For matters between public authorities and people or communities.
We specialise in
Planning,
Housing,
Public and
Regulatory Law.
Mary Cook
Practice Areas
What They Say
"Approachable, knowledgeable and helpful, patient in their dealings and highly accommodating to the client."
Chambers & Partners 2010
Recent Key Cases
- 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 brought by 7 owners of 13 sex shops in Soho and Covent Garden.
The essence of their claim was that while a duly authorised licensing committee had determined the annual fee for sex shops under the Local Government (Miscellaneous Provisions) Act 1982 for 2005-2006 at £29,102 per annum, an it had failed to determine a fee for any year thereafter, until January 2012 when it determined that the renewal fee should be £18,737.
- 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 the Claimant M unsuccessfully sought an order that the Borough should pay all his costs.
The Master of the Rolls gave guidance that will assist parties in settling claims at an earlier stage and laid out the rules that should apply when the Court is left to determine where costs will lie.
- See full text of case
- 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 under s.13 of the Commons Registration Act 1965 for land at Hucknall to be registered as a TVG. Following an eight day Inquiry the application was dismissed on various grounds – use had not continued up to the date of the application, being prevented by the erection of fences a few days earlier; use had not been as of right due to (a) deference and (b) prohibitory signs.
- 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 of planning policy is a matter of law and not to be left to the discretion of local planning authorities. Guidance has also been provided on the approach to "suitability" in the context of the sequential test.
- 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 of the General Permitted Development Order 1995.
Permission has been granted for Hertfordshire County Council to appeal to the Court of Appeal.
- See full text of case
- 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. The decision, which followed a public inquiry under s. 82 of the Highways Act 1980, means that Essex County Council and Corporation of London can proceed with the installation of the grids as part of the Epping Forest Transport Strategy (the“EFTS”).
Secretary of State’s decision: www.dft.gov.uk/publications/lao-20120326a/
- 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 interpretation and application of Green Belt policy, landscape and visual impact, assessment of economic benefit and film industry need together with housing land supply and affordable housing need.
- See full text of case
- Tew v South Northamptonshire Council [2010] UKUT 333 (LC), [2011] RVR 80
Claim for compensation following the compulsory acquisition of a disused public house. Residual method of valuation used.
- Springfield Road Inquiry, Surrey [2012]
Inquiry concerning residential development proposal in AONB covering issues of traffic impact, and impact on a listed building and setting. Tom appeared for the planning authority.
- Podington Wind Farm Inquiry, Bedford [2012]
Inquiry concerning wind farm proposal in Bedford considering issues of landscape and visual impact, residential amenity, noise and heritage. Acted for the planning authority.
- Easton Farm Glasshouse Inquiry, West Sussex [2012]
Forthcoming inquiry (March 2012) considering proposal for 21 hectare glasshouse development in countryside. Issues involve highways, landscape impact and countryside. Instructed by the planning authority.
Latest News Stories
Sainsburys Rebuffed in Saffron Walden
17.05.2012
In one of the first retail appeal decisions to be considered against the NPPF, a Sainsburys scheme for an out of centre foodstore at Saffron Walden has been rejected by [...]
read moreWestminster City Council ordered to repay Soho Sex Shops
16.05.2012
R (Hemming and Others) v Westminster City Council – Administrative Court – Keith J, 16th May 2012 In a seminal judgment, Mr. Justice Keith has ordered restitution of licence fees [...]
read moreChelsea Nightclub "Public" loses Appeal
15.05.2012
The well-known nightclub, “Public” on Kings Road in Chelsea has lost its appeal against a curtailment of hours imposed by the Royal Borough of Kensington and Chelsea. The club was [...]
read moreMurphy v SSCLG and Wycombe DC [2012] EWHC 1198 (Admin)
14.05.2012
The ripples caused by the Cala Homes litigation were considered by Foskett J in a challenge to the decision of the Secretary of State to refuse planning permission in an [...]
read moreCosts in judicial review claims where a settlement is reached before trial
14.05.2012
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 [...]
read moreIndependent Social Workers and Age Assessments
02.05.2012
Jon Holbrook recently grilled three independent social workers who gave evidence for the claimant, an Afghan asylum seeker, in an age assessment case. They had sought to support the claimant’s [...]
read moreGuidance Given On Reporting Of Court Of Protection Cases
02.05.2012
Bryan McGuire QC appeared for the local authority in a recent Court of Protection case which gives guidance in reporting of Court of Protection Decisions. Sian Davies has helpfully digested [...]
read moreEligibility Training for Adults and Children
02.05.2012
On 25th April 2012, Kelvin Rutledge and Jenny Oscroft delivered a seminar entitled “No Recourse to Public Funds” to delegates working in and with the London Borough of Bexley. Over [...]
read moreGerard Forlin QC speaks at 8th International Harbour Masters Congress
02.05.2012
On Wednesday 16th May 2012 Gerard Forlin QC is delivering a speech entitled: ‘Navigating health, safety and corporate liability in the new commercial landscape’ at the 8th International Harbour Masters [...]
read moreNational Trust challenge to a wind farm
25.04.2012
Morag Ellis and Robin Green have been instructed on behalf of the National Trust in a challenge to the grant of planning permission for a wind farm within 1 mile [...]
read moreBest Bar None Announces Philip Kolvin QC As New Chairman
24.04.2012
Best Bar None, the national award scheme aimed at promoting responsible management and operation of alcohol licensed premises in the night time economy is pleased to announce that Philip Kolvin [...]
read moreCornerstone Barristers ranked in The Guardian's Top 300 Graduates List
20.04.2012
Cornerstone Barristers have been ranked in the Guardian’s Top 300 graduates list. The list is complied from the rankings based on the largest independant survey of students in the UK. [...]
read moreBell Cornwall and Cornerstone Barristers Joint Seminar - 18th April
20.04.2012
Bell Cornwall Chartered Town Planners teamed up with Cornerstone Barristers to deliver a seminar considering the main themes of the Government’s planning reforms tailored to clients and consultants operating in [...]
read moreSecretary of State upholds refusal of planning permission for major housing development in countryside
16.04.2012
In one of the last ministerial planning decisions before the publishing of the National Planning Policy Framework, the Secretary of State has upheld the decision of Wycombe District Council to [...]
read moreInterim Orders in Healthcare Regulation and the approach of the Administrative Court to Delay
12.04.2012
In an article published in the Association of Regulatory and Disciplinary Lawyers Spring Bulletin Tom Cosgrove and Zoe Whittington consider the approach of the Administrative Court in dealing with the [...]
read moreCornerstone Barristers welcome Warren Foot as their new Chief Executive
02.04.2012
Cornerstone Barristers are proud to welcome Warren Foot as their new Chief Executive. James Findlay QC, joint Head of Chambers with Mary Cook, said “The legal world is changing quickly [...]
read moreLondon Bridge Station development gets go-ahead
02.04.2012
Mark Lowe QC has been advising Network Rail in relation to their proposals to rebuild London Bridge Station. The proposal would create the largest station concourse in the UK. The [...]
read morePermission granted to install cattle grids in Epping Forest
02.04.2012
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. [...]
read moreHome Office Guidance On Use Of Closure Notices Unlawful
29.03.2012
HOME OFFICE GUIDANCE ON USE OF CLOSURE NOTICES UNLAWFUL The Home Secretary has submitted to a judgment in the High Court which establishes that Home Office Guidance on closure notices [...]
read moreThe NPPF - the response from Cornerstone Barristers
28.03.2012
The Planning Team at Cornerstone Barristers have reviewed the NPPF to look behind the headlines and general summaries to focus on six areas likely to be of general interest to [...]
read moreStore Wars continue in the Supreme Court
28.03.2012
Supreme Court rejects Tesco challenge and determines that the interpretation of planning policy is a matter of law and not to be left to the discretion of local planning authorities. [...]
read moreNewhaven Port and Properties Ltd v East Sussex County Council [2012] EWHC 647 (Admin)
27.03.2012
Steven Sauvain QC appeared for the Council in this important new case. The High Court (Ouseley J) quashed the decision to register Newhaven East Beach a a village green. The [...]
read moreToo Hot to Handle, New Law Journal article by Gerard Forlin QC
26.03.2012
In an article published in the New Law Journal on 23 March 2012, Gerard Forlin QC examines a series of recent cases in which defendants have been facing increasingly severe [...]
read morePet shop disqualification
25.03.2012
A pet shop proprietor has been disqualified from keeping a pet shop for 15 years following a prosecution for licence breaches. Stuart Wood ran Sylvesters Pet Shops in Harrow and [...]
read more