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Gerald Gouriet QC
Judgment in the appeal by Uber (“ULL”) against Transport for London’s refusal to renew its PHV operator’s licence was given on 26 June 2018. Uber was given a licence for a limited ‘probationary’ period of 15 months, subject to a schedule of new conditions. The following conditions may be of interest to licensing practitioners: 6.  Circumvention of obligations:  ULL shall not circumvent any of its...
Isabella Tafur, planning law barrister at Francis Taylor Building
The Westminster Magistrates’ Court has upheld an appeal against a noise abatement notice issued by Westminster Council for an alleged statutory nuisance created by the playing of ‘loud amplified music and speech’ at a domestic property. The allegation of statutory nuisance was based on the subjective judgment of an environmental health officer having observed a single incident of noise for a...
Isabella Tafur, planning law barrister at Francis Taylor Building
The High Court has quashed the grant of planning permission on appeal for a housing development on a greenfield site adjacent to the village of Blean, in Canterbury. The challenge was brought by Canterbury City Council on the basis that the Inspector had misinterpreted relevant policies in the development plan and therefore failed to apply the s.38(6) duty. The policies in question supported...
Gary Grant, licensing barrister at Francis Taylor Building
Following a heavily contested hearing before Ealing’s licensing sub-committee on 21 June 2018 the Council has refused to renew the Sex Entertainment Venue (SEV) Licence of LA Confidential, the London Borough’s only remaining lap-dancing club. The case has attracted national media interest. LA Confidential has operated for some 11 years. In January 2018 an anonymous letter was sent to the...
James Rankin, licensing barrister at Francis Taylor Buiding
At a packed meeting of Tewkesbury Borough Council on 19/6/18 the popular live music festival was granted a licence for its new site in Brockworth. There was substantial local and police objection to the new site which would have allowed the festival an increased capacity of 10,000 people for the three day August Bank Holiday. The previous licence had been for 2250. The Council granted the licence...
Richard Honey, public and environmental law barrister at Francis Taylor Building
Somerset County Council has accepted the recommendation of an inspector following an inquiry lasting almost three weeks into an application to register as a village green land at Norton St Philip in Somerset.  The application site was almost five hectares but only a small part of the application site – one corner – is to be registered.  The application was rejected in relation to the great...
Sarah Sackman, public, planning and environmental law barrister at Francis Taylor Building
In a significant victory for residents of the Foxhill estate, Bath who have campaigned against the demolition of their homes and redevelopment of the estate for 5 years, on Wednesday 20 June 2018 Mr Justice Lewis handed down judgment in R (Buckley) v Bath and North East Somerset Council. The local authority had granted planning permission for the demolition of the existing estate of 542 homes and...
Simon Bird QC, planning, local government and environmental law barrister at Francis Taylor Building
The Secretary of State has dismissed the proposal for a new settlement of up to 2,068 dwellings with associated infrastructure on 114.7 ha of land at the former RAF Wisley Airfield near Guildford in Surrey – which closed in 1979 (read the decision and Inspector’s report here).  Development at the site, which is in the existing Green Belt, was very controversial and was called in for determination...
Gregory Jones QC
Inspector, Mr William Fieldhouse, has found the Cotswold District Local Plan and CIL to be sound and policy compliant. Gregory Jones QC appeared for the District at the examinations in public into both the local plan and also the CIL.  
Annabel Graham Paul, planning and environmental law barrister at Francis Taylor Building
On Friday 8 June 2018, Garnham J allowed an appeal by way of case stated in respect of a decision of a District Judge to stay a planning prosecution as an abuse of process. Ceredigion County Council had brought a prosecution against four Defendants for failing to comply with three enforcement notices requiring removal of habitable structures within a forest, and the cessation of residential use....

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