News
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.
Gladman argued that it was a misinterpretation of the tilted balance in...
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...
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.
It is rare for...
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. The case concerns the proper approach to costs that should be applied by the courts when refusing permission for public law challenges, in particular (i) should a second defendant and/or interested party...
Chambers is pleased to announce that Jeremy Phillips QC has been appointed to the Professional Conduct Panel of the Teaching Regulation Agency Panel.
Fitness and propriety has been a key element of Jeremy’s legal practice as a solicitor and, more recently, barrister over four decades and has formed a major element in many of his licensing cases. It was also central to his past role as a law firm...
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...
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...
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).
The Westminster Bridge Road Regeneration Project...
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...
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. The significance...