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The Secretary of State has consented to judgment in a challenge to her inspector's decision on objections made to harbour dues pursuant to section 31 of the Harbours Act 1964. The case concerned dues for the use of two commercial wharfs at Langstone Harbour. One of the issues raised in the successful challenge was the question of whether the Secretary of State in considering objections under the...
Star Energy has recently been granted permission to appeal Peter Smith J's decision in the case of Bocardo SA v. Star Energy Onshore UK Ltd. [2008] EWHC (ch) 1756. The case affects the assessment of compensation for rights to get oil under the Mines (Working Facilities & Support) Act 1966 and Petroleum (Production) Act 1934. In the earlier case of BP v. Ryder [1987] 2 EGLR 233, the High Court...
Sevenoaks District Council v. George Arthur Harber [2008] EWHC 708 (Admin) The Divisional Court has allowed a challenge to the decision of the magistrates court in respect of the ambit of section 179 (3) of the Town and Country Planning Act 1990. Keene LJ and Treacy J held that the magistrates had had regard to irrelevant considerations when wrongly acquitting the defendant. The enforcement...
Brent London Borough Council v. Secretary of State for Communities and Local Government and Ashia Centur Limited [2008] EWHC 1991 (Admin) Ashia Centur, the interested party, made an application under the Civil Procedure Rules to strike out a Statutory Challenge brought by Brent Council against the decision of an inspector appointed by the Secretary of State to grant a Certificate of Lawful...
Michael Humphries QC, property development law barrister at Francis Taylor Building
Michael Humphries QC and Hereward Phillpot of Francis Taylor Building have acted on behalf of BAA Stansted in its successful application to lift the cap on passenger numbers at Stansted Airport. On 9 October the Government granted planning permission for BAA Stansted to increase the number of passengers that can travel through the airport from 25 to 35 million passengers each year. Transport...
Professor Pavlos Eleftheriadis, planning and environmental law barrister at Francis Taylor Building
The enactment of the Human Rights Act 1998 has opened up new challenges for British public law. The courts have responded with a careful analysis of the Act and the Strasbourg case law, but questions about the nature and scope of these rights remain. Considering that such questions are both legal and philosophical in nature, legal academic and practising barrister Pavlos Eleftheriadis offers in...
Cain Ormondroyd, public and environmental law barrister at Francis Taylor Building
Francis Taylor Building is delighted to announce that Cain Ormondroyd and Thomas Cross have accepted invitations to join Chambers. They join us on 1st October 2008, after successfully completing a 12 month pupillage with us. Both Cain and Thomas have built up planning, environmental, licensing and local government practices and we are confident that they will fit in well with our Chambers ethos...
Douglas Edwards QC, planning and environmental law barrister at Francis Taylor Building
An Inspector's report has recently been published which addresses whether land acquired by a local authority as "amenity land" under the Housing Acts may, in principle, be capable of registration as a town/village green. A developer (who was proposing to acquire the land from a local authority) submitted that land acquired and held as "amenity land" carried with it an entitlement for local...
Robin Purchas QC, planning and environmental law barrister at Francis Taylor Building
The two major planning applications for the 2012 Olympics went before the planning committee on the evening of 14th August 2007 and were approved subject to reference to the Mayor and DCLG and finalisation of the s.106 obligation and other details. The applications were made in January 2007 and have been subject to detailed negotiations with the planning authority and numerous interested parties...
Jeremy Pike, planning and environmental law barrister at Francis Taylor Building
Following a two-week public inquiry, an Inspector appointed by the Secretary of State has upheld an appeal by West Coast Energy against the decision of Derbyshire Dales District Council to refuse planning permission for a wind farm at Carsington, near Matlock. The proposed wind farm, which comprises four turbines of 125m to blade tip, will be sited 2km from the boundary of the Peak District...

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