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Sarah Sackman, public, planning and environmental law barrister at Francis Taylor Building
HHJ Jarman QC today handed down an important judgement quashing the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby. The Claimant, Lyn Buckingham, a local NHS healthcare campaigner, was successful on all of her grounds of Judicial Review. The Court held that the CCG had: failed to consult the public despite repeated promises that it would do so...
Mark Westmoreland Smith, planning and environmental law barrister at Francis Taylor Building
Maximus Networks Limited (Maximus) submitted a large number of applications for prior approval under Part 16, Class A permitted development rights to construct telephone kiosks across London. In all cases, Maximus had failed in its obligation to give notice of the applications to the owners of the land to which the proposals related. As a result a number of London Boroughs refused to validate the...
Mark Westmoreland Smith, planning and environmental law barrister at Francis Taylor Building
Ludgate House was a large commercial office building on the Thames by Blackfriars Bridge. It has now been demolished and is being redeveloped. Prior to demolition and whilst the plans for redevelopment were being finalised, the owners of the building employed a security services company to provide guardians. Guardians are short term licencees who would live in the building and were required to...
Melissa Murphy
In an ex tempore judgment given by Lady Justice Hallett DBE (Vice President of the Court of Appeal Criminal Division), the Court of Appeal has today refused to grant leave to the London Borough of Islington to bring an appeal against the decision of a judge of Blackfriars Crown Court which was a “terminatory ruling”, in a prosecution brought by them.   The Council sought to prosecute the owners...
Sarah Sackman, public, planning and environmental law barrister at Francis Taylor Building
The High Court will today hear a Judicial Review claim brought against the decision of Corby Clinical Commissioning Group to downgrade the urgent care walk-in centre in Corby and replace it with an appointment only primary care hub. The decision was taken on 30 January 2018 without public consultation despite repeated promises by the CCG that it would consult on its decision. Mr Justice Garnham...
Annabel Graham Paul, planning and environmental law barrister at Francis Taylor Building
In Tate v Northumberland County Council [2018] EWCA Civ 1519 Lindblom and Jackson LJJ upheld the High Court’s quashing of planning permission for a house in the Green Belt on the grounds of inadequate reasoning. The Council had approved the house as an exception to Green Belt policy under NPPF paragraph 89 as “limited infilling within a village”. In 2008, an Inspector had, however, refused...
Saira Kabir Sheikh QC, planning and environmental law barrister at Francis Taylor Building
In Chesterton v Wokingham BC [2018] EWHC 1795 (Admin), the High Court (Upper Tribunal Judge Martin Rodger QC) considered whether a local authority had properly exercised its discretion under section 70C of the Town and Country Planning Act 1990 to decline to determine an application if to do so might grant planning permission for the whole or any part of a matter identified as a breach of...
Richard Honey, public and environmental law barrister at Francis Taylor Building
A claim for judicial review brought by Melbury Abbas & Cann Group Parish Council against a decision by Dorset County Council to maintain an advisory one-way routing system of HGV traffic has been withdrawn.  Permission to apply for judicial review had previously been refused by Lewis J on the papers. The advisory routing system directed HGV traffic northbound on the A350 and southbound along...
Richard Honey, public and environmental law barrister at Francis Taylor Building
Gladman Developments Limited has withdrawn three s78 appeals seeking planning permission for major residential developments in three villages near Ashford, Kent.  The inquiry into a proposal for 125 houses in Brabourne Lees had sat for eight days in January 2018 and was due to reconvene for at least two further days in July 2018.  The inquiry into a proposal for 245 houses in Charing had sat for...
James Rankin, licensing barrister at Francis Taylor Buiding
At a meeting of the licensing sub-committee on 9th July 2018 a sex encounter venue licence was granted to F. Forte Ltd in respect of its Embassy Club premises in Pevensey Road. The application for a 4am licence was opposed by The Town Centre Neighbourhood Panel on the grounds that the grant would have been “inappropriate”. It was granted nevertheless. The successful applicant was represented by...

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