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Alexander Booth QC
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...
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.    Buzz claimed that the so-...
Douglas Edwards QC
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. The issue arose in the context of an application under the Commons Act 2006 but the decision is of wider significance. The Court held that the guidance in Calderdale (1982) should be confined to listed building cases...
Sarah Sackman
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.    The claimant developer sought a declaration that it was entitled to Class O permitted development rights in respect of its...
Sarah Sackman
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). The section 78 appeal, brought by Gladman Developments Limited, was re-determined after the High Court quashed an earlier inspector’s dismissal of the appeal...
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.  Another party was in occupation of other parts of the premises.  In Atos IT Services Ltd v Fylde BC [2020] EWHC 647 (QB) the High Court ruled that this meant that neither party was in rateable occupation, and as such the ratepayer was entitled to a refund in principle...
Douglas Edwards QC
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. The scheme was promoted as an opportunity to provide a substantial amount - 112,000 sq.m. - of new floorspace for...
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...
Mark Westmoreland Smith
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...
Caroline Daly
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. The SGO, proposed to be located at land north of Bishopstoke and north and east of Fair Oak, sought the allocation of approximately 5300 homes and an associated link road in close proximity to the...

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