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Philip Kolvin

Dr Ashley Bowes

Called
2013
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020 7242 4986
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Daniel Gatt
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Dr Ashley Bowes specialises in all aspects of the development and use of land, including planning, property, licensing and local government law.

He is a member of the Attorney General's C Panel of Junior Counsel to the Crown, in which capacity he represents the UK Government in his areas of specialism and was  shortlisted by Chambers & Partners as Environment/Planning Junior of the Year 2018.

Ashley is  the General Editor of Sweet & Maxwell's Journal of Planning & Environment Law  and the author of Oxford University Press's textbook, A Practical Approach to Planning Law , aswell as being  a contributor to Butterworths Planning Law Service  and to the Routledge Handbook of Comparative Planning Law.

In 2019, Ashley was co-opted to the Planning & Environment Bar Association Committee. 

 "Technically brilliant with helpful sangfroid"

Legal 500 (2020)

"An expert on village greens, commons and rights of way"

The Legal 500 2020

"A really good lawyer who has an encyclopaedic knowledge of case law, good judgment and a tactical sense"

Chambers and Partners 2020

Ranked as one of the "highest rated planning juniors under 35"

Planning Magazine Planning Law Survey 2019

Dr Ashley Bowes specialises in all aspects of the development and use of land, including planning, property, licensing and local government law.

He was called to the Bar in 2013 as a Prince of Wales Scholar by Gray's Inn and holds a Ph.D. in law. He brings his industry experience of being a member of a local authority,  running a consultancy and lecturing in property law to provide the highest quality advocacy and advisory service. He particularly enjoys working as part of a team with a diverse range of clients including developers, local authorities, landowners and residents' groups.

Ashley provides legal and strategic advice at every stage of the development consent process: from navigating local plan examinations, handling access and restrictive covenant issues, through to contested planning inquiries and onto litigation in the courts.

He has significant experience of litigation in those sectors at all levels of court, including to the Supreme Court. He is a member of the Attorney General's C Panel of Junior Counsel to the Crown, in which capacity he represents the UK Government in his areas of specialism.

Ashley is also the General Editor of Sweet & Maxwell's Journal of Planning & Environment Law , the author of Oxford University Press's textbook A Practical Approach to Planning Law , aswell as being a contributor to Butterworths Planning Law Service to the Routledge Handbook of Comparative Planning Law.

 He is also the author of the planning law commentary for Westlaw's Insight service. His opinion on planning law and practice is often sought by the industry press,  recently by The Daily Telegraph  and Estates Gazette. 

  • "He gives very pertinent advice in a very approachable manner and is also a polite and incisive cross-examiner." "A really good lawyer who has an encyclopaedic knowledge of case law, good judgement and a tactical sense." Chambers and Partners 2020
  • "An expert on village greens, commons and rights of way." Legal 500 2020
  • "Technically brilliant, with helpful sangfroid" Legal 500 2020
  • "He comes from an academic background and he has a great knowledge of the area. He is very cool under pressure." Chambers and Partners 2019
  • "He is a rising star - incredibly talented and has a huge capacity to deliver" Chambers & Partners (2019) (London Planning Bar) 

  • "Technically excellent and user friendly" Legal 500  (2019) (London Planning Bar) 
  • "Leading Junior [whose] background prior to joining the Bar shows he has a rounded understanding of planning issues." Legal 500 (2015) "Construction, Planning and Environment" (Regional Bar, South Eastern Circuit) 

Overview

Ashley acts for developers, local authorities, landowners and residents' groups from the planning application stage, through public inquiries and on to litigation in the courts.  

His recent work this last year has seen a particular focus on the issues arising from residential schemes,  determining housing land supply, residential development on the Green Belt, promoting sites through local plan examination and the application of the presumption in favour of sustainable development: 

Supreme Court

  • Appaering in the co-joined appeals of NHS Property Services Ltd v Jones & Lancashire County Council v Secretary of State for the Environment, Food & Rural Affairs, which considered the twin issues of whether public authorities holding land for their statutory purporses are exempt from registration as a town or village green under the Commons Act 2006, and whether toleration by such a public authority amounts to permission to use the land. 

  • Appearing in the first case before the Court to consider the National Planning Policy Framework (NPPF) and its "presumption in favour of sustainable development" (with Jonathan Clay) Suffolk Coastal DC v Hopkins Homes Ltd Richborough Estates Partnership LLP v Cheshire East BC  [2017] UKSC 37, [2017] 1 WLR 1865, [2017] 4 All ER 938, [2017] PTSR 623. Ashley and Jonathan were successful in persuading the Court to adopt the "narrow" approach to paragraph 49 NPPF, contrary to appraoch of the High Court, Court of Appeal and the Secretary of State himself, although the appeals were dismissed on their individual facts. 

Court of Appeal

  • Appearing in a case concerning the powers of a planning authority considering a retrospective application for planning permission: Hook v Secretary of State for Housing, Communities & Local Government  (to be heard in January 2020).

  • Appearing successfully in the first case before the Court of Appeal to consider how air quality should be considered in the planning system: Gladman Developments Ltd v Secretary of State for & Local Government  [2019] EWCA Civ 1543.

  • Appearing successfully in the Court of Appeal in test case concerning whether land held by public authorities and the NHS was exempt from registration as new village green. The Court's descision preserved an open space in Surrey for local people to use: Jones v NHS  Property Services Ltd  [2018] EWCA Civ. 721; [2018] 2 P. & C.R. 15.

  • Appearing in the Court of Appeal on the meaning of "new isolated homes in the countryside" as it appears at paragraph 55 NPPF: Braintree DC v SSHCLG  [2018] EWCA Civ. 610; [2018] 2 P & CR 9; [2018] J.P.L. 1036.

  • Appearing in the Court of Appeal in a case concerning the meaning of "previously developed land" (otherwise known as "brownfield" land) within the NPPF: Dartford Borough Council v SSCLG [2017] EWCA Civ. 141, [2017] PTSR 737; [2017] 2 P & CR 9.

  • Appearing in the Court of Appeal  in the first legal challenge to the Secretary of State's decision to grant  planning permission for high-volume hydraulic fracturing (otherwise known as "fracking") (with David Wolfe QC) Preston New Road Action Group & Frackman v SSCLG  [2018] EWCA Civ. 9; [2018] Env. L.R. 18; [2018] J.P.L. 807.

  • Appearing in the Court of Appeal (with Jonathan Clay) in the co-joined appeals concerning the meaning of "policies for the supply of housing" at pargrpah 49 NPPF and, in essence, the effect of a lack of a five-year supply of housing: Suffolk Coastal DC v Hopkins Homes Ltd & Richborough Estates Partnership LLP v Cheshire East BC  [2016] EWCA Civ 168; [2017] 1 All E.R. 1011; [2016] P.T.S.R. 1315; [2016] 2 P. & C.R. 1; [2016] J.P.L. 890

High Court 

  • Appearing successfully for the developer that there is no power in the GPDO to exend time to determine a prior approval application under Part 3: Warren Farm (Wokingham) Limited v Wokingham Borough Council [2019] EWHC 2007 (Admin).

  • Appaering successfully for the council to argue that where a material change in use is alleged, and inspector must consider that even if it is not alleged on the enforcement notice: Brent LBC v Secretary of State for Housing, Communities and Local Government [2019] EWHC 1399 (Admin).

  • Appearing for the claimant in Barlow v Secretary of State for Housing, Communities & Local Government [2019] EWHC 146, which establishes the standard of procedural fairness required for a third party to a planning appeal inquiry.

  • Appearing successfully for the landowner to secure the quashing of registratio of their land as a village green:  R. (on the application of Cotham School) v Bristol City Council [2018] EWHC 1022 (Admin).

  • Appearing for the claimant in R. (on the application of KP JR Management Co Ltd) v Richmond upon Thames LBC [2018] EWHC 84 (Admin) 24 which establishes that use of houseboats on the River Thames for residential purporses require planning permission.

  • Appearing successfully for the council to resist a challenge to the dismissal of an appeal in a case which summarises the law on residential curtilage: Burford v Secretary of State for Communities and Local Government [2017] EWHC 1493 (Admin).

Planning Inquiries 

  • Successfully appearing in seven consecutive planning appeals for local planning authorities since January 2017: 

    • For South Cambridgeshire District Council & Braintree District Council to justify full affordable housing contributions in a park home and an a retirement scheme (APP/W0530/X/17/3183811 & APP/Z1510/W/17/3188192). 
    • For Braintree District Council to resist an 80 unit residential scheme, inspite of a housing land supply shortfall. The Inspector accepted that the harm to significance of the Grade I listed Church and Grade II listed farm buildings was not outweighed by the public benefits of the scheme. He also found the public benefits of the scheme did not outweigh the harm to the valued landscape. The appeal concerned Land off Wethersfield Road, Finchingfield, Essex (APP/Z1510/W/17/3172575). 
    • For Braintree District Council to resist a 65 residential scheme, inspite of a 3.1 years' land supply. The Inspector accepted that the harm to the valued landscape dis-engaged the "tilted balance" by operation of footnote 9 and paragraph 109 NPPF, but ultimately found the harm to the Grade II listed chruch and conservation area was not outweighed by the public benefits of the housing scheme. The appeal concerned Land off Finchingfield Road, Steeple Bumpstead, Essex (APP/Z1510/W/17/3173352).  
    • For Braintree District Council to resist a 98 residential unit, 8 self built plot and business hub scheme, inspite of a housing land supply shortfall. The appeal concerned Land at West Street, Coggeshall, Essex (APP/Z1510/W/16/3160474). 
    • For Waverley Borough Council to resist a 20 unit residential scheme on a previously develoepd former nursery site in the Green Belt. The appeal concerned Land at Wheeler Street Nurseries, Wheeler Lane, Whitley, Godalming, GU8 5QP (APP/R3650/W/16/3163050) and is reported in full here [2017] 10 JPL 1208-1219.
    • For Charnwood Borough Council to defend its housing requirement against a new OAN figure in a public inquiry concerning 195 units. The appeal was dimsised on all grounds. The Inspector accepted the Council's interpretation of its Core Strategy policies and found its saved Local Plan policies to be consistent with the NPPF. The appeal concerned Land at Seagrave Road, Sileby, Leicestershire: (APP/X2410/W/16/3152082) and is reported in full here [2017] 7 JPL 769-781.
    • For Charnwood Borough Council in an early test of its recently adopted Core Strategy in a public inquiry concerning 74 units. The appeal was dimsissed on all grounds. Crucially, the Inspector also prefered the Council's housing land supply evidence to find a 5.26 years' supply, securing the spatial distribution strategy for Charnwood. The appeal concerned Land at Nanpanton Road, Loughborough, Leicestershire: APP/X2410/W/15/3028159 and is reported in full here [2017] 5 JPL 562-570.
  • Appearing in the first high volume hydraulic fracturing ("fracking") project to be considered by the Secretary of State following a five-week long public inquiry. The appeal concerned Land at Little Pumpton Farm, Preston New Road, Preston (APP/Q2371/W/15/3134386) and is reported in full here [2017] 2 JPL 209-230. 

  • Appearing for Elmbridge Borough Council to successfully resist 1,024 new residential units together with a community hub, primary school, medical centre, dentist, pharmacy, local supermarket, pub/restaurant, offices and associated parking at Drake Park, Fieldcommon Lane, Molesey, within the Surrey Green Belt (APP/K3605/W/17/3172429). 

Local Plan Examinations 

Promoting and resisting sites in the following Local Plan Examinations: 

  • Rugby 
  • Arun 
  • Basingstoke & Deane 
  • Horsham 
  • Wealden 

Cases

Court of Appeal rules on air quality considerations in planning appeals
13.09.2019

Gladman Developments Ltd v SSCLG & CPRE (Kent) [2019] EWCA Civ 1543

....

Tweaked Standard Method approved for Housing Land Supply Calculation
20.08.2019
In a decision issued yesterday, an Inspector approved the use of a variant to the standard method for the purpose of calculating housing land supply in South Lakeland District. Whilst the....

High Court finds there is no power to extend time for agri-resi prior approval determinations under the GPDO
01.08.2019

Warren Farm (Wokingham) Limited v Wokingham Borough Council [2019] EWHC 2007 (Admin)

....

Can parties agree to extend time for determination of prior approval applications?
09.04.2019
The High Court has granted permission for a property developer to seek judicial review of a Council's refusal of a prior approval application, outside the time period specified in the....

Important clarity on “clear evidence” to demonstrate housing land supply
28.03.2019
Last summer, the NPPF was substantially amended to require stricter evidence to demonstrate a five-year housing land supply. The NPPF now provides that sites for 'major development' (10 or more units)....

How can developers avoid procedural unfairness pitfalls?
04.02.2019

Barlow v Secretary of State for Housing, Communities & Local Government [2019] EWHC 146

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Harm to Surrey Hills AONB outweighs contribution to housing shortfall
16.01.2019
An Inspector has refused permission for 27 new homes, partly within the Surrey Hills AONB and an Area of Great Landscape Value at Longdene House, Hedgehog Lane, Haslemere, in-spite of....

Supreme Court to decide when publically held land is registerable as a village green
07.11.2018
The Supreme Court has granted permission to appeal against the decision of the Court of Appeal in the co-joined appeals of Timothy Jones v NHS Property Services Ltd & R(Lancashire....

Lack of valued landscape no bar to refusal of planning permission
04.10.2018
In a sweeping success for Charnwood Borough Council, a planning Inspector has upheld their refusal of planning permission on all grounds for a 66-unit scheme in the rural Leicestershire village....

Council justified in seeking £800k price tag for retirement scheme
24.07.2018
An Inspector has upheld Braintree District Council's decision to refuse permission for a retirement scheme, partly on the basis that the developer had failed to provide a policy driven affordable....

Mobile home scheme did trigger affordable housing contribution
11.07.2018
An Inspector has decided that an affordable housing policy which required "proposals for new housing development" to provide an affordable housing contribution, did apply to a proposal for 20 new....

Secretary of State rejects new village in the Surrey Green Belt
31.05.2018
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,....

Inspector’s Preliminary Findings into Rugby Local
17.05.2018
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
03.05.2018
In R(Cotham School) v Bristol City Council [2018] EWHC 1022 (Admin.) the High Court was asked to consider whether Bristol City Council had acted unlawfully by departing from the recommendation....

Second Respondents’ costs in permission hearings for s. 289 planning appeals: Bolton beats Mount Cook
23.04.2018
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
16.04.2018
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”
28.03.2018
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....

Do houseboats need planning permission?
29.01.2018
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
15.01.2018

Preston New Road Action Group & Frackman v Secretary of State for Communities & Local Government [2018] EWCA Civ 9

....

Court of Appeal grants permission to appeal to consider meaning of “new isolated homes in the countryside”
11.01.2018
The Court of Appeal has granted permission to appeal against the decision of Lang J in Braintree DC v SSCLG [2017] 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)
28.11.2017
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. The proposal....

Important air quality judgment handed down – Gladman Developments Ltd v SSCLG & CPRE (Kent) [2017] EWHC 2768 (Admin.)
07.11.2017
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....

Double Hat-trick and Valued Landscapes
20.10.2017
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
19.10.2017
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
04.10.2017
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
11.09.2017
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
13.07.2017
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
23.06.2017
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
21.06.2017
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. The decision....

Fracking cases to be heard by Court of Appeal
08.06.2017
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
10.05.2017
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
12.04.2017
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
28.03.2017
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
14.03.2017
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
09.03.2017
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
22.02.2017
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
31.01.2017
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....

Legal challenges to fracking planning decisions
21.11.2016
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
06.10.2016
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 Secretary....

High Court rejects challenge to refusal of planning permission for 650 homes in Cheltenham
05.09.2016
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
22.08.2016

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 [2016] EWHC 1715 (Admin.)

....

Garden Grabbing Case To Be Heard By The Court Of Appeal
17.08.2016
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
12.07.2016

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.

....

Council lawfully refused to consider post-enforcement notice planning application
13.05.2016

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
09.05.2016

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.

....

DCLG policy shift on Green Belt?
04.04.2016

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
30.03.2016
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 [2016] EWHC 635 (Admin.). The Court....

Court of Appeal clarifies meaning of “policies for the supply of housing” at paragraph 49 NPPF
17.03.2016

In joined appeals Hopkins v SSCLG and Cheshire East DC v SSCLG [2016] EWCA Civ [168] 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.

....

High Court holds that some residential gardens are brownfield land
21.01.2016

Ashley Bowes, of Cornerstone Barristers who acted for Dartford BC in the case comments:

....

A return to “garden grabbing”? Planning Court to consider whether some private residential gardens are brownfield land.
19.01.2016

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
14.01.2016

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
03.12.2015

Dartford Borough Council v Secretary of State for Communities and Local Government (CO/4454/2015)

....

Government to have final say on Lancashire fracking sites
27.11.2015
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....

Cornestone Barristers acts for local resident in successful village green application
29.09.2015
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
28.09.2015

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.

....

News

Jonathan Clay and Dr Ashley Bowes will appear in the Supreme Court next week
12.07.2019

Timothy Jones v NHS Property Services Ltd & R(Lancashire County Council) v Secretary of State for Environment, Food and Rural Affairs [2018] EWCA Civ. 721

....

Nominations for the 2018 Chambers Bar Awards
05.09.2018
We are very proud to announce that Dr Ashley Bowes has been shortlisted as Junior of the Year by Chambers and Partners under the planning and environment category. The winners will be....

Leisure Sector News Round-up
21.05.2018
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....

Response to the Housing, Communities and Local Government Committee's inquiry on fracking
24.04.2018
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....

Prime Minister launches NPPF consultation. Will it deliver on promises?
06.03.2018
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....

Journal of Planning & Environment Law
25.01.2017
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....

Brexit: Planning and the Environment Outside the EU
06.07.2016
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
04.07.2016
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
22.06.2016
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
16.05.2016

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 [2015] EWHC 2222 (Admin).

....

Daily Telegraph - Protected green belt could be developed after minister's ruling
13.04.2016
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....

Cornerstone Barristers in fracking inquiry underway in Lancashire
09.02.2016
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
29.01.2016
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?
    21.01.2016
    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....

    Local Government Lawyer - Planning Court to hear key case on residential gardens and brownfield land
    19.01.2016
    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....

    Ashley Bowes speaks at RTPI East of England Annual Planning Law Update
    04.11.2015
    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....

    Dr Ashley Bowes joins Cornerstone Barristers
    20.08.2015

    We are very pleased to announce that Dr Ashley Bowes has joined Cornerstone Barristers from Guildford Chambers.

    ....

    Events

    Annual Planning Day 2019 - Practical Answers
    04.11.2019

    1
    Aimed at planning consultants and developers, the conference will specifically focus on providing practical answers to the biggest questions in planning law, as well as a look at what the....

    Cornerstone Barristers Annual Planning Day 2018
    05.11.2018

    1
    Delivering sustainable growth in a time of change Aimed at planning consultants and developers, the conference will specifically focus on providing practical guidance on the latest developments in planning law. Our barristers....

    Cornerstone Annual Planning Day 2016
    07.11.2016


    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)
    26.09.2016

    2
    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
    19.09.2016

    2
    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....

    Overview

    As part of a full development service, Ashley frequently advises on property matters which arise out of the development of land.

    Ashley has experience across a wide range of property litigation matters, appearing before the High Court and County Court as well as various specialist tribunals and inquiries in the following matters:

    • Restrictive covenants
    • Easements
    • Adverse possession
    • Land option agreements
    • Boundary disputes
    • Common land
    • Village greens
    • Rights of way
    • Possession of land

    His recent work includes:

    • Successfully securing a possession order over a 200-acre site to enable a 1,000 unit strategic residential scheme at Peter's Village, Medway, Kent to proceed. 
    • Advising on use of restrictive covenants to resist implementation of planning permissions. 
    • Advising on the scope of a right of way needed to implement the conversion of an agricultural stable  to residential units. 
    • Advising a London authority on obtaining possession of land, and resisting an adverse possession application.
    • Advising a developer on access issues to land by utilising implied easements and easements created by prescription.

    Village Greens and Commons
    Ashley has developed a particular specialism in this area of property law. He has appeared for promoters and objectors alike. He has been classified by barrister inspectors as "an expert in this area of the law" (Village Green Inquiry Report, Leach Grove Woods, 2015 para.12). He is also the author of the village green chapter in Oxford University Press' A Practical Approach to Planning Law textbook, as well as a number of published articles on the subject.

    He was commended by Mr Justice Holgate in R(Tadworth & Walton Residents' Association) v SSEFRA [2015] EWHC 972 (Admin.) for his conduct of a common land inquiry and subsequent judicial review at [98]: "... I do not think that [the Claimants'] interests could have been better advanced than by the untiring efforts of Dr Bowes."

    His recent work includes:

    • Appearing succesffully in the Court of Appeal in test case concerning whether land held by public authorities and the NHS was exempt from registration as new village green. The Court's descision preserved an open space in Surrey for local people to use: Jones v NHS Property Services Ltd [2018] EWCA Civ. 721. Ashley will appear in the onward appeal by the NHS to the Supreme Court, to be heard on 16-17 July. 

    • Appearing successfully in the High Court to challenge the registration of school playing fields, contrary to an Inspector's recommendation, in Bristol (with Richard Ground QC) - R(Cotham School) v Bristol City Council  [2018] EWHC 1022 (Admin.) 

    • Appearing in a test case on the meaning of implied permission (Naylor v Essex CC – [2014] EWHC 2560 (Admin.).[2015] JPL 217).

    • Successfully appearing for a residents' group in Leatherhead to register Leach Grove Woods a new village green following a contested public inquiry.

    • Successfully acting for a local inhabitant to scure the removal of roping excluding him and others from engaging in lawful sports and pastimes over a registered village green.

    • Successfully appearing for a residents' group in Buckinghamshire to register Bryant's Bottom Fields as a new village green following a contested public inquiry.

    • Advising a local authority on appropriating land to "planning purporses" in to override the Victorian legislation protecting village greens so as to enable the construction of a new cricket pavillion. 

    • Acting for a landowner in a rare claim for private nuisance arising out of landowner's obstruction of inhabitants' rights of recreation over a village green. 

    Cases

    Landmark Court of Appeal judgment on use of publicly held land
    16.04.2018
    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,....

    News

    Dr Ashley Bowes joins Cornerstone Barristers
    20.08.2015

    We are very pleased to announce that Dr Ashley Bowes has joined Cornerstone Barristers from Guildford Chambers.

    ....

    Events

    Cornerstone Annual Planning Day 2016
    07.11.2016


    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....

    Overview

    Ashley advises and represents local authorities, responsible authorities, the licensed trade and objectors on all licensing matters, including alcohol and public entertainment, gambling, sex licensing, taxis and private hire.

    He has significant experience appearing before Licensing Sub-Committees and on appeal before Magistrates' Courts:

    Recently he has:

    • Successfully appeared for Newark & Sherwood District Council to resist an appeal against a rare immediate revocation of a taxi and private license. The appeal was dismissed with costs: King v Newark & Sherwood DC (7 April 2016) 

    • Successfully appeared for Warwick District Council to resist an appeal against a revocation of a taxi and private license. The appeal was dismissed with costs: Ahmed v Warwick DC  (28 March 2017)

    • Successfully appeared for a night-club owner to obtain the first sex entertainment venue license in Guildford in Surrey.

    • Successfully represented the Guildford Hackney Carriage Association to persuade Guildford Borough Council not to alter its fare calculator.

    Ashley has also chaired Licensing Sub-Committees determining premises and taxi licensing applications. 

    Cases

    Guildford Borough Council grants one of the first Sex Entertainment Venue licenses in Surrey
    27.08.2015

    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

    ....

    News

    Leisure Sector News Round-up
    21.05.2018
    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....

    Betting industry bracing over new government consultation on gambling
    31.10.2017

    Betting industry bracing over new government consultation on gambling

    ....

    Dr Ashley Bowes joins Cornerstone Barristers
    20.08.2015

    We are very pleased to announce that Dr Ashley Bowes has joined Cornerstone Barristers from Guildford Chambers.

    ....

    A Practical Approach to Planning Law, Oxford University Press

    15th March 2019

    Ashley is the author of the 14th edition of A Practical Approach to Planning Law (Oxford University Press). 

    The new edition explores key new pieces of primary legislation, including the Neighbourhood Planning Act 2017 and the Housing and Planning Act 2016. It also covers new case law from the Supreme Court and Court of Appeal that has shaped field since the previous edition.

    The book will be published in July 2019. 

    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 no legal barrier to prevent a housing association exempting its entire portfolio under the extended Right to Buy scheme, providing it adopts a policy explaining why the homes should not be sold. The opinion notes that tenants may have grounds to judicially review the decision to exclude their property.

    Click here to read the opinion.

    Journal of Planning and Environment Law - Are all considerations equal?

    1st May 2016

    'Are all considerations equal? A muse on materiality' [2016] 5 JPL 443 (with James Findlay QC).

    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 green belt land near Gloucester.

    Click here to read the full article.

    Journal of Planning and Environment Law - As of Right

    1st February 2016

    '"As of Right" where are we now?' [2016] 2 JPL 123.

    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 with the Department for Energy and Climate Change and Environmental permitting
    • The planning process and policy
    • Environmental Impact Assessments – at both permitting and planning stages
    • Monitoring

    Estelle and Ashley regularly advise on major energy infrastructure projects and are currently acting in a series of planning appeals concerning highly contentious fracking sites in Lancashire.

    To view the webinar, register on the LexisNexis website.

    Public Law - The Localism Act 2011 and the General Power of Competence

    1st July 2014

    'The Localism Act 2011 and the General Power of Competence' [2014] Public Law (Jul) 373 (with Dr John Stanton)

    Journal of Planning and Environment Law - Determining a neighbourhood area

    1st August 2013

    'Determining a neighbourhood area' [2013] 8 JPL 926.

    Journal of Planning and Environment Law - "As of Right" the current conceptual crisis in the public law of prescription post Barkas

    1st May 2013

    '"As of Right" the current conceptual crisis in the public law of prescription post Barkas' [2013] 5 JPL 495.

    Journal of Planning and Environment Law - Delivering Housing Need

    1st October 2012

    'Delivering Housing Need: an assessment of the NPPF' [2012] 10 JPL 1174.

    Journal of Planning and Environment Law - The Uncertain Prescriptive Underpinnings of the Town and Village Green Regime

    1st July 2012

    'The Uncertain Prescriptive Underpinnings of the Town and Village Green Regime' [2012] 7 JPL 789.

    Journal of Planning and Environment Law - The Registration of Town or Village Greens and the Res Judicata Myth

    1st January 2012

    'The Registration of Town or Village Greens and the Res Judicata Myth' [2012] 1 JPL 10.

    Judicial Review - To Consider or not to Consider?

    1st September 2011

    'To Consider or not to Consider? – the Materiality of off-site Benefits in Compulsory Purchase Law' [2011] 16(1) Judicial Review 60.

    Journal of Planning and Environment Law - The Rise of the Neighbourhood Triffids

    1st April 2011

    'The Rise of the Neighbourhood Triffids' [2011] 4 JPL 386.

    Journal of Planning and Environment Law - Revocation of Regional Strategies

    1st February 2011

    'Revocation of Regional Strategies, a State Frontier Rolled Back too Soon?' [2011] 2 JPL 137.

    Ashley brings his diverse industry experience as a local authority member, running a planning consultancy and lecturing in property law to provide:

    • Early advice on liklihood of obtaining permissions or licenses.
    • Tailored consultations on design and content of applications.
    • Responding to local authority and resident objections.
    • Advice on conducting public consultations.
    • Promoting applications at hearings and public inquiries.
    • Challenging adverse decisions through the courts.
    • Amending permissions or licenses.
    • Tailored in-house advisory work (for example assisting a local authority prepare a local plan, or undertake a SHMAA).
    • Specialist in-house training (for example, public inquiry training).
    • Conference case law updates (for example to the RTPI annual conference).
    • UK Environmental Law Association (UKELA)
    • Planning and Environment Bar Association (PEBA)
    • Property Bar Association (PBA) 

    Case: Public Law and Judicial Review, Planning and Environment

    Court of Appeal rules on air quality considerations in planning appeals

    13th September 2019

    Gladman Developments Ltd v SSCLG & CPRE (Kent) [2019] EWCA Civ 1543

    ....

    Case: Planning and Environment

    Tweaked Standard Method approved for Housing Land Supply Calculation

    20th August 2019

    In a decision issued yesterday, an Inspector approved the use of a variant to the standard method for the purpose of calculating housing land supply in South Lakeland District. Whilst the....

    Case: Public Law and Judicial Review, Planning and Environment

    High Court finds there is no power to extend time for agri-resi prior approval determinations under the GPDO

    1st August 2019

    Warren Farm (Wokingham) Limited v Wokingham Borough Council [2019] EWHC 2007 (Admin)

    ....

    News: Public Law and Judicial Review, Planning and Environment

    Jonathan Clay and Dr Ashley Bowes will appear in the Supreme Court next week

    12th July 2019

    Timothy Jones v NHS Property Services Ltd & R(Lancashire County Council) v Secretary of State for Environment, Food and Rural Affairs [2018] EWCA Civ. 721

    ....

    Case: Public Law and Judicial Review, Planning and Environment

    Can parties agree to extend time for determination of prior approval applications?

    9th April 2019

    The High Court has granted permission for a property developer to seek judicial review of a Council's refusal of a prior approval application, outside the time period specified in the....

    Case: Planning and Environment

    Important clarity on “clear evidence” to demonstrate housing land supply

    28th March 2019

    Last summer, the NPPF was substantially amended to require stricter evidence to demonstrate a five-year housing land supply. The NPPF now provides that sites for 'major development' (10 or more units)....

    Case: Planning and Environment

    How can developers avoid procedural unfairness pitfalls?

    4th February 2019

    Barlow v Secretary of State for Housing, Communities & Local Government [2019] EWHC 146

    ....

    Case: Planning and Environment

    Harm to Surrey Hills AONB outweighs contribution to housing shortfall

    16th January 2019

    An Inspector has refused permission for 27 new homes, partly within the Surrey Hills AONB and an Area of Great Landscape Value at Longdene House, Hedgehog Lane, Haslemere, in-spite of....

    Case: Planning and Environment

    Supreme Court to decide when publically held land is registerable as a village green

    7th November 2018

    The Supreme Court has granted permission to appeal against the decision of the Court of Appeal in the co-joined appeals of Timothy Jones v NHS Property Services Ltd & R(Lancashire....

    Case: Planning and Environment

    Lack of valued landscape no bar to refusal of planning permission

    4th October 2018

    In a sweeping success for Charnwood Borough Council, a planning Inspector has upheld their refusal of planning permission on all grounds for a 66-unit scheme in the rural Leicestershire village....

    News: Planning and Environment

    Nominations for the 2018 Chambers Bar Awards

    5th September 2018

    We are very proud to announce that Dr Ashley Bowes has been shortlisted as Junior of the Year by Chambers and Partners under the planning and environment category. The winners will be....

    Case: Planning and Environment

    Council justified in seeking £800k price tag for retirement scheme

    24th July 2018

    An Inspector has upheld Braintree District Council's decision to refuse permission for a retirement scheme, partly on the basis that the developer had failed to provide a policy driven affordable....

    Case: Planning and Environment

    Mobile home scheme did trigger affordable housing contribution

    11th July 2018

    An Inspector has decided that an affordable housing policy which required "proposals for new housing development" to provide an affordable housing contribution, did apply to a proposal for 20 new....

    Case: Planning and Environment, Local Government

    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,....

    News: Planning and Environment, Licensing, Local Government

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    High Court declares registration of school playing fields in Bristol unlawful

    3rd May 2018

    In R(Cotham School) v Bristol City Council [2018] EWHC 1022 (Admin.) the High Court was asked to consider whether Bristol City Council had acted unlawfully by departing from the recommendation....

    News: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment, Property

    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,....

    Case: Planning and 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....

    News: Planning and Environment, Housing, Commercial and Regulatory, Local Government

    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....

    News:

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    Court of Appeal decides fracking challenge

    15th January 2018

    Preston New Road Action Group & Frackman v Secretary of State for Communities & Local Government [2018] EWCA Civ 9

    ....

    Case: Planning and Environment

    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 [2017] EWHC 2743 (Admin.). The case concerns the meaning of paragraph....

    Case: Planning and Environment

    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. The proposal....

    Case: Planning and Environment

    Important air quality judgment handed down – Gladman Developments Ltd v SSCLG & CPRE (Kent) [2017] 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....

    News: Licensing

    Betting industry bracing over new government consultation on gambling

    31st October 2017

    Betting industry bracing over new government consultation on gambling

    ....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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. The decision....

    Case: Planning and Environment,

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment,

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment,

    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....

    Case: Planning and Environment

    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....

    Case: Public Law and Judicial Review, Planning and Environment

    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....

    Case: Planning and Environment

    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....

    News: Public Law and Judicial Review, Planning and Environment

    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....

    Case:

    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....

    Case: Planning and Environment,

    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....

    Case: Planning and Environment,

    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 Secretary....

    News:

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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 [2016] EWHC 1715 (Admin.)

    ....

    Case: Planning and Environment

    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....

    Case: Planning and Environment

    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.

    ....

    News: Planning and Environment

    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.....

    News: Public Law and Judicial Review, Planning and Environment, Housing

    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....

    News: Public Law and Judicial Review, Planning and Environment, Housing

    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....

    News: Planning and Environment, Housing

    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 [2015] EWHC 2222 (Admin).

    ....

    Case: Public Law and Judicial Review, Planning and Environment

    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.

    ....

    Case: Planning and Environment

    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.

    ....

    News: Planning and Environment

    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....

    Case: Planning and Environment

    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.

    ....

    Case: Planning and Environment

    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 [2016] EWHC 635 (Admin.). The Court....

    Case: Planning and Environment

    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 [2016] EWCA Civ [168] 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.

    ....

    News: Planning and Environment,

    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....

    News: Planning and Environment,

    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....

  • News: Planning and Environment

    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....

    Case: Planning and Environment

    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:

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    News: Public Law and Judicial Review, Planning and Environment

    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....

    Case: Planning and Environment

    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").

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    Case: Planning and Environment

    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.

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    Case: Public Law and Judicial Review, Planning and Environment

    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)

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    Case: Planning and Environment,

    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....

    News: Planning and Environment

    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....

    Case: Planning and Environment

    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....

    Case: Planning and Environment,

    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.

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    Case: Licensing

    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

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    News: Public Law and Judicial Review, Planning and Environment, Licensing, Commercial and Regulatory, Property

    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.

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    Case:

    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.

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