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Sarah Sackman
Permission to bring judicial review proceedings against the decision of Karen L Baker DipTP MA DipMP MRTPI, the Inspector appointed by the Secretary of State to examine the Sevenoaks District Local Plan has been granted on all grounds by the High Court.  Sevenoaks District Council has challenged the inspector’s decision that it failed to comply with the duty to cooperate in preparing the draft...
Andrew Tait QC
Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)). The claim was heard on 28-30 April 2020 using Microsoft Teams. In making the DCO, the...
Melissa
A consent order in the Westferry Printworks case means that there will be a redetermination of the 1,500 housing unit appeal proposal for the former Daily Telegraph/Daily Express printworks site. Both Tower Hamlets and the Mayor/Greater London Authority had challenged the Secretary of State’s decision to grant planning permission, contrary to the recommendation of the inspector, who had held a 3...
Charles Holland
In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my...
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...

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