Skip to main content

T: 020 7353 8415

News

Merrow Golden
Kent County Council has successfully prosecuted a large-scale developer for unlawfully obstructing, and disturbing the surface of, a restricted byway running through its development site. The developer had, inter alia, built buildings over the route of the highway, blocking its use for users of the rights of way network. The defendant organisation pleaded guilty to a breach of section 137 (wilful...
Horatio Waller
The ancient documents by which the inclosure process was undertaken continue to give rise to fresh debate, as is demonstrated from the judgment handed down today by Mrs Justice Lieven DBE in Craggs v SoS and Others [2020] EWHC 3346 (Admin).    The Claimant, Mrs Craggs, made an application to the local highway authority for a definitive map modification order. One of her arguments was that the...
Lord Kerr of Tonaghmore
It is with enormous sadness that we have learnt of the death of Lord Kerr of Tonaghmore on 1 December 2020. Lord Kerr had a most distinguished career as a judge, becoming a High Court judge in Northern Ireland at the age of 44 and subsequently serving for five years as the Lord Chief Justice of Northern Ireland. In 2009 he was appointed to the House of Lords as the last Lord of Appeal in Ordinary...
Isabella Tafur
The Court of Appeal has today handed down judgment in R(on the application of Wingfield) v Canterbury City Council [2020] EWHC 1975 (Admin). The case concerned two applications to re-open the refusal of permission to appeal pursuant to CPR 52.30 in two separate cases relating to the grant of planning permission for housing development in Canterbury. The Claimant had challenged those decisions by...
We are delighted to announce that the annual FTB Kingsland Cup and Prize Moot competition is now open to teams of undergraduate, GDL, LPC and BPTC students. With moots covering European, environmental and public law, the competition will take place over three rounds. The first round sees entrants judged on their skeleton arguments, with the top-scoring teams appearing at the semi-final in London...
Merrow Golden
This DMMO application concerned a historical public footpath in Middle Rasen, Lincolnshire.  The underlying section 53 application was made back on 5 August 1987.  Whilst the order-making authority determined to make the order on 2 September 1988, the order was not, in fact, made until almost 30 years later, on 12 June 2017.  The order-making authority also chose not to support the order’s...
George Mackenzie
The High Court has dismissed a s.288 application in respect of an Inspector’s decision to dismiss a s.195 appeal against an LPA’s non-determination of an application for a CLOPUD which sought the certification of the lawfulness of the use of land as “touring caravan site for the siting of touring caravans including as a person’s sole or main place of residence.”   The land in question benefitted...
Douglas Edwards QC
A Planning Inspector has closed the public inquiry into the called-in application for a national memorial to the Holocaust, and an associated underground learning centre proposed to be located at Victoria Tower Gardens, next to the Houses of Parliament in Westminster. The inquiry was held on a virtual platform and was the longest and most complex inquiry that PINS has hosted remotely. The inquiry...
Charles Merrett
The High Court has granted permission to judicially review the decision of Mid Suffolk District Council to grant outline planning permission for the erection of up to 300 dwellings and associated development in Woolpit. The grounds of challenge relate to policies being ‘out-of-date’ and the approach to emerging plans.  The adopted development plan documents for Mid Suffolk are comprised of the...
George Mackenzie
The Lands Tribunal has held that it does have the power to strike out proceedings for abuse of process pursuant to rule 8(3)(c) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (“the 2010 Rules”).  Rule 8(3)(c) provides that “The Tribunal may strike out the whole or a part of the proceedings if…the Tribunal considers there is no reasonable prospect of the case of the...

Pages