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Sarah Sackman
The Court of Appeal handed down judgment for the Respondents in this challenge to the grant of planning permission for the major redevelopment of the Elephant and Castle. The scheme will deliver almost 1000 new homes of which 116 will be for social rent.  The challenge, brought by Jerry Flynn of the 35% campaign group, focussed on the delivery social housing and on the issue of the scope of...
Douglas Edwards QC
In Hampshire County Council v Secretary of State for the Environment [2021] QB 81, the High Court (Holgate J) gave important new guidance on the meaning of curtilage. The Court of Appeal has now endorsed his approach, albeit with modifications: see [2021] EWCA Civ 398. The case is required reading for anyone concerned with the issue of the meaning of curtilage in the context of planning or one of...
Douglas Edwards QC
Mrs Justice Thornton has today handed down a judgment in Lambeth LBC v Secretary of State for Housing Communities and Local Government; and Thornton Park Ltd [2021] EWHC 1459 (Admin). The case raised an important point about the calculation of the date when payment is due under the Community Infrastructure Levy Regulations 2010 and the operation of late-payment surcharge liability under...
Rebecca Clutten
The Ministry of Housing Communities and Local Government has confirmed the Derby City Council (Castleward) CPO 2020. The Order relates to an area known as Castleward, within Derby City Centre and in close proximity to the train station. It was promoted to enable the replacement of the existing secondary and tertiary commercial accommodation with more than 500 new, high quality homes. Rebecca...
James Pereira QC
The Court of Appeal has dismissed an appeal (Secretary of State for Transport v Curzon Park Ltd and others [2021] EWCA Civ 651) made by the Secretary of State for Transport against a decision of the Lands Chamber in respect of a preliminary issue in four cases relating to neighbouring sites compulsorily acquired for the construction of the HS2 Curzon Street terminus in Birmingham.  The question...
Guy Roots QC
Following the compulsory purchase for HS2 of the four 1960s Seifert-designed office buildings adjacent to the entrance to Euston Station (now largely demolished), the reference to the Upper Tribunal (Lands Chamber) to determine the compensation (which was due to be heard in the Tribunal for six weeks in June with some 15 experts on each side) has been the subject of a settlement between the...
Gary Grant
A new report, Pleasant Lands, coordinated by third sector drug policy reform organisation Volteface has today been released, promising a solution to ‘draconian, pointless’ hemp legislation.  The paper, which has been backed by Conservative MP Crispin Blunt, outlines the economic and environmental benefits of embracing hemp, by promising to boost the ‘the government’s pledged green recovery and to...
Douglas Edwards QC
The inquiry has closed into Robert Hitchins/Bloor Homes’ non-determination appeal for 95 houses at Coombe Hill on the A38 near Tewkesbury.  The application was made initially for 150 houses but was reduced in the light of objections from Natural England on ecological grounds and Gloucestershire County Council who sought education contributions to address the impact of development on local schools...
Charles Merrett
Mrs Justice Lang DBE had today handed down judgment in R (Swainsthorpe Parish Council) v Norfolk County Council [2021] EWHC 1014 (Admin) – judgment available here – in the first case to consider the lawful scope of a statutory consultation response under the Town and Country Planning (Development Management Procedure) (England) Order 2015.          The background to the case is an application for...
Horatio Waller
Mr Justice Knowles today handed down his judgment in Manchester City Council v SSHCLG  [2021] EWHC 858 (Admin). The case concerned the decision of an Inspector to allow a s174 appeal against an enforcement notice and to grant planning permission in respect of a change of use of a dwelling house to use as four commercial units. The Inspector assessed the new use of the premises based upon the...

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