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

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What They Say

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Chambers & Partners 2011

Recent Key Cases

Judge quashes wind farm permission in case brought by local authority, English Heritage and the National Trust

In an important decision on the correct approach to development affecting heritage assets, Mrs Justice Lang has struck down the decision of a planning inspector allowing a wind farm within [...]

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Falis Ibrahim v London Borough of Wandsworth [2013] EWCA Civ. 20

David Lintott successfully appeared for the Respondent local authority. The Court of Appeal has dismissed the Appellant’s appeal and held that the Respondent local authority had not acted in breach [...]

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Re-determination – Material Considerations

Where a planning appeal is quashed by the High Court, it is incapable of ever having had any legal effect upon the rights and duties of the parties. There is, [...]

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Allotment status clarified

The High Court (Chancery Division) has given judgment in a case brought by two allotment holders in which the Court was asked to determine which of two inconsistent powers of sale applied to the [...]

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Trail Riders Fellowship v Peak District National Park Authority [2012] EWHC 3359 (Admin)

The powers of a national park authority to make traffic regulation orders were considered by the High Court (Ouseley J). The authority had made an experimental traffic regulation order, which [...]

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Thurrock Borough Council v West [2012] EWCA Civ 1435

In an important judgment for social landlords, the Court of Appeal has allowed an appeal against an Order dismissing the local authority’s possession claim against a “second successor” who had [...]

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Planning inspector refuses permission for 21 hectares of glasshouses: Economic growth does not trump environmental harm under NPPF

Planning permission refused with partial costs for erection of four industrial sized glasshouses for growing crops in West Sussex following inquiry in which Mary Cook acted for the Almodington Association, [...]

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Solihull Metropolitan Council v Elaine Hickin: Supreme Court 25th July 2012

The Supreme Court has delivered an important judgment which potentially affects all joint council tenants.  Where one joint tenant dies and the other no longer resides at the property, does [...]

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R (Clockfair Limited) v Sandwell Metropolitan Borough Council and Grosvenor Casinos Limited [2012] EWHC 1857 (Admin)

The High Court has delivered an important judgment in the field of casino licensing. While the judgment has ramifications for licensing practitioners, it has a wider significance for public lawyers [...]

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R(Cranfield-Adams) v LB Richmond upon Thames [2012] EWHC 3334 (Admin)

Judge upholds 2 yr suspension for refusal of housing offer – 19 June 2012 A High Court Judge upheld Richmond’s housing allocation scheme, which gives “zero priority” to rehousing applicants [...]

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R (Siwak) v LB Newham [2012] EWHC 1520 (Admin); [2012] EqLR 670, QBD

COURT REFUSES TO MICROMANAGE EQUALITY IMPACT ASSESSMENT On 1st June 2012 Cranston J handed down judgment in the Administrative Court in the case of R (Siwak) v LB Newham.  In [...]

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R (Hemming and Others) v Westminster City Council - Administrative Court

In a seminal judgment, Mr. Justice Keith has ordered restitution of licence fees charged to sex shops by Westminster City Council. A judicial review of Westminster’s sex licensing fees was [...]

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M v London Borough of Croydon [2012] EWCA Civ 595

The Court of Appeal has given important guidance on the approach to costs when judicial review claims settle before final hearing. In an age assessment claim against the London Borough of Croydon [...]

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Village Green Inquiry, Nottinghamshire

Anthony Porten QC acted for a consortium of builders in a recent Village Green Inquiry which raises an important point of interest: issue estoppel. Mrs Malcolm applied originally in 2006 [...]

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Store wars in the Supreme Court

In a decision of significance for all planning practitioners, the Supreme Court in Tesco Stores v Dundee City Council [2012] UKSC 13 rejected Tesco’s challenge and determined that the interpretation [...]

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Hertfordshire County Council v Secretary of State for Communities and Local Government and Metal and Waste Recycling Ltd

This is an important planning case in the High Court concerning the scope of the doctrine of material change of use by intensification, and the proper interpretation of Part 8 [...]

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Installation of Cattle Grids and By-Passes within Epping Forest at Wake Road, Cross Roads, Rangers Road and Forest Side

In a decision published on 26 March 2012, the Secretary of State granted permission to the Highway Authority to install four cattle grids in four strategic locations within Epping Forest. [...]

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Shepperton Pinewood’s “Project Pinewood”

Secretary of State’s decision to reject Pinewood, Shepperton’s “Project Pinewood”, a proposal for 1600 dwellings in the Green Belt, providing permanent street-scape for filming and a Screen Crafts Academy. Issues involved [...]

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Latest News Stories

Morag Ellis QC chairs 6th National PEBA Conference
16.05.2013

Morag Ellis QC is to chair the 6th National PEBA Conference on the 17th May 2013 to be held at Hogan Lovells. The conference will focus on how best to [...]

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High Court considers how evidence seeking to establish precise boundaries using datum points should be assessed in boundary dispute
16.05.2013

Matt Hutchings successfully defends a decision of William Hanson, sitting as an Adjudicator to HM Land Registry in Currey v Fletcher [2013], Chancery Division, 15th May 2013. The Adjudicator produced [...]

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Secretary of State confirms Aylesbury Estate Compulsory Purchase Order in Southwark
16.05.2013

A compulsory purchase of land at the Aylesbury Estate in the London Borough of Southwark, to facilitate development pursuant to the Council’s Area Action Plan and a planning permission granted [...]

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Flexible tenancies: top tips for drafting tenancy agreements
07.05.2013

Having assisted a number of local authorities and housing associations with the implementation of flexible tenancy schemes. Jon Holbrook offers his top tips for landlords drafting flexible tenancy agreement. Click [...]

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No project-splitting for EIA in Brighton
25.04.2013

In Catt v Brighton and Hove City Council [2013] EWHC 977 (Admin) Mr Justice Lindblom has dismissed claims for judicial review of three planning permissions granted by Brighton and Hove [...]

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Revocation of SEP does not necessarily mean that the evidence base is no longer applicable”
18.04.2013

In allowing Bellway Homes (South East) Limited’s appeal for residential development on land at Billingshurst , the Inspector stated “Although the SEP has been revoked, its housing requirement figures are [...]

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New Government Proposals on Judicial Review to Curb Weak Claims
09.04.2013

LEGAL AID ONLY TO BE PAID WHERE PERMISSION GRANTED Chris Grayling, Justice Minister, in a Sunday Telegraph interview on 7th April 2013, has placed the funding of judicial review permission [...]

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Court of Appeal rules on requirements of the law of nuisance, and the effects of a statutory scheme of regulation
05.04.2013

The Court of Appeal, in Barratt Homes v Welsh Water [2013] EWCA Civ 233 last week rejected the Defendant’s contentions the law of nuisance necessarily requires there to be an [...]

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R (CN) v Lewisham LBC: Court of Appeal to consider whether Article 8 requires court order to evict homeless applicants
27.03.2013

Mohamed v Manek and Desnousse v Newham LBC establish that a licensor of temporary accommodation, pending inquiries into a homelessness application, does not need a court order to evict the [...]

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PM announces stop to “soft touch” approach to housing and benefits for immigrants
25.03.2013

The proposed measures announced by the PM during his speech on immigration today include: A requirement for local housing authorities to apply a local residence test under their allocation schemes, [...]

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Morag Ellis QC attends enthronement of Archbishop of Canterbury in her role as Commissary General to the Diocese of Canterbury.
21.03.2013

On 21st March 2013 Morag Ellis QC attended the enthronement of Justin Welby as the 105th Archbishop of Canterbury. Morag attended the enthronement in her role as Commissary General to [...]

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Cornerstone Barristers wins Bronze at the Transform Awards for Best Rebrand in Professional Services
20.03.2013

Last night, Cornerstone Barristers’ excellence in rebranding was honoured at Communicate magazine’s Transform Awards 2013 held at The Brewery, London. Cornerstone won a Bronze award in the category of “Best [...]

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Admin Court decision confirms breadth of discretion when deciding sex establishment licences; and extent of duty to give reasons.
19.03.2013

In a judgment that will be of great assistance to licensing authorities, a judge of the High Court dismissed an application for judicial review against a refusal to grant a [...]

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LPA has a broad discretion to exclude specific sites from a Neighbourhood Area
15.03.2013

Daws Hill Neighbourhood Forum v. Wycombe DC, SoSCLG and Taylor Wimpey UK Ltd [2013] UKHC (Admin), Supperstone J. On 13 March 2013 the High Court decided that the discretion conferred [...]

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Zambrano update
12.03.2013

The latest developments in relation to Zambrano litigation are: • The income support case of Sanneh is to proceed on 11th and 12 March 2013. However no determination is expected at that hearing on the question [...]

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Trafalgar flag finds new home
11.03.2013

Morag Ellis QC, sitting as Commissary General of the Diocese of Canterbury, Jess handed down judgment in the case of St Mary the Virgin, Selling. The case was interesting for [...]

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Taxi bombshell
11.03.2013

Aylesbury Vale District Council v Call a Cab Limited Aylesbury Magistrates’ Court (DJ Pattinson) 8th March 2013 A prosecution of a taxi company has failed for reasons which will amount [...]

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Judge quashes wind farm permission in case brought by local authority, English Heritage and the National Trust.
08.03.2013

In an important decision on the correct approach to development affecting heritage assets, Mrs Justice Lang has struck down the decision of a planning inspector allowing a wind farm within [...]

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