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Charles Streeten, planning barrister at Francis Taylor Building
A claim of judicial review of the Secretary of State's decision not to revoke the grant of planning permission for an open cast coal mine in County Durham has been allowed. Planning permission was granted for the mine in 2015. However, the developer, UK Coal Mining Ltd subsequently went into liquidation. However, shortly before the permission expired, the land was bought by HJ Banks and Co. The...
Ned Westaway, planning and environmental law barrister at Francis Taylor Building
The High Court has allowed two claims for judicial review brought by the Liverpool Open and Green Spaces Society (“LOGS”). The claims challenged two grants of planning permission for developments (one a housing scheme and the other to enable a miniature railway to be moved to provide land for the housing scheme) in Calderstones Park, Liverpool.  The claims were allowed on two grounds.  Firstly,...
Richard Honey, public and environmental law barrister at Francis Taylor Building
Judgment has been handed down in the case of Swale BC v SSHCLG & Maughan [2018] EWHC 3402 (Admin) by CMG Ockelton sitting as a Judge of the High Court.  The case concerned the policy in Planning Policy for Traveller Sites (PPTS) that local planning authorities should identify and update annually a supply of specific deliverable traveller sites sufficient to provide five years’ worth of sites...
Meyric Lewis, planning and judicial review barrister at Francis Taylor Building
The London Borough of Newham have succeeded in the High Court in a section 289 appeal challenging the Secretary of State’s decision on the construction of Class A.1(g) in the General Permitted Development Order 2015 relating to rear extensions to dwellings. In combination with article 3(1) of the GPDO, Class A of Part 1 grants planning permission for various proposals for “the enlargement,...
Sarah Sackman, public, planning and environmental law barrister at Francis Taylor Building
A Judicial Review has been launched challenging the Government’s plans to implement voter identification requirements in 10 local authority areas in the May 2019 local elections, with a view to rolling the scheme out nationally in future.  The pilots require voters in those areas to produce photographic and other forms of ID before they can be issued with a ballot. According to the Electoral...
Gregory Jones QC
On 14 January 2019, the Supreme Court (Lady Hale, Lord Reed and Lord Kerr) handed down judgment on a preliminary issue arising from the reference of five devolution-issue questions to the Supreme Court by the Attorney General for Northern Ireland ([2019] UKSC 1).  The Supreme Court unanimously held that the reference should be adjourned so that the issues can be considered in the High Court in...
Horatio Waller
John Howell QC has granted permission for a parish council to challenge a planning inspector’s decision to grant planning permission for a residential scheme at Broden Stables in Crondall and decided that the Aarhus costs capping provisions apply. The claim is focussed on two aspects of the Inspector’s decision. The first concerns the Inspector’s failure to require an appropriate assessment under...
Professor Pavlos Eleftheriadis, planning and environmental law barrister at Francis Taylor Building
A number of British citizens residing in the European Union, led by Sue Wilson, have brought a challenge to the legality of the EU Referendum of 2016. They are also challenging  the decision of the Prime Minister to ignore the findings of illegality by Vote Leave and Leave.EU by the Electoral Commission. The claim is based on the common law and on general constitutional principle. This is because...
Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building
Enforcement notices requiring the reconstruction of three 19th Century buildings unlawfully demolished in the Coldharbour Conservation Area have been quashed following an inquiry (appeal ref. APP/E5900/C/17/3184938).  While there was no planning application for replacement buildings, the inspector rejected the argument that no weight could be given to possible public benefits of replacement,...
Gregory Jones QC
On Monday 17 December 2018, the Supreme Court (Baroness Hale, Lord Kerr and Lord Reed) will hear argument on a preliminary question arising from the reference of five purported devolution-issue questions by the Attorney General for Northern Ireland. The reference arises from the ongoing political stalemate in Northern Ireland, which has now been without a functioning government since January 2017...

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