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Gregory Jones QC
Mrs Justice Lang DBE has granted permission to ClientEarth for judicial review proceedings against the Secretary of State for Business, Energy & Infrastructure Strategy’s decision on 4 October 2019 to make the Drax Power (Generating Stations) Order 2019.  The Drax Power (Generating Stations) Order 2019 granted development consent for the construction and operation of two gas-fired generating...
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. In a thorough judgment, which contains a careful and detailed analysis of the relevant statutory provisions, Holgate J accepts the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England)...
Richard Honey
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 QC. The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the...
Charles Streeten
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. The charge arose out of the Extinction Rebellion protest at Parliament Square in April 2019. Lady Berkeley's defence was that: 1. The prosecution had not proved she...
Hereward Phillpot QC
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).  The decision follows a three day public inquiry in November 2019. In rejecting objections to the proposed development on...
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. He recognised that the...
Annabel Graham Paul
Following a 3-day inquiry under the new Rosewell procedures, adopting a topic-based approach, an Inspector has dismissed an appeal for 73 Assisted Living units in Ascot on the basis that the proposal would have a significant, permanent, adverse effect on the character and appearance of the site and surrounding area. The Inspector gave detailed consideration to housing supply in the Bracknell...
Sarah Sackman
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. Two main grounds to the recent challenge were pursued. First,...
Douglas Edwards QC
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. The...
Douglas Edwards QC
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...

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