

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26
Apr' 24
Deregistration of Town and Village Greens: Strack in the Court of Appeal

Douglas Edwards KC, Hugh Flanagan, Michael Rhimes

The Court of Appeal has dismissed an appeal challenging the deregistration of a town and village green (“TVG”) and its replacement with adjoining land.

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15
Apr' 24
Mineral Prospecting Licence Judicial Review

Gregory Jones KC, Richard Honey KC

The High Court in Belfast (Madam Justice McBride) last week heard a judicial review over four days which was brought by Derry City and Strabane District Council against the Department for the Economy. 

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27
Mar' 24
Hynet - Development Consent Granted for Carbon Dioxide Pipeline

Alexander Booth KC

In a decision letter dated 20th March 2024. the Secretary of State has granted development consent for the Hynet Carbon Dioxide pipeline.

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25
Mar' 24
Comer Homes Refused Permission for 2,419 Homes in the North London Business Park

Annabel Graham Paul

Inspector Christa Masters has dismissed an appeal by Comer Homes Group for up to 2,419 residential units on the North London Business Park in Barnet.

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22
Mar' 24
Court of Appeal Rejects Challenge to the Use of Non-Objection and Confidentiality Clauses in Heads of Terms To Acquire Land Required for a Proposed NSIP

Mark Westmoreland Smith KC, Jonathan Welch, Hereward Phillpot KC, Hugh Flanagan

On 22 March 2024 the Court of Appeal (Sir Keith Lindblom SPT, Dingemans, Andrews LJJ) unanimously dismissed an appeal by Suffolk Energy Action Solutions SPV Limited against the decision of Holgate J to reject a judicial review challenge brought against the grant of development consent for two offshore windfarm projects: East Anglia One North and East Anglia Two.

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20
Mar' 24
Secretary of State Refuses Permission for Development at Land East of Tring – a Major Urban Extension in the Green Belt

Simon Bird KC, Esther Drabkin-Reiter

Planning permission has been refused for an urban extension to the town of Tring in Hertfordshire, which proposed up to 1,400 dwellings (including up to 140 Use Class C2 dwellings); a new local centre and sports/community hub; primary school; secondary school; and public open spaces including creation of a Sustainable Alternative Natural Green Space (SANG).

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18
Mar' 24
Conditions Restricting Ability to Cross-Border Subcontract Quashed on Appeal

Charles Holland

In Hall and 57 Taxis Ltd v. York City Council (11 March 2024), District Judge (Magistrates’ Courts) Lower sitting at York Magistrates’ Court has allowed an appeal brought by a PHV operator against a decision of York City Council to impose conditions on an operator’s licence granted by it which placed restrictions on the ability of the operator as to which “out of area” drivers it could sub-contract work to.

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18
Mar' 24
Mark Westmoreland Smith KC Formally Appointed as King’s Counsel Today

Mark Westmoreland Smith KC

Francis Taylor Building is delighted that Mark Westmoreland Smith KC was today formally appointed as King’s Counsel having received his letters patent.

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13
Mar' 24
Court of Appeal Dismisses Challenge to Re-powering of Existing Wind Farm

Conor Fegan

The Court of Appeal (Northern Ireland) (Treacy LJ and Horner LJ) has dismissed an appeal against the refusal of leave to judicially review a grant of planning permission by Causeway Coast and Glens Borough Council for the re-powering of an existing wind farm. 

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07
Mar' 24
Permission Refused for Judicial Review Challenge Regarding Alleged Change of Use at Student Central, Malet Street, London

Horatio Waller, Esther Drabkin-Reiter

The High Court has refused permission to bring an application for judicial review against a decision of the London Borough of Camden not to take enforcement action against an alleged change of use of Student Central, which operated as a Students’ Union for the University of London prior to the coronavirus pandemic and is now leased by Birkbeck College.

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06
Mar' 24
Licence Granted For New 23,500 Capacity Co-op Live Arena in Manchester

Jeremy Phillips KC, Gary Grant, Leo Charalambides

At a hearing on 21 and 22 February 2024, Manchester’s Licensing Sub-Committee considered a contested application for a premises licence for the new £365m 23,500 capacity Co-op Live Arena located in the Etihad Campus.

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04
Mar' 24
Sun Shines on Downing

Mark Westmoreland Smith KC

Downing Renewable Developments LLP (“Downing”) has been granted planning permission for a 49.9MW solar farm near Wisbech in Norfolk.

There have a number of a recent solar farm decisions which have taken a restrictive approach to solar farms on best and most versatile agricultural land. This decision is an important antidote to them.

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29
Feb' 24
Whitley Once Again - No Discretion to Refuse to Determine Applications

Brendan Brett, Daisy Noble

The High Court has considered and, in a judgment handed down today, rejected a suggestion that a local planning authority has a discretion to refuse to determine an application for the discharge of a condition which it considers after the statutory 3-year deadline for the implementation of the planning permission to which it relates.

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29
Feb' 24
Development Consent Granted for New Energy from Waste Combined Heat and Power Facility

Alexander Booth KC

The Secretary of State has granted development consent for the Medworth Energy from Waste Combined Heat and Power Facility, on a site at Algores Way in Wisbech, finding that it accorded with policy in both 2011 and 2024 National Policy Statements.

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28
Feb' 24
Consortium of Developers Consents to Judgment for Breach of s.106 Agreement at Barry Waterfront, Barry, Vale of Glamorgan

Meyric Lewis KC, Esther Drabkin-Reiter

A Consortium of developers (BDW Trading Ltd, Taylor Wimpey Ltd and Persimmon Homes Ltd) has consented to judgment following proceedings brought by Vale of Glamorgan Council for injunctive relief to compel compliance with obligations in a s.106 agreement relating to the provision of public open space for phases of a major regeneration project at Barry Waterfront.

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26
Feb' 24
Conditions Can Only Be Imposed if Found To Be Necessary: Application of the Blue Pencil Rule on Consent Order

Gregory Jones KC

Willoughby (610) Limited v Secretary of State for Levelling Up Housing and Communities and Harborough District Council and Willoughby (608) Limited and Bybrook Finance Solutions Ltd [2023] EWHC 2553 (Admin).

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26
Feb' 24
Court of Appeal Sets Out Approach To Statutory Interpretation in Upholding Welsh Government’s Decision That It Had No Power To Intervene in the Discharge of Conditions for Coal Mine

Gregory Jones KC

The King (on the application of Coal Action Network v (1) Welsh Ministers (2) Coal Authority (3) Energybuild Mining Limited [2023] EWHC 1194 (Admin)

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23
Feb' 24
Three Members of Chambers Appear at Licensing Hearing for New 23,500 Capacity Co-op Live Arena in Manchester

Jeremy Phillips KC, Gary Grant, Leo Charalambides

At a hearing on 21 and 22 February 2024, Manchester’s Licensing Sub-Committee considered a contested application for a premises licence for the new £365m 23,500 capacity Co-op Live Arena located in the Etihad Campus.

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22
Feb' 24
Morag Ellis KC and Mark Hill KC Contribute to New Book - The Legal History of the Church of England

Morag Ellis KC, Mark Hill KC

The book which will be published today provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day.

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20
Feb' 24
Secretary of State Grants Development Consent for the UK’s First Commercial Scale, Full Chain Carbon Capture and Storage Project

Hereward Phillpot KC, Isabella Tafur

The Secretary of State for Energy Security and Net Zero has granted development consent for the Net Zero Teesside Project, the UK’s first commercial scale, full chain Carbon Capture and Storage Project.

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15
Feb' 24
Exceptional Circumstances Test Met - Costs Award Made in Favour of Rule 6 Party

Merrow Golden

Through a costs decision dated 13 February 2024, the Secretary of State has exceptionally ordered costs to be paid to a Rule 6 Party, Oakham Action, in respect of a section 78 planning appeal that had been withdrawn by the Appellant in July 2023.

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14
Feb' 24
72 Flat Scheme on Brownfield Site in Romford: Appeal Dismissed

Meyric Lewis KC, Horatio Waller, Michael Rhimes

The Appellant, London Square Ltd, sought permission for four to five storey residential buildings comprising a total of 72 flats, together with ancillary development such as amenity space and parking.

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14
Feb' 24
Cornwall Council Consents to Judgment Following its Unlawful Refusal to Register Applications to Modify the Definitive Map and Statement of Public Rights of Way

Ned Westaway, Esther Drabkin-Reiter

Cornwall Council has consented to judgment following proceedings brought by the British Horse Society (BHS) challenging its failure to register applications for definitive map modification orders (DMMOs) made under s.53(5) of the Wildlife and Countryside Act 1981 (the 1981 Act).

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13
Feb' 24
Flood Risk in the High Court

Hugh Flanagan

Mr Justice Holgate has handed down judgment in Mead Realisations and Redrow Homes Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 279. The case will be of interest to all those dealing with planning policy and guidance on flood risk, and planning policy and guidance more generally.

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06
Feb' 24
Inspector Rules That Houses Must Be Reduced In Height – Not Demolished

George Mackenzie, Merrow Golden

In a s174 appeal brought against an enforcement notice issued by the London Borough of Southwark (“LBS”) against three completed terraced houses, an Inspector has granted partial permission to allow the buildings to remain but with their height reduced by 472mm. 

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05
Feb' 24
Appeal Against Refusal of 47MW Solar Energy Generating Station Allowed

Hereward Phillpot KC

Planning permission has been granted on appeal for the development of a solar energy generating station with a capacity of about 47MW on agricultural land near Marden in Kent (Appeal Ref: APP/U2235/W/23/3321094).

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31
Jan' 24
Banwell Bypass CPO Confirmed by Secretary of State

Andrew Tait KC, Alexander Greaves

The Secretary of State for Transport has confirmed the Banwell Bypass Compulsory Purchase Orders and related Side Roads Order. The Orders, made by North Somerset Council, will finally enable the long-proposed bypass of the historic village of Banwell on the northern edge of the Mendip Hills AONB. 

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29
Jan' 24
Planning Injunctions Against Persons Unknown After Wolverhampton City Council v London Gypsies and Travellers – the High Court Decision in Buckinghamshire Council v Barrett [2024] EWHC 140 (KB)

Mark O’Brien O’Reilly, Michael Rhimes

In what is likely the first decided case of this nature since the Supreme Court handed down its judgment in Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, the High Court has considered an application for a planning injunction against persons unknown, as well as against a named defendant. 

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24
Jan' 24
Housing Development in Hounslow – Secretary of State Grants Permission for Controversial 2,150 Dwelling Scheme

Alexander Booth KC

In a decision letter dated 11th December 2023, the Secretary of State has granted planning permission for substantial mixed use re-development at two retail locations at Syon Lane; the former Homebase site and the Tesco Osterley site.

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19
Jan' 24
Secretary of State Concedes Challenge to Planning Permission Granted Near to Atomic Weapons Establishment Burghfield

Richard Honey KC, Mark Westmoreland Smith KC, Michael Fry

The Secretary of State has conceded a section 288 application brought by AWE plc - and supported by the Office of Nuclear Regulation (“ONR”) as an interested party - against an allowed appeal for 32 dwellings which were within the Detailed Emergency Planning Zone (“DEPZ”) for AWE Burghfield. 

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19
Jan' 24
Mark Westmoreland Smith Awarded Silk

Mark Westmoreland Smith KC

Francis Taylor Building is delighted that the King has accepted the recommendation of the Lord Chancellor that Mark Westmoreland Smith be appointed King's Counsel.

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19
Jan' 24
When Does Caravan Remain a “Caravan”?  Inspector Upholds Enforcement Notice for Lake District Caravan

Stephanie Bruce-Smith

An Inspector has upheld an enforcement notice issued by the Lake District National Park Authority (the ‘LDNPA’) in respect of a material change of use of land to residential, including the residential occupation of a caravan.

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18
Jan' 24
Court of Appeal Dismisses Challenge to EA1N and EA2 Offshore Windfarm DCOs

Hereward Phillpot KC, Mark Westmoreland Smith KC, Hugh Flanagan, Jonathan Welch

On 17 January 2024 the Court of Appeal (Coulson, Lewis, William Davis LJJ) unanimously dismissed an appeal by Substation Action Save East Suffolk Limited against the decision of Lang J to reject the judicial review challenge brought against the grant of development consent for two offshore windfarm projects: East Anglia One North and East Anglia Two.

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16
Jan' 24
Redevelopment of Prince George’s School To Go Ahead

Meyric Lewis KC, Charles Streeten

The High Court has dismissed a judicial review of RB Kensington and Chelsea's grant planning permission for the redevelopment of Thomas's London Day School, Kensington whose alumni include HRH Prince George of Wales and Princess Charlotte, Cara Delevingne and Florence Welch.

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05
Jan' 24
Climate Change: Court of Appeal Decides Scope of Section 13 Duty Under the Climate Change Act 2008

Mark Westmoreland Smith KC

On 21 December 2023 the Court of Appeal handed down judgment in R (oao Global Feedback Limited) v (1) Secretary of State for Environment, Food and Rural Affairs and (2) Secretary of State for Energy, Security and Net Zero [2023] EWCA Civ 1549. A copy of the judgment can be found here.

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20
Dec' 23
Mark O’Brien O’Reilly Successful in Obtaining Interim Injunction Preventing Further Works to a Grade II* Listed Building

Mark O’Brien O’Reilly

The High Court has granted an interim injunction restraining further works to a Grade II* Listed Building, the Regal Cinema, in Uxbridge.

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20
Dec' 23
Court of Appeal Rejects Challenge to Sizewell C Development Consent Order

Hereward Phillpot KC, Hugh Flanagan

The King (Together Against Sizewell C Ltd.) v. (1) Secretary of State for Energy Security and Net Zero (2) Sizewell C Ltd. [2023] EWCA Civ 1517

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18
Dec' 23
Entries open for Kingsland Cup and Prize Moot 2023-2024

Brendan Brett, Michael Feeney, Stephanie Bruce-Smith

Entries open for Kingsland Cup and Prize Moot 2023-2024

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15
Dec' 23
FTB Academic Panel seminar 2023

Richard Honey KC, Esther Drabkin-Reiter

Francis Taylor Building held its annual Academic Panel seminar on 15 December 2023.  The seminar provides an opportunity for members of the FTB Academic Panel to present informally on their current work to FTB barristers – and for FTB barristers to hear about developments in public and environmental law beyond day-to-day practice – and for the wider exchange of ideas.  

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15
Dec' 23
Richard Honey KC Elected ALBA Vice Chair

Richard Honey KC

Richard Honey KC has been elected as Vice Chair of the Constitutional and Administrative Law Bar Association, known as ALBA, for a two year term. ALBA is the professional association for barristers in England and Wales practising in public law, including administrative law, constitutional law, judicial review, and other areas of practice concerned with regulating the exercise of public powers.  

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12
Dec' 23
Northumberland Estates Refused Permission for 80 Residential Dwellings on Local Open Space Used as Allotments Following Public Inquiry

Claire Nevin

Northumberland Estates, which represents the business interests of the Duke of Northumberland and the Percy family, has failed to secure planning permission for 80 residential dwellings, concierge building, car and cycle parking, landscaping and associated works; and infrastructure and other structures associated with allotment use.

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11
Dec' 23
Chambers Helps Big Yellow Achieve a Consent for Self Storage in Epsom

Mark Westmoreland Smith KC

Planning permission has been granted for the demolition of an existing building, currently a Majestic Wine, and the construction of a Big Yellow self-storage facility (Use Class B8) and flexible office space (Use Class E(g)(i)), together with vehicle parking and landscaping in Epsom town centre.
 

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07
Dec' 23
High Court Dismisses Applications to Challenge the Use of Airfield Sites as Temporary Asylum Accommodation

Richard Honey KC, Michael Rhimes, Charles Streeten

The High Court, on 6 December 2023, has handed down judgment in R (Clarke-Holland & Ors) v Secretary of State for Home Department & Ors [2023] EWHC 3140 dismissing three applications brought by, respectively, Gabriel Clarke-Holland, Braintree District Council and West Lindsey District Council, regarding the use of two airfield sites by the Secretary of State for the Home Department as temporary accommodation for asylum seekers (“SSHD”).

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04
Dec' 23
Environment Agency Flood Defence Works Did Cause Damage to Listed Building

Meyric Lewis KC

The Upper Tribunal (Lands Chambers) has determined on the hearing of a preliminary issue that the Environment Agency's works carried out as part of the Sandwich Town Tidal Defence scheme did cause damage to the Kings Lodging, a circa fifteenth century Grade II listed building, see Brookhouse and Brookhouse v. Environment Agency [2023] UKUT 00282 (LC) involving a claim under para. 5(1) of Schedule 21 to the Water Resources Act 1991.  

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04
Dec' 23
FTB Reappointed to LBLA Framework

FTB is delighted to have been reappointed to the London Boroughs' Legal Alliance (LBLA) framework following a competitive tender process. Chambers has been appointed to the panel continuously since its inception in 2009.

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30
Nov' 23
Bloor Homes Refused Permission for 180 Dwellings in the Village of Wickwar, South Gloucestershire Following Public Inquiry

Suzanne Ornsby KC, Claire Nevin

Bloor Homes have failed to secure planning permission for 180 dwellings in the village of Wickwar following a public inquiry. Members at South Gloucestershire Council had refused permission, against officer recommendation, in circumstances where it was accepted that the tilted balance was engaged. 

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29
Nov' 23
Supreme Court Confirms that “Newcomer” Injunctions are Permissible in Equity

Michael Fry

This morning, 29 November 2023, the Supreme Court handed down judgment in Wolverhampton City Council & Ors (Respondents) v London Gypsies and Travellers & Ors (Appellants) [2023] UKSC 47 (which was known as Barking & Dagenham in the High Court and Court of Appeal).

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29
Nov' 23
Western Gas Network Project

Mark Westmoreland Smith KC

The Secretary of State for Energy Security & Net Zero has confirmed the National Gas Transmission Plc (Western Gas Network Project) Compulsory Purchase Order 2022 (“the Order”), which was made under section 9 of and Schedule 3 to the Gas Act 1986 and the Acquisition of Land Act 1981, following an inquiry held in May 2023.

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24
Nov' 23
New 4am Licence Granted to The Bottaccio Group in Camden

James Rankin, Charles Streeten

At a lengthy hearing before LB Camden’s Licensing Sub Committee James Rankin of Francis Taylor Building managed to secure a new 4am, 1200 capacity, premises licence for The Bottaccio Group who aim to establish a high-end events space located in Camden’s old Town Hall.

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21
Nov' 23
Non-Justiciability of Religious Disputes: A Ugandan Case Note

Mark Hill KC

In this case summary, Mark Hill looks at an interesting judgment from Uganda on the limits of the secular courts’ jurisdiction over the internal affairs of Churches.

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07
Nov' 23
Planning Permission Refused for New Truckstop in the Cotswolds AONB

Alexander Greaves

An inspector has dismissed an appeal against Cotswold District Council’s decision to refuse planning permission for a new truckstop located off the A417 in the Cotswolds AONB to the north of Cirencester. 

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01
Nov' 23
Secretary of State Refuses Permission for UK’s Largest Hyperscale Datacentre

Annabel Graham Paul

The Secretary of State has dismissed a called-in appeal for the UK’s largest hyperscale datacentre. The datacentre was proposed to be built in the Slough Availability Zone (SAZ) in the Green Belt.

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23
Oct' 23
The Now Building, Tottenham Court Road

Craig Howell Williams KC, Daisy Noble

The Now Building in Tottenham Court Road is part of the Outernet entertainment district and a significant development in Central London. It is a unique space for the exhibition of digital artwork with four storey 360 degree screens and 4D and interactive capabilities

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17
Oct' 23
Mid and East Antrim Resolves to Adopt Plan Strategy

Conor Fegan

At a meeting of the Full Council held on the evening of 16 October 2023,  Mid and East Antrim Borough Council resolved to formally adopt its draft plan strategy.  

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13
Oct' 23
Morag Ellis KC Installed as Lay Canon of St Paul’s Cathedral

Morag Ellis KC

Morag Ellis KC was installed by the Very Rev Andrew Tremeltt, Dean of St Paul's as a lay canon of St Paul's Cathedral during a service of evensong on 12th October.

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11
Oct' 23
SoS Makes the Rixton and Warburton Bridge Order

Rebecca Clutten

The Secretary of State for Transport has made the Manchester Ship Canal Company (Rixton and Warburton) Bridge Order 2023, a Transport & Works Act Order that will provide for a sustainable future for the Rixton and Warburton Bridge, a C19 iron toll bridge crossing the Manchester Ship Canal.

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04
Oct' 23
Morag Ellis KC Named as Planning and Land Use Silk of the Year by Legal 500 Bar Awards

Morag Ellis KC

We are delighted to announce that Morag Ellis KC has been named Planning and Land Use Silk of the Year 2023 by Legal 500 Bar Awards at a ceremony held yesterday evening (3 October 2023).

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03
Oct' 23
Guy Roots KC, Craig Howell Williams KC and Meyric Lewis KC Appointed to the RICS Panel of Dispute Resolvers for Compulsory Purchase Disputes

Guy Roots KC, Craig Howell Williams KC, Meyric Lewis KC

The Alternative Dispute Resolution (ADR) for Compulsory Purchase Disputes is a new RICS service. It is designed to help resolve the full ambit of disputes that can arise between acquiring authorities and land/property owners. 

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25
Sep' 23
Two New Tenants: Stephanie Bruce-Smith and Claire Nevin

Stephanie Bruce-Smith, Claire Nevin

FTB is delighted to announce that Stephanie Bruce-Smith and Claire Nevin have both accepted invitations to join Chambers and will become tenants on 2 October 2023 after completion of their pupillages.

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22
Sep' 23
High Court Upholds Decision to Grant Development Consent for Manston Airport

Andrew Tait KC, Mark Westmoreland Smith KC, Mark O’Brien O’Reilly, Michael Humphries KC, Isabella Tafur

The High Court has rejected a challenge to the Secretary of State’s decision to grant development consent for the reopening of Manston Airport in Kent, to operate as a dedicated air freight facility.

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22
Sep' 23
Secretary of State Refuses Consent for Two Tall Building Schemes Close to the Shard

Hereward Phillpot KC, Caroline Daly

In a long awaited decision following a four-week inquiry in July and August 2022, the Secretary of State has refused consent for two tall building proposals close to the Shard.

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19
Sep' 23
John Jolliffe Acts for the Foreign Office in Freedom of Information Appeal

John Jolliffe

The General Regulatory Chamber of the FTT has handed down judgment in William v (1) Information Commissioner and (2) the Foreign Commonwealth and Development Office [2022] UKFTT 00525 (GRC).
 

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15
Sep' 23
O2 Brixton Academy Licensing Proceedings: 3 Members of FTB Instructed

Gerald Gouriet KC, Gary Grant, Horatio Waller

On 15 December 2022, at the O2 Academy Brixton, a crushing incident occurred which led to the death of two individuals. 

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11
Sep' 23
FTB Receives Two Nominations for Chambers and Partners Bar Awards 2023

Rebecca Clutten

Francis Taylor Building is delighted to receive two nominations for the Chambers and Partners Bar Awards 2023.

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07
Sep' 23
New Judgment on Riparian Rights and Responsibilities

Ned Westaway, Caroline Daly

In a combined judgment the Upper Tribunal (Land Chamber) and the Central London County Court have dismissed two claims concerning the management of water at an ancient mill on the River Colne in Essex.

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06
Sep' 23
Planning, Public and Property Law Mentoring Scheme for Under-Represented Groups: 2023-2024

In 2021, Francis Taylor Building and four other planning, property and public law sets (Cornerstone Barristers, Field Court Chambers, Kings Chambers and Landmark Chambers) set up a mentoring scheme for underrepresented groups at the Bar. 

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24
Aug' 23
The ULEZ Decision

Craig Howell Williams KC, Merrow Golden

Following a two-day hearing on 4-5 July, Mr Justice Swift has given his judgment on the ULEZ High Court action at R (on the application of Hillingdon LBC et al) v Mayor of London [2023] EWHC 1972 (Admin).

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14
Aug' 23
Inappropriate Development in the Green Belt: Court Interprets Para 150(e) of the NPPF

Annabel Graham Paul, Hugh Flanagan

Lieven J has handed down judgment on the interpretation of para 150(e) of the NPPF and what constitutes inappropriate development in the Green Belt. 

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11
Aug' 23
Supreme Court CAAD Judgment in SoS for Transport v Curzon Park Limited and Others

James Pereira KC, Caroline Daly, Richard Glover KC

The Supreme Court has handed down judgment in Secretary of State for Transport v Curzon Park Limited (and others).

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02
Aug' 23
Hugh Flanagan Appointed to the Attorney General’s A Panel of Approved Counsel and Michael Fry to the B Panel

Hugh Flanagan, Michael Fry

FTB is delighted to announce that Hugh Flanagan has been appointed to the Attorney General's A panel of approved counsel and Michael Fry to the B panel. The appointments take effect on 1 September 2023 for a period of five years.

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01
Aug' 23
High Court Judgment in Uber Britannia Limited v Sefton Borough Council

Gerald Gouriet KC, Charles Holland

The High Court has given judgment in the case of Uber Britannia Limited v Sefton Borough Council [2023] EWHC 1975 (KB) and held that an operator who accepts a private hire booking is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking. 

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31
Jul' 23
High Court Dismisses Claim by NHS Trust Against the Grant of Planning Permission

Saira Kabir Sheikh KC

The Court has today dismissed a claim by the Worcestershire Acute Hospitals NHS Trust against the decision of the Malvern Hills, Wychavon and Worcester Councils to grant planning permission to Welbeck Strategic Land LLP for a significant mixed use development of up to 2,204 dwellings including affordable housing, hotel, school, employment land, health facility and other development.

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31
Jul' 23
Dartmoor Wild Camping Appeal Allowed

Richard Honey KC, Ned Westaway, Esther Drabkin-Reiter, Stephanie Bruce-Smith

The Court of Appeal has handed down judgment in the appeal in the wild camping case of Darwall v Dartmoor National Park Authority [2023] EWCA Civ 927, allowing the Authority’s appeal.  The appeal was supported by the Open Spaces Society as intervener, which made written and oral submissions in the Court of Appeal. 

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31
Jul' 23
The Court of Appeal Upholds the Power of Local Authorities to Restrict voting on Planning Applications by Elected Members

Hereward Phillpot KC, Isabella Tafur

The Court of Appeal has handed down judgment in R (on the application of The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets and Old Truman Brewery Limited [2023] EWCA Civ 917, finding that local authorities are entitled to adopt standing orders that restrict the right of elected members to vote on planning applications.

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25
Jul' 23
Mark Hill KC to Give Lecture for Aston Law School - State, Churches and Chancel Repairs – Twenty Years On

Mark Hill KC

Mark Hill KC who was junior counsel for the Parochial Church Council (led by Charles George QC) in Aston Cantlow v Wallbank will discuss the case in detail, and its impact over the two decades that have passed since the Law Lords decided the matter. 

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24
Jul' 23
Mark O’Brien O’Reilly Called to the Bar of Ireland

Mark O’Brien O’Reilly

Mark O’Brien O’Reilly was called to the Bar of Ireland on 21 July 2023. Following his admission to the degree of Barrister-at-Law by the benchers of The Honourable Society of King’s Inns, Mark was called to the Bar of Ireland by the Chief Justice of Ireland, Mr Justice Donal O’Donnell.

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24
Jul' 23
The London Borough of Barnet (Grahame Park Regeneration Area) Compulsory Purchase Order No. 2 2022

Richard Glover KC

The London Borough of Barnet (Grahame Park Regeneration Area) Compulsory Purchase Order No. 2 2022 has been confirmed without modification.  

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21
Jul' 23
High Court and Secretary of State Endorse Settlement in Maidenhead CPO Case

James Pereira KC, Annabel Graham Paul, Daisy Noble

Following an inquiry in October 2022, the inspector appointed by the Secretary of State refused to confirm the Nicholsons Shopping Centre, High Street, Queen Street and King Street, Maidenhead Compulsory Purchase Order (‘CPO’).  

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14
Jul' 23
Divisional Court Rules on Power to Waive or Relax and Enforcement Notice Under Section 172A: Pathfield Estates Limited v LB Haringey [2023] EWHC 1790 (Admin)

Charles Streeten

The Divisional Court has today given judgment in Pathfield Estates Limited v LB Haringey [2023] EWHC 1790 (Admin). This was an appeal by way of Case Stated, from the Wood Green Crown Court.

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14
Jul' 23
High Court Rejects Challenge to the Use of Non-Objection and Confidentiality Clauses in Heads of Terms to Acquire Land Required for a Proposed NSIP

Hereward Phillpot KC, Mark Westmoreland Smith KC, Hugh Flanagan, Jonathan Welch

In R (Suffolk Energy Action Solutions SPV Ltd) v. Secretary of State for Energy Security and Net Zero, and (1) East Anglia One North Ltd (2) East Anglia Two Ltd [2023] EWHC 1796 (Admin), Holgate J has rejected a challenge to the Secretary of State’s decision to grant DCOs for the East Anglia One North and East Anglia Two offshore windfarm projects.

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12
Jul' 23
FTB Receives Record Eight Nominations for the Legal 500 Bar Awards 2023

Andrew Tait KC, Morag Ellis KC, Richard Honey KC, Charles Streeten, Merrow Golden, Daisy Noble

Chambers has been nominated as Planning and land use set of the year.

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12
Jul' 23
Legal Challenge to ULEZ Expansion Heard in the High Court

Craig Howell Williams KC, Merrow Golden

During a two-day hearing last week (4-5 July 2023), the High Court (Mr Justice Swift) heard oral arguments on the legal challenge to the Mayor of London’s decision to expand the Ultra Low Emission Zone.

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11
Jul' 23
Kingsland Cup winners 2023

The Grand Final of the Kingsland Cup and Prize Moot, FTB's annual mooting competition, was held last night (10 July 2023) in the Old Court Room of Lincoln's Inn.

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11
Jul' 23
High Court Dismisses Challenges to the Grant of Planning Permissions for 239 Dwellings in Oxford Notwithstanding the Failure to Secure Delivery of Necessary Transport Improvement Works and the Failure to Publish the Draft s.106 Agreement Pursuant to DMPO Article 40(3)(b)

Isabella Tafur

The High Court has handed down judgment in conjoined judicial review challenges to the grant of planning permission by Oxford City Council for two housing scheme in Marston, Oxford. 

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30
Jun' 23
Court of Appeal Upholds Decision of High Court to Quash Planning Permission for Housing Development in the Setting of the South Downs National Park

Isabella Tafur, Daisy Noble

The Court of Appeal has upheld the decision of Mrs Justice Lang in Worthing Borough Council v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 2044 (Admin).  

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22
Jun' 23
Judicial Review Challenge to Sizewell C DCO Dismissed

Hereward Phillpot KC, Hugh Flanagan

Mr Justice Holgate has this morning handed down judgment in Together Against Sizewell C Ltd v Secretary of State for Energy Security and Net Zero and NNB Generation Company (SZC) Limited.

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21
Jun' 23
High Court Considers the Effect of Insolvency on Planning Appeals: Taytime Limited v Secretary of State [2023] EWHC 1522 (Admin)

James Pereira KC, Charles Streeten

The High Court has today handed down judgment in Taytime Limited v Secretary of State [2023] EWHC 1522 (Admin) which considered: (1) Whether a section 288 challenge to an Inspector's appeal had validly been brought; and (2) the arguability of such a challenge to an Inspector's decision to dismiss a planning appeal on the grounds that the Appellant had not appointed another company to act as its agent following its insolvency.

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21
Jun' 23
Extent of Governor General’s Powers

Gregory Jones KC

Gregory Jones KC has been instructed to advise the Governor General of Antigua and Barbuda on the extent of the Governor's powers to convene a commission of inquiry in the absence of advice from an authorised minister or the Cabinet.

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20
Jun' 23
Appointment as Consultant Editor - Halsbury’s Laws - Highways

Saira Kabir Sheikh KC

Saira Kabir Sheikh KC has been re-appointed Consultant Editor for Halsbury’s Laws - Volume 55 Highways. She was previously appointed in 2019. 

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16
Jun' 23
Planning Law Survey 2023 - Counsel of Choice

Simon Bird KC, Michael Humphries KC, Hereward Phillpot KC, Morag Ellis KC, James Pereira KC, Alexander Booth KC, Douglas Edwards KC, Gregory Jones KC, Andrew Tait KC, Richard Honey KC, Saira Kabir Sheikh KC, Craig Howell Williams KC, Meyric Lewis KC, Rebecca Clutten, Isabella Tafur, Daisy Noble, Caroline Daly, Mark Westmoreland Smith KC, Charles Streeten, Esther Drabkin-Reiter, Conor Fegan, Merrow Golden, Jonathan Welch

Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2023.  With 13 silks and 13 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many. 

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15
Jun' 23
London Legal Walk 2023

Merrow Golden, Conor Fegan

Chambers is delighted to have raised £1381.25 for the London Legal Support Trust which includes a £750 donation from Chambers.

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13
Jun' 23
Jeremy Phillips KC Appointed as Legally Qualified Chair of Police Misconduct Hearings for Wales regions

Jeremy Phillips KC

Chambers is delighted that Jeremy Phillips KC has been appointed as a Legally Qualified Chair of Police Misconduct Hearings for South Wales, Dyfed Powys, Gwent and North Wales.

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09
Jun' 23
Jeremy Phillips KC Appointed to the FA Safeguarding Review Panel

Jeremy Phillips KC

Chambers is delighted that Jeremy Phillips KC has been appointed as an Independent Specialist Panel Member of the FA Safeguarding Review Panel for a three-year fixed term to October 2025.

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06
Jun' 23
Richard Honey KC Judges IBA International Criminal Court Ecocide Moot Competition

Richard Honey KC

Richard Honey KC is one of the judges of the International Bar Association International Criminal Court moot court competition being held this week in the Hague.  

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05
Jun' 23
Planning and the Local Government Ombudsman: Court of Appeal Hands Down Judgment in the Piffs Elm case

James Pereira KC, Horatio Waller

On 10 May, the Court of Appeal handed down its judgment in a case that has real significance to planning and public law. 

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26
May' 23
Ned Westaway Recognised in ENDS Power List 2023

Ned Westaway

Chambers is delighted that Ned Westaway has been named in the ENDS Report Power List 2023.

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25
May' 23
John Jolliffe Appears in Important Freedom of Expression Judicial Review

John Jolliffe

John Jolliffe represented the government yesterday in a judicial review claim about Article 10 of the European Convention on Human Rights. 

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23
May' 23
Governance Review of Christ Church, Oxford University

Gregory Jones KC

Former Attorney General, the Rt Hon Dominic Grieve KC, has published his report into the governance of Christ Church, Oxford.  Christ Church is unique. It is a single foundation providing a teaching institution within the University of Oxford as well as a cathedral for the Diocese of Oxford.  

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19
May' 23
High Court Dismisses Challenge to Authorisation of Coal-Mining Operations at Aberpergwm

Gregory Jones KC

On 19 May 2023, Mrs Justice Steyn handed down judgment in R (on the application of Coal Action Network) v Welsh Ministers and the Coal Authority [2023] EWHC 1194 (Admin) dismissing the Coal Action Network’s challenge to the authorisation of coal-mining operations at Aberpergwm, an underground drift mine, in the Vale of Neath. 

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09
May' 23
Permission Granted for Review of Trust Port’s Failure to Hold Seven Constitutional Elections

Gregory Jones KC, Charles Holland

HHJ Shioban Kelly (sitting as a Judge of the High Court) has granted permission for judicial review of a trust port’s failure over a period of nearly 20 years to hold triennial elections for fishermen’s Commissioners as required by its constitution.

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09
May' 23
High Court Grants 12-Month Extension to National Highways Protestor Injunction

Michael Fry

Michael Fry led by Myriam Stacey KC has successfully secured a 12-month extension to an injunction imposed as part of measures to deter protesters from disrupting some of England’s busiest roads at the High Court.

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09
May' 23
High Court Grants Final Injunction to Transport for London against Insulate Britain Protesters

Andrew Fraser-Urquhart KC, Charles Forrest

Following a two-day Trial, the High Court has granted a final injunction to TfL against Persons Unknown and 129 Named Defendants, all of whom have protested under the banner of ‘Insulate Britain’. The final injunction was granted for a period of 5 years, subject to any further Order before then. 

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09
May' 23
s.106 Obligation to Transfer Land to the Council for a Nominal Sum of £1 Where Affordable Housing Had Not Been Delivered by a Specified Date Was No Longer Enforceable

David Matthias KC, Isabella Tafur, Morag Ellis KC, Emyr Jones

On 5 May 2023, Kerr J handed down judgment in University College London Hospitals Charity and Middlesex Annexe LLP v The Mayor and Burgesses of the London Borough of Camden [2023] EWHC 1070.

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03
May' 23
High Speed Rail (Crewe – Manchester Bill) House of Commons Select Committee Petition HS2-P2B-069- Gallaher Ltd

Gregory Jones KC

Gallaher Ltd successfully secured commitments in written assurances from High Speed Train (HS2) Limited protecting access to its main warehouse and distribution centre in Crewe. Construction works in relation to the Crewe to Manchester section of HS2 risked limiting access to Gallagher UK distribution centre.  HS2 maintains a register of undertakings and assurances.

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03
May' 23
Secretary of State Consents to Judgment in s.288 Challenge to Inspector’s Failure to Consider Habitats Issue

Jonathan Welch

The High Court (HHJ Walden-Smith) has approved a consent order in Buckinghamshire Council v Secretary of State for Levelling Up, Housing and Communities CO/3711/2022.

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02
May' 23
Caroline Daly Returns From Maternity Leave

We are pleased to welcome Caroline Daly back to chambers following her maternity leave. She has returned to full time practice and is accepting instructions in new matters. 

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02
May' 23
Permission Granted for Challenge to Oil Exploration Project in an AONB

Merrow Golden

Mrs Justice Lang DBE has granted permission for a statutory review challenge against an Inspector’s decision on 13 February 2023 to grant permission for an exploration and appraisal development, at the Lower Stumble site in Balcombe, which is situated within the High Weald Area of Outstanding Natural Beauty.

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02
May' 23
Four Day Challenge to Underground Gas Caverns in Northern Ireland Commences Today

Conor Fegan

A four-day challenge to the grant of a marine construction licence and other associated consents for seven underground gas caverns has begun today in Northern Ireland.  

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28
Apr' 23
Permission Granted in ULEZ Expansion Challenge

Craig Howell Williams KC, Merrow Golden

Permission has been granted for a judicial review challenge against the Mayor of London’s decision to expand the Ultra Low Emission Zone.

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19
Apr' 23
Supreme Court to Consider Certificates of Appropriate Alternative Development

James Pereira KC, Caroline Daly, Richard Glover KC

On Wednesday 19th and Thursday 20th April, the Supreme Court will hear the Secretary of State for Transport’s appeal in Secretary of State for Transport v Curzon Park (and others)

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18
Apr' 23
Gregory Jones KC and Mark O’Brien O’Reilly to Speak at University College Cork Centre for Law & Environment’s Annual Conference

Gregory Jones KC, Mark O’Brien O’Reilly

Gregory Jones KC and Mark O’Brien O’Reilly have been invited this Thursday (20 April) to speak at the University College Cork Centre for Law & Environment’s Annual Conference on the regulation of greenwashing, green-shushing and legal environmental claims in the financial sector.

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13
Apr' 23
Permission Refused on the Papers in Both Claims Seeking to Challenge Decision to Grant Planning Permission for New Metallurgical Coal Mine in Cumbria

Gregory Jones KC, Alexander Greaves, Richard Honey KC

The High Court has refused permission to challenge the Secretary of State’s decision to grant planning permission for a new metallurgical coal mine in Cumbria, following initial consideration of the claims on the papers by Sir Ross Cranston (sitting as a High Court Judge). 

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11
Apr' 23
High Court Finds Inspector’s Approach to “Obscure” Glazing Unfair and Unreasonable: Bounces Properties Limited v Secretary of State [2023] EWHC 735 (Admin)

Charles Streeten

The High Court has handed down judgment in Bounces Properties Limited v Secretary of State [2023] EWHC 735 (Admin)

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11
Apr' 23
Advocate – Chambers Pro Bono Framework

Chambers is very pleased to announce that it has signed up to Advocate’s Pro Bono Framework as part of Chambers’ commitment to undertaking pro bono work and improving access to justice. 

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11
Apr' 23
Nightclub Premises Licence Revoked Following Murder Inside Venue

Gary Grant, James Rankin, Leo Charalambides

Valesha’s Nightclub in Walsall has had its premises licence revoked following the murder of Akeem Francis-Kerr inside the venue shortly after 5am on 11 March 2023. 

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05
Apr' 23
Supreme Court Upholds Parole Board Guidance on Allegations

Conor Fegan

Following a day-and-a-half hearing which took place in November 2022, the Supreme Court (Lord Hodge, Lord Kitchin, Lord Hamblen, Lord Richards, and Lord Hughes) has unanimously allowed an appeal by the Parole Board against a challenge to its guidance on allegations.  

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04
Apr' 23
Gregory Jones KC, Richard Honey KC, and Conor Fegan Appointed to Government Legal Service Northern Ireland Civil Panel

Gregory Jones KC, Richard Honey KC, Conor Fegan

Gregory Jones KC and Richard Honey KC have been appointed to the Senior Counsel panel.  Conor Fegan has been appointed to the C panel.  The appointments take effect from 1 April 2023 for a period of five years.

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27
Mar' 23
High Court Dismisses Challenge to Deregistration and Exchange of Village Green

Douglas Edwards KC, Hugh Flanagan, Michael Rhimes

On 24 March 2023, Mr Justice Lane handed down judgment in R (oao Strack) v SSEFRA [2023] EWHC 655 (Admin), concerning the deregistration and exchange of a town and village green under section 16 of the Commons Act 2006. 

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23
Mar' 23
High Court Upholds Kensington Cycle Lane Removal Without Consultation

Charles Streeten

R (Better Streets for Kensington and Chelsea) v RBKC [2023] EWHC 536 (Admin)

The High Court has dismissed a challenge brought by Better Streets for Kensington and Chelsea against the decision by RBKC’s Leadership Team to remove cycle lanes from High Street Kensington.

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22
Mar' 23
High Court Continues Interim Injunction Following Unauthorised Encroachment of a Gypsy and Traveller Site onto Neighbouring Land

Mark O’Brien O’Reilly

The High Court has continued an interim injunction relating to unauthorised development without planning permission. The interim injunction was initially granted by the High Court at a without notice urgent hearing. 

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20
Mar' 23
Fermanagh and Omagh Resolves to Adopt First Plan Strategy in Northern Ireland

Conor Fegan

At a meeting of the Full Council held on the evening of 16 March 2023,  Fermanagh and Omagh District Council resolved to formally adopt its draft plan strategy. 

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15
Mar' 23
Successful Stopping Up Order Under Section 257

Merrow Golden

The Cheshire East Borough Council (Footpath No. 14 Parish of Sandbach) Stopping Up Order 2019 has been confirmed under section 257 of the Town and Country Planning Act 1990, through a decision dated 8 March 2023.

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03
Mar' 23
Heritage Landscaping Scheme Approved at Chevening House

Alexander Booth KC

In a decision letter dated 27th February 2023, an Inspector has granted planning permission for an extensive scheme of landscaping at the Chevening Estate, near Sevenoaks in Kent.

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27
Feb' 23
Kingsland Cup and Prize Moot Semi-Finalists Announced

The following four teams have been selected for the semi-finals of the Kingsland Cup and Prize Moot. The semi-finals will be held in Chambers on 7 March, with the Hon. Mr Justice Lane and the Hon. Mrs Justice Bacon acting as judges. 

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24
Feb' 23
Court of Appeal Confirms the Basis for Final Precautionary Prohibitory Injunctions

Michael Fry

The Court of Appeal has allowed the appeal in National Highways Limited v Persons Unknown and others [2023] EWCA Civ 182, a judgment which will assist claimants seeking to conclude claims involving precautionary injunctions, particularly in relation to protestors. 

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21
Feb' 23
Ludgate House: Rating: Property Guardians

Mark Westmoreland Smith KC

The Upper Tribunal has handed down judgment in Ludgate House Limited v Andrew Ricketts (VO) and London Borough of Southwark [2023] UKUT 36 (LC) UTLC. This the latest judgment in a series of hearings in relation to a property guardian rates mitigation scheme at a building known as Ludgate House.

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20
Feb' 23
A47 Wansford to Sutton Development Consent Order Granted

Michael Fry

The Secretary of State for Transport has approved the development consent order for the 123rd nationally significant infrastructure project, which is the dualling of 2.5km of the A47 between the A1 and the dual carriageway section west of Peterborough.

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08
Feb' 23
Supreme Court to Consider Final Injunctions Against Newcomers

Michael Fry

On Wednesday 8 and Thursday 9 February, the Supreme Court is to consider whether a final injunction can prevent persons, who are unknown and unidentified as at the date of the injunction order, from occupying or trespassing on land in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants).

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06
Feb' 23
The Implications of Foot & Mouth Disease for Footpath Registration – Secretary of State Consents to Judgment

Alexander Booth KC, Ned Westaway

The Secretary of State has consented to judgment in proceedings relating to the modification of the definitive map in Berkshire.

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06
Feb' 23
Pulverised Fuel Ash Appeal: Court of Appeal Rejects Claim that Planning Officer’s Report Misled

Alexander Booth KC, Ned Westaway

In a comprehensive judgment, the Court of Appeal has dismissed a challenge to planning permission for the extraction of pulverised fuel ash (PFA) in the North Yorkshire Green Belt.

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31
Jan' 23
Bristol Airport Expansion Judicial Review Claim Dismissed

Michael Humphries KC, Daisy Noble, Mark Westmoreland Smith KC, Charles Streeten

The High Court decision of Mr Justice Lane was handed down this morning in the challenge to the grant of planning permission for the expansion of Bristol Airport from 10 million passengers per annum (mppa) to 12 mppa. 

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26
Jan' 23
Cody Fisher Stab Death Nightclub Loses Licence

Gary Grant

A nightclub where a footballer was stabbed to death on the dance floor has lost its licence amid fears it posed "terrifying" risks to public safety. Cody Fisher was killed at the Crane venue in Digbeth, Birmingham, on Boxing Day 2022. 

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25
Jan' 23
O2 Academy Brixton Licence Suspended

Gerald Gouriet KC, Gary Grant

On Thursday 15 December 2022, The Brixton 02 Academy hosted a concert by the musical artist known as “Asake”. The ticketed event was sold out in advance. Shortly after 9pm, a large crowd breached the entrance doors and poured into the venue. Many people were crushed. Some were seriously injured: two of them fatally. 

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25
Jan' 23
Challenge to Refusal of Development Consent for AQUIND Interconnector Succeeds

Simon Bird KC, Hugh Flanagan, Mark Westmoreland Smith KC

Mrs Justice Lieven has handed down judgment in R (AQUIND Limited) v Secretary of State for Business, Energy and Industrial Strategy [2023] EWHC 98, allowing the challenge by AQUIND Ltd against the Secretary of State’s decision of 20 January 2022 refusing development consent for the AQUIND interconnector.

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24
Jan' 23
The High Court Considers Whether You Can Judicially Review An Inspector’s Decision Following a s174 Appeal

Horatio Waller

In a detailed written judgment, Mr Justice Eyre determined two applications for judicial review of decisions of planning inspectors to uphold s172 enforcement notices. 

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15
Jan' 23
Vanity Soho – Drink Spiking Allegations at Stripclub

Gerald Gouriet KC, Gary Grant

In a widely reported decision, on 9 January 2023 Westminster City Council suspended the premises licence of Vanity Soho, a Soho stripclub, for 3 months and added conditions proposed by the licence holder. 

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13
Jan' 23
MIPIM 2023

Morag Ellis KC, Rebecca Clutten, Isabella Tafur, Daisy Noble

A team of members and clerks is very much looking forward to attending MIPIM 2023 in Cannes from 14-17 March 2023.

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13
Jan' 23
Court of Appeal Dismisses Climate Change Challenge to Export Financing Decision for Mozambique LNG Facility

Richard Honey KC, Conor Fegan

Following a three-day hearing which took place in December 2022, the Court of Appeal (Sir Geoffrey Vos MR, Lord Justice Bean and Sir Keith Lindblom SPT) has dismissed a judicial review brought by Friends of the Earth

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03
Jan' 23
Meyric Lewis Awarded Silk

Meyric Lewis KC

Francis Taylor Building is delighted that the King has accepted the recommendation of the Lord Chancellor that Meyric Lewis be appointed King's Counsel.

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20
Dec' 22
HS2 Appeal Succeeds Against Residential Development Certificate in Park Royal

Andrew Tait KC, Esther Drabkin-Reiter

On 19 December 2022, the Lands Chamber of the Upper Tribunal upheld an appeal made by the Secretary of State for Transport (on behalf of HS2 Ltd) under section 18 of the Land Compensation Act 1961.

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19
Dec' 22
Entries Open for the Kingsland Cup and Prize Moot 2022-2023

Brendan Brett, Michael Feeney

We are pleased to announce that entries are now open for the 2022-2023 Kingsland Cup and Prize Moot.

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19
Dec' 22
Decision to Halt Irish Sea Border Checks Ruled Unlawful

Gregory Jones KC, Professor Gordon Anthony

On 15 December 2022, Mr Justice Colton, in the High Court in Belfast granted an application for judicial review by Edward Rooney, an anonymised individual JR181(3) and Belfast City Council in respect of their challenge to a written instruction issued by the Minister of Agriculture, Environment and Rural Affairs to his Department on 2 February 2022 to cease all checks relating to animals and various agri-food goods moving from Great Britain (“GB”) into Northern Ireland (“NI”) by 00.01 on Thursday 3 February 2022. 

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16
Dec' 22
High Court Allows Claim Challenging Adoption of Local Plan Based Upon a Misinterpretation of the Previous Plan and a Failure to Consider Reasonable Alternatives

Alexander Greaves

The High Court has allowed a claim for statutory review challenging Mendip District Council’s decision to adopt its Part 2 Local Plan (“LPP2”), subject to main modifications inserting additional housing allocations in the north east of the District: Norton St Philip Parish Council v Mendip District Council [2022] EWHC 3432 (Admin).    

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16
Dec' 22
Permission Refused for Sub-Regional Logistics and Distribution Hub in M3 Corridor

George Mackenzie, Esther Drabkin-Reiter

A Planning Inspector has dismissed an appeal against a decision of Basingstoke and Deane Borough Council to refuse planning permission for the redevelopment of land at Oakdown Farm, A30, Dummer, Basingstoke to provide three large commercial and industrial warehouse units (the largest of which was to be occupied by Lidl) with ancillary offices and associated infrastructure works including parking and landscaping. As well as the main parties, Dummer Parish Council participated in the appeal as a Rule 6 party.

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14
Dec' 22
Supreme Court Rules on Interpretation of Planning Conditions

Richard Honey KC, Charles Streeten

The Supreme Court has handed down judgment in the case of Swindon BC v DB Symmetry & SSLUHC [2022] UKSC 33, dismissing the appeal made by the local planning authority and upholding the planning inspector’s decision.

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13
Dec' 22
Cross-Boundary Data Centre Appeal Dismissed

Brendan Brett

Two conjoined appeals brought against the non-determination of applications for planning permission for a data centre development on the edge of West Drayton have been dismissed following a two-day hearing. 

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13
Dec' 22
Latest Judgment on HMOs - A house may be an HMO even if includes self-contained units

Horatio Waller

On 12 December, Timothy Mould KC, sitting as a Deputy High Court Judge, handed down his judgment in Welwyn Hatfield BC v SSLUHC [2022] EWHC 3175 (Admin).

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13
Dec' 22
JR of EA1N and EA2 Offshore Windfarms Dismissed

Mark Westmoreland Smith KC, Jonathan Welch, Hereward Phillpot KC, Hugh Flanagan

Mrs Justice Lang DBE has handed down judgment in R (Substation Action Save East Suffolk Limited) v Secretary of State for Business, Energy and Industrial Strategy and Anor [2022] EWHC 3177 (Admin),

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12
Dec' 22
Permission for Major Solar Farm Refused on Appeal

Ned Westaway

A planning inspector has refused permission for a 50MW solar farm on c.75 hectares of land in Alfreton, Derbyshire.

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08
Dec' 22
First Major Carbon Capture and Storage Project Consented

Mark Westmoreland Smith KC

The Secretary of State for Business, Energy and Industrial Strategy has granted, on 7 December 2022, The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022. 

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08
Dec' 22
Climate Change Litigation: Challenge to DEFRA’s Food Strategy Refused Permission

Mark Westmoreland Smith KC

On 6 December 2022 Mrs Justice Lang refused permission on a renewed application for judicial review in Global Feedback Ltd. v Secretary of State for the Environment, Food and Rural Affairs (CO/3078/2022).

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08
Dec' 22
Secretary of State Agrees With Inspector and Grants Planning Permission For Metallurgical Coal Mine In Cumbria

Gregory Jones KC, Alexander Greaves

On 7 December 2022, the Secretary of State for the department for Levelling Up, Housing and Communities, granted planning permission for a new deep coal mine on the West Cumbrian coast, near Whitehaven.

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05
Dec' 22
Court of Appeal Judgment in Swansea Tidal Barrage Appeal

Michael Humphries KC, Douglas Edwards KC, Mark Westmoreland Smith KC, Charles Streeten, Emyr Jones

On 1 December 2022, the Court of Appeal handed down its judgment in the appeal concerning whether the Swansea Bay Tidal Generating Station DCO 2018 remained extant.

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02
Dec' 22
Works on Common Land: High Court Gives Guidance on Section 38 Application

Ned Westaway

Sir Ross Cranston (sitting as a High Court Judge) has dismissed a claim challenging the lawfulness of the decision of an inspector to grant consent for works to create a new access road across a linear strip of common land adjacent to a road that forms part of Barking Tye Common in Suffolk.

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02
Dec' 22
High Court Refuses an Interim Injunction Application to Restrain the Use of a Hotel as a Hostel to Accommodate Asylum Seekers

Craig Howell Williams KC, Mark O’Brien O’Reilly

The High Court (Mr Justice Holgate), on 25 November 2022, refused Fenland District Council’s application for an interim injunction to restrain the use of a hotel in Wisbech as a hostel for accommodating asylum seekers.

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28
Nov' 22
Thurston Parish Council Petition Supreme Court for Permission to Bring Neighbourhood Plan Appeal

Meyric Lewis KC, Kate Olley

Thurston Parish Council have submitted their petition to the Supreme Court for permission to appeal against the Court of Appeal’s decision in R (Thurston Parish Council) v. Mid Suffolk DC [2022] EWCA Civ 1417 (see previous article). 

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28
Nov' 22
Buckinghamshire – Controversial Planning Permission Upheld

Alexander Booth KC, Charles Streeten, Richard Honey KC, Merrow Golden, Jonathan Welch

The High Court has dismissed a challenge to a grant of planning permission by Buckinghamshire Council for up to 170 residential dwellings on land at Maids Moreton, Buckinghamshire.

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18
Nov' 22
FTB is Double Award Winner at Chambers and Partners Bar Awards 2022

Ned Westaway

FTB is delighted to be named as Environment/Planning Set of the Year and for Ned Westaway who has been named as Environment/Planning Junior of the Year.

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10
Nov' 22
Supreme Court Reserves Judgment in Challenge to Parole Board Guidance

Conor Fegan

Following a day-and-a-half of oral argument, the Supreme Court has today reserved judgment in R (Pearce) v Parole Board of England and Wales.  

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07
Nov' 22
Quashing of Thurston Planning Permission in Conflict with Neighbourhood Plan Reversed by Court of Appeal

Kate Olley, Meyric Lewis KC

The Court of appeal has today reversed the High Court's quashing of Bloor Homes' planning permission granted by Mid Suffolk Council, which the Judge held was in conflict with the Parish Council's Neighbourhood Plan.  The Court of Appeal decided that the Council's treatment of the Plan involved its application and not its interpretation, see R (Thurston PC) v. Mid Suffolk DC and Bloor Homes Ltd [2022] EWCA Civ 1417.

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03
Nov' 22
Interim Injunction Refused to Prevent Asylum Seekers Being Accommodated in Hotels

Saira Kabir Sheikh KC

On 21st October Stoke-on-Trent council obtained a without notice urgent interim injunction preventing the use of the Stafford Hotel in Stoke from being used to accommodate asylum seekers. The Council had asserted that this amounted to a serious breach of planning control. The court ordered an on notice hearing for 2 November.

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31
Oct' 22
Proposal for Stretch of England Coast Path in Dorset Quashed

Ned Westaway

The High Court has approved an order quashing the Secretary of State of Environment, Food and Rural Affairs’ approval of a section of the England Coast Path (ECP) between Southbourne to Mudeford Quay in Dorset.

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25
Oct' 22
High Court Rejects Negligence Claim Against Local Planning Authority – Primavera Associates Ltd v Hertsmere Borough Council EWHC [2022] 2685 (Ch)

Alexander Booth KC

Following a four day hearing in the Business & Property Court, Mr Justice Leech has rejected a claim for negligence brought by a development vehicle, Primavera Associates Ltd, against Hertsmere Borough Council.

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21
Oct' 22
High Court Grants Urgent Interim Injunction to Transport for London Against Just Stop Oil protesters

Andrew Fraser-Urquhart KC, Charles Forrest

The High Court on 18 October granted an urgent interim injunction to TfL against individuals protesting under the banner of ‘Just Stop Oil’.

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21
Oct' 22
Conor Fegan Called in Northern Ireland

Conor Fegan

Conor Fegan was called to the Bar of Northern Ireland today by the Lady Chief Justice of Northern Ireland in the Nisi Prius Court, following his admission to the Inn of Court of Northern Ireland.

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20
Oct' 22
Landfill Odour Case Settled

Jeremy Phillips KC, Horatio Waller

An appeal against an odour abatement notice recently settled, following agreement by the operator (Walleys Quarry Landfill) to withdraw its appeal and to pay significant costs to the Council (Newcastle-Under-Lyme Borough Council / NULBC). The agreement provides for payment of £400,000 towards the Council’s costs in defending the appeal and £60,000 towards its future costs of continuing to monitor the site.

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17
Oct' 22
ECtHR Strasbourg:  Recovery OF Success Fee Uplifts and After the Event Insurance Premiums Incompatible with ECHR

Robert McCracken KC

The European Court of Human Rights at Strasbourg has held that the recovery from unsuccessful litigants of opponents’ Conditional Fee Agreement (‘CFA’) success fee uplifts and After The Event (‘ATE’) Legal Insurance premiums was a breach of the European Convention of Human Rights. 

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17
Oct' 22
A47 – A11 Thickthorn Junction Development Consent Order Granted

Michael Fry

The Secretary of State for Transport has approved a nationally significant infrastructure project providing extensive improvements to Thickthorn junction in Norfolk, including a single-lane free-flowing link road connecting the A11 northbound to the A47 eastbound. 

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11
Oct' 22
Dr Emmanuel Osuteye Appointed to Chambers’ Academic Panel

Emmanuel is a multi-disciplinary lecturer in Urbanisation and Sustainable Development at the Bartlett Developing Planning Unit, University College London (UCL) where he has worked since 2015.  

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10
Oct' 22
FTB Announces Two New Tenants Michael Feeney and Mark O’Brien O’Reilly

Mark O’Brien O’Reilly, Michael Feeney

FTB is delighted to announce that Michael Feeney and Mark O'Brien O'Reilly have both accepted invitations to join Chambers following successful completion of 12 month pupillages.

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06
Oct' 22
FTB is Double Award Winner at Legal 500 Bar Awards 2022

Cain Ormondroyd

Chambers is delighted to win two awards at the Legal 500 Bar Awards.

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06
Oct' 22
Negotiation of Heads of Terms with Landowners Did Not Have a “chilling effect on the Public Process” in DCO Examination

Mark Westmoreland Smith KC, Jonathan Welch, Hereward Phillpot KC, Hugh Flanagan

Following a contested renewal hearing, the High Court (Mr Justice Lane) has refused permission for Suffolk Energy Action Solutions SPV Ltd (“SEAS”). 

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05
Oct' 22
Jeremy Phillips KC Appointed to the Safeguarding Case Management Programme Legal Advice Service

Jeremy Phillips KC

Chambers is pleased to announce that Jeremy Phillips KC has been appointed to the Safeguarding Case Management Programme (SCMP) Legal Advice Service.

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26
Sep' 22
Gregory Jones KC Appointed Chancellor of the Diocese of Manchester

Gregory Jones KC

The Lord Bishop of Manchester, the Rt Rev. David Stuart Walker, has appointed Gregory Jones KC to be Chancellor of the Diocese of Manchester. 

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20
Sep' 22
HS2 – Route Wide Injunction Granted

Michael Fry, Jonathan Welch

The High Court (Mr Justice Julian Knowles) has granted High Speed Two (HS2) Limited an interim injunction against four categories of person unknown, and several named defendants, which covers the route of the HS2 railway.

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20
Sep' 22
Mentoring Scheme for Under-Represented Groups: 2022-2023

In 2021, Francis Taylor Building and four other planning, property and public law sets (Cornerstone Barristers, Field Court Chambers, Kings Chambers and Landmark Chambers) set up a mentoring scheme for underrepresented groups at the Bar. 

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08
Sep' 22
Her Majesty The Queen

Chambers very sadly notes the passing of Her Majesty The Queen.  Our sympathies are with members of the Royal Family at this time

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01
Sep' 22
FTB Receives Three Nominations for Chambers and Partners Bar Awards 2022

Morag Ellis KC, Ned Westaway

Francis Taylor Building is delighted to receive three nominations for the Chambers and Partners Bar Awards 2022.

Chambers has been nominated as Environment/Planning Set of the Year for the fourteenth time.

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31
Aug' 22
High Court Dismisses Judicial Review of the Grant of Planning Permission for Controversial Development on Brick Lane

Isabella Tafur

The High Court has dismissed an application for judicial review by the Spitalfieds Historic Building Trust against the decision of Tower Hamlets Council to grant planning permission for a mixed use development on Brick Lane, comprising office, retail, gym and restaurant uses.

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19
Aug' 22
Manston Airport DCO Re-Determination Decision

Michael Humphries KC, Isabella Tafur

On 18 August the Secretary of State for Transport re-determined the application by RiverOak Strategic Partners Limited (RSP) for development consent for the re-use of the existing runway at Manston Airport and the introduction of new facilities, including cargo facilities, aircraft stands, taxiways, airport-related business development and highway improvements. 

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17
Aug' 22
Were Planning Conditions Necessary to Oust the Use Classes Order / General Permitted Development Order?: The Court of Appeal Determines That They Were

Horatio Waller

The Court of Appeal today handed down judgment in SSHCLG v Manchester City Council [2021] EWCA Civ 1920. 

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17
Aug' 22
Court of Appeal Judgment on Community Infrastructure Levy

Saira Kabir Sheikh KC, Richard Honey KC

The Court of Appeal has handed down judgment in the case of R (Gardiner) v Hertsmere BC & Secretary of State for Levelling Up, Housing and Communities [2022] EWCA Civ 1162 concerning the Community Infrastructure Levy Regulations 2010.

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15
Aug' 22
A47 Tuddenham to Easton Development Consent Order Approved

Michael Fry, Rebecca Clutten

The Secretary of State for Transport has approved the duelling of 9km of the A47 carriageway between North Tuddenham and Easton. The Secretary of State’s decision letter, the Examining Authority’s report and other associated documents are available on the National Infrastructure Planning website.

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01
Aug' 22
Reaffirmation of the Test for a “Dwelling House”

George Mackenzie

The High Court has handed down judgment in London Borough of Brent v Levelling Up, Housing and Communities [2022] EWHC 2051 (Admin). 

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01
Aug' 22
High Court Quashes the Secretary of State’s Decision to Grant Permission for Housing on Land Designated as a Green Gap in an Emerging Local Plan

Isabella Tafur, Daisy Noble, Hugh Flanagan

Mrs Justice Lang has allowed a s.288 challenge to the Secretary of State’s decision to grant planning permission on appeal to Persimmon Homes for the erection of up to 475 houses on land designated as a green gap in an emerging Local Plan.

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29
Jul' 22
Significant Sanctions for Contempt against HS2 Tunnel Activists

Michael Fry, Brendan Brett

Michael Fry and Michael Brendan Brett have been successful in a multi-handed committal application against seven anti-HS2 activists. The Claimants were complimented on their “studious” compliance with the onerous procedural requirements on a committal application. 

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25
Jul' 22
Sizewell C New Nuclear Power Station Approved

Hereward Phillpot KC, Hugh Flanagan, Daisy Noble, Andrew Tait KC, Isabella Tafur

The Secretary of State for Business, Energy and Industrial Strategy has approved the construction and operation of the new Sizewell C nuclear power station in Suffolk.  The new plant will generate 3.2GW of electricity, about 7% of the UK’s electricity needs and operate for 60 years.  

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22
Jul' 22
High Court Ruling on the Transfrontier Shipment of Hazardous Waste – for Recovery or Disposal?

Ned Westaway

The High Court has handed down judgment in R (New Earth Solutions (West) Limited) v Environment Agency [2022] EWHC 1883 (Admin) dismissing a challenge to the Environment Agency’s decision to withdraw consent for the export of ‘air pollution control residue’ or fly ash to Norway for treatment on the island of Langøya, in the Holmestrand Fjord.

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20
Jul' 22
Holocaust Memorial and Learning Centre – Permission to Appeal Refused by the Court of Appeal

Meyric Lewis KC, Kate Olley, Douglas Edwards KC, Charles Streeten

The Court of Appeal has refused applications made by the Minister (decision maker) and Secretary of State (applicant) for permission to appeal against the order quashing the planning permission granted for the Holocaust Memorial and Learning Centre.  The planning permission was granted following a call-in inquiry in October-November 2020.

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11
Jul' 22
Judicial Review Against Grant of 110 Social Homes Dismissed

Saira Kabir Sheikh KC, Charles Merrett

Fordham J has dismissed a challenge for judicial review against the decision of the London Borough of Lewisham to grant planning permission for the provision of 110 social homes following a rolled up hearing that took place on 9 June 2022.

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06
Jul' 22
FTB Receives Five Nominations for the Legal 500 Bar Awards 2022

Hereward Phillpot KC, Morag Ellis KC, Cain Ormondroyd, Gary Grant

FTB is delighted to receive five nominations for the Legal 500 Bar Awards 2022.

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05
Jul' 22
Kingsland Cup and Prize Moot Grand Final

The final of Francis Taylor Building’s annual mooting competition, the Kingsland Cup and Prize Moot, was held yesterday evening at the Royal Courts of Justice. We are grateful to Sir Keith Lindblom, Senior President of Tribunals, and Professor Alison Young, Sir David Williams Professor of Public Law at Cambridge, for judging the moot.

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05
Jul' 22
‘Outstanding’ Tall Building Providing 100% Affordable Housing Approved by the Secretary of State

Hereward Phillpot KC

The Secretary of State for Levelling Up, Housing & Communities has granted planning permission for the erection of a 20 storey residential tower on the site of the former Edith Summerskill House, Clem Attlee Court, London SW6 7TW.  The proposal will provide 133 residential units, all of which would be affordable housing.

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29
Jun' 22
London Legal Walk 2022

Andrew Tait KC, Craig Howell Williams KC, Ned Westaway

Chambers is delighted to have so far raised £1685 for the London Legal Support Trust which includes a £750 donation from Chambers.

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24
Jun' 22
Decision in Judicial Review of Special Development Order

Richard Honey KC, Mark Westmoreland Smith KC, Charles Streeten

Mrs Justice Lieven has handed down judgment in the case of R (Hough) v Secretary of State for the Home Department [2022] EWHC 1635 (Admin), a judicial review of the Town and Country Planning (Napier Barracks) Special Development Order 2021 relating to the use of Napier Barracks for providing facilities for the accommodation of asylum seekers

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24
Jun' 22
Planning Law Survey 2022 - Counsel of Choice

Simon Bird KC, Michael Humphries KC, Morag Ellis KC, Hereward Phillpot KC, Alexander Booth KC, James Pereira KC, Andrew Tait KC, Gregory Jones KC, Douglas Edwards KC, Richard Honey KC, Saira Kabir Sheikh KC, Craig Howell Williams KC, Suzanne Ornsby KC, Richard Glover KC, Rebecca Clutten, Isabella Tafur, Mark Westmoreland Smith KC, Caroline Daly, Ned Westaway, Hugh Flanagan, Kate Olley, Charles Streeten, Annabel Graham Paul, Alexander Greaves, Daisy Noble, Esther Drabkin-Reiter, Jonathan Welch

Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2022.  With 14 silks and 14 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many. 

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23
Jun' 22
Oxford Station Improvements - Secretary of State Approves Transport and Works Act Order

Hugh Flanagan

The Secretary of State for Transport has decided to make the Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022.

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22
Jun' 22
New Deputy Chancellor Appointed for the Diocese of Oxford

Annabel Graham Paul

FTB is delighted to announce that Annabel Graham Paul has been sworn in as the new Deputy Chancellor for the Diocese of Oxford.

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21
Jun' 22
Permission Refused for Housing Scheme on Quarry Site

Merrow Golden

A Planning Inspector has dismissed an appeal for a proposed residential development of up to 204 dwellings at Gregory Quarry in Mansfield, Nottinghamshire.

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06
Jun' 22
Mid and East Antrim Borough Council Draft Plan Strategy Independent Examination Commences

Conor Fegan

The independent examination of the Mid and East Antrim Local Development Plan 2030 (Draft Plan Strategy) by the Planning Appeals Commission commenced this morning.  

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06
Jun' 22
Planning Appeal Dismissed in Ealing to Protect Industrial Land and to Preserve Local Character and Appearance

Kate Olley

A planning appeal relating to the provision of 72 residential units and 1116m2 of commercial use at a Locally Significant Industrial Site (LSIS) in Ealing has been dismissed due to the proposal’s effect on the protection of industrial employment land and on the character and appearance of the area. 

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25
May' 22
Successful Deregistration of Large Area of Village Green in Hertfordshire

Douglas Edwards KC

In a decision letter given on 24 May 2022, an Inspector has allowed, following a public inquiry, an application made by Taylor Wimpey for the deregistration of 33,000 m2 of registered village green on the edge of Borehamwood, Hertfordshire.

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25
May' 22
Flynn and Pfizer v CMA: Supreme Court overturns Court of Appeal on Regulatory Costs

Charles Streeten

The Supreme Court has handed down judgment in Flynn Pharma Ltd and Pfizer Inc v Competition Markets Authority [2022] UKSC 14.

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25
May' 22
Claim Dismissed for Judicial Review in R (GOESA Ltd) v Eastleigh Borough Council [2022] EWHC 1221 (Admin)

Mark Westmoreland Smith KC

Mr Justice Holgate has dismissed a claim for judicial review in R (GOESA Ltd) v Eastleigh Borough Council [2022] EWHC 1221 (Admin). 

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23
May' 22
‘Test Case’ Judgment on the Operation of s. 174(2A) and (2B): Manchester City Council v. The Secretary of State Levelling Up, Housing and Communities [2022] EWHC 1062 (Admin)

Charles Streeten, Annabel Graham Paul

Lane J has held that the Planning Inspectorate’s decision to validate an enforcement appeal under ground (a) was unlawful because it was precluded under s. 174(2A) and (2B) of the 1990 Act.

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19
May' 22
New Case on the Power to Impose Planning Conditions - R (Suliman) v Bournemouth, Christchurch and Poole Council

Douglas Edwards KC, Mark O’Brien O’Reilly

On 19 May 2022, Mrs Justice Lang gave judgment dismissing the claim in R (Suliman) v Bournemouth, Christchurch and Poole Council [2022] EWHC 1196 (Admin). 

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16
May' 22
Planning Appeal Dismissed for Three Tall Buildings at Bow Interchange as a Result of their Poor Quality Design

Isabella Tafur

A planning appeal by Southern Housing Group relating to a proposal for three 26 storey towers at the Bow Interchange in east London has been dismissed on the basis of its poor design and impact on the character and appearance of the area. 

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15
May' 22
Costs in Contempt Proceedings

Michael Fry, Brendan Brett

The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. 

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03
May' 22
Antrim and Newtownabbey Draft Plan Strategy Independent Examination Commences

Conor Fegan

The independent examination of the Antrim and Newtownabbey Local Development Plan 2030 (Draft Plan Strategy) by the Planning Appeals Commission commenced this morning.  

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28
Apr' 22
Jersey Hospital Inquiry Closes

Annabel Graham Paul

A public inquiry has closed examining proposals for a new hospital in Jersey. Designed by Llewelyn Davies architects working for the Design and Delivery Partner RokFCC, the hospital is proposed to replace the existing Jersey General Hospital on a new site at Overdale, and will be, if permitted, one of the largest civic buildings on the Island.

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22
Apr' 22
Decision on Network Rail’s Essex and Others Level Crossing Reduction Order

Merrow Golden

In the last of three decisions, following long-running Transport and Works Act Inquiries over the course of 2017-2019, the Secretary of State has decided to make the Network Rail (Essex and Others Level Crossing Reduction) Order subject to a number of modifications.

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19
Apr' 22
National Trust is not a Public Authority

Gregory Jones KC

Complaint Reference: IC-131245-N6H0.  

The complainant requested information about searches for unexploded ordnance in Studland, Dorset. The National Trust for Places of Historic Interest or Natural Beauty (‘The National Trust’) drew the complainant’s attention to some information in the public domain, but refused to comply with the request in full because it did not consider itself obliged to comply with requests made under the Environmental Information Regulations (“the EIR”) as it was not a public authority for the purposes of the legislation.

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13
Apr' 22
Sir Keith Lindblom Appointed to Serve as a Member of the Court of Ecclesiastical Causes Reserved

Chambers is delighted that the Queen has appointed Sir Keith Lindblom to serve as a member of the Court of Ecclesiastical Causes Reserved. The Court is an unusual one, consisting of three bishops and two lord justices of appeal. It considers appeals from the Consistory Court where the Chancellor (the judge who sits in the Consistory Court) certifies that the appeal involves doctrine, ritual or ceremonial.

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11
Apr' 22
Second Six Pupils

Mark O’Brien O’Reilly, Michael Feeney

We are pleased to announce that our current pupils, Michael Feeney and Mark O’Brien O’Reilly have both now commenced the second six months of pupillage and are available to accept instructions.

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11
Apr' 22
Kingsland Cup Semi-Finals Results

The semi-finals of the Kingsland Cup and Prize Moot were held on 29 and 30 March 2022. Chambers is very grateful to Mrs Justice Bacon and Mr Justice Peter Lane for judging the semi-finals, and to the four competing teams for their careful preparation and clear submissions.

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11
Apr' 22
CPO Confirmed - Buckinghamshire Council (A4010 South East Aylesbury Link Road) Compulsory Purchase Order 2020 Given Green Light

Alexander Booth KC

In a decision letter dated 30 March 2022, the Secretary of State for Transport has confirmed a compulsory purchase order (‘CPO’) and associated side roads order in respect of the South East Aylesbury Link Road (‘SEALR’). The Secretary of State for Levelling Up, Housing and Communities has issued a certificate pursuant to Section 19 of the Acquisition of Land Act 1981 in respect of the same project, as the CPO provides for the compulsory acquisition of public open space.

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08
Apr' 22
Planning Permission for Holocaust Memorial and Learning Centre Next to Parliament Quashed by High Court

Meyric Lewis KC, Kate Olley, Douglas Edwards KC, Charles Streeten

Mrs Justice Thornton DBE has allowed the London Gardens Trust’s section 288 challenge to the planning permission granted by the Minister of State for Housing on the Secretary of State’s called-in application for Holocaust Memorial and Learning Centre proposed to be located in Victoria Tower Gardens, immediately adjacent to the Palace of Westminster and Westminster Abbey UNESCO World Heritage Site and to the Palace of Westminster itself, a Grade I listed building.

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24
Mar' 22
National Farmers’ Union Cymru v Welsh Ministers

Gregory Jones KC, Annabel Graham Paul

The High Court has upheld the lawfulness of the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021, and in particular the Welsh Government’s designation of the whole of Wales as a ‘Nitrate Vulnerable Zone’. 

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22
Mar' 22
Court of Appeal Refuses Permission for Climate Change Human Rights Claim

Richard Honey KC, Ned Westaway

In a short written decision, Lord Justice Singh has refused permission for the campaigning organisation Plan B and a number of individuals to pursue a claim in judicial review against the Government for allegedly breaching its obligations under the Human Rights Act 1998 (HRA) by failing to take sufficient action on climate change. 

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17
Mar' 22
Permission Refused in Challenges Brought by Tesco Against the Opening of a New Aldi Store in Romford

Meyric Lewis KC, Craig Howell Williams KC, Conor Fegan

Following a contested oral permission hearing, the High Court has refused Tesco permission to bring two judicial review claims challenging grants of planning permission by the London Borough of Havering which will facilitate the opening of a new Aldi store in Romford.

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11
Mar' 22
Challenge to Health Contribution Decision Dismissed

Saira Kabir Sheikh KC, Brendan Brett, Morag Ellis KC

The High Court has today handed down judgment in R (HFAG Ltd) v Buckinghamshire Council [2022] EWHC 523 (Admin) dismissing a challenge brought by a local interest group to the grant of planning permission for a major development south of Aylesbury, known as Hampden Fields. The development, which will provide up to 3,000 homes and a local centre including a doctors’ surgery, forms a key part of the Aylesbury Garden Town masterplan. It also secures a southern ‘link road’ for the town, central to the Transport Strategy.

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11
Mar' 22
High Court Hears Section 288 Challenge to Holocaust Memorial and Learn Centre Proposed in Victoria Tower Gardens

Meyric Lewis KC, Kate Olley, Douglas Edwards KC, Charles Streeten

Arguments have concluded in the London Parks and Gardens’ Trusts section 288 challenge to the grant of planning permission for the UK Holocaust Memorial and Learn Centre proposed for Victoria Tower Gardens, immediately to the south of the Houses of Parliament.

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21
Feb' 22
Important victory for Thurston Parish Council – Neighbourhood Plan prevails over draft Local Plan allocation

Important victory for Thurston Parish Council – Neighbourhood Plan prevails over draft Local Plan allocation.

Thurston Parish Council have succeeded in their High Court judicial review of Mid Suffolk Council’s grant of planning permission to Bloor Homes for 210 dwellings outside the settlement boundary established in the Parish’s Neighbourhood Plan.

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21
Feb' 22
Divisional Court Dismisses Climate Change Challenge to Export Financing Decision for Mozambique LNG facility

Richard Honey KC, Conor Fegan

Following a three-day substantive hearing which took place in December 2021, the Divisional Court has dismissed a judicial review brought by Friends of the Earth challenging the decision of UK Export Finance (UKEF) to provide up to USD 1.15 billion export credit support in relation to the USD 20 billion Area 1 liquefied natural gas (LNG) facility in Mozambique (R (Friends of the Earth) v Secretary of State for International Trade & Ors [2022] EWHC 568 (Admin)).

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18
Feb' 22
High Court Judgment on Costs In Statutory Nuisance Actions

Mr Justice Fordham has delivered judgment for the Claimant in R (oao Parker) v Magistrates’ Court at Teesside, Daud Bashir and Nafees Bashir [2022] EWHC 358 (Admin).

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16
Feb' 22
Kingsland Cup first round results announced

We were delighted to receive a very high number of entries to the annual Kingsland Cup and Prize Moot competition once again this year.

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14
Feb' 22
Underground gas caverns near where scenes of the Game of Thrones series filmed.

Gregory Jones KC

Judicial Review launched in respect of consents to allow for the creation of underground gas caverns in Islandmagee, Northern Ireland near where scenes of the Game of Thrones series filmed.

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14
Feb' 22
Judicial Review Launched in Respect of Consents to Allow for the Creation of Underground Gas Caverns in Islandmagee, Northern Ireland Near Where Scenes of the Game of Thrones Series Filmed.

Gregory Jones KC

Islandmagee Energy Limited is proposing the creation of 7 underground gas storage caverns on the Islandmagee Peninsula by carving out of salt layers under the lough by a method known as “solution mining” and the application for the caverns includes associated marine infrastructure. No Gas Caverns Ltd and Friends of the Earth Ltd have applied for leave to apply for judicial review against the grants of a Marine Construction Licence, a revised Discharge Consent and a revised Abstraction Licence, which are all required for the project. 

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10
Feb' 22
Pulverised Fuel Ash Extraction JR dismissed: R (Whitley Parish Council) v North Yorkshire County Council and EP UK Investments Ltd [2022] EWHC 238 (Admin)

Alexander Booth KC, Ned Westaway

The Planning Court (Mr Justice Lane) has dismissed a claim in judicial review against the decision of North Yorkshire County Council to grant permission for the extraction of c.23 million tonnes of pulverised fuel ash (“PFA”) at the Gale Common Ash Disposal Site – which lies in the West Yorkshire Green Belt.  The judgment is available here.

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10
Feb' 22
Places of Worship: Assets of Community Value

Gregory Jones KC, Charles Holland

Maidstone Borough Council has confirmed that it will consider a renewed nomination to list Headcorn Methodist Church, Headcorn, Kent as an asset of community value under the Localism Act 2011. This follows the submission of to the authority of a joint opinion from Gregory Jones QC and Charles Holland, which states that the former religious use of the building satisfies the test in section 88 of the 2011 Act of an actual non-ancillary use that “furthered the social wellbeing or interests of the local community”.

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10
Feb' 22
Church of England’s General Synod Approves New Legislation to Help Churches Meet Carbon Reduction Targets

Morag Ellis KC

On Wednesday 9 February, changes to the faculty jurisdiction rules - the Church’s equivalent of planning law - were voted through.

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04
Feb' 22
Divisional Court Hears Third Application to Commit ‘Insulate Britain’ Protestors

Michael Fry, Jonathan Welch

On 1 – 2 February 2022, the Divisional Court (Lord Justice William Davis and Mr Justice Johnson) heard the third committal application by National Highways Limited against 19 ‘Insulate Britain’ protestors arising from breaches of the injunction order made on 21 September 2021 by Mr Justice Lavender.

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03
Feb' 22
Bristol Airport Inquiry Decision

Michael Humphries KC, Daisy Noble

After one of the longest planning inquiries in recent years, the Planning Inspectorate has granted planning permission for the expansion of Bristol Airport. Planning permission has been granted for extensions to the main terminal building, a new east walkway and pier to aircraft stands, improvements to airside infrastructure, a further multi-storey car park and surface car parking, improvements to the A38 approach road to the airport and amendments to some of the existing planning conditions for the airport, including the lifting of the current passenger cap from 10 million passengers per annum (‘mppa’) to 12 mppa.

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02
Feb' 22
Opposed Section 247 Stopping Up and Diversion Order Confirmed

Richard Honey KC

The Secretary of State for Transport has exercised his powers under section 247 of the Town and Country Planning Act 1990 to authorise the stopping up and diversion of highways at Princes Parade in Hythe, Kent, upon the application of Folkestone & Hythe District Council.  In doing so, the Secretary of State agreed with the Inspector’s recommendation that the stopping up and diversion order be made. 

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01
Feb' 22
Appeal Dismissed for Residential Development in Guildford

Conor Fegan

A Planning Inspector has dismissed an appeal brought by Belfield Homes and Towerview against the refusal of planning permission by Guildford Borough Council for the erection of twenty-nine dwellings, and other associated development, in Send,  Guildford.  

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27
Jan' 22
A47 Wansford to Sutton Development Consent Order Examination Commences

Michael Fry

The Examination into the A47 Wansford to Sutton Development Consent Order (DCO) has commenced. This is the third concurrent DCO that Michael Fry is promoting. 

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26
Jan' 22
Permission Refused for Redevelopment of Newcastle’s Former Westgate Police Station as a Burger King Drive-Thru and Mixed-Use Residential Scheme

Isabella Tafur, Esther Drabkin-Reiter, Michael Feeney

A Planning Inspector has dismissed two joined against decisions of Newcastle City Council, refusing planning permission of redevelopment of a former police station into a Burger King restaurant and drive-thru takeaway and a mixed use residential and retail scheme. 

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26
Jan' 22
Planning Permission Refused for New Health Centre With 233 Residential Apartments on the Basis of the Flood Risk Sequential Test

Morag Ellis KC, Isabella Tafur

A planning Inspector has dismissed an appeal by Taylor Wimpey West London against the refusal of permission by Hillingdon Council for a new health centre together with 233 residential apartments in Yiewsley on the basis of the flood risk sequential test. 

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24
Jan' 22
FTB Shortlisted for Two Legal Cheek Awards

FTB is delighted to be shortlisted for two awards: ‘Best Chambers for Colleague Supportiveness 2022’ and ‘Best Chambers for Facilities 2022’ by the Legal Cheek Awards 2022.

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24
Jan' 22
FTB Academic Panel Member Professor Áine Ryall Elected as Chair of the Aarhus Convention Compliance Committee

FTB congratulates Professor Áine Ryall of FTB’s Academic Panel upon her election as Chair of the Aarhus Convention Compliance Committee.  The Aarhus Convention is a multilateral agreement on access to environmental justice linking the environment and human rights.

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21
Jan' 22
Judgment in CIL Social Housing Relief Judicial Review

Richard Honey KC

Mrs Justice Lang has handed down judgment in R (Heronslea) v Secretary of State for Housing, Communities and Local Government [2022] EWHC 96 (Admin), a case concerning social housing relief under the Community Infrastructure Levy Regulations 2010 (“the CIL Regulations”) and the consequences of a failure to submit a commencement notice. 

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18
Jan' 22
Fermanagh and Omagh Draft Plan Strategy Independent Examination Commences

Conor Fegan

The independent examination of the Fermanagh and Omagh Local Development Plan 2030 (Draft Plan Strategy) by the Planning Appeals Commission commenced this morning.  The inquiry will sit for eighteen days between now and 24 March 2022 to assess soundness and legal compliance.  The plan is only the second to be examined under the Planning Act (Northern Ireland) 2011.

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13
Jan' 22
Another Case on Curtilage

Philip Petchey

Can curtilage include land which has no demarcation on the ground? The Open Spaces Society said No, but North Yorkshire County Council disagreed. The upshot was that the Council de-registered the land surrounding three historic buildings on Low Moor, Richmond (Yorkshire) which had no boundary on the ground.

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10
Jan' 22
Simon Bird QC Elected as Head of Chambers

Simon Bird KC, Andrew Tait KC

FTB is delighted to announce that Simon Bird QC has been elected as Head of Chambers. He takes over today from Andrew Tait QC, who stands down having served as Head of Chambers since 2012.

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04
Jan' 22
Jeremy Phillips QC Appointed to British Equestrian’s Judicial Panel

Jeremy Phillips KC

Chambers is pleased to announce that Jeremy Phillips QC has been appointed as a Legally Qualified Chair of British Equestrian’s Judicial Panel.

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21
Dec' 21
Plan B Climate Change and Human Rights Judicial Review Dismissed

Richard Honey KC, Ned Westaway

The High Court (Mr Justice Bourne) has handed down a detailed judgment in R (Plan B Earth & Others) v The Prime Minister & Others [2021] EWHC 3469 (Admin) refusing permission for a judicial review claim in relation to government action on climate change after an oral permission hearing. 

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20
Dec' 21
R (on application of London Borough of Hillingdon) v The Mayor of London [2021] EWHC 3387 (Admin)

Craig Howell Williams KC, Brendan Brett, Douglas Edwards KC, Isabella Tafur

Lang J hands down judgment on a claim for judicial review based on grounds relating to: the interpretation of tall buildings policy in the London Plan; the alleged failure to take into account air quality evidence; and procedural fairness.

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17
Dec' 21
New Book: Religious Confession and Evidential Privilege in the 21st Century Co-Edited by Mark Hill QC

Mark Hill KC

The new collection of essays brought together by editors Mark Hill QC and Keith Thompson raises many questions about recent challenges to religious confession privilege whether through legislative enactment or otherwise. Is confessional practice protected by international human rights instruments and domestic constitutional norms? 

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16
Dec' 21
24hr London Alcohol Delivery Proposal – DJ Newton Upholds Decision to Refuse Licence

Horatio Waller

The London Borough of Camden refused to grant a premises licence to enable a 24hour delivery operation to commence from a convenience store based on Charing Cross Road. The convenience store already had premises licences in place enabling off-sales until the early hours of the morning. Under existing licences the operator already sold a limited amount of alcohol via couriers using App technology such as Deliveroo.

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06
Dec' 21
Divisional Court Holds Uber and other Ride Hailing App are Operating Unlawfully

David Matthias KC, Charles Streeten

The Divisional Court (consisting of Males LJ and Fraser J) has handed down judgment in UTAG and Uber v TfL [2021] EWHC 3290 (Admin).

The judgment is highly significant. Its effect is to make clear that Uber, Free Now, and a number of other so called ‘ride hailing’ Apps are acting unlawfully. 

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29
Nov' 21
Gary Grant Awarded Fellowship of the Institute of Licensing

Gary Grant

Francis Taylor Building is delighted to announce that Gary Grant has been made a Fellow of the Institute of Licensing in recognition of his major contribution to licensing over many years and his exceptional efforts on behalf of the Institute, particularly during the Covid pandemic.

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26
Nov' 21
Slough Borough Council’s Tower and Ashbourne CPO Confirmed

Caroline Daly

The Slough Borough Council (Tower and Ashbourne) CPO has been confirmed by Inspector Karen Ridge, as delegated by the Secretary of State. 

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25
Nov' 21
Permission to Appeal Granted by Court of Appeal in Nitrate Neutrality Challenge

Gregory Jones KC, Conor Fegan

The Court of Appeal has granted permission to appeal against the judgment of Mr Justice Jay in R (Wyatt) v Fareham Borough Council [2021] EWHC 1434 (Admin).  The challenge principally concerns the lawfulness of the advice contained in Natural England’s ‘Advice on Achieving Nutrient Neutrality for New Development in the Solent Region’.  

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19
Nov' 21
Michael Humphries QC Named as Environment / Planning Silk of the Year 2021

Michael Humphries KC

We are delighted to announce that Michael Humphries QC has been named Environment/Planning Silk of the Year 2021 by Chambers UK Bar Awards at the ceremony held yesterday evening (18 November 2021).

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15
Nov' 21
Kingsland Cup and Prize Moot 2021-22 Goes Live

We are delighted to announce that the annual FTB Kingsland Cup and Prize Moot competition 2021-22 is now open to teams of undergraduate, GDL and Bar students.

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12
Nov' 21
Planning Permission Refused for Foster and Partner’s ‘Tulip’ Tower

Hereward Phillpot KC, Daisy Noble

The Secretary of State has accepted the recommendation of his Inspector David Nicholson RIBA IHBC to refuse planning permission for a 1000 ft tower in the heart of the City of London (APP/K5030/W/20/3244984).  

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12
Nov' 21
Nationwide Interim Injunction Extended Preventing Insulate Britain from Protesting on the Strategic Road Network

Saira Kabir Sheikh KC, Charles Merrett

Following a hearing in front of Lavender J, the nationwide injunction initially granted by Linden J on 25 October 2021 against persons unknown who are deliberately blocking, slowing down, obstructing or otherwise interfering with the flow of traffic onto or off or along the Strategic Road Network (‘SRN’) and against 135 named parties will remain in force until the earliest of a further order, trial or 31 December 2021. 

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05
Nov' 21
High Court Grants Second Urgent Interim Injunction to Transport for London Against Insulate Britain Protesters

Andrew Fraser-Urquhart KC, Charles Forrest

The High Court on 4 November granted an urgent interim injunction to TfL against Persons Unknown and over 130 Named Defendants, all of which protest under the banner of ‘Insulate Britain’

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29
Oct' 21
Nationwide Interim Injunction to Remain in Force Preventing Insulate Britain from Protesting on the Strategic Road Network

Saira Kabir Sheikh KC, Charles Merrett

Following a hearing in front of Lavender J, the nationwide injunction granted by Linden J on 25 October 2021 against persons unknown who are the blocking, slowing down, obstructing or otherwise interfering with the flow of traffic onto or off or along the Strategic Road Network (‘SRN’) and against 122 named parties is going to remain in force until at least 11 November 2021. 

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26
Oct' 21
Nationwide Interim Injunction Obtained Preventing Insulate Britain from Protesting on the Strategic Road Network

Saira Kabir Sheikh KC, Charles Merrett

The High Court has granted an interim injunction to National Highways against persons unknown who are the blocking, slowing down, obstructing or otherwise interfering with the flow of traffic onto or off or along the Strategic Road Network (‘SRN’) for the purpose of protesting and against over 100 named defendants.

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22
Oct' 21
London Legal Walk 2021

Andrew Tait KC, Craig Howell Williams KC, Ned Westaway, Isabella Tafur, Merrow Golden, Mark O’Brien O’Reilly, Michael Feeney

.Chambers is delighted to have so far raised £1900 for the London Legal Support Trust which includes a £750 donation from Chambers.

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21
Oct' 21
Morag Ellis QC to address Ecclesiastical Law Society on “Clean and green – law and the carbon neutral Church”

Morag Ellis KC, Philip Petchey

Morag Ellis QC, Dean of the Arches and Auditor, will speak to the Ecclesiastical Law Society on "Clean and green - law and the Carbon neutral Church." This event takes place on 4 November while the UK is hosting COP26 in Glasgow.

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14
Oct' 21
Kate Olley Joins FTB

Kate Olley

We are pleased to announce that Kate Olley, formerly of Landmark Chambers, is joining Francis Taylor Building as a tenant with immediate effect.  

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08
Oct' 21
Judgment in Wheelabrator DCO Challenge

Michael Humphries KC, Mark Westmoreland Smith KC, Ned Westaway

The High Court (Dove J) has handed down judgment in EFW Group Limited v SSBEIS [2021] EWHC 2697 (Admin) – see here.  The challenge was to the decision of the Secretary of State to make the Wheelabrator Kemsley K3 Generating Station Order 2021, granting consent for the extension to an energy from waste (EfW) project, K3, but withholding consent for a new EfW project, Wheelebrator Kemsley North (WKN) on neighbouring land that formed part of the same application.

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08
Oct' 21
High Court Grants Urgent Interim Injunction to Transport for London Against Insulate Britain Protesters

Andrew Fraser-Urquhart KC, Charles Forrest

The High Court has this afternoon granted an urgent interim injunction to TfL against Persons Unknown and certain named Defendants who have previously been arrested at Insulate Britain protests. The injunction granted by Mrs Justice May (following an application presented by Andrew Fraser-Urquhart QC and Charles Forrest) prevents, among other things, blocking the highway at 14 locations which are particularly important to the TfL Road Network such as the Blackwall Tunnel,Tower Bridge and Park Lane.

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07
Oct' 21
Tangmere & Northolt CPO on Broadwater Farm Estate Confirmed

Meyric Lewis KC

Haringey Council has been authorised by the Secretary of State to confirm the London Borough of Haringey (Tangmere and Northolt) Compulsory Purchase Order 2021 following withdrawal of all objections after the scheduling of an inquiry.

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06
Oct' 21
FTB Announces Two New Tenants Michael Rhimes and Flora Curtis

Michael Rhimes

FTB is delighted to announce that Michael Rhimes and Flora Curtis have accepted invitations to join Chambers. Michael and Flora each completed a 12 month pupillage with us and join as tenants today, Wednesday 6 October 2021.

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04
Oct' 21
Permission to Challenge Government’s Alleged Failure to Tackle Climate Change Refused on the Papers

Richard Honey KC, Ned Westaway

Mr Justice Cavanagh has refused permission on the papers to bring a judicial review claim challenging the alleged failure of the United Kingdom Government to take practical and effective measures to tackle climate change and comply with the Paris Agreement.

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29
Sep' 21
Section 288 Challenge to Planning Permission for Holocaust Memorial and Learning Centre on Heritage and Other Grounds – “Right idea, wrong place”

Meyric Lewis KC, Douglas Edwards KC, Charles Streeten, Charles Holland

The London Historic Parks and Gardens Trust, known popularly as the London Gardens Trust, has launched a challenge to the Minister of State’s decision dated 29 July 2021 to grant planning permission for the United Kingdom Holocaust Memorial and Learning Centre in Victoria Tower Gardens, a Registered Park and Garden immediately to the south of the Grade I listed Houses of Parliament and immediately adjacent to the Palace of Westminster and Westminster Abbey UNESCO World Heritage Site.

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24
Sep' 21
New Report from Francis Taylor Building and Poppleston Allen Defines Legal Timeline of the COVID-19 Restrictions that Impacted the Hospitality Sector

Gary Grant

In what is believed to be a sector first, today sees the national launch of a 50-page report covering the COVID-19 related legislative changes which affected the hospitality sector, from the start of restrictions to Step 4 of the Roadmap and the full re-opening of hospitality in July 2021.

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23
Sep' 21
High Court Grants Urgent Interim Injunction to National Highways in Respect of the M25 Protests

Michael Fry, Jonathan Welch

The High Court has granted an interim injunction on an urgent basis to National Highways in National Highways Limited v Persons Unknown.

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16
Sep' 21
Vale of Aylesbury Local Plan Adopted

Suzanne Ornsby KC

Last night, 15 September 2021, at a Full Council meeting, Buckinghamshire Council adopted the Vale of Aylesbury Local Plan.

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14
Sep' 21
New Planning and Public Law Mentoring Scheme for Underrepresented Groups at the Bar

A partnership with the Planning and Environmental Bar Association (PEBA), Cornerstone Barristers, Field Court, Francis Taylor Building, Kings Chambers and Landmark Chambers.

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13
Sep' 21
Central Bedfordshire Council Local Plan Found Sound and Adopted

Saira Kabir Sheikh KC, Alexander Greaves

The Central Bedfordshire Local Plan has been adopted following the examination into its soundness. The local plan and examination raised numerous complex issues in relation to the duty to co-operate, strategic housing and employment and infrastructure amongst other matters.   It aims to deliver approximately 40,000 new homes and 24,000 new jobs including over 7,000 new homes for its neighbouring authority, Luton Borough Council.

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31
Aug' 21
Dr Richard Caddell Appointed as Editor-in-Chief of the Journal of International Wildlife Law and Policy

Gregory Jones KC

We are delighted that Dr Richard Caddell, a member of Francis Taylor Building’s Academic Panel has been appointed as Editor-in-Chief of the Journal of International Wildlife Law and Policy (JIWLP), the leading peer-reviewed journal on all aspects of biodiversity law and policy.

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26
Aug' 21
FTB Receives Three Nominations for Chambers and Partners Bar Awards 2021

Michael Humphries KC

Francis Taylor Building is delighted to receive three nominations for the Chambers and Partners Bar Awards 2021.

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11
Aug' 21
Mark Westmoreland Smith and Ned Westaway Appointed to Attorney General’s A Panel of Approved Counsel, Charles Streeten to the B Panel and Horatio Waller to the C Panel

Mark Westmoreland Smith KC, Ned Westaway, Charles Streeten, Cain Ormondroyd, Hugh Flanagan, Annabel Graham Paul, George Mackenzie, Michael Fry, Caroline Daly, Horatio Waller

FTB is delighted to announce that Mark Westmoreland Smith and Ned Westaway have been appointed to the Attorney General's A panel of approved counsel, Charles Streeten to the B panel and Horatio Waller to the C panel. The appointments take effect on 1 September 2021 for a period of five years.

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30
Jul' 21
Permission Granted in JR of the Oil and Gas Authority Strategy

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.

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30
Jul' 21
Supreme Court Judgment in CPRE Kent

Ned Westaway, Esther Drabkin-Reiter

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).  

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29
Jul' 21
Inspector Grants Permission for Access Roads in Milton Keynes to Facilitate the Delivery of Over 1,800 Homes in Buckinghamshire

Craig Howell Williams KC, Isabella Tafur, Meyric Lewis KC, Hugh Flanagan

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 Councils.

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28
Jul' 21
A38 Derby Junctions DCO Quashed

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.

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28
Jul' 21
Richard Honey QC Appointed a Bencher of Inner Temple

Richard Honey KC

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.  

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26
Jul' 21
Court of Appeal Confirms Approach Taken in St Anselm to Breach of Conditions

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. 

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26
Jul' 21
Court of Appeal Clarifies Scope of Reg. 38(7)

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). 

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22
Jul' 21
14 New Premises Licences Granted for Restaurants and Bars at Borough Yards in Southwark Council Cumulative Impact Zone

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. 

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21
Jul' 21
New Court of Appeal Judgment on Public Nuisance and the Dedication of Rights of Way

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.

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19
Jul' 21
Successful Pro Bono Judicial Review to Protect SEN School

Richard Honey KC, Jonathan Welch

The High Court has today handed down judgment in R (G) v Thanet District Council & Anor [2021] EWHC 2026 (Admin), a judicial review brought to protect the interests of pupils at a Special Educational Needs school in Kent on grounds including apparent bias, unlawful delegation and inadequate assessment. 

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19
Jul' 21
Surrey Quays Station CPO Confirmed

Rebecca Clutten

The Department for Transport has confirmed the Transport for London (Surrey Quays Station) CPO 2020. The Order makes provision for the acquisition of land to enable the construction of a new station entrance for Surrey Quays Overground station, together with step-free access and other station improvements. The delivery of the enhancements works are a key part of TfL's East London Line improvement programme.

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19
Jul' 21
Revocation Order Compensation Liability Avoided by Late JR of Planning Permission

Meyric Lewis KC

Epsom and Ewell Borough Council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced.

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13
Jul' 21
Challenge to Parole Board’s Refusal to Grant Release Dismissed

Merrow Golden

Mr Justice Jacobs has dismissed a judicial review challenge to the Parole Board’s decision to refuse a prisoner’s release in circumstances where that prisoner has continued to maintain his innocence in relation to the crime he was convicted of.

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02
Jul' 21
FTB Participates in Sutton Trust Pathways to Law National Summer Conference

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. 

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24
Jun' 21
A Nine Day Inquiry Into to the Cross-boundary Development Known as South West Milton Keynes has Concluded

Craig Howell Williams KC, Isabella Tafur, Meyric Lewis KC, Hugh Flanagan

The South West Milton Keynes Consortium (comprised of Taylor Wiimpey; Bellcross; Connolly Homes; Hallam Land and William Davis) appealed against the refusal of planning permission by Milton Keynes Council for two access roads to facilitate the delivery of over 1,800 homes on a site in Buckinghamshire.

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24
Jun' 21
Secretary of State Rejects Major Central London Development at 8 Albert Embankment

Charles Streeten

The Secretary of State has refused planning permission for a major London  redevelopment of the former London Fire Brigade Head Quarters at 8 Albert Embankment.

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22
Jun' 21
Chambers Congratulates Ned Westaway on his Election as Chair of the UK Environmental Law Association (UKELA)

Ned Westaway

Chambers is delighted that the UK Environmental Law Association (UKELA) elected Ned Westaway as Chair in December 2020 and he formally takes up the role this week, having been a Vice Chair for the last two years.  He succeeds Kirsty Schneeberger MBE whose term ended at the annual conference last week.

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21
Jun' 21
Chairman of the Manchester Arena Inquiry Publishes Volume 1 of Report

Jeremy Phillips KC

The Chairman of the Manchester Arena Inquiry, The Hon Sir John Saunders, has published Volume 1 of his Report into the terrorist attack which took place on 22nd May 2017.  Between September and December 2020 the Inquiry heard detailed evidence about the security arrangements at the Arena and the extent to which various parties exercised their roles by virtue of different legislative, contractual or licensing requirements. 

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17
Jun' 21
High Court Finds That PPTS Definition of “Gypsies and Travellers” is Not Unlawful

Merrow Golden

Mr Justice Pepperall has today handed down judgment in Lisa Smith v The Secretary of State for Housing, Communities and Local Government and others [2021] EWHC 1650 (Admin) – a case raising questions of significant public interest concerning discrimination against Gypsies and Travellers.

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15
Jun' 21
Challenge to New UK Emissions Trading Scheme Dismissed

Richard Honey KC

Mr Justice Dove has handed down judgment in the case of R (Elliott-Smith) v Secretary of State for Business, Energy and Industrial Strategy & others [2021] EWHC 1633 (Admin), dismissing a judicial review of the decision to implement a new UK emissions trading scheme (UK ETS).

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03
Jun' 21
Further Guidance on the Meaning of “Curtilage”

Douglas Edwards KC, George Mackenzie, Philip Petchey

In Hampshire County Council v Secretary of State for the Environment [2021] QB 81, the High Court (Holgate J) gave important new guidance on the meaning of curtilage. The Court of Appeal has now endorsed his approach, albeit with modifications: see [2021] EWCA Civ 398. 

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28
May' 21
High Court Quashes Inspector’s Decision Allowing Appeal Against CIL Late-payment Surcharge Liability

Douglas Edwards KC, Alexander Greaves

Mrs Justice Thornton has today handed down a judgment in Lambeth LBC v Secretary of State for Housing Communities and Local Government; and Thornton Park Ltd [2021] EWHC 1459 (Admin).

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14
May' 21
Derby City Centre CPO confirmed

Rebecca Clutten

The Ministry of Housing Communities and Local Government has confirmed the Derby City Council (Castleward) CPO 2020. The Order relates to an area known as Castleward, within Derby City Centre and in close proximity to the train station. It was promoted to enable the replacement of the existing secondary and tertiary commercial accommodation with more than 500 new, high quality homes.

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06
May' 21
CAADs, Curzon Street and the Court of Appeal – HS2’s Appeal Dismissed

James Pereira KC, Caroline Daly, Richard Glover KC

The Court of Appeal has dismissed an appeal (Secretary of State for Transport v Curzon Park Ltd and others [2021] EWCA Civ 651) made by the Secretary of State for Transport against a decision of the Lands Chamber in respect of a preliminary issue in four cases relating to neighbouring sites compulsorily acquired for the construction of the HS2 Curzon Street terminus in Birmingham. 

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04
May' 21
HS2 - Claimants and Acquiring Authority Agree Settlement in Largest and Most Complicated Compensation Claim to be Brought Before the Tribunal

Alexander Booth KC, Rebecca Clutten, Daisy Noble

Following the compulsory purchase for HS2 of the four 1960s Seifert-designed office buildings adjacent to the entrance to Euston Station (now largely demolished), the reference to the Upper Tribunal (Lands Chamber) to determine the compensation (which was due to be heard in the Tribunal for six weeks in June with some 15 experts on each side) has been the subject of a settlement between the Claimants (Euston Estates Ltd and Balfe Ltd ) and the Acquiring Authority (Secretary of State for Transport) as a result of which the reference has been withdrawn.

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29
Apr' 21
Gary Grant A Key Contributor to Pleasant Lands – a Report Promising a Solution to ‘Draconian, Pointless’ Hemp Legislation

Gary Grant

A new report, Pleasant Lands, coordinated by third sector drug policy reform organisation Volteface has today been released, promising a solution to ‘draconian, pointless’ hemp legislation. 

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28
Apr' 21
Coombe Hill Inquiry Closes

Douglas Edwards KC, Meyric Lewis KC

The inquiry has closed into Robert Hitchins/Bloor Homes’ non-determination appeal for 95 houses at Coombe Hill on the A38 near Tewkesbury.  The application was made initially for 150 houses but was reduced in the light of objections from Natural England on ecological grounds and Gloucestershire County Council who sought education contributions to address the impact of development on local schools. 

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23
Apr' 21
High Court Quashes Response of Statutory Consultee

Charles Merrett

Mrs Justice Lang DBE has today handed down judgment in R (Swainsthorpe Parish Council) v Norfolk County Council [2021] EWHC 1014 (Admin) – judgment available here – in the first case to consider the lawful scope of a statutory consultation response under the Town and Country Planning (Development Management Procedure) (England) Order 2015.    

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23
Apr' 21
High Court Quashes Inspector’s Decision Allowing Change of Use Without Appropriate Conditions

Horatio Waller

Mr Justice Knowles today handed down his judgment in Manchester City Council v SSHCLG  [2021] EWHC 858 (Admin).
The case concerned the decision of an Inspector to allow a s174 appeal against an enforcement notice and to grant planning permission in respect of a change of use of a dwelling house to use as four commercial units.

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22
Apr' 21
United Trade Action Group v Transport for London & Transopco UK Ltd (as Interested Party)

David Matthias KC, Charles Streeten

On a renewed oral application for permission, the United Trade Action Group (‘UTAG’ - a body representing the interests of the hackney carriage trade) was given permission by Mrs Justice LANG to judicially review the decision of TfL to grant a Private Hire Operator’s Licence to Transopco UK Ltd whose private hire drivers work off a smartphone  ride-hailing app called FREENOW. 

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12
Apr' 21
FTB Runs Virtual Work Experience With The Sutton Trust

FTB members are today welcoming 12 students on the Sutton Trust’s Pathways to Law programme to chambers (virtually) for a work experience insight day. The school students are all high achievers from underrepresented backgrounds with an interest in law. They will participate in a mock licensing hearing, undertake a masterclass on how to read and understand a public law court judgment, and will hear from a panel of members about life at FTB and routes to the Bar.

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08
Apr' 21
High Court Hears Challenge to Birmingham Street Trading Policy

Conor Fegan

Over the course of the last two days, the High Court has heard argument in a case that involves a challenge to the newly adopted Birmingham Street Trading Policy.  The challenge is brought by two street traders, who have traded in Birmingham City Centre for over forty years. 

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29
Mar' 21
Offshore Wind Farms - Professor Pavlos Eleftheriadis Advises the Greek Wind Energy Association

Professor Pavlos Eleftheriadis

Professor Pavlos Eleftheriadis, a barrister at Francis Taylor Building and expert in planning and EU law was instructed by the Greek Wind Energy Association to advise in the law of maritime spatial plans, the law of state aid and the law of public procurement, with a view to proposing an optimal regulatory framework for offshore wind. 

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26
Mar' 21
High Court Quashes Inspector’s Decision Allowing Conversion of Industrial Warehouse to Flats

Charles Streeten

The High Court yesterday handed down judgment in London Borough of Hackney v Secretary of State [2021] EWHC 720 (Admin).

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23
Mar' 21
Government’s Protect Duty - Consultation: Jeremy Phillips QC to Provide Legal Perspective in Online Discussion of Key Figures Hosted by the Association of Security Consultants

Jeremy Phillips KC

Jeremy Phillips QC has been invited to join a panel of experts from government and industry in an online debate on Monday 29 March regarding the Government’s Protect Duty consultation.

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19
Mar' 21
Planning Law Survey 2021 - Counsel of Choice

Simon Bird KC, Andrew Tait KC, Michael Humphries KC, Morag Ellis KC, Craig Howell Williams KC, Douglas Edwards KC, Gregory Jones KC, Suzanne Ornsby KC, James Pereira KC, Saira Kabir Sheikh KC, Hereward Phillpot KC, Alexander Booth KC, Richard Honey KC, Mark Westmoreland Smith KC, Annabel Graham Paul, Hugh Flanagan, Rebecca Clutten, Ned Westaway, Isabella Tafur, Alexander Greaves, Timothy Comyn, Caroline Daly, Charles Streeten, Horatio Waller, Daisy Noble, Conor Fegan

Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2021.  With 14 silks and 12 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many. 

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16
Mar' 21
Department Asked to Undertake Further Assessment of A5 Road Project in Northern Ireland

Conor Fegan, Richard Honey KC, Gregory Jones KC

The Department for Infrastructure has today published the Interim Report of the Planning Appeals Commission into the proposed A5 Western Transport Corridor and its Departmental response.  The report follows a seven-day public inquiry into the scheme which was held last year.  

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15
Mar' 21
Richard Honey QC Formally Appointed as Queen’s Counsel Today

Richard Honey KC

Francis Taylor Building is delighted that Richard Honey QC was today formally appointed as Queen’s Counsel having received his letters patent.

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18
Feb' 21
High Court Quashes Norfolk Vanguard Windfarm Decision

Ned Westaway, Brendan Brett, Hereward Phillpot KC

Mr Justice Holgate has today handed down judgment in R (Pearce) v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin) – judgment available here - quashing the Secretary of State's grant of development consent for a sizeable windfarm development off the coast of Norfolk in the North Sea. 

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16
Feb' 21
Recognition of Public Rights of Way Over the Weatherby Level Crossing in Newmarket

Merrow Golden

Following a 9-day inquiry that took place (as a blended event) during October and November 2020, an Inspector has published an interim decision proposing that the Suffolk County Council (Parish of Newmarket) Modification Order 2018 be confirmed subject to proposed modifications.  

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10
Feb' 21
Appointments to Welsh Government’s Panels of Counsel Announced

Morag Ellis KC, Gregory Jones KC, Emyr Jones, Annabel Graham Paul

FTB is delighted to announce that Morag Ellis QC and Gregory Jones QC have been re-appointed to the Welsh Government’s Panel of Queen’s Counsel.

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10
Feb' 21
HS2 Successful in Further HS2 Euston Square Tunnel Protest Interim Applications

Saira Kabir Sheikh KC, Michael Fry, Jonathan Welch

This morning (10 February 2021), the High Court (Steyn J), dismissed wide-ranging applications by an activist unlawfully occupying makeshift tunnels beneath Euston Square Gardens in central London. The Judge also granted HS2’s application for a penal notice to be added to terms of the injunction against the activist, so that it be capable of enforcement by committal proceedings in case of continuing breach. 

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05
Feb' 21
High Court to Hear Challenges to Advice in Natural England ‘Nutrient Neutrality’ Advice Note

Gregory Jones KC, Conor Fegan

Following a contested renewal hearing this morning before Sir Ross Cranston (Sitting as a High Court Judge), the High Court has granted permission on all of the grounds renewed in R (Save Warsash and the Western Wards) v Fareham Borough Council  (CO/3397/2020).  The case raises questions about whether the guidance issued by Natural England is compliant with Articles 6(2) and 6(3) of the Habitats Directive.

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04
Feb' 21
Court of Appeal Judgment on the NPPF Tilted Balance

Richard Honey KC

The Court of Appeal has handed down judgment in the case of Gladman Developments Ltd v SSHCLG & Corby BC & Uttlesford DC [2021] EWCA Civ 104 dealing with paragraph 11(d)(ii) and the tilted balance in the National Planning Policy Framework.  The Court of Appeal dismissed the Appellant’s challenges, upholding the decisions of the Secretary of State’s inspectors.

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03
Feb' 21
Morag Ellis QC Delivers Lecture to Public Law Wales and the Welsh Legal History Society

Morag Ellis KC

On 28 February 2021 Morag Ellis QC delivered a lecture to Public Law Wales and the Welsh Legal History Society on her role as Dean of the Arches and Auditor and Master of the Faculty Office.

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03
Feb' 21
FTB Virtual Mini-pupillage – Applications Now Open

FTB is pleased to announce that we will be offering interested students an opportunity to attend and participate in a virtual mini-pupillage on 9 April 2021.

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02
Feb' 21
High Court Refuses High Profile Urgent Interim Injunction Application Against HS2

Saira Kabir Sheikh KC, Michael Fry

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.

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29
Jan' 21
Stopping Up Challenge Succeeds

Ned Westaway

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).

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28
Jan' 21
Supreme Court Hears Permission Costs Appeal

Ned Westaway, Esther Drabkin-Reiter

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).

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27
Jan' 21
High Court Secures Future of Historic Steam Crane

Charles Streeten

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).

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26
Jan' 21
JR of Bloor Homes Permission in Thurston Suffolk Launched by Parish Council

Meyric Lewis KC

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.

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22
Jan' 21
Court of Appeal Dismisses Drax Challenge

Gregory Jones KC, Merrow Golden, Andrew Tait KC, Ned Westaway, Mark Westmoreland Smith KC

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.  

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20
Jan' 21
High Court Quashes the Mayor of London’s Streetspace Plan and TfL’s Bishopsgate Traffic Management Order

David Matthias KC, Charles Streeten

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.

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19
Jan' 21
Planning Permission Granted for Replacement Pig Farm

Conor Fegan

Antrim and Newtownabbey last night resolved to grant planning permission for a replacement pig farm outside Ballyclare following a contested committee hearing.

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12
Jan' 21
Appeal for Major New School and Sports Facilities in Green Belt Dismissed

George Mackenzie

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. The application had initially been refused by the Royal Borough of Windsor and Maidenhead (RBWM). 

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07
Jan' 21
Court of Appeal Confirms Use Permitted Must be Limited to That Applied for

Saira Kabir Sheikh KC, Charles Streeten

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.

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05
Jan' 21
Divisional Court Provides Important Authority on the Requirements for Charges under s. 179 of the Town and Country Planning Act 1990

Annabel Graham Paul

In Ceredigion County Council v Robinson (No 2) [2020] EWHC 3425 (Admin), the Divisional Court (Stuart-Smith LJ and Jefford J) have held that an information under s. 179 of the Town and Country Planning Act 1990 does not need expressly to state the date by which an enforcement notice should have been complied with. Authority to the contrary, Maltedge and Frost v Wokingham DC [1992] 64 P & CR 487, is no longer good law in light of the changes to the statutory wording of s. 179 since it was decided.

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31
Dec' 20
Permission Granted in Pro Bono Judicial Review Brought by Parent at SEN School

Richard Honey KC, Jonathan Welch

The High Court has granted permission to proceed with a judicial review of the decision of Thanet District Council to grant planning permission for 38 residential dwellings adjacent to a Special Educational Needs school in Kent. The Claimant is a parent of a child at the school.

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29
Dec' 20
Olympic Sized Ice Centre Redevelopment Given the Nod

Gregory Jones KC

Waltham Forest Council has resolved to grant planning permission for a new ice venue in East London. The Lee Valley Ice Centre would be built on the site of the current single pad venue in Lea Bridge Road, Leyton. It would comprise two Olympic-sized rinks side by side, a café, gym, exercise studios and community spaces that would be open to everyone.  Given its status as  strategic planning application in Metropolitan Open Land the application has been referred to the Mayor of London for consideration.

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29
Dec' 20
Permission Granted in Judicial Review Challenge Involving Natural England ‘Nutrient Neutrality’ Advice Note

Gregory Jones KC, Conor Fegan

Mrs Justice Lang DBE has this week granted permission on all eight grounds in R (Brook Avenue Residents Against Development) v Fareham Borough Council and (1) Lorraine Louise Hanslip; (2) Michael Hanslip; (3) Thomas Lewis Hanslip; (4) Natural England (CO/4168/2020).  

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29
Dec' 20
Victory for Anglian Water in Bathing Water Quality Judicial Review

Meyric Lewis KC

Anglian Water Services Limited have succeeded in their judicial review of the Environment Agency’s classification of a number of popular Lincolnshire bathing waters within Anglian Water’s region under the Bathing Water Quality Regulations 2013.  The bathing waters at Cleethorpes, Humberston Fitties and Ingoldmells South beaches had all formerly been classed as “excellent” but were downgraded to merely “good” after the Environment Agency included samples in their annual assessment of bathing water quality which had been taken in June 2019 at a time of torrential rain and flooding.

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21
Dec' 20
Court of Appeal Upholds Extensions of Time for Prior Approval

Charles Streeten

The Court of Appeal has handed down judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWCA Civ 1756 and has upheld the judgment of Holgate J. in [2020] EWHC 161 Admin.

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21
Dec' 20
Permission Granted for Challenge to Response of Statutory Consultee

Charles Merrett

The High Court has granted permission to judicially review the decision of Norfolk County Council to formally respond as statutory consultee, in their capacity as Highways Authority, to an application for planning permission submitted by Ben Burgess Ltd to South Norfolk District Council for the development of a new operational headquarters.

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18
Dec' 20
Permission Refused for Redevelopment of the Former Hampstead Police Station as a Primary School

Morag Ellis KC, Esther Drabkin-Reiter

A Planning Inspector has dismissed two joined appeals brought by the Government’s Department for Education and Science against decisions of the London Borough of Camden refusing planning permission and listed building consent for a change of use and associated works to convert the Grade II listed Former Hampstead Police Station at Rosslyn Hill, London NW3 1PD into a one form entry Primary School. Planning permission and listed building consent had been refused on four grounds:  negative impacts in terms of traffic congestion, noise, air quality and heritage value of the existing building. As well as the main parties, a local residents’ group, Hampstead Community for Responsible Development (HCRD) participated in the appeals as a Rule 6 party. 

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18
Dec' 20
R (oao Coventry Gliding Club Limited)

Mark Westmoreland Smith KC

The High Court has handed down judgment on the appropriate remedy to be granted to a Claimant Gliding Club who had successfully challenged the lawfulness of a Council’s decision to grant prior approval for development only for all parties to discover (after the hearing was completed) that the decision had been of no legal effect because it had been notified out of time such that the developer had acquired the right to proceed with the development by virtue of paragraph W(11) of Schedule 2 to the GPDO.

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17
Dec' 20
Richard Honey Awarded Silk

Richard Honey KC

Francis Taylor Building is delighted that the Queen has accepted the recommendation of the Lord Chancellor that Richard Honey be appointed Queen's Counsel.

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16
Dec' 20
High Court Dismisses Challenge to Parole Board Guidance

Conor Fegan

The High Court has dismissed a judicial review challenging the lawfulness of guidance issued by the Parole Board in the wake of the John Worboys judgment which gives advice to its members on the consideration of allegations, including unproven allegations, which have been made against a prisoner.  

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16
Dec' 20
Heathrow Airport Limited Successful in Supreme Court

Michael Humphries KC

Judgment has been handed in down this morning in the case of R (on the application of Friends of the Earth Ltd and others) (Respondents) v Heathrow Airport Ltd (Appellant) [2020] UKSC 52

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16
Dec' 20
The Court of Appeal Has Handed Down Judgment in London Borough of Southwark v Ludgate House Limited [2020] EWCA Civ 1637.

Mark Westmoreland Smith KC

The case concerned whether particular rooms in a vacant office building were in separate rateable occupation. The owners of the office building entered into an agreement with a site security company for the provision of property guardians to occupy the rooms for domestic use as a means of keeping the site secure prior to its redevelopment. It is fairly widespread approach to rates mitigation. 

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14
Dec' 20
Decision on Network Rail’s Cambridgeshire Level Crossing Reduction Order

Merrow Golden

The Secretary of State has decided to make the Network Rail (Cambridgeshire Level Crossing Reduction) Order subject to a number of modifications.  This is the first decision to be published by the Secretary of State concerning the three Level Crossing Reduction Orders simultaneously pursued by Network Rail in 2017, covering Cambridgeshire, Suffolk and Essex. The Inquiry into the Cambridgeshire Order closed in February 2018.

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10
Dec' 20
High Court to Consider if the Planning Policy on Traveller Sites 2015 is Unlawfully Discriminatory

Merrow Golden

On 10th and 11th December 2020, the High Court will hear Lisa Smith v Secretary of State for Housing, Communities and Local Government – which raises questions of significant public interest concerning discrimination against Gypsies and Travellers.

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09
Dec' 20
Dreamland, Margate - Compensation Claim For Loan Financing Rejected

Alexander Booth KC

In a decision dated 17 November 2020 the Upper Tribunal (Lands Chamber) has rejected a claim for compensation against Thanet District Council, regarding interest which the claimant companies alleged had accrued in respect of a loan against premises which were compulsorily acquired.

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09
Dec' 20
High Court Quashes Grant of Planning Permission for Residential Skyscraper in Birmingham

Gregory Jones KC, Esther Drabkin-Reiter

The High Court has quashed the grant of planning permission by Birmingham City Council for what would be the second tallest building in the city of Birmingham, a proposed 51 storey residential block in the city centre and in close proximity to the new HS2 station at Curzon Street, following a concession by the Defendant City Council acknowledging the unlawfulness of the grant. The application documentation had been criticised by both Historic England and the Victorian Society for its failure to consider correctly the impact on neighbouring heritage assets.

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08
Dec' 20
Successful Prosecution for Obstruction of a Highway

Merrow Golden

Kent County Council has successfully prosecuted a large-scale developer for unlawfully obstructing, and disturbing the surface of, a restricted byway running through its development site. The developer had, inter alia, built buildings over the route of the highway, blocking its use for users of the rights of way network.

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07
Dec' 20
High Court Severs 1799 Inclosure Award to Affirm Public Bridleway

Horatio Waller, Hugh Flanagan

The ancient documents by which the inclosure process was undertaken continue to give rise to fresh debate, as is demonstrated from the judgment handed down today by Mrs Justice Lieven DBE in Craggs v SoS and Others [2020] EWHC 3346 (Admin). 

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02
Dec' 20
Lord Kerr

It is with enormous sadness that we have learnt of the death of Lord Kerr of Tonaghmore on 1 December 2020.

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27
Nov' 20
The Court of Appeal Considers When An Unsuccessful Litigant Must Accept “No” For An Answer

Isabella Tafur

The Court of Appeal has today handed down judgment in R(on the application of Wingfield) v Canterbury City Council [2020] EWHC 1975 (Admin).

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23
Nov' 20
Definitive Map Modification Order in Middle Rasen, Lincolnshire Confirmed

Merrow Golden

This DMMO application concerned a historical public footpath in Middle Rasen, Lincolnshire.  The underlying section 53 application was made back on 5 August 1987.  Whilst the order-making authority determined to make the order on 2 September 1988, the order was not, in fact, made until almost 30 years later, on 12 June 2017.  The order-making authority also chose not to support the order’s confirmation – initially objecting to it and then adopting a neutral stance.

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21
Nov' 20
Kingsland Cup and Prize Moot Goes Live

We are delighted to announce that the annual FTB Kingsland Cup and Prize Moot competition is now open to teams of undergraduate, GDL, LPC and BPTC students.
With moots covering European, environmental and public law, the competition will take place over three rounds. The first round sees entrants judged on their skeleton arguments, with the top-scoring teams appearing at the semi-final in London before a distinguished high court judge either in person in a full mock court or virtually.

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19
Nov' 20
Court Considers s.193(5) TCPA 1990 For the First Time

George Mackenzie

The High Court has dismissed a s.288 application in respect of an Inspector’s decision to dismiss a s.195 appeal against an LPA’s non-determination of an application for a CLOPUD which sought the certification of the lawfulness of the use of land as “touring caravan site for the siting of touring caravans including as a person’s sole or main place of residence.”

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17
Nov' 20
Public Inquiry into UK Holocaust Memorial Concludes

Douglas Edwards KC, Charles Streeten, Meyric Lewis KC

A Planning Inspector has closed the public inquiry into the called-in application for a national memorial to the Holocaust, and an associated underground learning centre proposed to be located at Victoria Tower Gardens, next to the Houses of Parliament in Westminster. The inquiry was held on a virtual platform and was the longest and most complex inquiry that PINS has hosted remotely.

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11
Nov' 20
Permission Granted for Challenge to Development of 300 Homes in Mid Suffolk

Charles Merrett

The High Court has granted permission to judicially review the decision of Mid Suffolk District Council to grant outline planning permission for the erection of up to 300 dwellings and associated development in Woolpit. The grounds of challenge relate to policies being ‘out-of-date’ and the approach to emerging plans. 

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03
Nov' 20
Lands Tribunal Has Power to Strike Out for Abuse of Process

George Mackenzie

The Lands Tribunal has held that it does have the power to strike out proceedings for abuse of process pursuant to rule 8(3)(c) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (“the 2010 Rules”).

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30
Oct' 20
Southampton to London Pipeline – DCO Granted for Strategic Fuel Pipeline

Alexander Booth KC, Charles Streeten

In a decision letter issued earlier this month, the Secretary of State determined to grant a Development Consent Order in respect of the Southampton to London Pipeline Project (‘the SLP’), promoted by Esso Petroleum Company (‘Esso’).

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30
Oct' 20
FTB Celebrates Jeremy Phillips QC’s Election as an International Master of Gaming Law

Jeremy Phillips KC

Leading licensing and disciplinary law specialist, Jeremy Phillips QC, is celebrating being made an International Master of Gaming Law by the Las Vegas-based IMGL. The association’s global membership includes the most well-known gaming lawyers and operators in North America and Europe. Past conferences have been held in Copenhagen, Dublin, Peru, San Francisco, New York, San Diego, the U.S. Virgin Islands, whilst Masterclasses have been held in London, Amsterdam, Lisbon, Las Vegas, Malta, Tel Aviv, Sophia, Isle of Man, and more.

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27
Oct' 20
High Court Grants Permission for Two Additional Grounds in Judicial Review Challenge to Residential Skyscraper in Birmingham

Gregory Jones KC, Esther Drabkin-Reiter

At a contested remote oral hearing held on 21 October 2020 the High Court granted permission for two additional grounds in a judicial review challenge to the grant of planning permission by Birmingham City Council for what would be the second tallest building in the city of Birmingham, a proposed 51 storey residential block in the city centre and in close proximity to the new HS2 station at Curzon Street. The two grounds challenge the lawfulness of the grant on the basis of the failure to report the Victorian Society’s objection to the development to members of the Planning Committee (Ground 7) and the failure to produce an adequate screening opinion under the Environmental Impact Assessment Regulations 2017 (Ground 5).  These grounds will be added to the five already granted permission on the papers by Mrs Justice Lieven. 

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22
Oct' 20
Caroline Daly Elected to Compulsory Purchase Association Management Board

Caroline Daly

Following a recent election, Caroline Daly has been elected to the Compulsory Purchase Association Management Board. 

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20
Oct' 20
HS2 Success in Committal Application Arising From a Persons Unknown Injunction

Michael Fry

In an important judgment balancing the right to protest with private property rights, the High Court has imposed a six month prison sentence, suspended for 12 months, upon Mr Elliott Cuciurean.  

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16
Oct' 20
Court of Appeal Rules on Interpretation of Planning Conditions

Richard Honey KC, Charles Streeten

The Court of Appeal has handed down judgment in the case of DB Symmetry v Swindon BC [2020] EWCA Civ 1331, allowing the appeal made by the developer and supported by the Secretary of State for Housing, Communities and Local Government.  The case deals with the approach to the interpretation of planning conditions and the lawfulness of conditions purporting to require the public to have rights of passage over roads to be constructed as part of a development.

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15
Oct' 20
Decision on Network Rail’s Suffolk Level Crossing Reduction Order

Merrow Golden

The Secretary of State has decided to make the Network Rail (Suffolk Level Crossing Reduction) Order subject to a number of modifications.  This is the second decision to be published by the Secretary of State concerning the three Level Crossing Reduction Orders simultaneously pursued by Network Rail in 2017 under the Transport and Works Act 1992. It follows the decision on the Cambridgeshire TWAO (see here).  The Inquiry into the Suffolk Order ran for over 6 weeks and closed in May 2018.

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06
Oct' 20
NHS Trust Granted Permission to Challenge Refusal to Impose £1m s.106 Contribution

Annabel Graham Paul

Sir Ross Cranston has granted permission on all grounds to the South Torbay and Devon NHS Foundation Trust to challenge the Secretary of State’s refusal to require a £1m s. 106 contribution for a large housing scheme in Newton Abbot.

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06
Oct' 20
FTB Announces New Tenant Jonathan Welch

Jonathan Welch

FTB is delighted to announce that Jonathan Welch has accepted an invitation to join Chambers with immediate effect following successful completion of a 12 month pupillage with Chambers.

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05
Oct' 20
FTB Raises Over £2,000 for London Legal Support Trust

FTB members have so far raised £2,265 (£2,716.25 with gift aid) for the London Legal Support Trust for the London Legal Walk 10XChallenge, which takes place today, raising money for free legal advice charities to help those in need.

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02
Oct' 20
Permission Granted for Challenge to Norfolk Vanguard Windfarm

Ned Westaway, Brendan Brett, Hereward Phillpot KC

The High Court has granted permission for a challenge to the Secretary of State for Business, Energy and Industrial Strategy’s decision to grant development consent for the Norfolk Vanguard windfarm, a sizeable development in the North Sea off the coast of Norfolk.

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01
Oct' 20
Sizewell B Challenge Dismissed by the High Court

Andrew Tait KC, Isabella Tafur, Hereward Phillpot KC

R (on the application of Joan Girling) v. (1) East Suffolk Council (2) EDF Energy Nuclear Generation Limited (3) NNB Generation Company (SZC) Limited [2020] EWHC 2579 (Admin).

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28
Sep' 20
Mark Hill QC to Give Keynote Presentation at a Global Lawyering Spotlight Lecture Series: Coronavirus and the Curtailment of Religious Freedom

Mark Hill KC

The focus for the symposium will be the effect upon the enjoyment of religious liberty as a direct or indirect result of state responses to the threat posed to their citizens by the Coronavirus.

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28
Sep' 20
Uber London Limited v Transport for London

Gerald Gouriet KC, Charles Holland

Uber has today won its appeal against Transport for London’s refusal to renew its London PHV operator’s licence.  The Deputy Senior District Judge, sitting at Westminster Magistrates’ Court, decided that Uber London Limited is a fit and proper person to hold such a licence. 

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17
Sep' 20
Holocaust Memorial and Learning Centre JR Heard in High Court

Meyric Lewis KC

The Holocaust Memorial and Learning Centre JR being brought by the London Parks and Gardens Trust was heard in the High Court on 9 and 10 September (see previous post for more details).

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14
Sep' 20
Court of Appeal Hands Down Important Judgement on PSED and EIA Alternatives

Charles Streeten

The Court of Appeal has handed down judgement in Gathercole v Suffolk CC [2020] EWCA Civ 1179

Mr Gathercole's case concerned a challenge to the grant of planning permission for a new school beneath the flight path of military jets, operating from RAF Lakenheath which, since 1941, has been the home of a United States Air Force base.

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14
Sep' 20
Secretary of State Grants Permission for Citroen Site, Brentford

Douglas Edwards KC

On 10 September 2020, the Secretary of State granted planning permission for a large mixed-use scheme, including 441 new homes, in a series of tall buildings on the site of the Citroen car dealership, close to the elevated section of the M4 motorway in Brentford, West London.

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03
Sep' 20
Court of Appeal Decision on NPPF Para 11d Outdated Policies

Richard Honey KC

The Court of Appeal has handed down its decision in the case of Peel Investments v Secretary of State for Housing, Communities & Local Government [2020] EWCA Civ 1175.  The two issues arising on the appeal were (1) the correct interpretation of the term “out-of-date” in paragraph 11d of the National Planning Policy Framework (NPPF), and (2) the proper application of policies contained within local plans which are time-expired or lack policy in respect of the strategic issue of housing supply.  

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02
Sep' 20
Planning Prosecution of “Directors of a Corporate Director” Discontinued

Gregory Jones KC, Annabel Graham Paul

In an unusual scenario, the London Borough of Waltham Forest issued summonses against four Directors of an Isle of Man company, which, itself, was the sole corporate director of two companies who had failed to comply with planning enforcement notices requiring the removal of unlawful flats at various rental properties. 

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01
Sep' 20
Make Shift Granted 3 Premises Licences for Hackney Bridge Development on London Olympic Site

Gary Grant

Following a contested remote hearing before Hackney’s Licensing Sub-Committee on 20 August 2020, Make Shift, the makers of Pop Brixton and  Peckham Levels have successfully obtained three late night premises licences to enable their major new destination venue “Hackney Bridge” to open in the Queen Elizabeth Olympic Park later this year.

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01
Sep' 20
Cain Ormondroyd Appointed to Attorney General’s A Panel of Approved Counsel, Sarah Sackman to the B panel and Michael Fry and Caroline Daly to the C Panel

Cain Ormondroyd, Michael Fry, Caroline Daly

FTB is delighted to announce that Cain Ormondroyd has been promoted to the Attorney General's A panel of approved counsel, Sarah Sackman has been promoted to the  B panel and Michael Fry and Caroline Daly have been appointed to the C panel. Their appointments commence on 1st September 2020.

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28
Aug' 20
Lands Tribunal Confirms That VTE Cannot Quash Completion Notices

George Mackenzie

The Lands Tribunal has confirmed that the VTE does not have the jurisdiction to quash completion notices issued by Billing Authorities if the VTE considers that the hereditament could not be completed within 3 months of the date of the notice. The case involved a completion notice issued by the London Borough of Newham.

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03
Aug' 20
Lord Justice Lindblom Appointed as Senior President of Tribunals

Chambers is delighted that the Right Honourable Lord Justice Lindblom has been appointed as Senior President of Tribunals.
Sir Keith Lindblom was a member of Chambers from 1981 (taking silk in 1996) until his appointment as a High Court judge in 2010.

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03
Aug' 20
Three Public & Environmental Law Academics to Join Chambers

Richard Honey KC

We are pleased to announce the appointment of Professor Gordon Anthony as an Academic Tenant and Dr Eloise Ellis and Dr Ciara Brennan as new members of Chambers’ Academic Panel.

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31
Jul' 20
Hard Rock Café Granted Stand-alone Bar licence as Exception to Westminster’s Stress Policy

Gary Grant

Hard Rock Café’s international flagship store at Piccadilly Circus, London has been granted a new premises licence to include, for the first time, a stand-alone bar where all customers (both diners and non-diners) can enjoy a drink whilst absorbing the iconic surroundings.

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29
Jul' 20
High Court Grants Permission for Judicial Review Challenge to Residential Skyscraper in Birmingham

Gregory Jones KC, Esther Drabkin-Reiter

The High Court has granted permission to proceed with a judicial review challenge to the grant of planning permission by Birmingham City Council in the face of criticisms by Historic England for what would be the second tallest building in the city of Birmingham, a residential block in the city centre and in close proximity to the new HS2 station at Curzon Street.  Objectors say the development will have a far-reaching impact on the city centre, particularly on a large number of heritage assets of the highest significance, including Grade I and Grade II* listed assets.

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21
Jul' 20
Court of Appeal Grants Permission in Drax Challenge

Andrew Tait KC, Gregory Jones KC, Merrow Golden, Ned Westaway, Mark Westmoreland Smith KC

The Court of Appeal (Lord Justice Lewison) has granted permission to appeal from the High Court’s decision in R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin). The case concerns the judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire.

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15
Jul' 20
Jeremy Phillips QC Chairs International Gambling Panel

Jeremy Phillips KC

At 4pm on Monday 20 July leading licensing barrister, Jeremy Phillips QC, will be chairing a panel which includes the most influential individuals in the UK gambling industry:

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09
Jul' 20
Secretary of State Grants First Ever Airport DCO at Manston in Kent

Isabella Tafur, Michael Humphries KC

The Secretary of State for Transport has today granted development consent for the first Airport examined under the Planning Act 2008 regime. His decision paves the way for the reopening and development of Manston Airport, near Ramsgate, as a proposed dedicated air freight facility handling up to 10,000 air cargo movements per year.

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08
Jul' 20
Richard Honey and Annabel Graham Paul Join PEBA Committee

Annabel Graham Paul, Richard Honey KC

Francis Taylor Building is delighted to announce that Richard Honey and Annabel Graham Paul have joined the Committee of the Planning and Environment Bar Association. With the Coronavirus-related challenges to planning decision-making at all levels, and the wide-ranging proposals for reform of the planning system and environmental governance, they are both looking forward to embracing the challenges and opportunities ahead.

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26
Jun' 20
Jeremy Phillips QC and Michael Fry act on Major Casino Due Diligence

Jeremy Phillips KC, Michael Fry

It has recently been announced on the website of the Hong Kong Stock Exchange that a very substantial proposed acquisition and associated reverse takeover involving a new listing application relating to the parent company of one of London’s elite casinos, Les Ambassadeurs, has been terminated.

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26
Jun' 20
Gary Grant Advising Volteface on Hemp Cultivation and CBD

Gary Grant

Gary Grant, a member of FTB’s new Cannabis Law team, has been instructed to advise Volteface, the leading UK drug-harm reduction organisation, in relation to their newly launched Pleasant Lands campaign. 

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25
Jun' 20
Business and Planning Bill Published

Richard Honey KC

The Government has published the Business and Planning Bill 2019-21. The Bill contains in Part 3 proposed legislation to address some of the consequences of the covid-19 outbreak, including the modification of conditions relating to construction working hours and the extension of the duration of planning permissions. Richard Honey was instructed by MHCLG Legal Advisers to advise on these elements of the proposed legislation and related guidance, especially the European environmental law aspects, during the development of the proposals from April through to June 2020.

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19
Jun' 20
London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application

Meyric Lewis KC

The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.

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16
Jun' 20
Obligations for Disclosure of Viability Informative and Role of Representations at Committee Clarified by High Court

Andrew Fraser-Urquhart KC

R(Holborn Studios) v LB Hackney [2020] EWHC 1509 (Admin), Dove J

Andrew Fraser-Urquhart KC represented LB Hackney in this challenge to the grant of planning permission for the redevelopment of Holborn Studios. Dove J considered the disclosure requirements for viability information provided in the course of a planning application in the light of updated guidance in the NPPG and held that it superseded the ruling in R(Perry) which had offered broad discretion to local authorities to withhold information provided by developers. Dove J also rejected a challenge to the decision based upon the Council’s Planning Code for Councillors, holding that the opportunity to make representations at Committee ensured there was no prejudice to objectors.

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15
Jun' 20
High Court Finds Challenge to Informative on CLEUD Inappropriate for Judicial Review Because of Adequate Alternative Remedy

Andrew Fraser-Urquhart KC

R(QM Developments) v Warrington BC [2020] EWHC 1511 (Admin), Dove J.

The High Court has decided that an informative added to a CLEUD, relating to requirements in a land remediation condition which had not been complied with, could not be challenged by way of judicial review.  

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12
Jun' 20
Tall Building Proposal - Appeal Refused on Design and Heritage Grounds by Secretary of State

Craig Howell Williams KC, Douglas Edwards KC, Charles Merrett

Meyer Homes appealed against the decision of The Royal Borough of Greenwich to refuse an application for planning permission for the construction of a 27 storey building (1,056sqm of commercial floorspace at ground and first floor, 206 residential units at upper floors) and the construction of buildings between 9 and 16 storeys (1,793sqm of commercial floorspace at ground floor and 598 residential units at upper floors), both with associated ancillary development. The appeal was recovered by the Secretary of State and heard at a public inquiry lasting six days.

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04
Jun' 20
Poor Design Proves Fatal for 771 Home Appeal Proposal in Charlton Riverside Opportunity Area

Caroline Daly, Isabella Tafur

The Secretary of State has refused permission for 771 houses and flats (including 40% affordable) in an Opportunity Area in Greenwich because of the scheme’s design failures and associated conflict with the aims and vision of the Royal Borough’s Charlton Riverside Supplementary Planning Document.

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03
Jun' 20
Morag Ellis KC Appointed as Dean of the Arches and Auditor

Morag Ellis KC

Chambers is delighted with the announcement today by the Archbishops of Canterbury and York of the appointment of Morag Ellis KC as Dean of the Arches and Auditor.

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02
Jun' 20
Sevenoaks District Council Granted Permission to Judicially Review Decision of Local Plan Inspector

Charles Merrett, Saira Kabir Sheikh KC

Permission to bring judicial review proceedings against the decision of Karen L Baker DipTP MA DipMP MRTPI, the Inspector appointed by the Secretary of State to examine the Sevenoaks District Local Plan has been granted on all grounds by the High Court. Sevenoaks District Council has challenged the inspector’s decision that it failed to comply with the duty to cooperate in preparing the draft Local Plan.

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02
Jun' 20
A Lesson in Legal Alchemy: Leech Homes v Northumberland County Council – CAAD Appeal Relating to 135 Homes Dismissed as Inappropriate Development in Green Belt

James Pereira KC, Daisy Noble

The Deputy President of the Upper Tribunal (Lands Chamber), Martin Rodger KC and Diane Martin MRICS FAAV have handed down judgment in a CAAD appeal by Leech Homes. The Tribunal rejected Leech Homes’ argument that a residential scheme of approximately 135 dwellings was appropriate alternative development (AAD) for land acquired by the Council for the purposes of constructing the Morpeth Northern Bypass. The bypass had been authorised by a Development Consent Order made under the Planning Act 2008.

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22
May' 20
High Court Dismisses Claim in Drax Challenge

Andrew Tait KC, Gregory Jones KC, Merrow Golden, Ned Westaway, Mark Westmoreland Smith KC

Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).

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21
May' 20
R (Susan Fisher) v Durham County Council [2020] - The Interface Between Statutory Nuisance and Disability Discrimination

Charles Holland

In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).

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20
May' 20
The Pendulum Pub Licence Revoked at Summary Review Hearing for Breaking Lockdown Regulations

Gary Grant

In one of the first cases of its type, The Pendulum pub in Pendeford, Wolverhampton has had its premises licence revoked in summary review proceedings brought by West Midlands Police for breaking the coronavirus lockdown provisions.

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19
May' 20
Oxford Local Plan Found Sound

Douglas Edwards KC, George Mackenzie

Inspectors, Jonathan Bore and Nick Fagan, have reported into the examination of the Oxford Local Plan 2036. Examination hearings took place in December 2019. The Inspectors have concluded that all legal requirements have been met, including the duty to cooperate, and that the Local Plan is sound, subject to certain modifications. Due to the extensive levels of need for new housing within City, the Inspectors found policies to release land from the Green Belt to be justified and sound, as well as the agreed strategy whereby Oxford’s unmet need would be met by neighbouring local authorities.

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06
May' 20
Permission Granted in Anglian Water Bathing Water Quality JR

Meyric Lewis KC

The High Court has granted permission to apply for judicial review in Anglian Water’s claim concerning the Environment Agency’s classification of the quality of bathing waters in Lincolnshire at Cleethorpes, Humberston Fitties and Ingoldmells South beaches for the purposes of the Bathing Water Regulations 2013 – the regulations which transpose the provisions of the EU Water Framework Directive, Directive 2000/60/EC into UK law.

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06
May' 20
New Judgment on the Test for Footpath Diversions

Ned Westaway

The High Court has handed down judgment in Open Spaces Society v SSEFRA [2020] EWHC 1085 (Admin) on the interpretation of s.119(6) of the Highways Act 1980 that provides for the confirmation of footpath diversion orders, among other things, where it is “expedient … having regard to the effect which” the order will have on (a) public enjoyment of the path as a whole, (b) land served by the existing public right of way and (c) other land.

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05
May' 20
West Midlands Interchange – DCO Granted for Strategic Rail Freight Infrastructure in the Green Belt

Alexander Booth KC

In a decision letter dated 4 May 2020, the Secretary of State has determined to grant a Development Consent Order in respect of the West Midlands Interchange project. 

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01
May' 20
Lake Lothing DCO Granted

Isabella Tafur

The Secretary of State for Transport has this week granted development consent for a third bridge crossing over Lake Lothing in Lowestoft, promoted by Suffolk County Council.

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30
Apr' 20
Secretary of State Refuses Permission for the ‘Camberwell Union’ - a Major Mixed Use Scheme in Central London

Charles Streeten, Esther Drabkin-Reiter, Jonathan Welch

Planning permission has been refused for the ‘Camberwell Union’, which was intended as a “new cultural quarter” for London. As proposed, it consisted of 13 blocks, with a number of tall buildings, providing 505 residential units on the upper stories and 4,404m2 of commercial, retail and leisure space at ground level.

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29
Apr' 20
The High Court (Mrs Justice Lieven) has handed down judgment in R (oao Wiltshire Council) v Secretary of State for Housing, Communities and Local Government and Mr W Howse

Mark Westmoreland Smith KC

The High Court (Mrs Justice Lieven) has handed down judgment in R (oao Wiltshire Council) v Secretary of State for Housing, Communities and Local Government and Mr W Howse [2020] EWHC 954 (Admin). The hearing was one of the first to be held remotely under the COVID-19 protocol.

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28
Apr' 20
Development Consent Order Granted in Respect of Riverside Energy Park

Alexander Booth KC, Andrew Tait KC, Michael Fry, Caroline Daly

A Development Consent Order has been granted in respect of the Riverside Energy Park project, in Bexley, South East London. Following submission of the application in 2018 by Cory Environmental Holdings Ltd, the Examination into the project was held between April and October 2019. The Examining Authority reported in January 2020, and despite the current procedural difficulties the Secretary of State was able to issue the DCO on 9 April.

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27
Apr' 20
“Right sized” Bingo Club Valued According to Valuation Scheme

George Mackenzie

The Lands Tribunal have dismissed an appeal brought by Buzz Bingo – the UK’s largest bingo club operator – in which they sought a reduction in the rateable value of one of their bingo clubs in Birmingham. The club had been reduced in size by around 1/3 during the 2010 list in response to the decline of the bingo industry following the smoking ban and the recession.

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27
Apr' 20
Successful Minerals Challenge in rare ROMP Appeal at Oxted Quarry

Alexander Booth KC

In a decision letter dated 7 April 2020, a Planning Inspector has allowed an appeal brought by a minerals operator in respect of planning conditions imposed pursuant to periodic review. In finding comprehensively for Southern Gravel Ltd in the appeal proceedings brought pursuant to Schedule 14 of the Environment Act 1995, the Inspector Roger Catchpole rejected the case of the minerals planning authority, Surrey County Council, regarding conditions imposed in respect of operations at Oxted Quarry.

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27
Apr' 20
Authority’s Rejection of Housing Supply ‘Standard Methodology’ upheld with Costs

Alexander Booth KC

Following a two week Public Inquiry, the decision by Central Bedfordshire Council to assess its Five Year Housing Land Supply figure (5YHLS) with reference to an Objective Assessment of Need (‘OAN’) rather than the Government’s ‘Standard Methodology’ has been vindicated.

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24
Apr' 20
Central Bedfordshire’s Approach to Reject Standard Methodology in Favour of its SHMA Upheld in Dismissal of Gladman’s Henlow Appeal (Again)

Saira Kabir Sheikh KC

A refusal by Central Bedfordshire Council of planning permission for 135 homes on agricultural land on the outskirts of Henlow has been upheld on appeal by the Secretary of State’s inspector, Diane Lewis (appeal ref: APP/P0240/W/16/3164961).

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24
Apr' 20
High Court Reaffirms Exclusivity Principle, Striking Out Abusive Part 8 Permitted Development Rights Proceedings

Saira Kabir Sheikh KC

In striking out the claim form in T & P Real Estate, Limited v London Borough of Sutton PT-2019-000766, the High Court has acted firmly against abusive claims by developers who seek to circumvent the proper avenues for challenging local authority planning decisions. 

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24
Apr' 20
Important New Guidance on the Meaning of “Curtilage”

Ned Westaway, Douglas Edwards KC, George Mackenzie, Philip Petchey

In Hampshire County Council v Secretary of State for the Environment [2019] EWHC 959 (Admin), the High Court (Holgate J) has given important new guidance on the meaning of curtilage. 

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22
Apr' 20
Rate Refund Decision: Partial Occupation is Not Rateable Occupation

Cain Ormondroyd

A ratepayer has secured a large refund of rates by establishing that it was not in rateable occupation when the rates were paid. 

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15
Apr' 20
Cambridgeshire Agri-tech Park Appeal Dismissed

Douglas Edwards KC, Horatio Waller

On 9 April 2020, the Secretary of State for Housing, Communities and Local Government dismissed an appeal against the refusal of planning permission by South Cambridgeshire District Council for a large business park proposed for the Agri-tech sector on open farmland near Hinxton.

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07
Apr' 20
Development Consent Granted to SP Manweb Plc

Mark Westmoreland Smith KC

On 20 March 2020 the Secretary of State for Business, Energy & Industrial Strategy granted development consent for the construction and operation of a new 22.5km 132kv electrical circuit between SP Manweb’s existing substations at Oswestry and Wem in North Shropshire, following an examination and a report recommending the grant of development consent. Mark Westmoreland Smith acted for SP Manweb.

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07
Apr' 20
Court of Appeal Clarifies Approach to s.73A TCPA 1990

Cain Ormondroyd, Ned Westaway

The Court of Appeal has remotely handed down its first electronic-only planning judgment under the Covid-19 Protocol: Hook v SSHCLG [2020] EWCA Civ 486.

The case related to the decision of a planning inspector to refuse an appeal relating to an application made under s.73A for the erection of an occupational worker's dwelling “ancillary to use of the land for agricultural purposes”.  The problem was that neither the local planning authority, nor the planning inspector, considered that the building was justified by an agricultural need, or was otherwise “for agriculture” for the purposes of NPPF policy on the Green Belt.

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06
Apr' 20
Eastleigh Local Plan Inspector recommends Deletion of 5300 Home Strategic Growth Option

Caroline Daly, Hereward Phillpot KC

Following hearing sessions over the winter, the Inspector examining Eastleigh Borough Council’s Local Plan has recommended to the Council that it deletes the Strategic Growth Option (SGO) in the Plan.

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01
Apr' 20
FTB Announces New Tenant Michael Brendan Brett

Brendan Brett

FTB is delighted to announce that Michael Brendan Brett has accepted an invitation to join Chambers with immediate effect.

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27
Mar' 20
Planning Law Survey 2020 - Counsel of Choice

Simon Bird KC, Morag Ellis KC, Michael Humphries KC, Hereward Phillpot KC, James Pereira KC, Alexander Booth KC, Andrew Tait KC, Douglas Edwards KC, Cain Ormondroyd, Gregory Jones KC, Saira Kabir Sheikh KC, Andrew Fraser-Urquhart KC, Richard Glover KC, Rebecca Clutten, Richard Honey KC, Mark Westmoreland Smith KC, Annabel Graham Paul, Isabella Tafur, Ned Westaway, Hugh Flanagan, Caroline Daly, Michael Fry, Merrow Golden, Charles Streeten

Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2020.  With 13 silks and 14 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many. 

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26
Mar' 20
New Edition of Gadsden & Cousins on Commons and Greens

Richard Honey KC, Annabel Graham Paul, Daisy Noble

The new third edition of Gadsden & Cousins on Commons and Greens has just been published by Sweet & Maxwell as part of its Property and Conveyancing Library series.  

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20
Mar' 20
Eagles Flying High

Gregory Jones KC

Gregory Jones KC has assisted Crystal Palace Football Club in gaining planning approval for its £20million academy redevelopment.  The site - located a couple of minutes down Copers Cope Road from the first team training base in Beckenham - will see the redevelopment of onsite buildings as well as the construction of a new covered full-size 3G synthetic pitch, for all-weather use.

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18
Mar' 20
Licensing Hearings During the Coronavirus Crisis

Gary Grant

The coronavirus has led to challenges unseen during peace-time. The licensing world is far from immune. 

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16
Mar' 20
Kensington Forum Judicial Review Succeeds:  High Court Quashes Permission for Tallest Building in Kensington after Mayor Forced to Admit the Decision was Taken for an Improper Purpose

Charles Streeten, Brendan Brett

On 21 June 2019, the Mayor of London granted planning permission for a significant and controversial development, on land at the Kensington Forum Hotel, 97-109 Cromwell Road, London, SW7 4DN. The scheme, designed by Simpson Haugh, included a 30 storey tower, which would have been the tallest in Kensington, and provided a 749 bed hotel and 402 residential units in South Kensington. However, following a judicial review brought by the Royal Borough of Kensington and Chelsea, the High Court has quashed the planning permission, after the Mayor of London conceded that the decision to grant the permission was motivated by an improper purpose; namely frustrating the Secretary of State for Housing Communities and Local Government.

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09
Mar' 20
All Three of Chambers’ Female Planning Silks Recognised as Women of Influence 2020

Morag Ellis KC, Suzanne Ornsby KC, Saira Kabir Sheikh KC

Chambers is delighted that all three of our female planning silks have been included in The Planner’s Women of Influence 2020 list.

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06
Mar' 20
Judgment on NPPF Para 11(d)(ii) Tilted Balance

Richard Honey KC

Mr Justice Holgate has handed down judgment in Gladman Developments Ltd v SSHCLG & Corby BC & Uttlesford DC [2020] EWHC 518 (Admin), a rolled-up hearing in two linked challenges under s288 of the Town and Country Planning Act 1990.  The Judge refused permission, concluding that all four issues were unarguable. 

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06
Mar' 20
A259 Littlehampton Corridor CPO Confirmed by Secretary of State

Hugh Flanagan

The Secretary of State has confirmed the CPO for the A259 Littlehampton corridor road improvement scheme. The £25m scheme involves dualling a section of the A259 which runs through Littlehampton and surrounding areas on the south coast. The Inspector and Secretary of State agreed with West Sussex County Council, the acquiring authority, that the scheme was needed to improve journey times, reduce congestion and assist in realising development plan ambitions in terms of housing and employment growth for the area.

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05
Mar' 20
Statutory Undertaker Refused Warrant to Enter Premises under the Water Industry Act 1991

Michael Fry

Water and sewerage companies (known, with other types of utility companies, as “statutory undertakers”) have statutory power to enter land to lay pipes and alter existing pipes under the Water Industry Act 1991. Given the importance of water and sewerage, water companies have extensive powers of entry onto land – and in the event of an emergency, no notice of entry is required.

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04
Mar' 20
Supreme Court Grants Permission in Public Law Costs Case

Ned Westaway

The Supreme Court (Lords Kerr, Carnwath and Briggs) has granted permission to appeal from the Court of Appeal’s decision in CPRE - Kent Branch v SSCLG [2019] EWCA Civ 1230; [2020] 1 WLR 352. 

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25
Feb' 20
Jeremy Phillips KC Now Appointed to Teaching Regulation Agency Panel

Jeremy Phillips KC

Chambers is pleased to announce that Jeremy Phillips KC has been appointed to the Professional Conduct Panel of the Teaching Regulation Agency Panel.

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21
Feb' 20
Lady Dido Berkeley Acquitted in Extinction Rebellion Prosecution

Charles Streeten, Jonathan Welch

On 20 January, Lady Dido Berkeley was acquitted by City of London Magistrates’ Court of the offence of knowingly failing to comply with a condition imposed on a public assembly contrary to section 14(5) of the Public Order Act 1986.

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18
Feb' 20
Third A5 Dual Carriageway Inquiry Opens

Conor Fegan, Richard Honey KC, Gregory Jones KC

The third inquiry into the proposed A5 Dual Carriageway between New Buildings to Aughnacloy has opened today.  The proposed scheme is the largest road scheme ever to be considered in Northern Ireland and is expected to cost c. £1 billion.  The inquiry will take place in two stages — the first stage, which will address environmental issues, opens today and will last for four days; the second stage, which will address non–environmental issues, will take place in the week commencing 9 March 2020 and is expected to last for three days.  This is the third inquiry into the proposed scheme, with two previous decisions to proceed with the proposed scheme having been quashed following successful legal challenges brought by the Alternative A5 Alliance.

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17
Feb' 20
Lambeth Continues Successful Defence of Westminster Bridge Regeneration Scheme

Charles Merrett, Gregory Jones KC

Lord Justice Lewison has refused permission to appeal the decision of Mr CMG Ockleton, sitting as a Deputy High Court judge to refuse permission to proceed with judicial review of a purported decision of Lambeth Council relating to the Westminster Bridge Regeneration Scheme. The hearing in the high court lasted a day (refer to previous news item).

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17
Feb' 20
Permission Granted for Judicial Review of Cumbria County Council’s Approval of the Whitehaven Coalmine

Merrow Golden, Gregory Jones KC

Mrs Justice Lang DBE has granted permission to Marianne Bennett (a member of the campaign group Keep Cumbrian Coal in the Hole), for judicial review proceedings against Cumbria County Council’s decision on 31 October 2019 to ratify its previous resolution to grant planning permission (on 19 March 2019) for the development of a new underground metallurgical coal mine in Whitehaven, Cumbria. This would be the first deep coal mine to be built in the UK for 30 years.

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14
Feb' 20
“Football is Football” - Relegation Not Ground For Re-valuing a Football Stadium

In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.

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12
Feb' 20
Archway Methodist Central Hall Saved From Redevelopment

Inspector John Dowsett has dismissed a developer’s appeal against LB of Islington’s refusal of planning permission for the demolition of the 1930’s Archway Methodist Central Hall, the last central hall to be built in London, and its redevelopment as offices. The building was originally financed by the movie mogul J Arthur Rank as part of a complex of sacred and secular buildings

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03
Feb' 20
Permission Granted for Judicial Review by ClientEarth of the Drax Power (Generating Stations) Order 2019

Gregory Jones KC, Merrow Golden, Andrew Tait KC, Mark Westmoreland Smith KC, Ned Westaway

The Drax Power (Generating Stations) Order 2019 granted development consent for the construction and operation of two gas-fired generating units at the site of the existing Drax Power Station near Selby in North Yorkshire.  In making the order, the Secretary of State did not accept the examining authority’s recommendation to refuse consent.

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31
Jan' 20
High Court Rules Prior-Approval Time Limits CAN be Extended by Agreement

Charles Streeten

The High Court has today handed down judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWHC 161 Admin.

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30
Jan' 20
Court of Appeal Dismisses HS2 Compulsory Purchase Appeal

Richard Honey KC, Merrow Golden, Daisy Noble

The Court of Appeal (Lewison, McCombe and Dingemans LJJ) has handed down judgment in Anixter Ltd v Secretary of State for Transport [2020] EWCA Civ 43, dismissing the appeal against the decision of the Deputy President of the Upper Tribunal (Lands Chamber), Martin Rodger KC.

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17
Jan' 20
Planning Permission Granted on Appeal for Production of Hydrocarbons in Lincolnshire

Hereward Phillpot KC

Planning Inspector Phillip Ware has allowed an appeal by Egdon Resources UK Ltd against the refusal of North Lincolnshire Council to grant planning permission for the production of hydrocarbons from the Wressle 1 wellsite at Appleby in Lincolnshire (APP/Y2003/W/19/3221694). 

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14
Jan' 20
Inspector Dismisses Appeals for New Traveller Site in South Oxfordshire: Public Sector Equality Duty and Application of the ‘Tilted Balance’ Considered

Annabel Graham Paul

Following an 8 day inquiry, an Inspector has dismissed two related appeals for a new 12 pitch traveller site between the M40 and A40 near Tetsworth in South Oxfordshire. The Inspector found that the development would conflict with development plan policies on landscape grounds and the noise for future occupiers of the site caused by the nearby roads would be unacceptable.

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19
Dec' 19
Oxford City Council Local Plan Examination Hearings

Douglas Edwards KC, George Mackenzie

Following three weeks of examination hearings, the Inspectors examining the Oxford City Council Local Plan have expressed that their preliminary view that the Local Plan is legally compliant and that, subject to the modifications proposed by the Council (which are to be consulted upon),  the Plan would be likely to meet the test of soundness. In particular the Inspectors expressed a preliminary view that

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19
Dec' 19
Appeal Allowed for 294 Bed Hotel in Central London

Douglas Edwards KC

An Inspector has allowed an appeal made by Whitbread PLC for a new 294 bed hotel, to be operated as a Premier Inn Hub, on a site at the junction of Marylebone Road and Old Marylebone Road, in Westminster. The appeal arose from a decision by Westminster City Council to refuse planning permission, following a Mayoral direction, by reference to concerns as to delivery and servicing arrangements.

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19
Dec' 19
Challenge to East Herts District Council’s Decision on Grounds of Consistency Rejected

Saira Kabir Sheikh KC

The High Court has handed down its judgment dismissing a claim brought by an objector against the decision of East Hertfordshire District Council for the grant of planning permission on its own land for a mixed use development including 546-space car park, office and residential development in the Bishop Stortford Conservation Area

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18
Dec' 19
Court of Appeal Hands Down Judgment Dismissing Telephone Kiosk Appeal

Saira Kabir Sheikh KC

The Court of Appeal has today handed down judgement dismissing New World Payphones appeal against the decision of Ouseley J which upheld Westminster City Council’s challenge to the unlawful use of permitted development rights for advertisement purposes which had been granted for the purpose of the provision of public call boxes.

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12
Dec' 19
Outline Planning Permission for 100 Dwellings Refused on Habitats Grounds

Conor Fegan

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).

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11
Dec' 19
Important Supreme Court Decision Concerning Land Held by Public Authorities

Ned Westaway, Daisy Noble, Douglas Edwards KC

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.

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10
Dec' 19
The Court of Appeal Has Held That There is No General Legal Principle That Licensing Schemes Are Intended to be Self-Financing

Charles Streeten, Gerald Gouriet KC, Leo Charalambides

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.

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09
Dec' 19
Inspector Grants Permission on Appeal for ‘Central Plank’ of Maldon Development Plan

Andrew Tait KC, Charles Forrest

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”.

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06
Dec' 19
Judicial Review Guide Launched by the Lord Chief Justice of Northern Ireland

Conor Fegan, Richard Honey KC

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.

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05
Dec' 19
High Court Considers Green Belt Release for Housing - and Dutch Nitrogen Issue

Richard Honey KC

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. 

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01
Dec' 19
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.

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28
Nov' 19
High Court Makes Order for Full Disclosure and Cross-Examination in Kensington Forum Hotel Judicial Review

Charles Streeten

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).

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27
Nov' 19
Saira Kabir Sheikh KC and Ned Westaway Nominated for Legal 500 Bar Awards 2020

Saira Kabir Sheikh KC, Ned Westaway

FTB is delighted to receive three nominations for the Legal 500 Bar Awards 2020.

Saira Kabir Sheikh KC has been nominated as Real Estate, Environment and Planning Silk of the Year and Ned Westaway has been nominated as Real Estate, Environment and Planning Junior of the Year.

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25
Nov' 19
Appeal Allowed for Conversion of Blocks of Studio Units to Market and Affordable Flats

Douglas Edwards KC

An Inspector has allowed an appeal made by Family Mosaic (now part of Peabody) for conversion of two large blocks of studio apartments off Nevern Square, in Kensington, which had for many decades been made available, on affordable terms, to provide a series of new self-contained one and two bedroom flats.

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22
Nov' 19
LB Camden Refuses Alcohol Licence for Immersive Zombie Theatre in Bloomsbury, London

Gerald Gouriet KC

At a hearing on Thursday 21 November, the London Borough of Camden’s Licensing Committee refused permission for an alcohol licence for immersive zombie theatre, Variant 31 in Bloomsbury, London.

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22
Nov' 19
Sufficient Public Utility - Rare Case Under s. 37 Highways Act 1980

Caroline Daly

In a decision that will be of interest to highway authorities, a District Judge has found that two roads with no through route on the Halliwick Park Estate in Friern Barnet are not of “sufficient utility to the public” to justify them becoming maintainable at public expense under s. 37(2) of the Highways Act 1980, following a hearing at Willesden Magistrates’ Court. 

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19
Nov' 19
High Court Dismisses Adopted Policies Map Challenge

Craig Howell Williams KC, Caroline Daly

The High Court has dismissed a challenge brought by Douglas Bond against the Vale of White Horse District Council’s decision to correct an error in its Adopted Policies Map (Douglas Bond v Vale of White Horse District Council [2019] EWHC 3080 (Admin)).

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15
Nov' 19
What is a “Dwelling”? New High Court ruling on Council Tax

Mr Justice Andrew Baker handed down judgment in Corkish v Berg offering welcome clarity on the construction of a “dwelling” under section 3 of the Local Government Finance Act 1992 and the proper approach to the “splitting” of a single dwelling into multiple dwellings.

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11
Nov' 19
Controversial Petrol Filling Station Approved on Appeal

Craig Howell Williams KC

Following a two day hearing and consideration of extensive expert evidence, Inspector Roger Catchpole allowed an appeal and granted planning permission for the erection of a petrol filling station with sales building, canopy, car parking, 3 no. fuel pumps and ancillary facilities at 5 Welham Road, Norton, North Yorkshire YO17 9DP.

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08
Nov' 19
High Court Dismisses Central Gurdwara Equalities Challenge: Anand v RBKC [2019] EWHC 2964 (Admin):

Charles Streeten

The High Court has dismissed a challenge by the trustees of the Central Gurdwara (British Isles) London Khalsa Jatha to the Royal Borough of Kensington and Chelsea’s decision to impose additional parking restrictions in an area which includes the Central Gurdwara (Anand v RBKC [2019] EWHC 2964 (Admin)).

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06
Nov' 19
High Court Quashes Planning Permission for Co-op Group Retail Development

Conor Fegan, Saira Kabir Sheikh KC

Timothy Mould KC (sitting as a Deputy High Court Judge) has handed down judgment this morning in R (Patel) v Dacorum Borough Council [2019] EWHC 1234 (Admin), quashing a grant of planning permission which authorised (amongst other things) the change of use of an existing health centre to a convenience store.

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05
Nov' 19
Successful CAAD Appeal

Merrow Golden

The Upper Tribunal Lands Chamber (Martin Rodger KC, Deputy Chamber President, and Mr Peter McCrae FRICS) has allowed an appeal against a certificate of appropriate alternative development: Pro Investments Ltd v Hounslow LBC ACQ/24/2018; [2019] UKUT 319 (LC).

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04
Nov' 19
Victory in Member Overturn Appeal for LB Hammersmith and Fulham

Meyric Lewis KC

Caerus (Sotheron Place) Limited’s appeal against the refusal of planning permission by LB Hammersmith and Fulham has been dismissed following a public inquiry.

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29
Oct' 19
Islington Succeeds in Important High Court Challenge to Secretary of State’s Approach to Immunity from Enforcement Action

Charles Streeten

The London Borough of Islington has overturned a planning Inspector’s finding that development was immune from enforcement action in the High Court.

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28
Oct' 19
Prior Approval Fall Back Wins the Day

Gregory Jones KC

An inspector allowed an appeal granting planning permission for the change of use of an existing building in southeast London from storage (class B8) to residential (class C3) to provide 2 x three bed, 6 x one bed, and 1 x studio residential units together with the construction of a mansard roof extension to create a second floor, a 2 storey extension to the side and installation of replacement windows and doors

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28
Oct' 19
Panel Report Into the New London Plan

Douglas Edwards KC

The report of the Panel of Inspectors appointed to examine the soundness of the proposed new London Plan has been published by the Mayor of London. One of the most significant of the conclusions of the Panel was to find unsound the Plan’s reliance on small sites and the introduction of a presumption in favour of development of such sites.

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24
Oct' 19
Chambers Congratulates Rebecca Clutten on Her Appointment as Chair of the Compulsory Purchase Assocation

Rebecca Clutten, Meyric Lewis KC, Richard Honey KC

Chambers is pleased to announce that, following a successful year as Vice Chair, Rebecca Clutten has recently assumed the Chairmanship of the Compulsory Purchase Association for the year 2019/2020. 

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18
Oct' 19
Annabel Graham Paul Successfully Prosecutes Property Developer for Felling Giant Redwood

Annabel Graham Paul

In a very widely publicised decision, Annabel Graham Paul has successfully prosecuted a property developer and his tree surgeon for felling a giant redwood and 72 other trees in Swansea in breach of Tree Preservation Orders.

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18
Oct' 19
High Court Refuses Permission for Challenge to Inspector’s Treatment of 5 Year Housing Land Supply Issues

Alexander Booth KC, Richard Honey KC, Daisy Noble, Saira Kabir Sheikh KC

Mrs Justice Lang has refused permission for statutory review of the decision of an Inspector, refusing two planning applications for residential development of up to 220 dwellings in Central Bedfordshire.  The case raised issues concerning the application of the tilted balance and the Standard Method for the calculation of housing requirement within the National Planning Policy Framework (NPPF).

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16
Oct' 19
Development Consent Granted for Northampton Gateway Strategic Railfreight Interchange

Alexander Booth KC, Hereward Phillpot KC, Mark Westmoreland Smith KC, Michael Fry

In a decision letter dated 9 October 2019 the Secretary of State determined to grant development consent for a strategic railfreight interchange, on land lying to the west of Northampton.

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14
Oct' 19
Coventry Station Compulsory Purchase Order Confirmed

Hereward Phillpot KC

In a decision letter dated 11 October 2019, ‘The Council of the City of Coventry (Coventry Station Warwick Road Car Park and Adjacent Land City Centre) Compulsory Purchase Order 2019’ (“the CPO”) has been confirmed without modifications.

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11
Oct' 19
Wards Corner / Seven Sisters Market CPO Challenge Dismissed

Richard Honey KC

In a judgment given on 10 October 2019, Mr Justice Jay dismissed the challenge to the London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order (CPO) which had been made in the case of Burgos & Amayo v Secretary of State for Housing, Communities and Local Government & Haringey LBC. 

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08
Oct' 19
Apparent Bias in Planning Inquiries

Hereward Phillpot KC

The case concerned an application under s.288 TCPA 1990, challenging a decision of the Secretary of State to dismiss an appeal against refusal of planning permission for up to 1200 dwellings.  Although the application succeeded on grounds relating to the Secretary of State’s approach to the issue of deliverability, the main point of general interest and wider application lies in the unsuccessful attempt to argue that the Inspector’s conduct during the Inquiry and Site Visit gave rise to the appearance of bias (see pages 40-99 of the Judgment).

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03
Oct' 19
FTB Announces Two New Tenants Esther Drabkin-Reiter and Conor Fegan

Conor Fegan, Esther Drabkin-Reiter

FTB is delighted to announce that Esther Drabkin-Reiter and Conor Fegan have accepted invitations to join Chambers. Esther and Conor each completed a 12 month pupillage with us and join as tenants today, Tuesday 1 October 2019.

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26
Sep' 19
Enforcement Notice Quashed and Temporary Planning Permission Granted for Deliveroo Editions Site in Swiss Cottage

Simon Bird KC, Morag Ellis KC, Esther Drabkin-Reiter

Following a three day planning inquiry, an Inspector has allowed an appeal under section 174(2)(a) of the Town and Country Planning Act 1990 by Roofoods Ltd (trading as Deliveroo) against an Enforcement Notice alleging a material change of use of the property to use as commercial kitchens and delivery centre (sui generis) and installation of external plant to facilitate the use and has granted planning permission for a period of 12 months.

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24
Sep' 19
Award Winning Night Club Loses Licence

James Rankin

Opium Nightclub, the winner of Luxury Lifestyle Awards in the category of Best Luxury Nightclub in London 2019, has lost its licence.

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20
Sep' 19
Two Enforcement Notices Upheld Against Live/Work Units in Old Industrial Buildings

Alexander Greaves

A planning inspector has dismissed two enforcement appeals and one  s. 78 appeal which concerned the use of redundant industrial buildings for live/work units, and made an award of costs against the Appellant.

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20
Sep' 19
Planning Permission Refused for Strategic Waste Recycling and Recovery Facility in the Buckinghamshire Green Belt

Alexander Greaves

Following public inquiry earlier this year, an Inspector has dismissed a s. 78 appeal against the decision of Buckinghamshire County Council to refuse planning permission for a strategic waste facility comprising a materials recycling facility (100,000 tpa); anaerobic digestion facility (50,000 tpa); and a construction, demolition and excavation recycling facility (150,000 tpa) on a former mineral extraction and existing landfill site in the Buckinghamshire Green Belt.

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12
Sep' 19
East Hertfordshire Success in Little Hadham Committal Application

Meyric Lewis KC, Charles Merrett, Saira Kabir Sheikh KC

The High Court has allowed East Herts District Council’s committal application for breaches of an injunction requiring the cessation of use of a site outside the village of Little Hadham, Hertfordshire as an unauthorised residential encampment, see East Hertfordshire District Council v Docherty and Ors [2019] EWHC 2292.

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10
Sep' 19
The High Court Rejects Challenge to the Bromley Local Plan

Caroline Daly, Craig Howell Williams KC

Sir Duncan Ouseley has handed down judgment in the case of Dylon 2 Ltd v London Borough of Bromley [2019] EWHC 2366 (Admin), rejecting the Claimant’s s. 113 challenge brought against the adoption of the Bromley Local Plan (BLP).

The challenge was brought on three grounds. The point of particular interest in the case relates to the Court’s findings as to the duty to give reasons on the part of a Local Plan Inspector as compared to a s. 78 appeal Inspector. Under the third ground, the Claimant argued that the Inspector had failed to comply with her duty to give reasons because she failed to deal expressly with a s. 78 appeal decision submitted to her after the hearings were closed, and which was said to be inconsistent with her conclusions regarding five-year housing land supply matters.

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10
Sep' 19
Inspector Recommends Adoption of Bordesley Park Area Action Plan

Saira Kabir Sheikh KC

Following an examination hearing on 30 May 2019 an Inspector appointed by the Secretary of State has recommended adoption of the Bordesley Park Area Action Plan.

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10
Sep' 19
Lambeth Successfully Defend Two Applications for Permission for Judicial Review

Gregory Jones KC, Charles Merrett

Deputy Judge Ockelton has refused two applications for permission to judicially review decisions taken by Lambeth Council as part of the Westminster Bridge Road Regeneration Project.

The Westminster Bridge Road Regeneration Project is a large multimillion pound regenerative scheme of works designed to improve highways safety and use in central London. Consultation on this scheme started over 5 years ago. As part of the scheme of works, Lambeth had decided in September 2018 to install a crossing outside of Lambeth North tube station. The location of this crossing was directly in line with an access point, which does not benefit from planning permission, used by the Claimant.

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06
Sep' 19
Douglas Edwards KC Appointed as a Recorder

Douglas Edwards KC

We are please to announce that Douglas Edwards KC has today been appointed as a Recorder. The appointment has been made by HM the Queen on the recommendation of the Lord Chancellor and of the Lord Chief Justice.

Douglas has been assigned to the South Eastern Circuit and will be sitting in the Crown Court.

The role of a recorder is not a full time judicial appointment but requires several weeks of judicial sitting each year. Douglas remains in full time practice at FTB.

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05
Sep' 19
Jeremy Phillips KC Appointed to LTA Disciplinary Panel

Jeremy Phillips KC

Chambers is pleased to announce that Jeremy Phillips KC has been appointed to the Disciplinary Panel of the Lawn Tennis Association.

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02
Sep' 19
Important New Case on Demolition of Buildings in Conservation Areas

Saira Kabir Sheikh KC, Ned Westaway, John Jolliffe

Mr Justice Kerr has handed down judgment in Tower Hamlets v SSHCLG [2019] EWHC 2219 (see judgment here), a case that concerned the unlawful demolition of three unlisted dwellings in the Coldharbour Conservation Area on the Isle of Dogs.  Notwithstanding the poor condition of the buildings prior to the demolition, the local planning authority decided to issue planning enforcement notices requiring their facsimile reconstruction.  On appeal, the Interested Party, Angelic Interiors Limited (in administration) – which was not responsible for the demolition – successfully argued before a planning inspector appointed by the Defendant (“the Inspector”) that retrospective planning permission should be granted for demolition.

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02
Sep' 19
Sir John Drinkwater KC

We are sad to announce the death of our former member of Chambers, Sir John Drinkwater KC, who has died at the age of 94.

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16
Aug' 19
Housebuilder and Tree Surgeon Convicted of Felling a Prominent Redwood and Ancient Woodland

Annabel Graham Paul

Following a two day trial in Swansea, housebuilder Enzo’s Homes Ltd., their director Fiorenzo Sauro and tree surgeon Arwyn Morgan have been convicted of felling a prominent redwood and a substantial area of Ancient Woodland protected by TPO at Penllergaer Woods

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07
Aug' 19
Major Office Redevelopment of Historic Wharf Inquiry

Following a public inquiry, an Inspector has dismissed a s.78 appeal against the decision of the London Borough of Islington to refuse permission for a major office redevelopment scheme of some 11,000 sqm at Regent’s Wharf, Kings Cross on heritage and amenity grounds.

 

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06
Aug' 19
Tribunal Decision on Hinkley Point C Compensation Claim

Richard Honey KC

The Upper Tribunal Lands Chamber (Judge Elizabeth Cooke and Mr Peter McCrea FRICS) has issued its preliminary issue decision on the permissibility of four heads of claim, totalling some £2.6 million, in the case of 599 Developments Ltd v NNB Generation Co (HPC) Ltd [2019] UKUT 235 (LC). 

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02
Aug' 19
High Court Considers When Policies Can Be Out of Date for NPPF Para 11(D)

Richard Honey KC

Mr Justice Dove has handed down judgment in the case of Peel Investments North Ltd v SSHCLG & Salford CC [2019] EWHC 2143 (Admin).  The judgment deals with the circumstances in which development plan policies could be out-of-date for the purpose of triggering the tilted balance in paragraph 11(d) of the NPPF, and the right approach to considering whether there is a five year housing land supply for the purposes of paragraph 73 of the NPPF.

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24
Jul' 19
People Over Wind Confirmed by the High Court

Richard Honey KC

Mr Justice Dove has handed down judgment in the case of Gladman v SSHCLG & Medway Council [2019] EWHC 2001 (Admin).  The case concerned an appeal seeking planning permission for a development of 225 houses near Cliffe Woods in Kent.  The appeal was decided by the Secretary of State after the CJEU decision in People Over Wind and whilst the October 2018 ‘Technical consultation on updates to national planning policy and guidance’ was underway.  The technical consultation dealt with, amongst other matters, the effect of People Over Wind on the provisions of the National Planning Policy Framework (NPPF) and the calculation of local housing need using the 2016 household projection figures. 

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22
Jul' 19
Planning Permission for up to 30 Homes near Bedford Refused on Appeal

Daisy Noble

Planning permission has been refused for up to 30 dwellings on the edge of the village of Cople near Bedford, despite the Council having no five year housing land supply.

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22
Jul' 19
Southwark Grants 3am Premises Licence for New Live Music Venue as an Exception to Cumulative Impact Policy

Gary Grant

The Peckham Cultural Quarter in South London is emerging as an important hub for music, media, cinema, restaurants and small arts-based businesses.

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19
Jul' 19
High Court Quashes Planning Permission in Brent Mosque Case

Charles Streeten, Saira Kabir Sheikh KC

Lang J has handed down judgment in Ikram v Secretary of State for Housing Communities and Local Government [2019] EWHC (Admin).

The Claimant, Mr Ikram, lived at 854 Harrow Road. Adjacent to 852 and 856-858 Harrow Road. 856-858 Harrow Road were constructed as two semi-detached dwelling houses and were in residential use for many years.  In 2007 use of 856-858 Harrow Road was regularised for use as a place of worship and community centre by subsequent grants of retrospective planning permission.

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17
Jul' 19
Compensation Award for Extinguishment of Waste Transfer Business for Thameslink 2000

Alexander Booth KC, Rebecca Clutten, Daisy Noble

Welcocks Skip Hire Ltd v Network Rail [2019] UKUT 0162

In a decision dated 17 July 2019 the Upper Tribunal (Lands Chamber) has awarded compensation in excess of £8,000,000 to a claimant company whose waste transfer business was extinguished by Network Rail’s Thameslink 2000 Scheme

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12
Jul' 19
Local Housing Need – National Policy Regarding ‘Standard Method’ Dis-applied in Central Bedfordshire

Alexander Booth KC

The Planning Inspectorate has recently issued two decision-letters regarding Section 78 Appeals in Central Bedfordshire.

The two appeals, both of which related to schemes for residential development, were dismissed – see Ref: APP/P0240/W/18/3206495: Land west of New Road, Clifton SG17 5JH, decision dated 25 June 2019, and Ref: APP/P0240/W/18/3218992: Land at Clophill Road, Maulden, Bedford, MK45 2AA, decision dated 10 July 2019.

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11
Jul' 19
Oxford to Cambridge Expressway Judicial Review Judgment

Ned Westaway, Merrow Golden, Andrew Tait KC, Richard Honey KC

Mrs Justice Lang DBE has handed down judgment this morning in R (Berks, Bucks & Oxon Wildlife Trust) v Secretary of State for Transport and Another [2019] EWHC 1786 (Admin), dismissing a challenge brought by Berks, Bucks and Oxon Wildlife Trust against a decision made by the Secretary of State for Transport to approve recommendations from Highways England relating to a preferred corridor area for the proposed new Oxford to Cambridge Expressway.

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11
Jul' 19
High Court Rejects Claim Over Alpaca Bovine Tuberculosis Tests

Ned Westaway

Mr Justice Murray has rejected a judicial review claim seeking to require the re-testing of a stud male alpaca following earlier tests showing positive results for bovine tuberculosis (bTB) (R (MacDonald) v SSEFRA [2019] EWHC 1783 (Admin)).  The judgment discusses in detail the legal background and testing regimes that apply to bTB in South American camelids.  One particular issue was the use of “priming” by injection of tuberculin via a skin test prior to serological (blood) testing. 

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05
Jul' 19
Star Directors Back New Premises Licence for Independent Cinema in Camden’s Cumulative Impact Policy Area

Gary Grant

The Garden Cinema, a new independent arts cinema and media hub in Seven Dials, Covent Garden London has been granted a premises licence enabling it to serve alcohol and show films as an exception to the London Borough of Camden’s strict Cumulative Impact Policy. 

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04
Jul' 19
Village Green ‘Five Year Delay’ Claim Withdrawn

Cain Ormondroyd

An application to register land known as 'Freeman's Wood' in Lancaster as a town or village green can go ahead after a judicial review brought by a potential developer (R (Satnam Investments Ltd) v Lancashire County Council) was withdrawn.

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27
Jun' 19
Private Stables Not Liable to Business Rates: Corkish (VO) v Bigwood [2019] UKUT 191 (LC)

Cain Ormondroyd

The Lands Chamber of the Upper Tribunal has found that an extensive equestrian complex at the home of Olympian Fiona Bigwood is 'domestic' and therefore not liable to business rates.

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19
Jun' 19
Meyric Lewis Appears for CPA at the IRWA International Education Conference 2019 in Portland Oregon

Meyric Lewis KC

Meyric Lewis was delighted to appear again on behalf of the CPA at the IRWA International Education Conference 2019, this year in Portland, Oregon, in company with CPA Chair Jon Stott of Gateley Hamer and former CPA Chair Richard Asher of Savills.

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18
Jun' 19
Airport to be Deregistered as Common Land

Douglas Edwards KC, George Mackenzie, Philip Petchey

Blackbushe Airport was registered common land. This unusual state of affairs was because, after requisitioning during the Second World War, the land continued in use as a civil airfield and, upon derequisitioning in 1960, was not returned to use as a common. 

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14
Jun' 19
New Judgment on NPPF Para 11(D) and Outdated Policies

Richard Honey KC

Mr Justice Dove has handed down judgment in the case of Wavendon Properties v SSHCLG & Milton Keynes Council [2019] EWHC 1524 (Admin) dealing with a number of alleged misinterpretations of the provisions of the new National Planning Policy Framework. 

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10
Jun' 19
Southbeats Festival Granted New Licence

James Rankin

At a packed hearing in front of Tonbridge and Malling Borough Council’s Licensing Sub-Committee, SBE Ltd we’re granted a licence for The Southbeats Festival 2019.

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07
Jun' 19
Eastern Counties Leather Site - Success Confirmed With Full Award of Costs

Meyric Lewis KC

The Inspector's decision on part of the historically contaminated former Eastern Counties Leather site (see earlier news item) has confirmed the grant of permission and granted the appellant a full award of costs.

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07
Jun' 19
4 FTB Barristers Acting in Riverside Energy Park DCO Hearings

Alexander Booth KC, Andrew Tait KC, Michael Fry, Caroline Daly

The DCO issue specific hearings for the Riverside Energy Park have started in Bexley. The project is an integrated energy park (comprising waste energy recovery, waste anaerobic digestion, battery storage and solar generation) and an electrical connection to be built next to the applicant’s existing facility, the Riverside Resource Recovery Facility.

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04
Jun' 19
Stubbington Bypass CPO Confirmed by Secretary of State

Hugh Flanagan

The Secretary of State for Transport has confirmed the Stubbington Bypass Compulsory Purchase Order and Side Roads Order. 

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29
May' 19
Success on a Judicial Review Claim Issued 1 Year Out-of-Time

Horatio Waller

In Wardlaw v Milton Keynes Council & GUPI 6 Ltd (CO/669/2019), the Claimant, Mrs Wardlaw, sought permission one year out-of-time for judicial review (JR) of the decision of Milton Keynes Council to permit the demolition of a distribution warehouse and its replacement with a much larger warehouse.

By mistake, the Council omitted thirteen conditions from the notice granting planning permission which its Development Control Committee (DCC) had decided should be included to protect the amenity of nearby residential occupiers.

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23
May' 19
High Court Explains How People Over Wind Applies in UK in Two Leading Cases with FTB Barristers

Robert McCracken KC, Horatio Waller, James Pereira KC, Isabella Tafur

The two joined cases, Crondall Parish Council v Secretary of State and Others (CO/3900/2018) and Canterbury City Council v Secretary of State (CO/3625/2018) are important for four reasons. First Crondall Parish Council was granted Aarhus costs protection by John Howell KC sitting as a deputy High Court Judge in a carefully reasoned judgement. Second Mr Justice Dove applied the approach of the European Court of Justice set out in Case C-323/17 People Over Wind rather than that of the Court of Appeal in Smyth (endorsing the Hart approach), to the relevance of mitigation to screening decisions about appropriate assessment (AA) in relation to Habitats and Birds Directive special protection sites. Third the same principle may well apply to screening decisions about EIA. Fourth the judge emphasised that the exercise of Champion discretion not to quash for justiciable errors did not permit courts to make their own planning judgements or strike new planning balances.

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22
May' 19
Planning Permission for 370 Home Urban Extension in South Gloucestershire Refused on Appeal

Hereward Phillpot KC, Charles Streeten, Suzanne Ornsby KC, Alexander Greaves

Planning permission has been refused for a residential development of up to 370 dwellings on the edge of Thornbury in South Gloucestershire.

The inquiry raised a number of interesting points including the approach to prematurity, locational sustainability, harm to designated and non-designated heritage assets, and the approach to take to the tilted balance in circumstances where South Gloucestershire Council was updating its plan and therefore relying on local housing need.

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17
May' 19
Court of Appeal Gives First Ever Ruling on Village Green Trigger Events

Gregory Jones KC, Philip Petchey

The Court of Appeal has given useful guidance as to what constitutes a trigger event for the purposes of the Commons Act 2006. It rejected the narrow approach of the registration authority which had argued that “potential” in “identified for potential development” did no more than reflect the fact that a development plan could not compel the development of a particular piece of land. The Court did however recognise that prima facie identification of land for potential development could be contradicted by countervailing policies elsewhere in the plan.

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15
May' 19
Eastern Counties Leather Revisited

Meyric Lewis KC

The appeal has just been heard relating to a redevelopment proposal at Pampisford Industrial Estate on a part of the historically contaminated site formerly owned by Eastern Counties Leather, the defendants in the nuisance proceedings brought by Cambridge Water which went all the way to the House of Lords in the 1990s, Cambridge Water Ltd v. Eastern Counties Leather plc [1994] 2 AC 264.

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09
May' 19
Controversial Tunbridge Wells CPO Inquiry Decision

Craig Howell Williams KC

Following a three week public inquiry, the Calverley Square Compulsory Purchase Order has been confirmed without amendment.

The CPO was made under section 226(1)(a) of the Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 by Tunbridge Wells Borough Council.

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