Secretary of State rejects new village in the Surrey Green Belt
31st May 2018
On 24 May 2018, the Secretary of State refused planning permission for 1,024 new residential units together with a community hub, primary school, medical centre, dentist, pharmacy, local supermarket, pub/restaurant,....
Leisure Sector News Round-up
21st May 2018
By Ben Du Feu
In the last year, Cornerstone's leisure team has been instructed in numerous high-profile cases, including the re-opening of the world-famous London club Fabric; Uber's legal challenge against....
Inspector’s Preliminary Findings into Rugby Local
17th May 2018
In a sweeping success for local residents' group, Stand Against Lodge Farm Village (SALFV), Inspector Mike Hayden has found the proposed allocation of 1,500 homes in open countryside at Lodge....
High Court declares registration of school playing fields in Bristol unlawful
3rd May 2018
In R(Cotham School) v Bristol City Council  EWHC 1022 (Admin.) the High Court was asked to consider whether Bristol City Council had acted unlawfully by departing from the recommendation....
Response to the Housing, Communities and Local Government Committee's inquiry on fracking
24th April 2018
Some of our planning barristers have responded to the Housing, Communities and Local Government Committee's inquiry into planning guidance on fracking. You can read the response here.
Our barristers have extensive experience in....
Second Respondents’ costs in permission hearings for s. 289 planning appeals: Bolton beats Mount Cook
23rd April 2018
In recent proceedings on an appeal under s. 289 of the Town and Country Planning Act 1990, Mrs Justice Lang has held in a short written judgement that a second....
Landmark Court of Appeal judgment on use of publicly held land
16th April 2018
The Court of Appeal has given judgment in the long-awaited co-joined appeals of Timothy Jones v NHS Property Services Ltd & R(Lancashire County Council) v Secretary of State for Environment,....
Court of Appeal clarifies the meaning of the phrase “new isolated homes in the countryside”
28th March 2018
Paragraph 55 NPPF provides that decision-takers should "avoid new isolated homes in the countryside unless there are special circumstances".
In a judgment handed down today, Lindblom LJ (giving the judgment of....
Prime Minister launches NPPF consultation. Will it deliver on promises?
6th March 2018
By Dr Ashley Bowes.
Yesterday, the Prime Minister announced the long-awaited amendments to the NPPF, which aim to support the "housing revolution" promised in the Budget in November last year. The....
Richard Hanstock and Dr Ashley Bowes appointed to the Attorney General's C Panel
1st February 2018
We are proud to announce that the Attorney General has appointed Richard Hanstock and Dr Ashley Bowes to the C Panel of Junior Counsel to the Crown for a period....
Do houseboats need planning permission?
29th January 2018
With house prices and rents rising sharply, residential use of boats is turning out to be an attractive alternative to conveniently placed accommodation on land, especially in London. However, the....
Court of Appeal decides fracking challenge
15th January 2018
In a combined judgment, handed down on Friday 12 January, Lindblom LJ (with whom Simon and Henderson LJJ agreed) dismissed statutory review proceedings brought by the Preston New Road Action....
Court of Appeal grants permission to appeal to consider meaning of “new isolated homes in the countryside”
11th January 2018
The Court of Appeal has granted permission to appeal against the decision of Lang J in Braintree DC v SSCLG  EWHC 2743 (Admin.).
The case concerns the meaning of paragraph....
Inspector’s failure to deal properly with neighbourhood plan conflict leads to quashing of residential scheme - Aldingbourne PC v SSCLG (CO/2105/2017)
28th November 2017
The High Court has quashed (by consent) the decision of an Inspector to grant planning permission for 14 residential units on land at Barnside, Hook Lane, Aldingbourne, West Sussex.
Important air quality judgment handed down – Gladman Developments Ltd v SSCLG & CPRE (Kent)  EWHC 2768 (Admin.)
7th November 2017
Yesterday, the High Court (Supperstone J) rejected a claim by Gladman Developments Ltd, which sought to quash the decision of Inspector Clews to refuse planning permission for 140 new homes....
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
Double Hat-trick and Valued Landscapes
20th October 2017
Double Hat-trick and Valued Landscapes
Yesterday's decision of Inspector Fagan to dismiss an appeal by Gladman Developments Ltd, against the decision of Braintree DC to refuse planning permission for up to....
Challenge to refusal of planning permission on air quality grounds
19th October 2017
The High Court (Supperstone J) has today reserved judgment after two days of oral argument in Gladman Developments Ltd v SSCLG & CPRE (Kent).
Gladman challenged the decision of an Inspector....
Court of Appeal to define the scope of the Commons Act 2006
4th October 2017
The Court of Appeal (Jackson, Lindblom and Thirwall LJJ) will today begin to hear three days of argument in the co-joined appeals of Jones v NHS Property Services Ltd and....
Housing scheme refused in-spite of 3-year land supply
11th September 2017
Ashley Bowes and John Fitzsimons have successfully represented Braintree District Council to resist an appeal for 65 residential units at Finchingfield Road, Steeple Bumpstead, Essex.
The Inspector accepted the Council's submission....
Housing and Business Scheme Refused in Spite of Land Supply Shortfall
13th July 2017
Ashley Bowes and pupil barrister Liam Wells have successfully represented Braintree District Council to resist an appeal for 98 residential units, 8 self-build plots and a business hub at West....
High Court clarifies meaning of residential curtilage
23rd June 2017
Estelle Dehon and Ashley Bowes have successfully represented the Secretary of State for Communities & Local Government and Test Valley Borough Council respectively, in the most recent consideration by the....
Assessing Openness and Weighing Housing Need in the Green Belt
21st June 2017
Ashley Bowes has successfully represented Waverley Borough Council to resist a development of up to 20 new dwellings in the Green Belt in Surrey following a two-day public inquiry.
Fracking cases to be heard by Court of Appeal
8th June 2017
Jackson LJ has granted Preston New Road Action Group and Gayzer Frackman permission to appeal to the Court of Appeal. Dove J had previously dismissed their challenges to the Secretary....
Supreme Court re-defines the scope of NPPF in relation to 5 year housing land supply
10th May 2017
Court of Appeal approach to "policies of the supply of housing" overturned
In a dramatic and far-reaching judgment, the Supreme Court has overturned the received wisdom on the vexed question of....
High Court dismisses challenges to fracking in Lancashire
12th April 2017
Judgment was handed down today in the High Court challenge to the first decision by the Secretary of State concerning hydraulic fracturing. The challenge was brought by two claimants: a....
Ashley Bowes Successfully Defends Housing Figure
28th March 2017
Ashley Bowes has successfully represented Charnwood Borough Council to resist an appeal for 195 new units on a Greenfield site at Seagrave Road, Sileby, Leicestershire.
The Inspector dismissed the appeal on....
Government’s approval for high volume hydraulic fracturing challenged in Court
14th March 2017
Today sees the beginning of three days of legal argument in the co-joined cases of Preston New Road Action Group v Secretary of State for Communities and Local Government and....
A return to “garden grabbing”? Court of Appeal to consider whether some private residential gardens are brownfield land
9th March 2017
Today the Court of Appeal (Gloster and Lewison LJJ) will hear the appeal in Dartford Borough Council v Secretary of State for Communities and Local Government.
Dartford Borough Council are appealing....
Cornerstone Barristers in Supreme Court Planning Case
22nd February 2017
Jonathan Clay and Ashley Bowes will be appearing today and tomorrow for Suffolk Coastal District Council in the co-joined appeals of Suffolk Coastal DC v Hopkins Homes Ltd and Cheshire....
Ashley Bowes secures possession order over 200 acre development site
31st January 2017
Ashley Bowes has secured an order for possession on behalf of the landowners to enable the expeditious completion of Peter's Village, a 1,000 home strategic residential site on the east....
Journal of Planning & Environment Law
25th January 2017
James Findlay QC, Tom Cosgrove and Ashley Bowes have written articles for the latest edition of the Journal of Planning & Environment Law.
James has co-written an article on housing delivery....
Ashley Bowes successfully resists housing appeal in crucial test of new Core Strategy
18th January 2017
Ashley Bowes has successfully represented Charnwood Borough Council to resist an appeal for 70 units outside the settlement limits of Loughborough. The Inspector upheld the Council's decision to refuse planning permission....
Legal challenges to fracking planning decisions
21st November 2016
Last week, two sets of legal proceedings were issued challenging decisions by the Secretary of State relating to hydraulic fracturing proposals in Lancashire.
Preston New Road Action Group ("PNRAG") issued an....
Government grants permission for fracking in Lancashire
6th October 2016
In a landmark decision the Secretary of State for Communities and Local Government has today granted planning permission for shale gas fracking (hydraulic fracturing) at a site in Lancashire.
The Oil and Gas Authority Becomes an Independent Regulator
4th October 2016
As of 1 October 2016, the Oil and Gas Authority (OGA) became the independent regulator for offshore and onshore oil and gas operations in the United Kingdom. The Cornerstone Hydrocarbon....
High Court rejects challenge to refusal of planning permission for 650 homes in Cheltenham
5th September 2016
Mr Justice Holgate has refused Bovis Homes and Miller Homes permission to proceed to challenge the decision of the Secretary of State to withhold planning permission for 650 new homes....
Court of Appeal to re-consider statutory incompatibility doctrine in village green cases
22nd August 2016
Ashley Bowes has secured permission to appeal for Mr Tim Jones, a local resident, against the judgment of Mr Justice Gilbart in NHS Property Services Ltd v Surrey County Council  EWHC 1715 (Admin.)
Garden Grabbing Case To Be Heard By The Court Of Appeal
17th August 2016
Ashley Bowes has secured permission for Dartford Borough Council to appeal the decision of the High Court in January, which held that residential gardens outside the "built-up area" are previously....
Cornerstone team wins permission to appeal to Supreme Court in leading housing case
12th July 2016
The Supreme Court has granted permission to Suffolk Coastal District Council and Cheshire East Council to appeal the landmark decision of the Court of Appeal in the case of Suffolk Coastal D.C. v Hopkins Homes and Richborough Estates Partnership LLP v Cheshire East Borough Council.
Brexit: Planning and the Environment Outside the EU
6th July 2016
The UK vote to leave the European Union raises significant questions around the potential impact on our domestic legislation.
EU law is deeply embedded in our planning and environmental protection regimes.....
Cornerstone Barristers advise on voluntary right to buy scheme
4th July 2016
Kelvin Rutledge QC and Ashley Bowes were instructed by the Future Housing Review to provide an analysis of the legal implications of the Government's Manifesto pledge to extend the statutory....
Inside Housing - Housing associations could be vulnerable to judicial review if they refuse to sell tenants the homes they are living in under the extended Right to Buy
22nd June 2016
Inside Housing has published an article which considers a legal opinion by Kelvin Rutledge QC and Ashley Bowes. The legal opinion commissioned by Future Housing Review, states that there is....
Affordable housing policy exclusions small sites, and vacant building credit
16th May 2016
On Wednesday 11th May the Court of Appeal allowed the Government's appeal on all four grounds against Mr Justice Holgate's judgment in West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government  EWHC 2222 (Admin).
Council lawfully refused to consider post-enforcement notice planning application
13th May 2016
The High Court has refused permission for a developer to bring judicial review proceedings against South Cambridgeshire District Council's decision to refuse to consider a planning application. The application sought planning permission for part of an office building subject to a pre-existing enforcement notice.
Secretary of State dismisses appeal for 650 homes at Leckampton, Cheltenham
9th May 2016
The Secretary of State agreed with his Inspector that the harm (principally to the valued landscape and transport network) would significantly and demonstrably outweigh the "substantial" benefits of the scheme.
Daily Telegraph - Protected green belt could be developed after minister's ruling
13th April 2016
Ashley Bowes has been quoted in an article in the Daily Telegraph about a landmark ruling which saw the Communities Secretary give permission for the development of 1,500 new homes on....
DCLG policy shift on Green Belt?
4th April 2016
On 31 March 2016 the Secretary of State granted outline planning permission for 1,500 units at Perrybrook, Brockworth, Gloucestershire.
Transcript now available in significant brownfield land judgment
30th March 2016
The transcript of the judgment of Charles George QC (sitting as Deputy High Court Judge) has now become available in Dartford Borough Council v SSCLG  EWHC 635 (Admin.).
Court of Appeal clarifies meaning of “policies for the supply of housing” at paragraph 49 NPPF
17th March 2016
In joined appeals Hopkins v SSCLG and Cheshire East DC v SSCLG  EWCA Civ  the Court of Appeal considered the scope of paragraph 49 NPPF, which is engaged where a Council cannot demonstrate a five-year supply of deliverable housing sites in accordance with paragraph 47 NPPF.
Cornerstone Barristers in fracking inquiry underway in Lancashire
9th February 2016
The appeal brought by Cuadrilla against the decisions of Lancashire County Council to refuse planning permission for fracking developments in Lancashire has started this morning in Blackpool.
Cornerstone Barristers' Estelle Dehon....
LexisNexis Webinar - Regulatory aspects of fracking
29th January 2016
Estelle Dehon and Ashley Bowes have co-presented a webinar on fracking regulation and planning law for LexisNexis. The webinar provides practical guidance on a range of issues including:
The licensing regime....
Journal of Planning and Environment Law - As of Right?: Where are we now?
21st January 2016
Ashley Bowes has written an analysis of the decisions of the Supreme Court in Barkas v North Yorkshire CC and Newhaven Port & Properties v East Sussex CC and the High....
High Court holds that some residential gardens are brownfield land
21st January 2016
Ashley Bowes, of Cornerstone Barristers who acted for Dartford BC in the case comments:
Local Government Lawyer - Planning Court to hear key case on residential gardens and brownfield land
19th January 2016
Local Government Lawyer has reported on the case of Dartford Borough Council v Secretary of State for Communities and Local Government (CO/4129/2015) which concerns whether private residential gardens can be considered brownfield....
A return to “garden grabbing”? Planning Court to consider whether some private residential gardens are brownfield land.
19th January 2016
On Tuesday, the Planning Court will hear arguments in the case of Dartford Borough Council v Secretary of State for Communities and Local Government (CO/4129/2015). Dartford Borough Council are seeking to quash the decision of an Inspector, which found that only residential gardens "in built up areas" are greenfield land, whereas others, in the countryside, are previously developed land (commonly known as "brownfield").
Court of Appeal considers what are “policies for the supply of housing
14th January 2016
The Court of Appeal will today and tomorrow hear arguments in the joined appeals of Hopkins Homes Ltd v SSCLG and Cheshire East BC v SSCLG.
Secretary of State agrees to quash grant of planning permission for residential scheme in Dartford
3rd December 2015
Dartford Borough Council v Secretary of State for Communities and Local Government (CO/4454/2015)
Government to have final say on Lancashire fracking sites
27th November 2015
The Secretary of State for Communities and Local Government yesterday informed Lancashire County Council that the final decision on planning appeals concerning two fracking sites in Lancashire will be made....
Ashley Bowes speaks at RTPI East of England Annual Planning Law Update
4th November 2015
Ashley Bowes is speaking at the RTPI East of England Annual Planning Law Update taking place at Downing College, Cambridge, on Friday 6th November.
Ashley will be presenting a case law....
Cornestone Barristers acts for local resident in successful village green application
29th September 2015
Ashley Bowes has successfully represented a local resident, Mrs Flip Cargill, to register Leach Grove Woods, Leatherhead, Surrey as a new village green. Despite their Inspector William Webster having concluded....
Cornerstone Barristers instructed on major fracking planning appeals in Lancashire
28th September 2015
Four members of Cornerstone Barristers have been instructed in the UK's first planning appeals in respect of proposals to develop wells and associated works to carry out high volume hydraulic fracturing (fracking) at two sites in Lancashire.
Guildford Borough Council grants one of the first Sex Entertainment Venue licenses in Surrey
27th August 2015
Guildford Borough Council Licensing Sub-Committee today resolved to grant Star Oyster Limited a Sex Entertainment Venue ("SEV") license for its new premises on Bridge Street in Guildford town centre
Dr Ashley Bowes joins Cornerstone Barristers
20th August 2015
We are very pleased to announce that Dr Ashley Bowes has joined Cornerstone Barristers from Guildford Chambers.
Fracking planning applications set to rise with new licences offer
20th August 2015
The UK Oil and Gas Authority's announcement this week concerning the offering of new fracking licences is further evidence of the government's commitment to shale gas production. This, combined with plans to fast-track fracking applications, could mean that local councils will soon find themselves under pressure to respond quickly to an increasing number of planning applications.
Homelessness Reduction Bill Seminar
20th April 2017
Cornerstone Barristers invites you to a morning seminar on the Homelessness Reduction Bill.
Kelvin Rutledge QC, Matt Hutchings QC and Matt Lewin from the Cornerstone Housing Team will consider the key....
Cornerstone Annual Planning Day 2016
7th November 2016
Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016.
The day will be hosted by Cornerstone....
West Midlands Planning Seminar (Public Sector)
26th September 2016
Cornerstone Barristers and Birmingham City Council invite you to the West Midlands Planning Law Seminar taking place on Monday 26th September at 43 Temple Row, Birmingham, B2 5LS.
Aimed at local....
Birmingham Private Planning Seminar
19th September 2016
Autumn approaches. After the tumultuous events of this year it is time to take stock and to examine what the future may have in store for the planning system and....