Judicial review of plans to redevelop Stradey Park dismissed
Residential redevelopment by Taylor Wimpey of the famous Stradey Park, former home of the Llanelli ‘Scarlets’, and a Persimmon development at Machynys West have both been given the go ahead as judicial review challenges were dismissed. The grounds for challenge concerned European ecological designations atCarmarthenBay(the ‘CBEEMS’) and Carmarthenshire County Council’s Appropriate Assessment of the schemes.
HHJ Milwyn Jarman QC, sitting as Deputy High Court Judge inCardiff, on 25 January 2012 held that there was no arguable case to challenge the Council’s handling of the matter. The case is of wide interest because of the many other development sites in Carmarthenshire and Swansea reliant on the scheme set up to avoid impact on the CBEEMS which lay at the heart of this challenge by Mr Hughes, a leading member of the Cocklepickers’ Association.
Geoffrey Stephenson appeared for the local planning authority, Morag Ellis QC for Taylor Wimpey and Anthony Porten QC for Persimmon.
R -v- Al Amin Dhalla
David Lamming is currently engaged on the above matter. A link to the 'Daily Mail' news article can be found here.
Court ruling frees up Stradey Park development
A housing development on the site of Llanelli’s former Stradey Park rugby ground is now free to go ahead following a High Court ruling.
Developer Taylor Wimpey was originally granted planning permission by Carmarthen County Council to build 355 homes in 2007.
A Judicial Review claim was lodged last year by a protester arguing that the council had been in breach of environmental regulations and other points relating to planning matters.
Planning seminar in Enfield
Melissa Murphy conducted a seminar on 26 January 2012 for the London Borough of Enfield on the subject of planning enforcement, focusing on the Localism Act; on Environmental Impact Assessment in an enforcement context; and on best practice in relation to the drafting of enforcement reports and notices.
Lift Fatality Inquest
In January 2012 Gerard Forlin QC acted for Thyssen Krupp Elevators UK at an inquest into the death of Katarzyna Woja who died in 2003 in a lift accident in a Holmes Place gym in the City of London. The verdict of the jury at the inquest was accidental death.
Gerard also acted for Thyssen Krupp Elevators Uk in the criminal proceedings that finished in 2010.
Coverage can be seen here.
Laura Morgan inquest: Coroner records narrative verdict
Gerard Forlin QC acted for some of the Sunsail employees in this important inquest.
Click here to see the BBC news coverage
Shepperton Pinewood’s “Project Pinewood” rejected. - Simon Bird QC & Melissa Murphy
The Secretary of State for Communities and Local Government has rejected Shepperton Pinewood’s proposal to create a purpose built film industry community in the South Bucks Green Belt. The proposal involving 1400 dwellings (including 420 affordable units) constructed within permanent streetscapes designed to accommodate film making was recommended for rejection by the Inspector. The Secretary of State agreed, finding the proposal would:
- Destroy the concept of the site as part of the open Green Belt;
- Significantly alter the landscape character and appearance of the area to its detriment and run counter to the aims of the Colne Valley Park;
- Be located in an inherently unsustainable location;
Gerry Forlin, QC appointed to the Health and Safety Lawyers Association Committee
Following the recent AGM Gerry Forlin, QC appointed to the Health and Safety Lawyers Association Committee.
Full scale attack on town and village greens repelled
The Court of Appeal have dismissed a challenge on the law relating to town and village greens which, if successful, would have dramatically limited the ability of local residents to register land as a town and village green. Mr Jones, a local resident, applied for a large area of land lying on the outskirts of Leeds to be registered as a town and village green. Leeds Group Plc, which owned part of the land in question, objected to the proposed registration and Leeds City Council, the registration authority, held a non-statutory public inquiry. The Inspector recommended registration, which Leeds CC accepted.
Leeds Group Plc sought judicial review of that decision on various grounds. The Court of Appeal dismissed the challenge on the basis, first, that the reference in the legislation to inhabitants of a ‘neighbourhood’ who use the land in question, could be read in the plural, such that users of a town and village green could be made up of two or more neighbourhoods. Secondly, although the amendment introducing the word ‘neighbourhood’ took effect on 30 January 2001, an application for registration after that date could still rely on such user occurring before that date. This was not retrospective legislation and not incompatible with Article 1 of Protocol 1 of the European Convention on Human Rights.
The decisions of the Court of Appeal are at  EWCA Civ 1447 and  EWCA Civ 1438. The Appellant’s application to the Supreme Court for permission to appeal is pending.
Morag Ellis QC and Clare Parry appeared for Leeds City Council. Robert Williams appeared for the interested party.
DPD Inspectors have to fairly grapple with the issues raised at EiPs or risk the quashing of the Plan - Mark Lowe QC & Peter Miller
Mark Lowe QC and Peter Miller, instructed by Beachcroft DAC for a consortium of landowners including Linden Homes and Network Rail, have succeeded in an application to quash the policies of the recently adopted Bromley Town Centre Area Action Plan that apply to the redevelopment opportunity at Bromley North Station.