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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. In common with all pubs, The Pendulum was under a duty to close for consumption of food and drink on-site under the provisions of the Health Protection (Coronavirus,...
Douglas Edwards QC
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,...
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...
Meyric Lewis
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,...
Alexander Booth QC
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.  West Midlands Interchange (‘WMI’) will comprise a substantial facility, located close to Junction 12 of the M6 in South Staffordshire. The consented development includes an intermodal freight terminal, including container storage...
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. During the DCO examination, Isabella Tafur acted for an affected party, Northumbria Water Ltd (trading as East and Suffolk Water) – a statutory undertaker regulated by Ofwat supplying water services and a significant local...
Charles Streeten
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. Following discussions with LB Southwark, the proposal was amended, reducing the...
Mark Westmoreland Smith
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. The judgment is of some importance in that it lays down the proper interpretation of the words “subdivision of an...
Alexander Booth QC
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...
Alexander Booth QC
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.  Indeed, not only did the Inspector dismiss the appeal in his decision letter dated 16 March 2020, regarding proposed...

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