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We specialise in Planning, Housing, Property, Public, Licensing and Regulatory Law

Ashley Underwood QC


Recent Key Cases

Upper Tribunal holds that Framework Agreements are QLTAs: Leaseholders LAPN no longer

In a landmark decision, the Upper Tribunal has held that multi-party framework agreements to be entered into by or on behalf of a public authority are qualifying long term agreements ...

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HMO Licensing Appeals and Space Standards

In a decision dated 23 July 2015 the First Tier Tribunal (Property Chamber) has upheld Southwark LBC’s refusal to grant an HMO on the basis of an application of its ...

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Down is out in Kensington and Chelsea?

Yesterday, in Lisle-Mainwaring and Force Foundations v Royal Borough Kensington and Chelsea [2015] EWHC 2105 (Admin), Mrs Justice Lang dismissed an application to quash the recently adopted Core Strategy policy ...

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Balancing waste provision with Green Belt protection

By a decision dated 16 July 2015 the Secretary of State, adopting in substance the reasons given by his inspector, has maintained his refusal of a planning permission for a ...

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Practice Update – Appealing a Section 289 decision to the Court of Appeal

An enforcement notice appeal under section 289 TCPA 1990 is a second appeal, and so it was thought that the provisions of CPR 52.1.4 (reflecting section 55 of the Access ...

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This development is a pig sty (literally)

Do pig arcs require planning permission? This was the question at the heart of a recent judicial review that resulted in the quashing of a planning permission for a related ...

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Public Policy drives Supreme Court's interpretation of 'ordinary residence' in Cornwall case

Peggy Etiebet considers the latest case on the vexed question of ordinary residence The Supreme Court has finally today (8 July 2015) handed down its long awaited judgment in the ...

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Double ‘no’ to fracking – Lancashire County Council refuses Cuadrilla’s two planning applications

Lancashire County Council has refused two applications for fracking at sites in Lancashire – one refusal (Preston New Road, Little Plumpton) against officer recommendation. Estelle Dehon, who represented Friends of ...

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Inspector upholds a disaggregated approach to housing land supply and neighbourhood plan policies in dismissing planning appeal

In a decision issued on the 17th June 2015, an Inspector appointed by the Secretary of State has, following a planning inquiry, dismissed an appeal made against a decision by ...

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Going underground - High Court shines a light on basement development rights

In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the ...

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High Court clarifies extent of ground (f) in enforcement appeals

In the absence of a ground (a) appeal, can the Secretary of State consider under ground (f) alone the planning merits of “lesser steps” which amount to an alternative scheme ...

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Government approves nationally important road scheme

The Norwich Northern Distributor Road (NDR), the first road scheme to be designated under section 35 of the Planning Act 2008 as a project of national significance, has been authorised ...

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Kincora Boys’ Home Judicial Review comes before the Royal Courts of Justice in Belfast

A judicial review seeking to challenge a decision to exclude Kincora boys’ home in Belfast from the scope of the Independent Inquiry into Child Sexual Abuse established by the Home ...

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Crematorium not sustainable development

  Land adjacent The Orchard Restaurant, West Grinstead RH13 8LU Appeal Ref: APP/Z3825/A/14/2216102, 27 May 2015 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. John ...

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Residential appeals dismissed on 5-year housing land supply and impact on non-designated heritage asset issues

Land at Boxbury Hill, Midsomer Norton, Somerset BS39 7SL and Land at Abbotts Farm Close, Paulton, Somerset, BS39 7TA Appeal ref nos: APP/F0114/A/14/ 2215930 & 2214596 Martin Edwards successfully appeared for ...

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Fresh from the Judgment in Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull MBC [2015] UKSC 30  last Wednesday the Supreme Court have ...

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Listed farmstead and associated agricultural land protected from harmful urban sprawl

Land East of Littleworth Lane, Partridge Green, West Sussex RH13 8JB Appeal Ref: APP/Z3825/A/14/2219076, 12/05/15 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. Christopher Boyle ...

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Cornerstone note Supreme Court homelessness judgment

Summary The Supreme Court has this morning handed down judgment in three conjoined appeals – Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull ...

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Latest News Stories

Cornerstone Barristers Housing Newsletter - July 2015

The latest Cornerstone Barristers Housing Newsletter includes… Message from the Heads of Team  Kelvin Rutledge QC and Kuljit Bhogal The Supreme Court’s interpretation of vulnerability in Hotak, Kanu and Johnson  Matt ...
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Effects of Fracking on the Rural Economy

The possible legal ramifications relating to fracking operations have been brought into sharp relief by the recent release of an unredacted version of a report by the Department for Environment, ...
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Planning Enforcement Fund – a gentle reminder

Local planning authority delegates at this months RTPI Enforcement seminar in London were provided with a gentle reminder from an official at DCLG that there is still plenty of time ...
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Cornerstone Barristers awarded tender for adult safeguarding legal review

Cornerstone  Barristers is delighted to announce that it has succeeded in a tender to provide London authorities with a legal review of Pan London Adult Safeguarding Policy & Procedures. The Pan ...
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Planning Reforms 2015: Fixing the Foundations in Five Minutes Flat

As heralded in the Summer Budget the Chancellor and the Secretary of State for Business Innovation & Skills have announced a package of planning reforms as part of the Government’s ...
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Estates Gazette: An encouraging start

Martin Edwards and Clare Parry have written an article on the Planning Court for Estate Gazette’s Planning Special supplement. The article considers the Court a year on from it’s inception in April ...
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Cornerstone on Councillors’ Conduct

Cornerstone on Councillors’ Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today. Edited by Philip Kolvin QC, Head of Cornerstone Barristers, and written by members ...
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Law Society Gazette: Cornerstone on Anti-Social Behaviour: The New Law

Law Society Gazette has published a review of “Cornerstone on Anti-Social Behaviour: The New Law” by Kuljit Bhogal, Joint Head of the Cornerstone Housing Team. “Cornerstone on Antisocial Behaviour: The ...
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Gerard Forlin QC speaks at a series of conferences in Asia

Gerard Forlin QC is undertaking a number of speaking engagements on corporate governance and regulation in Asia over the next couple of weeks. On 25th June Gerard is moderating a ...
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Lexis PSL: Fully mutual housing corporations and possession proceedings

Andrew Lane has written an article on the judgement in Southward Housing Co-operative Ltd v Walker and another [2015] EWHC 1615 (Ch), [2015] All ER (D) 141 (Jun) and its relevance ...
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New sentencing guidelines in January 2016 mean huge fines for public and private organisations

Gerard Forlin QC looks at the recent case of R v Thames Water Utilities Limited and the implications for forthcoming guidelines on health and safety and corporate manslaughter, and other ...
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Fracking in Lancashire: planning applications

On 18 and 19 June, Estelle Dehon will represent Friends of the Earth at two meetings of Lancashire County Council’s Development Control Committee concerning fracking in Fylde, Lancashire. The day-long ...
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Lexis Webinar: Solar energy and renewables: issues for local government

On 17 June 2015 Martin Edwards presented a webinar for Lexis Webinars on ‘Solar energy and renewables: issues for local government’. Martin explores key elements of the law surrounding energies ...
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More problems in the Court of Protection

Jon Holbrook considers the latest case that will cause further problems in the Court of Protection. Last March the Supreme Court gave judgment in Cheshire West on the meaning of ...
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Local Government Lawyer: The Supreme Court on vulnerability

Matt Hutchings discusses the Supreme Court’s interpretation of vulnerability in relation to homelessness in the three linked appeals of Hotak, Kanu and Johnson. On 13 May, in three appeals about ...
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Ashley Underwood QC speaks at Coroners Continuation Training 2015-2016

Ashley Underwood QC is a guest speaker at the Coroners Continuation Training 2015-2016, taking place in Northampton on 9th June 2015. The training has been designed to provide Coroners with ...
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Gerard Forlin QC in a series of lectures

Gerard Forlin QC recently chaired and spoke at the SHE Show in Milton Keynes. Over 300 delegates attended this event. Please click here to see the flyer. Gerard is also ...
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Anthony Scrivener QC Memorial

The memorial service giving thanks for the life and work of Anthony Scrivener QC will take place on Wednesday 1 July at 5.00pm at the Chapel, Lincoln’s Inn and afterwards ...
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