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Meyric Lewis, planning and judicial review barrister at Francis Taylor Building
The Inspector's decision on part of the historically contaminated former Eastern Counties Leather site (see earlier news item) has confirmed the grant of permission and granted the appellant a full award of costs. In her costs decision, the Inspector, Ms D J Board BSc (Hons) MA MRTPI, said this: "4. The Planning Practice Guidance (PPG) advises that costs may be awarded against a party who has...
Hugh Flanagan, public and planning law barrister at Francis Taylor Building
The Secretary of State for Transport has confirmed the Stubbington Bypass Compulsory Purchase Order and Side Roads Order. The Orders, made by Hampshire County Council, underpin a £34m bypass road scheme around the village of Stubbington on the Gosport Peninsula, which is intended to unlock the economic potential of the area by improving access and reducing congestion, and to alleviate noise and...
Horatio Waller
In Wardlaw v Milton Keynes Council & GUPI 6 Ltd (CO/669/2019), the Claimant, Mrs Wardlaw, sought permission one year out-of-time for judicial review (JR) of the decision of Milton Keynes Council to permit the demolition of a distribution warehouse and its replacement with a much larger warehouse. By mistake, the Council omitted thirteen conditions from the notice granting planning permission...
Robert McCracken QC, public, planning and environmental law barrister at Francis Taylor Building
The two joined cases, Crondall Parish Council v Secretary of State and Others (CO/3900/2018) and Canterbury City Council v Secretary of State (CO/3625/2018) are important for four reasons. First Crondall Parish Council was granted Aarhus costs protection by John Howell QC sitting as a deputy High Court Judge in a carefully reasoned judgement. Second Mr Justice Dove applied the approach of the...
Suzanne Ornsby QC, public, planning and environmental barrister at Francis Taylor Building
Planning permission has been refused for a residential development of up to 370 dwellings on the edge of Thornbury in South Gloucestershire. The inquiry raised a number of interesting points including the approach to prematurity, locational sustainability, harm to designated and non-designated heritage assets, and the approach to take to the tilted balance in circumstances where South...
Gregory Jones QC
The Court of Appeal has given useful guidance as to what constitutes a trigger event for the purposes of the Commons Act 2006. It rejected the narrow approach of the registration authority which had argued that “potential” in “identified for potential development” did no more than reflect the fact that a development plan could not compel the development of a particular piece of land. The Court...
Meyric Lewis, planning and judicial review barrister at Francis Taylor Building
The appeal has just been heard relating to a redevelopment proposal at Pampisford Industrial Estate on a part of the historically contaminated site formerly owned by Eastern Counties Leather, the defendants in the nuisance proceedings brought by Cambridge Water which went all the way to the House of Lords in the 1990s, Cambridge Water Ltd v. Eastern Counties Leather plc [1994] 2 AC 264. Having...
Craig Howell Williams QC, planning, environment and public law barrister at Francis Taylor Building
  CONTROVERSIAL TUNBRIDGE WELLS CPO INQUIRY DECISION 3 May 2019 Ref: PCU/CPOP/M2270/3211220 Inspector Graham Dudley (Hons) Arch Dip Cons AA RIBA FRICS Following a three week public inquiry, the Calverley Square Compulsory Purchase Order has been confirmed without amendment. The CPO was made under section 226(1)(a) of the Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 by...
David Matthias QC, judicial review and licensing barrister at Francis Taylor Building
Mrs Justice Farbey, sitting in the Administrative Court, has dismissed a renewed application for a Costs Capping Order ("CCO") pursuant to section 88 of the Criminal Justice and Courts Act 2015 and has ordered We Love Hackney Limited ("WLH") to pay security for costs in the sum of £60,000 if it intends to proceed with its claim for judicial review. The applications arose in the context of a claim...
Michael Humphries QC, property development law barrister at Francis Taylor Building
The Heathrow Third Runway Litigation comprised five claims for judicial review challenging the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”).  In four claims, the claimants comprised the London Borough of Hillingdon (in which Heathrow is situated) and four adjacent boroughs, the Mayor of London, several non-Government organisations...

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