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

David Lintott

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Recent Key Cases

Summer-y Justice?

The heat goes to the head in the High Court dealing with Summary Reviews In two cases over the summer the High Court granted injunctions staying the effect of interim [...]

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Deliberate concealment of a breach of planning control by verbal responses to questions

David Lintott successfully appeared for Welwyn Hatfield BC in this application for a Planning Enforcement Order by Welwyn Hatfield BC at St Albans Magistrates Court on 15 August 2014. Richard [...]

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Silver v SSGLC [2014] EWHC 2729 (Admin)

Demolition may not implement planning permission The High Court has handed down a decision which should act as a warning to those seeking to implement a planning permission merely by [...]

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Land at Chapel Lane, Wymondham, Norfolk

WYMONDHAM ABBEY, (a Grade 1 Listed Building) saved from harmful development in spite of a 5 year housing land supply shortfall Land at  CHAPEL LANE, WYMONDHAM, NORFOLK Appeal Ref: APP/L2630/A/13/2196884 [...]

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Disabled, but not Vulnerable

In Kanu v London Borough of Southwark the Court of Appeal has considered the practical application of the case of Hotak v London Borough of Southwark to a case where [...]

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Call a Cab Ltd: Adoption of taxi controls finally upheld

The prosecution of Call a Cab Limited for operating a private hire vehicle without a licence has resulted in its conviction on return to the magistrates’ court. The case attracted [...]

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Local landscape protection policies trump lack of housing land supply in historic parkland housing appeal

Suffolk Coastal District Council have welcomed the decision on appeal to refuse planning permission for 25 houses in locally designated historic parkland on the outskirts of Yoxford in Suffolk, despite [...]

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The right amount of affordable housing: How much can an LPA reasonably require?

A significant appeal decision has been issued on how to assess the amount of affordable housing which a development can support. It will be of interest to developers and authorities [...]

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Fatal Blow Dealt to Battle Claim

In a judgment, 9 July 2014, the Planning Court (Lindblom J) rejected a judicial review brought by Mr Charles Jones against a decision by English Heritage not to add the [...]

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Secretary of State refuses permission for New Barnfield 380 tkpa RERF

The Secretary of State, adopting in substance the reasons given by his inspector, has refused planning permission for a substantial Recycling and Energy Recovery Facility, with a capacity of 380,000 [...]

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Mortgage Repossession: Disposing of everything left behind.

The Court of Appeal has just considered the duties of a mortgage company when dealing with a mortgagor’s personal possessions left in a property after repossession. When a mortgagee repossesses [...]

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Settling age-assessment disputes out of court

Subject only to the requirements of 54APD.17.1 (short statement of reasons supporting agreed order in judicial review proceedings) and, where the claimant is a child, CPR21.10 (approval of compromise), parties [...]

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Inquests into deaths at Pleasuredrome Spa

Two separate inquests took place last week into the deaths of the three men who died within 8 months of each other after attending the Pleasuredrome Spa in Waterloo, Central [...]

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Financial benefit is broader than profit when imposing a fine for failing to comply with an enforcement notice.

On 14 January 2013 Mr Smith was fined £250,000 for breaches of s179(5) of the Town and Country Planning Act 1990 (one of the highest fines ever made against an [...]

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Human Rights Challenge to Hammersmith & Fulham BC v Monk to be dismissed by the Supreme Court

Hammersmith and Fulham London Borough Council v Monk [1992] 1 AC 478 affirms that one joint periodic tenant may determine the joint tenancy by serving a unilateral notice to quit [...]

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Lewisham, Newham and Cornerstone team in Supreme Court

The hearing of R(CN) v Lewisham and R(ZH) v Newham in the Supreme Court concluded today(26th June 2014). The central issue is whether Mohamed v Manek and Kensington & Chelsea, [...]

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Eastwood v The Royal Borough of Windsor and Maidenhead (24/06/14) [2014] CA C1/2013/3375 Sullivan LJ

Proportionality is not for the Court on an application for judicial review of a local planning authority’s decision to take direct action to remove travellers  David Lintott successfully appeared for [...]

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Statutory homeless reviews: like marriage a “for better or for worse” experience

Where a local housing authority considering a homelessness application under Part 7 of the Housing Act 1996 has found an applicant to be owed some form of duty, and there [...]

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Latest News Stories

Peggy Etiebet returns to Cornerstone Barristers
18.08.2014

Cornerstone Barristers are delighted that Peggy is returning to full-time practice after her sabbatical to play water polo with the Great Britain Water Polo team. Called up by the national [...]
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Social Housing Fraud: Tenancy Audits (Practical Law)
05.08.2014

The following note, published in Practical Law on 25th July 2014, covers what a tenancy audit should contain and investigating possible tenancy fraud following an audit. To read full article, [...]
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Court rulings send framework signals
04.08.2014

This article appeared in Planning Resource (subscription needed) on 25th July 2014. Several recent High Court cases involving housing proposals have considered the interpretation of paragraphs 14, 47 and 49 [...]
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Andrew Lane & Dean Underwood join Cornerstone Barristers
31.07.2014

We are delighted to announce that the highly regarded housing and public law specialists and leading juniors Andrew Lane and Dean Underwood have joined Cornerstone Barristers from Hardwicke. Both are [...]
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No more ASBIs, ASBOs, CRASBOs…
22.07.2014

The final draft of the statutory guidance for frontline professionals was published by the Home Office on 21st July 2014 .  The guidance covers the: -       Civil injunctions for non-housing [...]
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New Head of Chambers for Cornerstone  
08.07.2014

Cornerstone Barristers is delighted to announce that our new Head of Chambers is Philip Kolvin QC, who takes over from Mary Cook and James Findlay QC with immediate effect. We wish [...]
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Corporate Liability: Work Related Deaths & Criminal Prosecutions by Gerard Forlin QC
04.07.2014

Corporate Liability: Work Related Deaths and Criminal Prosecutions, Third Edition, is the only book to provide, in a single source, an expert analysis of the legal practice and procedure in [...]
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Damien Welfare explains recent case law on the meanings of requests that are "vexatious" under the FOI Act 2000
03.07.2014

Damien Welfare has written an article, in the Information Law field, explaining recent case law on the meanings of requests that are “vexatious” under the Freedom of Information Act 2000, [...]
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Gerard Forlin QC writes in the International Business Review on Bribery and Corruption
01.07.2014

In the article recently published in the leading journal the International Business Review, Gerard Forlin QC discusses Bribery and Corruption in the International setting and the risks that it imposes [...]
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Cornerstone Barristers opens a Birmingham office.
01.07.2014

We are pleased to announce that from 1 July 2014, we will have a serviced office in Birmingham, at 43 Temple Row. Chief Executive, Warren Foot says “an increasing amount [...]
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RTPI Awards for Planning Excellence 2014
25.06.2014

Thurrock Council has won the prestigious 2014 RTPI Award for Outstanding Planning to Deliver Growth and Employment for its work on the London Gateway Logistics Park LDO. This represents possibly [...]
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Permission for new homes on brownfield site in Suffolk refused
23.06.2014

An appeal has been dismissed against refusal of planning permission for 51 dwellings on an old industrial site in Long Melford, Suffolk. The decision is a useful reminder that, even [...]
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Sequential Test failed by out of centre retail scheme by virtue of the existence of another better connected out of centre site
19.06.2014

David Lintott successfully appeared for St Edmunsbury Borough Council and Tom Hill Q.C. appeared for the developer in a a. 78 appeal made by Metric GP Income Plus Ltd & [...]
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Parliament set to amend tenancy deposit scheme?  
18.06.2014

An amendment to the Deregulation Bill tabled by the Department for Communities and Local Government on Monday 16th June 2014 looks set to resolve an area of uncertainty left in [...]
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Ending Sexual Violence in Conflict
17.06.2014

On 11-12 June 2014, Estelle Dehon attended the Global Summit to End Sexual Violence in Conflict, convened by William Hague and Angelina Jolie. The Summit was significant in its size [...]
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Imminent judgment re Exceptional Legal Aid Funding
09.06.2014

Gudanaviciene, Edgehill and others In an important judgment to be delivered on Friday 13 June, Collins J is to consider whether the Lord Chancellor’s Guidance on exceptional legal aid funding is unlawful, and [...]
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Metropolitan Police Service responds to Azelle Rodney Inquiry Report
04.06.2014

The Metropolitan Police Service has responded to recommendations made in the Azelle Rodney Inquiry Report. As a result a number of changes to armed policing will be made with a [...]
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Duggan Inquest: Report to Prevent Future Deaths Published by Coroner
04.06.2014

The Coroner conducting the inquest into Mark Duggan’s death has produced a report to prevent future deaths which contains a number of concerns arising out of the evidence given to [...]
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