The Editor speaks
29th March 2018
It will not surprise anybody to hear that this has been a busy period for all those involved in housing. On a personal level, that has included a successful appearance....
Managing Homelessness not Rock Climbing. When is Harm ‘Significant’?
29th March 2018
There are times when you are asked to do a case and the answer leaps off the page. Panayiotou v London Borough of Waltham Forest EWCA Civ 1624  H.L.R.....
Timing confirmed as critical when obtaining an injunction. Basingstoke and Deane Borough Council v Eastwood and MMT
15th February 2018
In January, David Lintott published a legal comment on the importance for local authorities of taking action before gypsies move on to land when the court comes to consider whether....
Timing is everything when obtaining an injunction preventing gypsies occupying land
22nd January 2018
Basingstoke and Deane Borough Council was recently involved in a case that demonstrates the importance for local authorities of taking action before gypsies move on to the land when the....
When is harm "Significant"?
19th October 2017
"(1) Jesse Panayiotou v London Borough of Waltham Forest(2) Steven Smith v London Borough of Haringey EWCA Civ 162419th October 2017 Lewison, Beatson and Newey LJJ
David Lintott successfully appeared for....
What Does "Significantly" Mean?
11th May 2017
Panayiotou v London Borough of Waltham Forest B5/2016/1023 and Smith v London Borough of Haringey B5/2016/3856
Section 189(1) of the Housing Act 1996 identifies those who have "priority need for accommodation". In....
When the Liverpool approach "should be used" to calculate 5 year housing land supply
19th April 2017
Outline Planning Permission refused for two sites at Colden Common, Hampshire
David Lintott appeared for Winchester City Council and Christopher Boyle Q.C. appeared for the Appellant, Bargate Homes, in these s.78....
Enforcement action upheld on appeal in respect of two unsuitable locations for gypsy sites
22nd March 2017
Appeal Refs: APP/N0410/C/15/3078099 & 3078100Land adjacent to Alderbourne Cottage (Area 1), Fulmer Lane, Fulmer,Buckinghamshire SL9 7BL Appeal Refs;
APP/N0410/C/15/3129769 & 3129770Land adjacent to Alderbourne Cottage (Area 2), Fulmer Lane, Fulmer,Buckinghamshire SL9....
Occupiers of the unauthorised traveller site at Shurlock Road, Waltham St Lawrence have left the land voluntarily
15th February 2017
In the case of Eastwood v The Royal Borough of Windsor and Maidenhead (10/05/16)  EWCA Civ 437  H.L.R. 22 the Court of Appeal (Arden, Floyd, Sales LJJ) in....
Settling Public Law Claims: A Victory for Common Sense
18th January 2017
London Borough of Croydon v Vanda Lopes QB/2016/0172
A Judge had held that, following the compromise of an appeal brought under section 204 of the Housing Act 1996, the effect of....
The Secretary of State confirms that Horsham District Council is now able to demonstrate a 5 year housing land supply
19th December 2016
David Lintott appeared for Horsham District Council and Mark Lowe QC for the Appellant, Stonegate Nurseries, in this s.78 planning appeal called in by the Secretary of State in respect....
Guidance on sentencing for breaches of HMO Regulations on matters including fire safety
1st December 2016
Welwyn Hatfield v Neil Carroll: DJ Pilling sitting at St Albans Magistrates 30/11/16
David Lintott appeared for the prosecuting local authority. DJ Pilling sitting at St Albans sentenced Mr Neil Carroll....
Neighbourhood Plan Quashed – Boundaries of the 'Soft Touch' Approach
13th October 2016
Mrs Justice Patterson gave judgment today in R. (Stonegate Homes Limited and another) v. Horsham District Council and Henfield Parish Council  EWHC 2512 (Admin) to quash the Henfield Neighbourhood....
Costs Lawyer - Right direction
25th July 2016
David Lintott has written an article for Costs Lawyer magazine on guidance recently provided by the Court of Appeal on the destination of county court costs-only appeals. David looks at....
Important Grade II* Listed Building protected from urban encroachment
17th June 2016
Land East of Bury Close, Cottingham LE16 8XFAppeal Ref: APP/U2805/W/15/30005683 17/06/16
David Lintott successfully appeared for Corby District Council in this s.78 planning appeal. Christopher Young appeared for the Appellant. The....
Court of Appeal gives guidance on destination of County Court "costs only" appeals
26th May 2016
(1) Ian Handley and anr v Lake Jackson Solicitors (A Firm)/ (2) Vanda Lopes v London Borough of Croydon/ (3) Christie Owen & Davies Limited v Awan  EWCA Civ 465
Deliberate concealment of a breach of planning control by the design of building
21st April 2016
The Old Barn, White Lodge Farm, Bulls Lane, Brookman's Park, Hatfield AL9 7AZ
Ref: APP/C1950/C/14/3000358, APP/C1950/C/14/3000361
David Lintott successfully appeared for Welwyn Hatfield BC in three conjoined enforcement notice appeals before Inspector....
Chiltern District Council's Green Belt Policy with regard to agricultural buildings is consistent with the NPPF
6th January 2016
CHILTERN DISTRICT COUNCIL v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) MR FRANK LORD CO/3628/2015 (31/12/15)
David Lintott successfully represented the Claimant local authority. Gwion Lewis represented the....
Magistrates send out a message on fire safety
27th November 2015
Welwyyn Hatfield v Fasogbon: Watford Magistrates 23/11/15
David Lintott appeared for the prosecuting local authority. The Watford Magistrates Court sitting at St Albans sentenced Mr Adeyami Fasogbon for breaches of the....
Crematorium not sustainable development
1st June 2015
Land adjacent The Orchard Restaurant, West Grinstead RH13 8LU
Appeal Ref: APP/Z3825/A/14/2216102, 27 May 2015
David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. John Hobson Q.C. appeared....
Cornerstone Success In London Borough Of Enfield Housing Act Appeal
4th March 2015
The Court of Appeal holds that a relevant fact under s.191(2) of the Housing Act 1996 had to be an existing fact and could not be a belief in the....
Cornerstone Success In London Borough Of Croydon "Zambrano Carers" Appeal
12th February 2015
David Lintott of Cornerstone Barristers successfully appeared for the Respondent local authority, the London Borough of Croydon, in the 2nd of four linked appeals dealing with "Zambrano carers". The Court....
Important Decision For Design Policies Of The NPPF And NPPG
29th January 2015
Important decision on whether an acceptable scheme can be turned away in order to encourage a 'better' scheme in the light of the design policies of the National Planning Policy....
Deliberate concealment of a breach of planning control by verbal responses to questions
15th August 2014
David Lintott successfully appeared for Welwyn Hatfield BC in this application for a Planning Enforcement Order by Welwyn Hatfield BC at St Albans Magistrates Court on 15 August 2014. Richard....
Breach Of Section 66 Planning (Listed Buildings And Conservation Areas) Act 1990 Not A Trump Card Where There Is A Significant Housing Shortfall
13th June 2014
Land North of West End Lane, Henfield: APP/Z3825/A/13/2205204
Inspector RPE Mellor
Date of decision: 2 June 2014
In a recent appeal decision for an urban extension of 160 homes to the north of....
Land To The North Of Melton Drive, Storrington, Pulborough, West Sussex
30th May 2014
Appeal Ref: APP/Z3825/A/13/2202943
David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. Mary Cook appeared for the Appellant. The case contains a useful analysis of the way....
London Borough Of Wandsworth V NJ  EWCA Civ. 1373
19th November 2013
7th November, 2013 Lewison, Kitchin, Gloster LJJ
David Lintott successfully appeared for the Appellant local authority. The Court of Appeal has allowed the Appellant's appeal and held that the occupation in....
Falis Ibrahim v London Borough of Wandsworth  EWCA Civ. 20
2nd February 2013
David Lintott successfully appeared for the Respondent local authority. The Court of Appeal has dismissed the Appellant's appeal and held that the Respondent local authority had not acted in breach of Regulation 8(2) of the Homelessness Regulations.
Redevelopment of the Ford County Ground, Chelmsford
14th January 2013
David acted for Chelmsford Borough Council at the inquiry into the redevelopment of the Ford County Ground, Chelmsford involving the location within the Functional Floodplain of over 400 residential units....
Chaoui El Goure V Royal Borough Of Kensington And Chelsea  EWCA Civ 670 CA
18th May 2012
David appeared successfully for the Royal Borough of Kensington and Chelsea before the Court of Appeal. In this important case dealing with the modern approach to statutory interpretation Mummery L.J.....
Siveter v Wandsworth LBC  (CA) H.L.R. 26
16th February 2012
David acted for Wandsworth LBC in this case relating to a local authority's duties and liabilities in relation to treating pests found to be present in its housing stock. View....
Bubb V Wandsworth LBC  EWCA Civ 1285
9th November 2011
David appeared successfully for Wandsworth and was led by Andrew Arden in the Court of Appeal. In a case of significance for all housing practitioners, Lord Neuberger M.R. (giving the....
Dragic V Wandsworth 
10th February 2011
Dragic v Wandsworth London Borough CouncilThursday, February 10, 2011
High Court (QBD), January 21, 2011
Michael Supperstone QC, sitting as a Deputy Judge
The High Court has held that a review decision under....
Watson V The London Borough Of Wandsworth  B5/2009/2427 12/10/10 (Mummery, Etherton And Sullivan LJJ)
1st January 2010
Successful homelessness appeal in which it was held that the Recorder at first instance had wrongfully found the Council's decision under s.202 of the Housing Act 1996 that property was....