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London: 2-3 Gray's Inn Square
Birmingham: 43 Temple Row
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considered. strong.

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

Mark Lowe QC

barmark

Recent Key Cases

Community Wind Farm Appeal Refused because of Heritage Impacts

The Secretary of State has dismissed an appeal against the refusal by Bolsover District Council to grant planning permission for one of the largest ever community run windfarms in England. [...]

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Supreme Court Judgment in Akerman-Livingstone v Aster Communities Limited

The Supreme Court has given guidance on the approach to be taken to a defence to a possession claim which relies on the Equality Act 2010, disability discrimination. In Akerman-Livingstone [...]

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In defence of small licensees - Festac v London Borough of Islington

If you act for a large organisation – a pub or night club chain say – which has had trouble at one of its venues, an experienced licensing practitioner’s first [...]

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Agricultural building must be reasonably required in the Green Belt

The High Court Quashes a Planning Inspector’s decision in which he had found that for an agricultural building to be reasonably required in the Green Belt was contrary to the [...]

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Cornerstone Success in London Borough of Enfield Housing Act Appeal

The Court of Appeal holds that a relevant fact under s.191(2) of the Housing Act 1996 had to be an existing fact and could not be a belief in the [...]

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Planning Permission Secured for Large Residential Scheme in West Sussex

In an Appeal Decision issued on the 23rd February 2015, planning permission has been granted for a residential development of 268 houses on 12 hectares of green field land in [...]

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Cornerstone Barristers in First Local Plan Challenge to Reach the Court of Appeal

The Court of Appeal has today upheld Suffolk Coastal DC’s adopted core strategy, in the first local plan challenge to reach the Court of Appeal. SCDC’s core strategy had been [...]

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Cornerstone Represents Royal Borough in Traveller's Claim for Judicial Review

David Lintott, of Cornerstone Barristers, successfully appeared for the Defendant local planning authority. The Court dismissed the Claim for judicial review of a decision by the Defendant local planning authority [...]

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Cornerstone Success in London Borough of Croydon "Zambrano Carers" Appeal

David Lintott of Cornerstone Barristers successfully appeared for the Respondent local authority, the London Borough of Croydon, in the 2nd of four linked appeals dealing with “Zambrano carers”. The Court of [...]

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Council Tax Exemptions for Charitable Housing Associations

Mr Justice Mostyn today handed down judgment in 3 appeals that were heard together – LB of Ealing v Notting Hill Housing Trust; Royal Borough of Kensington & Chelsea v [...]

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Important Decision for Design Policies of the NPPF and NPPG

Important decision on whether an acceptable scheme can be turned away in order to encourage a ‘better’ scheme in the light of the design policies of the National Planning Policy [...]

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COURT OF APPEAL FAILS TO CLARIFY GREEN BELT POLICY

In the eagerly awaited judgment in the case of Timmins and Lymn v Gedling Borough Council [2015] EWCA Civ 10, the Court of Appeal has partly clarified the interpretation of [...]

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Summary Reviews: when are licensed premises ‘associated with’ serious crime?

The High Court has today dismissed a challenge against the decision of the Metropolitan Police to bring summary review proceedings leading to the suspension and revocation of a licence for [...]

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Winning the wind farm war: Secretary of State refuses permission for Spring Farm Ridge wind farm

On 22 December 2014 the Secretary of State finally announced his decision to refuse planning permission for a commercial scale wind farm known as Spring Farm Ridge, located between Greatworth [...]

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s.289 TCPA 1990 appeal: An Inspector must consider the issues in the enforcement notice not what he or she thinks might be the issues

In Mohamed v Secretary of State for Communities and Local Government [2014] EWHC 4045 (Admin) the local planning authority was concerned about the erection of a dwelling in the rear [...]

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No Duty to Review Institutional Abuse or Neglect R (Deeqa Mohammed) V Local Safeguarding Board for Islington

Cobb J 27/11/2014 Administrative Court In an important test case Cobb J has found that public bodies offering safeguarding services to children  are not obliged to investigate alleged institutional abuse [...]

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Not Like Cranmer: Changes to Test for Capacity to Consent to Sex A Local Authority V TB

INTRODUCTION Mostyn J has refined the approach of the courts to the question of what information a person must be able to understand if they are to be able to [...]

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No Bias against Double Glazing

The High Court has dismissed an appeal brought by the owner of a Grade II listed farmhouse, in which it was alleged that an Inspector had displayed bias against double [...]

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Latest News Stories

Funeral of Anthony Scrivener QC
31.03.2015

Tony’s funeral will take place on Tuesday 14 April at 3.00pm at the Seven Hills Crematorium, Ipswich, IP10 0FG. All are welcome. For those who are unable to attend, a [...]
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Tenancy deposit scheme overhauled by the Deregulation Act 2015 – Retrospectively!
31.03.2015

On 26 March 2015 changes to the tenancy deposit scheme under the Deregulation Act 2015 came into force. These changes will give much comfort to private landlords seeking to evict [...]
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Planning Magazine: The Planning Law Survey 2015
31.03.2015

Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, [...]
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Australia and Cornerstone
30.03.2015

Cornerstone Barristers is unique in having two QCs who are also admitted to practise in Australia. Philip Coppel QC studied and qualified in Australia and had an extensive federal practice [...]
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Substantial Changes to the GPDO
30.03.2015

In one of his last ministerial acts of this Parliament Eric Pickles has made substantial changes to the GPDO. The Town and Country Planning (General Permitted Development) Order 2015 comes [...]
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Safeskies Aviation Conference in Canberra Australia
27.03.2015

Gerard Forlin QC has again been asked to do a keynote address at the Safeskies conference in Canberra, Australia in September 2015. This is one of the premier Aviation conferences [...]
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French Air Crash
27.03.2015

Gerard Forlin QC has been consulted by C.N.N as an expert in Aviation law in relation to the recent catastrophic incident involving flight 4U9525 in France.

Anthony Scrivener QC
27.03.2015

It is with great sadness that we announce the passing of our former colleague and Head of Chambers, Anthony Scrivener QC. He died peacefully following an illness. Tony  was called [...]
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Supreme Court Allows Appeal in TN v Westminster
23.03.2015

The Supreme Court heard Titina Nzolameso’s appeal against Westminster Council on 17th March 2015, and took the unusual step of announcing on 19th March 2015 that it was allowing the [...]
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No Limits on Fines a "Game Changer"
20.03.2015

Gerard Forlin QC, of Cornerstone Barristers, writes about unlimited fines for magistrates courts in the New Law Journal.

Accessing Information in the Planning Sphere: Viability Assessments
16.03.2015

Two articles by Estelle Dehon, published in the Freedom of Information journal, explore recent decisions concerning access to commercially sensitive information in the planning sphere, and in particular to the [...]
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The Care Act 2014 - List of statutory instruments
12.03.2015

Please click here to see the table.

Major Court Fee Increase - Monday 9th March
05.03.2015

In response to the Enhanced Court Fees Consultation, released on 16 January 2015, HMCTS has announced increases to court fees for claims over £10,000. Court fees are set to dramatically [...]
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Locally set licence fees shelved
26.02.2015

The Government has today announced that it will not be introducing locally set licensing fees under the Licensing Act 2003. The decision will come as a bitter blow to local [...]
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Child Abuse Inquiries - A Ticking Bomb
20.02.2015

Those conducting investigations into historic child sexual abuse are likely to be faced with calls to comply with the investigative obligations of Article 3 ECHR. Where the investigative obligation arises [...]
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Sweet and Maxwell Archbold Review: 'Up, Up and Away!'
19.02.2015

Gerard Forlin QC, of Cornerstone Barristers, highlights the significance of the Sentencing Council Consultation in relation to health and safety, corporate manslaughter and food and hygiene offences. Read More

Home Affairs Select Committee Supports Kincora Claim
13.02.2015

The Home Affairs Select Committee today published a report into the Child Abuse Inquiry in England and Wales, and said: ‘We recommend that the scope of the inquiry be extended [...]
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On the Road: Cornerstone’s Dean Underwood to speak at Capita, CIH and Croftons' Housing Law Conferences
12.02.2015

On 23 April 2015, Dean Underwood will be speaking at Capita’s Legal Essentials for Rent Arrears Recovery alongside valued Cornerstone Barristers clients Nick Billingham, Partner of Devonshires Solicitors and Melanie [...]
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