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Philip Kolvin

Clare Parry

Called
2005
Telephone
020 7242 4986
Clerk
Sam Collins
CV
Email

Clare has a busy public law practice with particular expertise and interest in planning where she has been recognised as a leading junior for a number of years.

Clare is particularly experienced in infrastructure and is currently part the legal team advising on a wide variety of aspects of the HS2 project.

Clare's expertise in public law was recognised by her promotion to the Attorney General's Panel of Counsel (B Panel) from C Panel. She has been listed as a Women of Influence by the Planner (2018).

"She is tireless in her pursuit of results for her clients. In the Higher Courts she is more than a match for any silk, and she has a well-established public law practice in planning and local government circles."

The Legal 500 2021

"One of the set's star performers, she is regularly involved in high-profile inquiries and judicial reviews."

The Legal 500 2021

"She is exceptionally diligent and superb at cross-examination."

"She's always extremely helpful in guiding us going forward and she provides continued support."

Chambers and Partners 2020

Clare has a busy practice in public law encompassing in particular planning and environmental law. She regularly acts both for and against central government, local authorities and other public bodies.

Clare's expertise in public law was recognised by her promotion to the Attorney General's Panel of Counsel (B Panel) from C Panel.

Clare is ranked as a leading junior in planning by Chambers & Partners which has previously stated: "She is very thorough and very easy to talk to, and provides good, clear reasoning." "She has that ability to grasp and tackle the main issues in a case."

Planning - "Has crossed swords with some of the Bar's top planning barristers in judicial reviews and inquiries. She is appointed to the Attorney General's B Panel and is regularly engaged to appear before the High Court in matters throughout England and Wales. Her planning and environmental caseload includes matters involving neighbourhood plans and cultural heritage issues. Strengths: "Clare Parry gives exceptional written advice, with thoughtful and logical conclusions expressed clearly." "She is very popular with local authority clients." Chambers and Partners 2021

"More than a match for any silk, she has an indefatigable nature and an ability to grasp complex issues quickly" Legal 500 2020

"She has a quick legal brain and is unfazed by complex legal issues" Legal 500 2020

"She has excellent knowledge of planning and environmental law. She provides clear and well-structured advice and has great advocacy skills." Chambers and Partners 2019

"She's a superb advocate who is good on incredibly complex local challenges." Chambers & Partners 2018

"She always delivers a first-class service. She turns jobs around very efficiently and often when faced with very difficult time constraints." Chambers & Partners 2017

"She has good knowledge and is excellent in court." Chambers & Partners 2017

"As an advocate she matches a detailed command of the papers with a terrier-like cross-examination style that is both effective and goes down well with clients." Chambers & Partners 2016

Overview

Clare has a broad planning practice. She represents a range of clients including local authorities, developers, central government, action groups and special interest groups.

She has particular expertise in infrastructure projects, especially wind energy and transport projects. In 2017, Clare was instructed by the Department for Transport to join the legal team advising on a wide variety of aspects of the HS2 project.

She has expertise in relation to plan-making (appearing for the Defendant in the leading case on neighbourhood plans DLA Delivery v Lewes District Council, and on challenges to local plans including Wealden v Lewes District Council and CPRE Surrey v Waverley District Council). She appears in a wide range of section 78 and enforcement inquiries.

She was promoted to the Attorney General's B Panel from the C Panel in June 2018.

She is ranked as a leading junior in planning by Chambers and Partners.

Clare regularly deals with planning cases in Wales and is familiar with the Welsh planning system.


Planning inquiries
Clare has appeared at inquiries concerning a wide range of development including housing, retail, wind energy, and development of listed buildings. These inquiries have covered the full range of topics including in particular, landscape and visual, housing land supply, the historic environment, traffic and transport and noise.

Notable recent inquiries include:

• Appearing for local parish councils in a case in Tonbridge and Malling BC raising issues of prematurity where a site was proposed to be included in the green belt in the local plan.

  • Appearing for the appellant in an enforcement inquiry in Milton Keynes which has attracted national press attention.

• Appearing for Waverley Borough Council in an appeal concerning the application of the Farnham Neighbourhood Plan.

•Appearing for the National Trust in an appeal concerning the impact of housing proposals on the Fountains Abbey and Studley Royal Water Gardens World Heritage Site.

• Appearing alongside Thomas Cosgrove QC in a year long inquiry into wind farms in Powys.



Development plans
Clare has advised a number of local authorities, including Guildford BC and Herefordshire CC on their local plans. She has appeared at a number of local plan inquiries.

She has been instructed in challenges to local plans including Wealden District Council v Secretary of State for Communities and Local Government [2017] EWHC 351 (Admin)) and CPRE Surrey v Waverley BC [2018] EWHC 2969 (Admin)

Clare regularly advises on neighbourhood plans. She has acted in some of the most significant challenges to neighbourhood plans including R (oao DLA) v Lewes District Council [2017] EWCA Civ 58 (a challenge to the Newick Neighbourhood Plan) and R (oao Bewley Homes) v Waverley Borough Council [2017] EWHC 1776 (Admin) (a challenge to the Farnham Neighbourhood Plan).


Planning enforcement
Clare has advised on and appeared in a range of enforcement matters including listed buildings enforcement and planning enforcement. She has provided training to the Planning Inspectorate on planning enforcement.

She has appeared in challenges concerning enforcement matters in the higher courts for example Alderson v Secretary of State for Communities and Local Government [2017] EWHC 1415 (Admin).


Environment
Clare regularly appears in and advises on cases concerning the EIA Regulations, Habitats Regulations and SEA Regulations. Notable recent cases include:

Wealden v Secretary of State for Communities and Local Government [2017] EWHC 351 (Admin) (case concerning how to deal with cumulative increases of traffic on a SPA).
R (DLA) v Lewes District Council [2017] EWCA Civ 58 (application of SEA Regulations to a neighbourhood plan).


Infrastructure
Clare is part of the team promoting the High Speed 2 (Birmingham to Crewe) Bill. This includes appearing in the front of the Select Committee promoting the Bill.

Clare has extensive experience of wind energy applications including representing Powys County Council in a year long appeal concerning five conjoined applications for wind farms and an application for a 132kV electricity line. She has appeared in challenges to wind energy schemes in the higher courts including R (oao) Williams v Powys CC [2017] EWCA Civ 427


Rights of way
Clare has advised on and appeared in a number of matters involving rights of way, including challenges in the High Court and footpath inquiries.


The Historic environment
Clare has extensive experience in dealing with the historic environment. In particular she has:


• Appeared in listed building enforcement inquiries, including representing the RBKC in a substantial 4 day inquiry concerning a listed building.
• Represented the National Trust in an inquiry concerning the impact of a housing scheme on a world heritage site.
• Appeared in a number of legal challenges concerning the historic environment including R. (on the application of Martin) v Powys CC [2018] EWHC 2892 (taking into account impact on a listed building), R. (on the application of North Norfolk Planning Watch Ltd) v North Norfolk DC [2017] EWHC 3345 (Admin) (local listing), R. (on the application of Williams) v Powys CC [2017] EWCA Civ 427 (Court of Appeal decision on assessing impact on the setting of a listed building and when a need to consult on an application affecting a scheduled monument).
• Appeared in a substantial number of inquiries concerning impacts on heritage assets.

Cases

Lewes District Council overturns Housing Delivery Test following judicial review of Secretary of State
30.10.2019
In February 2019 the Secretary of State for Housing Communities and Local Government published the Housing Delivery Test (HDT) results for Lewes District Council. Originally the HDT result stood at....

Council not required to take into account an emerging five year housing land supply statement
01.02.2019

R (on the application of CHILTON PARISH COUNCIL) (Claimant) v BABERGH DISTRICT COUNCIL (Defendant) & CATESBY ESTATES LTD (Interested Party) (2019)

....

High Court dismisses Waverley Local Plan challenges
06.11.2018
In a judgment handed down yesterday, the Planning Court has dismissed conjoined Local Plan challenges brought by POW Campaign Limited and CPRE Surrey to the adoption of Waverley Borough Council's....

Important Developments in Neighbourhood Plans
21.07.2017
Two recent important developments have helped clarify the law in relation to neighbourhood plans. Firstly on the 7th July 2017 the Supreme Court refused permission to appeal in DLA Delivery Ltd....

Natural England’s approach to in combination impacts of car generating plans cannot be supported
21.03.2017
In a judgment likely to have far reaching implications for plan-making and development control, Mr Justice Jay has held that Natural England's advice on the correct approach to in-combination effects....

Neighbourhood plans can come forward ahead of up to date local plans
13.02.2017
Given the ongoing difficulties many local planning authorities are experiencing in bringing forward up to date local plans, the question of whether a neighbourhood plan can come forwards ahead of....

Local Government Lawyer - Winds of change in Wales?
12.10.2015
Clare Parry has authored an article considering the Department of Energy & Climate Change's decision to reject five onshore wind farm projects in Powys, Mid Wales, following the UK's biggest....

Cornerstone Barristers acts for successful local authority in securing the rejection of four onshore wind farms after Wales’s longest ever planning inquiry
09.09.2015

Four onshore wind farm projects in Powys, Mid Wales have been rejected by the Department of Energy & Climate Change (DECC).

....

Mid Wales Conjoined Planning Inquiry [2013-14]
30.05.2014
The UK's biggest onshore wind farm public inquiry sat for a year during 2013/14. Wales' longest-ever planning inquiry has been considering proposals for five onshore wind farms and a 132kV....

Challenge To Essex Waste Station Rejected
11.02.2014
Lindblom J has rejected a challenge by Mr and Mrs Hockley to a waste transfer station ("WTS") in Great Dunmow, Essex. The Claimants challenged Essex County Council's ("ECC") decision that no....

Section 171B Time Limits Not Incompatible With The EIA Directive
21.11.2013
On the 20th November 2013 the Court of Appeal (Lord Justices Aiken, Sullivan and Patten) dismissed an appeal against the order made by Mr Justice Stadlen in R (oao Peter....

Llanishen Reservoir, Cardiff: Western Power Distribution (WPD) Lose Round 3
28.05.2013
WPD's controversial proposals to redevelop this redundant, and now drained, reservoir in the northern suburbs of Cardiff primarily for residential development have been through several iterations. The first proposals were....

Ardagh Glass v Chester City Council [2009] EWHC 745
13.05.2013
HHJ Mole QC (sitting as a High Court Judge) mooted the possibility that the time limits for enforcement in the Town and Country Planning Act 1990[1] may be incompatible with....

Court of Appeal rules on requirements of the law of nuisance, and the effects of a statutory scheme of regulation
05.04.2013
The Court of Appeal, in Barratt Homes v Welsh Water [2013] EWCA Civ 233  last week rejected the Defendant's contentions the law of nuisance necessarily requires there to be an....

R (On The Application Of Lucchetti) V South Norfolk District Council
14.11.2012
In the case of R (Lucchetti) v South Norfolk DC [2012] EWHC 3557 (Admin) the High Court ruled that the defendant local planning authority had not been entitled to impose....

R (on the application of Lucchetti) v South Norfolk District Council
14.11.2012
In the case of R (Lucchetti) v South Norfolk DC [2012] EWHC 3557 (Admin) the High Court ruled that the defendant local planning authority had not been entitled to impose....

Hertfordshire County Council V Secretary Of State For Communities And Local Government And Metal And Waste Recycling Ltd
16.04.2012
This is an important planning case in the High Court concerning the scope of the doctrine of material change of use by intensification, and the proper interpretation of Part 8....

Leeds Group Plc v Leeds City Council [2011] EWCA Civ 1447
02.12.2011
See full text of case.....

News

Planning Law Survey 2020 – Barristers at Cornerstone among the "most-admired"
30.03.2020
Several members of the Cornerstone Planning Team have been recognised in Planning Magazine's Planning Law Survey 2020. The annual survey reflects the views of over 200 solicitors, consultants, developers and council....

Lewes District Council overturns Housing Delivery Test following judicial review
31.10.2019
In February 2019 the Secretary of State for Housing Communities and Local Government published the Housing Delivery Test (HDT) results for Lewes District Council. Originally the HDT result stood at....

Planning Magazine - Still scope for challenges to costs protection rules
05.05.2017
Clare Parry has written a column for Planning Magazine which considers the new provisions introduced in February which govern the circumstances in which applicants can obtain costs protection in "Aarhus"....

Planning Magazine - What new court cost rules mean for objectors and councils
10.03.2017
Clare Parry comments on the potential impact of new court cost rules on local authorities and objectors who pursue legal challenges to planning decisions. Clare notes that the government may....

Important Changes in Costs in Planning Challenges
28.02.2017
Coming into force today (the 28th February 2017) the Government has made important changes to the circumstances in which those seeking to challenge planning decisions can obtain protection against paying....

Cornerstone Annual Planning Day
17.11.2015
"From Green to Blue – planning under the Conservatives" The Cornerstone Annual Planning Day, which took place on 16th November at the Royal College of Surgeons, saw a number of  planning consultants, solicitors and....

Local Government Lawyer: Winds of change in Wales
02.11.2015
Clare Parry has authored an article considering the Department of Energy & Climate Change's decision to reject five onshore wind farm projects in Powys, Mid Wales, following the UK's biggest....

Solicitors Journal - A long and winding road in Wales
27.10.2015
Tom Cosgrove has authored an article on the rejection of several wind farm applications in Wales, following the longest ever planning inquiry of its kind. Tom Cosgrove and Clare Parry acted....

Wales Planning Law Update
20.10.2015
On Monday 19th October the Cornerstone Planning Team presented a Wales Planning Law Update at our Wales office at One Caspian Point. The day consisted of a morning seminar for Local....

Cornerstone on the Planning Court
01.09.2015

Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.

....

Estates Gazette: An encouraging start
27.06.2015

Martin Edwards and Clare Parry have written an article on the Planning Court for Estate Gazette's Planning Special supplement

....

Planning Magazine: The Planning Law Survey 2015
31.05.2015
Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....

The Planner - Practical ways to overcome obstacles to planning permission
07.05.2015
Mary Cook, Martin Edwards and Clare Parry feature in The Planner Magazine this month. Click here for the full article.....

Planning and Local Government issues for Wales
07.09.2009

Planning and Local Government issues for Wales
Monday, September 07, 2009

Chambers was proud to host this essential guide to the latest Planning and Local Government legislative and policy issues affecting Local Authorities at Cardiff City Hall.

....

Events

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....

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....

Overview

Clare has a particular interest in public law, which is reflected by her recent promotion to the Attorney General's B panel. The nature of her practice is such that public law issues pervade almost all the work she does. She has particular experience of judicial review and other public law proceedings within the following practice areas:

• Planning and environment
• Housing;
• Immigration

Clare very regularly advises central and local government in judicial review proceedings.

Cases

Lewes District Council overturns Housing Delivery Test following judicial review of Secretary of State
30.10.2019
In February 2019 the Secretary of State for Housing Communities and Local Government published the Housing Delivery Test (HDT) results for Lewes District Council. Originally the HDT result stood at....

Council not required to take into account an emerging five year housing land supply statement
01.02.2019

R (on the application of CHILTON PARISH COUNCIL) (Claimant) v BABERGH DISTRICT COUNCIL (Defendant) & CATESBY ESTATES LTD (Interested Party) (2019)

....

High Court dismisses Waverley Local Plan challenges
06.11.2018
In a judgment handed down yesterday, the Planning Court has dismissed conjoined Local Plan challenges brought by POW Campaign Limited and CPRE Surrey to the adoption of Waverley Borough Council's....

Neighbourhood plans can come forward ahead of up to date local plans
13.02.2017
Given the ongoing difficulties many local planning authorities are experiencing in bringing forward up to date local plans, the question of whether a neighbourhood plan can come forwards ahead of....

Local Government Lawyer - Winds of change in Wales?
12.10.2015
Clare Parry has authored an article considering the Department of Energy & Climate Change's decision to reject five onshore wind farm projects in Powys, Mid Wales, following the UK's biggest....

Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure
01.05.2014
In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....

Ardagh Glass v Chester City Council [2009] EWHC 745
13.05.2013
HHJ Mole QC (sitting as a High Court Judge) mooted the possibility that the time limits for enforcement in the Town and Country Planning Act 1990[1] may be incompatible with....

Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)
24.04.2013
Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory....

News

Clare Parry and Estelle Dehon appointed to the Attorney General’s B Panel
03.07.2018
We are delighted to announce that the Attorney General has appointed Clare Parry and Estelle Dehon to the B Panel of Junior Counsel to the Crown for a period of....

Planning Magazine - Still scope for challenges to costs protection rules
05.05.2017
Clare Parry has written a column for Planning Magazine which considers the new provisions introduced in February which govern the circumstances in which applicants can obtain costs protection in "Aarhus"....

Planning Magazine - What new court cost rules mean for objectors and councils
10.03.2017
Clare Parry comments on the potential impact of new court cost rules on local authorities and objectors who pursue legal challenges to planning decisions. Clare notes that the government may....

Planning Magazine: The Planning Law Survey 2015
31.05.2015
Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....

The Planner - Practical ways to overcome obstacles to planning permission
07.05.2015
Mary Cook, Martin Edwards and Clare Parry feature in The Planner Magazine this month. Click here for the full article.....

Overview

Clare advises on and appears in housing law cases, particularly those with a public law element. She has particular experience of homelessness appeals (section 204 and 204A) and judicial reviews challenging decisions on interim accommodation.

Cases

High Court rejects another challenge to a neighourhood plan
02.09.2015

In previous challenges[1] the Courts have not proved receptive to challenges to the process of bringing into force neighbourhood plans, and in DLA Delivery v Lewes District Council [2015] EWHC 2311 (Admin) Foskett J rejected another challenge this time to the decision to put the Newick Neighbourhood Plan to a referendum[2].

....

Lawfulness under the GPDO
11.12.2014

The High Court has recently ruled on two aspects of the interpretation of the General Permitted Development Order (GPDO).

....

News

Appeal-proof Homelessness Decisions
16.09.2007

Held on 13 September 2007, this is the first in our series of half-day sessions on housing related topics.

....

Housing Law Update: the essential guide to all the latest changes
05.07.2007

2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

....

Local Government Lawyer - Winds of change in Wales?

2nd October 2015

Clare Parry has authored an article considering the Department of Energy & Climate Change's decision to reject five onshore wind farm projects in Powys, Mid Wales, following the UK's biggest onshore wind farm public inquiry which closed in May 2014. Clare Parry and Tom Cosgrove were instructed on behalf of Powys County Council to oppose the wind farms.

Click here to read the article in full. 

Cornerstone on the Planning Court

1st September 2015

Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.

Edited by Tom Cosgrove and written by members of the Cornerstone Planning Team, the guide is the first of its kind to analyse the procedures and work of the Planning Court which was introduced in April 2014.

Designed to be practical and accessible, it is the essential reference for all those who are involved in bringing or defending claims in the Court, and those who have an interest in the broad range of claims that now fall within the Court's remit. The guide will be of particular use to those instructing solicitors and barristers in planning related matters such as planning consultancies, development companies, pressure groups and individuals, as well as solicitors, professional planning bodies and local authorities.

Contributors to Cornerstone on the Planning Court include Michael Bedford QC, Josef Cannon, Estelle Dehon, Emma Dring, James Findlay QC, Robin Green, Mark Lowe QC, Jack Parker, Clare Parry, Asitha Ranatunga and Robert Williams.

For further information on Cornerstone on the Planning Court or to purchase a copy, click here.

Estates Gazette - An encouraging start

27th June 2015

Martin Edwards and Clare Parry have written an article on the Planning Court for Estate Gazette's Planning Special supplement. The article considers the Court a year on from it's inception in April 2014 and explores whether the Court has succeeded in increasing levels of specialism on the bench and reducing the time it takes for cases to be heard.

The Planner - Practical ways to overcome obstacles to planning permission

7th May 2015

Mary Cook, Martin Edwards and Clare Parry feature in The Planner Magazine this month.

Click here for the full article.

Gambling for Local Authorities: Licensing, Planning and Regeneration

23rd August 2007

In partnership with the Institute of Licensing, Cornerstone Barristers has produced a new publication: Gambling for Local Authorities: Licensing, Planning and Regeneration (General Editor: Philip Kolvin).

The book is designed to abbreviate and simplify the new law of gambling. It is intended for easy reading by both officers and members involved in licensing and allied fields such as planning and regeneration. It is the only book which will draw the important links between planning and licensing and which involves experts from across all the relevant disciplines. Writers include Philip Kolvin QC, Mark Lowe QC, Rory Clarke, Michael Bedford, Josef Cannon and Clare Parry.

Other writers include Institute Vice Chair Professor Colin Manchester (Professor of Licensing Law, University of Warwick), Professor Peter Collins (a leading expert in gambling and regeneration), planning expert Andy Arrick of Roger Tym & Partners, Jeremy Phillips (who edits Patersons) and William Hill Chief Executive David Harding. We are hoping that it will become a standard reference work in its field.

We do hope that you will take advantage of this offer before it ends. Further information on the book is set out below, together with an order form.

Click here for further details.

Reviews include:

"An excellent account of the framework of the new Act", and "strongly recommended". Roy Light, a professor of law UWE and a barrister at St John's Chambers, Bristol, writing in Solicitor's Journal

"A testimony to the changed landscape and the lifting of local authority regulation to a higher plane. Wearing the badge of the Institute of Licensing, as it does, this volume is as much an advertisement for the new order as it is a valuable contribution to modern gambling knowledge." The Licensing Review [70], July 2007

"In this timely and extremely important new book, Philip Kolvin and his team cut through this enormous piece of legislation with a light narrative style, incisive comments and useful practical applications. The book is suitable for anyone with any involvement with the new legislation, whether they are from the licensing authority, planning authority, gambling industry or responsible authorities or interested parties. Technical matters are clearly explained, the practical aspects of application and challenge are clarified and the use of the various licences and permissions is detailed and comprehensible. For a book to succeed, it must be both useful and accessible, and "Gambling for local authorities: licensing, planning and regeneration" seems set to succeed on both levels. It is highly recommended." James Button, PH Law

"Kolvin's book provides answers for the many challenges facing local authorities under the new legislation. It is a good advert for the legal profession." Dr. Mark Griffiths, Professor of Gambling Studies, Nottingham Trent University

Clare regularly gives talks on aspects of planning law.

  • Planning and Environment Bar Association (PEBA)
  • Administrative Law Bar Association (ALBA)
  • Free Representation Unit
  • London Welsh Lawyers Association
  • Social Housing Law Association (SHLA)

News: Planning and Environment

Planning Law Survey 2020 – Barristers at Cornerstone among the "most-admired"

30th March 2020

Several members of the Cornerstone Planning Team have been recognised in Planning Magazine's Planning Law Survey 2020. The annual survey reflects the views of over 200 solicitors, consultants, developers and council....

News: Planning and Environment

Lewes District Council overturns Housing Delivery Test following judicial review

31st October 2019

In February 2019 the Secretary of State for Housing Communities and Local Government published the Housing Delivery Test (HDT) results for Lewes District Council. Originally the HDT result stood at....

Case: Public Law and Judicial Review, Planning and Environment

Lewes District Council overturns Housing Delivery Test following judicial review of Secretary of State

30th October 2019

In February 2019 the Secretary of State for Housing Communities and Local Government published the Housing Delivery Test (HDT) results for Lewes District Council. Originally the HDT result stood at....

Case: Public Law and Judicial Review, Planning and Environment

Council not required to take into account an emerging five year housing land supply statement

1st February 2019

R (on the application of CHILTON PARISH COUNCIL) (Claimant) v BABERGH DISTRICT COUNCIL (Defendant) & CATESBY ESTATES LTD (Interested Party) (2019)

....

Case: Public Law and Judicial Review, Planning and Environment

High Court dismisses Waverley Local Plan challenges

6th November 2018

In a judgment handed down yesterday, the Planning Court has dismissed conjoined Local Plan challenges brought by POW Campaign Limited and CPRE Surrey to the adoption of Waverley Borough Council's....

News: Public Law and Judicial Review

Clare Parry and Estelle Dehon appointed to the Attorney General’s B Panel

3rd July 2018

We are delighted to announce that the Attorney General has appointed Clare Parry and Estelle Dehon to the B Panel of Junior Counsel to the Crown for a period of....

Case: Planning and Environment

Important Developments in Neighbourhood Plans

21st July 2017

Two recent important developments have helped clarify the law in relation to neighbourhood plans. Firstly on the 7th July 2017 the Supreme Court refused permission to appeal in DLA Delivery Ltd....

News: Public Law and Judicial Review, Planning and Environment

Planning Magazine - Still scope for challenges to costs protection rules

5th May 2017

Clare Parry has written a column for Planning Magazine which considers the new provisions introduced in February which govern the circumstances in which applicants can obtain costs protection in "Aarhus"....

Case: Planning and Environment

Natural England’s approach to in combination impacts of car generating plans cannot be supported

21st March 2017

In a judgment likely to have far reaching implications for plan-making and development control, Mr Justice Jay has held that Natural England's advice on the correct approach to in-combination effects....

News: Public Law and Judicial Review, Planning and Environment

Planning Magazine - What new court cost rules mean for objectors and councils

10th March 2017

Clare Parry comments on the potential impact of new court cost rules on local authorities and objectors who pursue legal challenges to planning decisions. Clare notes that the government may....

News: Planning and Environment

Important Changes in Costs in Planning Challenges

28th February 2017

Coming into force today (the 28th February 2017) the Government has made important changes to the circumstances in which those seeking to challenge planning decisions can obtain protection against paying....

Case: Public Law and Judicial Review, Planning and Environment

Neighbourhood plans can come forward ahead of up to date local plans

13th February 2017

Given the ongoing difficulties many local planning authorities are experiencing in bringing forward up to date local plans, the question of whether a neighbourhood plan can come forwards ahead of....

Case:

Supreme Court consider compensation under the Building Act 1984

23rd June 2016

The Supreme Court has today heard an appeal by Hastings Borough Council, represented by Steven Gasztowicz QC and Jack Parker (and earlier by Clare Parry), against a decision that it....

News: Planning and Environment

Cornerstone Annual Planning Day

17th November 2015

"From Green to Blue – planning under the Conservatives" The Cornerstone Annual Planning Day, which took place on 16th November at the Royal College of Surgeons, saw a number of  planning consultants, solicitors and....

News: Planning and Environment,

Local Government Lawyer: Winds of change in Wales

2nd November 2015

Clare Parry has authored an article considering the Department of Energy & Climate Change's decision to reject five onshore wind farm projects in Powys, Mid Wales, following the UK's biggest....

News: Planning and Environment,

Solicitors Journal - A long and winding road in Wales

27th October 2015

Tom Cosgrove has authored an article on the rejection of several wind farm applications in Wales, following the longest ever planning inquiry of its kind. Tom Cosgrove and Clare Parry acted....

News: Planning and Environment

Wales Planning Law Update

20th October 2015

On Monday 19th October the Cornerstone Planning Team presented a Wales Planning Law Update at our Wales office at One Caspian Point. The day consisted of a morning seminar for Local....

Case: Public Law and Judicial Review, Planning and Environment,

Local Government Lawyer - Winds of change in Wales?

12th October 2015

Clare Parry has authored an article considering the Department of Energy & Climate Change's decision to reject five onshore wind farm projects in Powys, Mid Wales, following the UK's biggest....

Case: Planning and Environment,

Cornerstone Barristers acts for successful local authority in securing the rejection of four onshore wind farms after Wales’s longest ever planning inquiry

9th September 2015

Four onshore wind farm projects in Powys, Mid Wales have been rejected by the Department of Energy & Climate Change (DECC).

....

Case: Housing

High Court rejects another challenge to a neighourhood plan

2nd September 2015

In previous challenges[1] the Courts have not proved receptive to challenges to the process of bringing into force neighbourhood plans, and in DLA Delivery v Lewes District Council [2015] EWHC 2311 (Admin) Foskett J rejected another challenge this time to the decision to put the Newick Neighbourhood Plan to a referendum[2].

....

News: Planning and Environment

Cornerstone on the Planning Court

1st September 2015

Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.

....

News: Planning and Environment

Estates Gazette: An encouraging start

27th June 2015

Martin Edwards and Clare Parry have written an article on the Planning Court for Estate Gazette's Planning Special supplement

....

News: Public Law and Judicial Review, Planning and Environment

Planning Magazine: The Planning Law Survey 2015

31st May 2015

Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....

News: Public Law and Judicial Review, Planning and Environment

The Planner - Practical ways to overcome obstacles to planning permission

7th May 2015

Mary Cook, Martin Edwards and Clare Parry feature in The Planner Magazine this month. Click here for the full article.....

Case: Licensing, Housing

Lawfulness under the GPDO

11th December 2014

The High Court has recently ruled on two aspects of the interpretation of the General Permitted Development Order (GPDO).

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Case: Planning and Environment,

Mid Wales Conjoined Planning Inquiry [2013-14]

30th May 2014

The UK's biggest onshore wind farm public inquiry sat for a year during 2013/14. Wales' longest-ever planning inquiry has been considering proposals for five onshore wind farms and a 132kV....

Case: Public Law and Judicial Review, Commercial and Regulatory, Property

Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure

1st May 2014

In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....

Case: Planning and Environment

Challenge To Essex Waste Station Rejected

11th February 2014

Lindblom J has rejected a challenge by Mr and Mrs Hockley to a waste transfer station ("WTS") in Great Dunmow, Essex. The Claimants challenged Essex County Council's ("ECC") decision that no....

Case: Planning and Environment

Section 171B Time Limits Not Incompatible With The EIA Directive

21st November 2013

On the 20th November 2013 the Court of Appeal (Lord Justices Aiken, Sullivan and Patten) dismissed an appeal against the order made by Mr Justice Stadlen in R (oao Peter....

Case: Planning and Environment, Inquests and Inquiries

Llanishen Reservoir, Cardiff: Western Power Distribution (WPD) Lose Round 3

28th May 2013

WPD's controversial proposals to redevelop this redundant, and now drained, reservoir in the northern suburbs of Cardiff primarily for residential development have been through several iterations. The first proposals were....

Case: Public Law and Judicial Review, Planning and Environment

Ardagh Glass v Chester City Council [2009] EWHC 745

13th May 2013

HHJ Mole QC (sitting as a High Court Judge) mooted the possibility that the time limits for enforcement in the Town and Country Planning Act 1990[1] may be incompatible with....

Case: Public Law and Judicial Review, Property, Commercial and Regulatory

Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)

24th April 2013

Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory....

Case: Planning and Environment

Court of Appeal rules on requirements of the law of nuisance, and the effects of a statutory scheme of regulation

5th April 2013

The Court of Appeal, in Barratt Homes v Welsh Water [2013] EWCA Civ 233  last week rejected the Defendant's contentions the law of nuisance necessarily requires there to be an....

News: Licensing

Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel

1st March 2013

Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....

News:

Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel

1st March 2013

Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters.

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News:

Attorney General's Panel Appointments

20th February 2013

Cornerstone Barristers are delighted to announce that Catherine Rowlands and Clare Parry have been appointed to the Attorney General's Panel of Counsel with effect from 1 March 2013. Their appointments....

Case: Planning and Environment

R (On The Application Of Lucchetti) V South Norfolk District Council

14th November 2012

In the case of R (Lucchetti) v South Norfolk DC [2012] EWHC 3557 (Admin) the High Court ruled that the defendant local planning authority had not been entitled to impose....

Case: Planning and Environment

R (on the application of Lucchetti) v South Norfolk District Council

14th November 2012

In the case of R (Lucchetti) v South Norfolk DC [2012] EWHC 3557 (Admin) the High Court ruled that the defendant local planning authority had not been entitled to impose....

Case: Planning and Environment

Hertfordshire County Council V Secretary Of State For Communities And Local Government And Metal And Waste Recycling Ltd

16th April 2012

This is an important planning case in the High Court concerning the scope of the doctrine of material change of use by intensification, and the proper interpretation of Part 8....

Case: Planning and Environment

Leeds Group Plc v Leeds City Council [2011] EWCA Civ 1447

2nd December 2011

See full text of case.....

News: Planning and Environment

Planning and Local Government issues for Wales

7th September 2009

Planning and Local Government issues for Wales
Monday, September 07, 2009

Chambers was proud to host this essential guide to the latest Planning and Local Government legislative and policy issues affecting Local Authorities at Cardiff City Hall.

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Case: Planning and Environment

East Dorset District Council v Secretary of State for Communities and Local Government [2009] EWHC 1058 (Admin)

1st January 2009

See full text of case....

Case: Planning and Environment

Leeds City Council v Secretary of State for Communities & Local Government & Anor [2009] EWHC 1014 (Admin)

1st January 2009

See full text of case. ....

News: Housing

Appeal-proof Homelessness Decisions

16th September 2007

Held on 13 September 2007, this is the first in our series of half-day sessions on housing related topics.

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News: Housing, Property

Housing Law Update: the essential guide to all the latest changes

5th July 2007

2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

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