020 7242 4986 or  0333 240 0591 London  |  Birmingham  |  Cardiff
Philip Kolvin

Emma Dring

Called
2009
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Emma is passionate about public and administrative law, and this is the unifying element of the various areas of her practice. She is on the Attorney General's C panel of counsel and is now being regularly instructed in High Court judicial review matters.

Emma's major practice areas are planning, housing and licensing, but she aims to keep her practice broad in recognition of the interrelationships between different areas.

Emma is passionate about public and administrative law, and this is the unifying element of the various areas of her practice. She is on the Attorney General's C panel of counsel and is now being regularly instructed in High Court judicial review matters.

Emma's major practice areas are planning, housing and licensing, but she aims to keep her practice broad in recognition of the interrelationships between different areas. She receives instructions in property cases, local authority governance matters and regulatory crime.

A majority of Emma's clients are public bodies, and she has a particular understanding of the needs and pressures facing local authority clients. She spent some time working a local authority housing benefits department before joining chambers. Emma also frequently acts for private clients, via instructing solicitors or direct access – particularly in the areas of planning and licensing.

Emma prides herself on her approachable and down-to-earth manner, and on turning work round promptly and meeting deadlines.

When she is not working, Emma is a keen road cyclist, nature-lover and amateur gardener.

"She is an exceptionally able lawyer who is able to cogently summarise complicated facts." "Emma has excellent attention to detail and can cover the research for a case very quickly." Chambers and Partners 2020

"She is very talented, very tenacious and a great advocate." "She has a very engaging manner, listens to what you say and takes everything on board." Chambers and Partners 2019

"Her handling of experts and cross-examination in court was great, and her written work was terrific." "Very good at dealing with the facts, she's unflappable and on top of the brief at all times." Chambers and Partners 2018 

"She's always meticulously prepared, and she's got a clear understanding of the issues involved without needing too much instruction. She clearly and succinctly gets the points across and she's unflappable." Chambers and Partners 2018 

Overview

I regularly advise local planning authorities and developers on a wide range of planning matters, including appeals under s.78 (planning permisison) and s.174 (enforcement notices) of the Town and Country Planning Act 1990. I am able to give written advice and to attend hearings or inquiries on behalf of clients. I also have recent experience dealing with listed building and conservation area issues.

I regularly advise and represent clients on judicial reviews of planning permissions, as well as challenges to development plan documents and environmental assessments (Environmental Impact Assessments, Strategic Environmental Assessments and Appropriate Assessments).

Recent examples of my work include:

  • Successfully appearing a planning inquiry into a proposed change of use of a building from residential accommodation to use associated with an existing private school.
  • Advising in respect of a forthcoming inquiry into a proposalfor a new branch of McDonalds in Bristol.
  • Appearing in a planning inquiry into a change of use of a building from a house of multiple occupation to short term holiday accommodation.
  • Working on a judicial review challenge against the grant of full planning permission for essential flood-alleviation works for Chelmsford.
  • Represented Bristol City Council (with Richard Ground) in a week-long planning inquiry into a proposed bioliquid power plant.
  • On behalf of a major supermarket chain, advised and assisted Paul Shadarevian in the preparation of a response to a judicial review of the grant of planning permission to a rival supermarket chain.

Cases

Secretary of State rejects plans for up to 1600 dwellings in Braintree, NPPF para 170 on valued landscapes is considered
12.07.2019
The case The Secretary of State has recently dismissed Acorn Braintree Ltd's appeal concerning a proposal for up to 1600 dwellings and associated development on approximately 56.5ha of land on the....

Court of Appeal confirms broad approach to setting of heritage assets
19.07.2018
In a judgment handed down today in the case of Catesby Estates Ltd and SSCLG v Steer [2018] EWCA Civ 1697 the Court of Appeal has confirmed that the setting....

No scope for an overall assessment of sustainability unless within paragraph 14 of the framework – Barker Mills confirmed
27.06.2017
(The latest instalment in 'sustainable development' caselaw) The Planning Court (Mrs Justice Lang DBE) handed down judgment today in Reigate and Banstead BC v SSCLG, and upheld a s. 288 challenge....

Planning Court endorses broad approach to 'setting'.
22.06.2017
The Planning Court handed down judgment today in Steer v SSCLG, a s. 288 challenge to a Planning Inspector's decision to grant planning permission for housing development on a site....

Court gives ‘decisive’ judgment on the interpretation of para 141 NPPF
13.06.2017
In a judgment handed down on 9 June 2017, the Planning Court (Kerr J) has considered the correct interpretation of para 141 NPPF for the first time – and has....

Cornerstone Barristers In First Local Plan Challenge To Reach The Court Of Appeal
17.02.2015
The Court of Appeal has today upheld Suffolk Coastal DC's adopted core strategy, in the first local plan challenge to reach the Court of Appeal. SCDC's core strategy had been....

Fatal Blow Dealt To Battle Claim
11.07.2014
In a judgment, 9 July 2014, the Planning Court (Lindblom J) rejected a judicial review brought by Mr Charles Jones against a decision by English Heritage not to add the....

Planning Court opens for business on Monday 7th April
08.04.2014
The new Planning Court opened its doors yesterday to hear a renewed application for permission to apply for judicial review. Ironically, the first case appeared not to fall into any of....

Suffolk Coastal DC's Core Strategy Upheld By High Court
12.02.2014
In a judgment handed down on 6th February 2014, the High Court has dismissed a legal challenge brought by NANT (a local residents' action group) against Suffolk Coastal District Council's....

Court Of Appeal Clarifies Powers Of Sale Of Allotments
18.11.2013
The Court of Appeal has clarified the powers available to local authorities to sell "field garden" allotments (allotments inclosed under the Inclosure Act 1845, which are required to be held....

Allotment status clarified
28.01.2013

The High Court (Chancery Division) has given judgment in a case brought by two allotment holders in which the Court was asked to determine which of two inconsistent powers of sale applied to the allotments in Burstow.

....

Local Development Orders
20.02.2012
Two members of Cornerstone Barristers have been separately instructed by local authorities to advise on the content of proposed Local Development Orders under section 61A of the Town and Country....

Duffield Meadows Village Green Inquiry
07.10.2011
Emma appeared for local residents at a two week inquiry into their application to register a school playing field as a village green under the Commons Act 2006.....

Appeal against enforcement notice issued by Harrow LBC
07.08.2011
Emma appeared on behalf of a householder in his appeal against an enforcement notice issued by London Borough of Harrow. The notice related to an extension erected without planning permission.....

R. (on the application of 007 Stratford Taxis Ltd) v Stratford on Avon DC [2011] EWCA Civ 160
23.02.2011
A judicial review (and appeal to the Court of Appeal) of a local authority's decision to impose a 100% wheelchair accessible vehicle requirement on hackney carriages in its area.....

Wills Grove Definitive Map Modification Order
08.02.2011
Emma successfully represented the London Borough of Barnet at a public inquiry into the modification of its definitive map and statement. The proposed modification was the addition of a right....

Cala Homes (South) Ltd v Secretary of State for CLG [2010] EWHC 3278 (Admin).
08.11.2010
Emma appeared on behalf of Winchester City Council, the interested party, at an interim hearing in which the High Court considered whether to lift a stay on the effect of....

Commons inquiry for Rochdale, Rossendale and Calderdale councils [2010]
08.07.2010
Emma Dring represented three local authorities in a two week inquiry under the Commons Act 2006 opposing an application to deregister and exchange common land to enable construction of a....

News

Moving towards zoning in the UK?
06.05.2020
By Emma Dring Introduction In Planning for the Future (March 2020) the Government promised "further support for local areas to simplify the process of granting planning permission ... through zoning tools, such....

Planning for the Future – 5 Key Points for Planners
12.03.2020
By Emma Dring The Secretary of State for Housing, Communities and Local Government made a statement in the House of Commons this morning (12 March 2020) on Planning for the Future. It....

Mitigation measures must be IGNORED when carrying out screening assessments under the Habitats Directive
17.05.2018
Introduction In an important judgment which will have ramifications for all involved with proposed development near to European Sites (i.e. SACs, SPAs), the CJEU has ruled that mitigation measures cannot be....

Court of Appeal: Refusal of permission on the papers really is the end of the road
30.04.2018
By Emma Dring Introduction In a judgment that will be of importance to all civil practitioners, the Court of Appeal has confirmed the very limited scope of its jurisdiction to re-open permission....

Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
31.05.2016
The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

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....

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.

....

Court of Appeal fails to clarify green belt policy
22.01.2015
In the eagerly awaited judgment in the case of Timmins and Lymn v Gedling Borough Council [2015] EWCA Civ 10, the Court of Appeal has partly clarified the interpretation of....

Parliament set to amend tenancy deposit scheme?
19.06.2014
An amendment to the Deregulation Bill tabled by the Department for Communities and Local Government on Monday 16th June 2014 looks set to resolve an area of uncertainty left in....

Events

Zoom webinar series on Local Plans - SEA/SA and Spatial Strategies
09.07.2020


Following on from the introduction to elements of local plans webinar, the Cornerstone planning team will host a series of webinars drilling down into many of the key elements of....

Zoom webinar - Current issues in heritage law and practice
28.05.2020


The potential impact of development on heritage assets can be a difficult issue to negotiate in planning applications and appeals, and the correct approach has been and continues to be....

Zoom webinar - White Paper highlights
30.04.2020


Cornerstone Barristers' Josef Cannon and Emma Dring hosted a webinar on Thursday 30th April which discussed the key proposals from the policy paper, Planning for the Future published in March.

  • What....

  • 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....

    Overview

    Emma advises and represent clients in a wide range of property matters (both residential and commercial) including construction of leases, easements, forfeiture, claims for new business tenancies, service charge disputes and leasehold valuation.

    She has siginificant experience in social housing work, and regularly appears in the County Court dealing with possession claims and counterclaims. She also regularly advises clients on local authority duties to homeless persons. She has appeared in appeals under the Housing Act 1996 in this area.

    She advises and represents both landlords and tenants in the social and private rented sectors, assisting with issues affecting landlords and tenants under long leases, particularly service charges.

    Emma also has particular experience of issues around possession claims (including claims based on anti-social behaviour, subletting, non-occupation and rent arrears) ans succession. She is very familiar with the legislation which governs social housing, and is happy to advise on all aspects of evidence, strategy and procedure and to attend hearings. Emma regularly advises and represents clients in a range of landlord and tenant disputes, and this has been a significant part of her practice over the last 5 years.

    In the private rental sphere, Emm has significant experience with the workings of the Housing Act 1988 and with litigation involving tenancy deposits, rent arrears and disrepair.

    Cases

    Long residence "of little consequence" - the final nail in the coffin for article 8 defences?
    01.11.2016
    The Court of Appeal has handed down judgment today in Holley v LB Hillingdon [2016] EWCA Civ 1052. The judgment will be welcomed by public sector landlords dealing with possession....

    News

    Cornerstone Housing Newsletter - November 2016
    03.11.2016
    Contents The Editor speaks - Andy Lane When is an applicant "significantly" more vulnerable than ordinary vulnerable? - Emma Dring Recent housing developments The current state of play in the Mayor of London's housing....

    Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
    31.05.2016
    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • Events

    Zoom webinar - Possession claims and the Public Sector Equality Duty
    11.05.2020


    Compliance with the PSED is an important step for social landlords when bringing or continuing with possession proceedings. How should it be addressed and documented, and when? What do judges expect....

    Seminar - Fixed-term tenancies
    21.11.2018

    1
    About this event Since 2011, central government has sought to reduce the numbers of 'lifetime' tenancies granted in the social housing sector by introducing amendments to the Housing Acts. As fixed-term tenancies....

    Fixed term/flexible tenancies seminar
    15.03.2017

    1
    The seminar will be aimed at lawyers who face the daunting prospect of getting to grips with the most radical shake-up of the secure tenancy regime since it was introduced....

    Overview

    Emma regularly appears before local authority licensing sub-committees in applications under the Licensing Act 2003. She has represented premises licence holders, licensing authorities and the police, and has a good understanding of the legislation and an appreciation of the way in which sub-committees operate and approach matters. Emma also deals with cases concerning taxi driver, vehicle and operator licenses. Again, Emma has represented both the trade and the lcoal authority in such matters.

    Emma has acted as a legal advisor to local authority sub-committees on applications under the 2003 Act as well as in taxi licensing cases, so she is well placed to advise on the best strategies and the likely positions of councillors and other parties.

    Emma regularly advises on and appears in appeals to the magistrates' court on licensing maters. She appears in magistrates' courts regularly on regulatory criminal matters, and therefore is familiar with how the court works and what to expect.

    Cases

    Licensee’s responsibility for acts of sub-tenant at the Funky Lounge
    16.10.2013
    The London Borough of Enfield, represented by Emma Dring, have successfully resisted an appeal against its refusal to grant a premises licence on the basis of problem sub-tenants. District Judge Allison....

    R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31
    04.02.2011
    On 26th January 2011, the Court of Appeal upheld the decision of Burton J in Hope and Glory. The background to the case was that on an application for review, Westminster....

    News

    Betting industry bracing over new government consultation on gambling
    31.10.2017

    Betting industry bracing over new government consultation on gambling

    ....

    Parliamentary Inquiry into Prostitution
    21.03.2016
    A team from Cornerstone Barristers is advising a national feminist organisation appearing in an inquiry into prostitution. The Home Affairs Select Committee is conducting an inquiry into prostitution, and in particular....

    Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
    01.03.2013
    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....

    Overview

    Emma has a particular interest in administrative law and judicial reviews. She is on the Attorney-General's C panel of counsel to the Crown, and is regularly instructed in judicial review matters in that capacity. She also acts for local authorities and other public bodies (such as Historic England) and for individuals (particularly in planning matters).

    Emma advises and represents clients through all stages of the judicial review procedure, from pre-action correspondence through to final substantive hearings and post-hearing matters such as costs and, if necessary, the re-making of the decision which was challenged.

    Emma has particular experience in judicial reviews connected with housing and homelessness, having recently acted in a number of challenges to decisions about temporary accommodation for homeless applicants, a judicial review of an allocation policy, and two judicial reviews brought against registered providers of social housing which raised interesting issues about the Court's jurisdiction.
    Emma also regularly advises and represents clients in judicial reviews and statutory appeals against planning decisions. She is able to bring her wider experience of the planning system to bear in such cases.

    Local authority governance and services
    Emma regularly advises and represents local authorities in a wide range of matters, including housing, planning, licensing, property and regulatory crime and is familiar with the particular demands and challenges they face.

    She has particular experience in dealing with issues around the interpretation and application of local authority constitutions, executive arrangements and schemes of delegation.
    She is also particularly interested in judicial reviews arising in connection with all types of consultation carried out by local authorities, and has delivered dedicated training to local authorities on this particular issue.

    Other areas of practice include:
    • Local government finance, including non-domestic rating and retention of rates;
    • Elections law (Emma authors a Westlaw Insight section on local government elections and has advised in relation to police and crime commissioner elections);
    • Information law (including data protection, FOI and environmental information).

    Emma contributed to Cornerstone on Councillor's Conduct and is able to offer advice at short notice on governance and constitutional issues arising in connection with committees and sub-committees.

    Cases

    Secretary of State rejects plans for up to 1600 dwellings in Braintree, NPPF para 170 on valued landscapes is considered
    12.07.2019
    The case The Secretary of State has recently dismissed Acorn Braintree Ltd's appeal concerning a proposal for up to 1600 dwellings and associated development on approximately 56.5ha of land on the....

    R(Powell) V Brighton Marina Company Ltd & Ors
    18.06.2014
    High Court hears challenge to huge marina development and considers whether requirement of promptness in JR contrary to EU law. The Brighton Marina Company has planning permission for a large residential....

    Local Development Orders
    20.02.2012
    Two members of Cornerstone Barristers have been separately instructed by local authorities to advise on the content of proposed Local Development Orders under section 61A of the Town and Country....

    North Dorset District Council v Trim [2010] EWCA Civ 1446
    31.12.2010
    The Court of Appeal considered whether it was an abuse of process to proceed by way of a Part 7 claim instead of issuing judicial review proceedings.....

    News

    Court of Appeal: Refusal of permission on the papers really is the end of the road
    30.04.2018
    By Emma Dring Introduction In a judgment that will be of importance to all civil practitioners, the Court of Appeal has confirmed the very limited scope of its jurisdiction to re-open permission....

    Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
    31.05.2016
    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    Parliamentary Inquiry into Prostitution
    21.03.2016
    A team from Cornerstone Barristers is advising a national feminist organisation appearing in an inquiry into prostitution. The Home Affairs Select Committee is conducting an inquiry into prostitution, and in particular....

    Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • Emma Dring of Cornerstone Barristers appointed to Attorney General Panel of Counsel
    20.01.2016
    Cornerstone Barristers is pleased to announce that Emma Dring has been appointed to the Attorney General's C Panel of Counsel. Emma's appointment will last for a period of five years. Cornerstone....

    R (MN, KN) v LB Hackney: Drawing adverse inferences as to need, and doubting KA) v Essex County Council
    26.06.2013
    IntroductionOn 10th May 2013 the Administrative Court (Leggatt J) gave judgment in R (MN, KN) v LB Hackney [2013] EWHC 1205 (Admin). The case will be of particular interest to....

    Overview

    Emma has developed significant expertise in the area of regulatory crime. She prosecutes on behalf of local authorities in the magistrates' court and Crown Court. She has undertaken a number of jury trials. She combines experience of criminal procedures and practice with her wider knowledge and experience of local government law and administration to offer a comprehensive service to clients.

    Emma is particularly experienced in dealing with preliminary legal arguments which raise issues of statutory interpretation and public law matters, including abuse of process and matters concerning the court's jurisdiction to entertain particular arguments or defences.

    Emma has represented local authorities in the following types of case:
    • Fraud (housing benefit, council tax benefit, blue badges);
    • Food safety and hygiene;
    • New Roads and Street Works Act 1991;
    • Housing Act 2004 (HMO licensing, breaches of improvement notices etc.);
    • Unlawful eviction and harassment (Protection from Eviction Act 1977)
    • Breaches of planning control;
    • Nuisance abatement (both prosecuting breaches of abatement notices and defending private proceedings brought against landlords);
    • Education Act 1996;
    • Littering and dog fouling.

    Overview

    Emma has experience of a wide variety of property matters and frequently advises private clients as well as public bodies. Areas of practice include:
    • Public rights of way and easements;
    • Allotments (Emma appeared for a group of allotment holders in one of the few allotment cases to reach the higher courts, Snelling v Burstow Parish Council)
    • Interpretation of leases and enforcement of leasehold covenants;
    • Service charges;
    • Forfeiture;
    • Claims for new commercial tenancies.

    Emma also has a substantial landlord and tenant practice in the social housing field, as well as having significant experience of planning and local government law which she can draw upon where necessary in cases which are primarily about real property.

    News

    Cornerstone Housing Newsletter - August 2016
    01.08.2016
    The latest edition of the Cornerstone Housing Newsletter includes:

  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

  • 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.

    The Benefit Cap

    4th December 2013

    Please click the link below:

    The Benefit Cap

    Westlaw Insight [2012]

    1st December 2012

    • Local Authorities: England
    • Local Government Boundary Commission

    Learn more about Westlaw Insight

    Effective Judicial Review: A Cornerstone of Good Governance

    25th March 2010

    Emma co-authored a chapter on mistake of fact as ground for judicial review in "Effective Judicial Review: a cornerstone of good governance" (2010, OUP) with Prof. Christopher Forsyth. The publication is a comprehensive overview of the transformations to the modern law of judicial review across the common law world. 

    Emma regularly delivers training to local authority members, lawyers and officers on a range of practice areas. She aims to do so in an approachable and engaging manner, encouraging interaction and dialogue where possible.

    She regularly delivers seminars and talks at events run by Chambers and national organisations (such as the IoL and RTPI).

    Emma has spoken at the annual Local Government Training Partnership events in Bristol and Southampton, organised by Veale Wasborough Vizards, for the last few years.

    • Institute of Licensing
    • Planning and Environmental Bar Association
    • Administrative Law Bar Association
    • Social Housing Law Association

    News: Planning and Environment

    Moving towards zoning in the UK?

    6th May 2020

    By Emma Dring Introduction In Planning for the Future (March 2020) the Government promised "further support for local areas to simplify the process of granting planning permission ... through zoning tools, such....

    News: Planning and Environment

    Planning for the Future – 5 Key Points for Planners

    12th March 2020

    By Emma Dring The Secretary of State for Housing, Communities and Local Government made a statement in the House of Commons this morning (12 March 2020) on Planning for the Future. It....

    Case: Public Law and Judicial Review, Planning and Environment

    Secretary of State rejects plans for up to 1600 dwellings in Braintree, NPPF para 170 on valued landscapes is considered

    12th July 2019

    The case The Secretary of State has recently dismissed Acorn Braintree Ltd's appeal concerning a proposal for up to 1600 dwellings and associated development on approximately 56.5ha of land on the....

    Case: Planning and Environment

    Court of Appeal confirms broad approach to setting of heritage assets

    19th July 2018

    In a judgment handed down today in the case of Catesby Estates Ltd and SSCLG v Steer [2018] EWCA Civ 1697 the Court of Appeal has confirmed that the setting....

    News: Planning and Environment

    Mitigation measures must be IGNORED when carrying out screening assessments under the Habitats Directive

    17th May 2018

    Introduction In an important judgment which will have ramifications for all involved with proposed development near to European Sites (i.e. SACs, SPAs), the CJEU has ruled that mitigation measures cannot be....

    News: Public Law and Judicial Review, Planning and Environment

    Court of Appeal: Refusal of permission on the papers really is the end of the road

    30th April 2018

    By Emma Dring Introduction In a judgment that will be of importance to all civil practitioners, the Court of Appeal has confirmed the very limited scope of its jurisdiction to re-open permission....

    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

    No scope for an overall assessment of sustainability unless within paragraph 14 of the framework – Barker Mills confirmed

    27th June 2017

    (The latest instalment in 'sustainable development' caselaw) The Planning Court (Mrs Justice Lang DBE) handed down judgment today in Reigate and Banstead BC v SSCLG, and upheld a s. 288 challenge....

    Case: Planning and Environment

    Planning Court endorses broad approach to 'setting'.

    22nd June 2017

    The Planning Court handed down judgment today in Steer v SSCLG, a s. 288 challenge to a Planning Inspector's decision to grant planning permission for housing development on a site....

    Case: Planning and Environment

    Court gives ‘decisive’ judgment on the interpretation of para 141 NPPF

    13th June 2017

    In a judgment handed down on 9 June 2017, the Planning Court (Kerr J) has considered the correct interpretation of para 141 NPPF for the first time – and has....

    News: Housing

    Cornerstone Housing Newsletter - November 2016

    3rd November 2016

    Contents The Editor speaks - Andy Lane When is an applicant "significantly" more vulnerable than ordinary vulnerable? - Emma Dring Recent housing developments The current state of play in the Mayor of London's housing....

    Case: Housing

    Long residence "of little consequence" - the final nail in the coffin for article 8 defences?

    1st November 2016

    The Court of Appeal has handed down judgment today in Holley v LB Hillingdon [2016] EWCA Civ 1052. The judgment will be welcomed by public sector landlords dealing with possession....

    News: Public Law and Judicial Review, Housing, Property

    Cornerstone Housing Newsletter - August 2016

    1st August 2016

    The latest edition of the Cornerstone Housing Newsletter includes:
  • The Editor speaks...– Andy Lane
  • Through the looking glass, darkly: housing law in a post – Brexit UK – Dean Underwood
  • Recent Housing Developments – Andy Lane
  • New....

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

    Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016

    31st May 2016

    The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....

    News: Public Law and Judicial Review, Licensing, Inquests and Inquiries

    Parliamentary Inquiry into Prostitution

    21st March 2016

    A team from Cornerstone Barristers is advising a national feminist organisation appearing in an inquiry into prostitution. The Home Affairs Select Committee is conducting an inquiry into prostitution, and in particular....

    News: Public Law and Judicial Review, Housing

    Cornerstone Housing Newsletter - February 2016

    1st February 2016

    The latest Cornerstone Housing newsletter includes:
  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • News: Public Law and Judicial Review

    Emma Dring of Cornerstone Barristers appointed to Attorney General Panel of Counsel

    20th January 2016

    Cornerstone Barristers is pleased to announce that Emma Dring has been appointed to the Attorney General's C Panel of Counsel. Emma's appointment will last for a period of five years. Cornerstone....

    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

    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: Local Government

    Cornerstone on Councillors’ Conduct

    26th June 2015

    Cornerstone on Councillors' Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today.

    ....

    Case: Planning and Environment

    Cornerstone Barristers In First Local Plan Challenge To Reach The Court Of Appeal

    17th February 2015

    The Court of Appeal has today upheld Suffolk Coastal DC's adopted core strategy, in the first local plan challenge to reach the Court of Appeal. SCDC's core strategy had been....

    News: Planning and Environment

    Court of Appeal fails to clarify green belt policy

    22nd January 2015

    In the eagerly awaited judgment in the case of Timmins and Lymn v Gedling Borough Council [2015] EWCA Civ 10, the Court of Appeal has partly clarified the interpretation of....

    Case: Planning and Environment

    Fatal Blow Dealt To Battle Claim

    11th July 2014

    In a judgment, 9 July 2014, the Planning Court (Lindblom J) rejected a judicial review brought by Mr Charles Jones against a decision by English Heritage not to add the....

    News: Planning and Environment

    Parliament set to amend tenancy deposit scheme?

    19th June 2014

    An amendment to the Deregulation Bill tabled by the Department for Communities and Local Government on Monday 16th June 2014 looks set to resolve an area of uncertainty left in....

    Case: Public Law and Judicial Review

    R(Powell) V Brighton Marina Company Ltd & Ors

    18th June 2014

    High Court hears challenge to huge marina development and considers whether requirement of promptness in JR contrary to EU law. The Brighton Marina Company has planning permission for a large residential....

    Case: Planning and Environment

    Planning Court opens for business on Monday 7th April

    8th April 2014

    The new Planning Court opened its doors yesterday to hear a renewed application for permission to apply for judicial review. Ironically, the first case appeared not to fall into any of....

    Case: Planning and Environment

    Suffolk Coastal DC's Core Strategy Upheld By High Court

    12th February 2014

    In a judgment handed down on 6th February 2014, the High Court has dismissed a legal challenge brought by NANT (a local residents' action group) against Suffolk Coastal District Council's....

    Case: Planning and Environment

    Court Of Appeal Clarifies Powers Of Sale Of Allotments

    18th November 2013

    The Court of Appeal has clarified the powers available to local authorities to sell "field garden" allotments (allotments inclosed under the Inclosure Act 1845, which are required to be held....

    Case: Licensing

    Licensee’s responsibility for acts of sub-tenant at the Funky Lounge

    16th October 2013

    The London Borough of Enfield, represented by Emma Dring, have successfully resisted an appeal against its refusal to grant a premises licence on the basis of problem sub-tenants. District Judge Allison....

    News: Public Law and Judicial Review

    R (MN, KN) v LB Hackney: Drawing adverse inferences as to need, and doubting KA) v Essex County Council

    26th June 2013

    IntroductionOn 10th May 2013 the Administrative Court (Leggatt J) gave judgment in R (MN, KN) v LB Hackney [2013] EWHC 1205 (Admin). The case will be of particular interest to....

    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.

    ....

    Case: Planning and Environment

    Allotment status clarified

    28th January 2013

    The High Court (Chancery Division) has given judgment in a case brought by two allotment holders in which the Court was asked to determine which of two inconsistent powers of sale applied to the allotments in Burstow.

    ....

    Case: Local Government

    Cornerstone Barristers takes part in launch of new online legal encyclopaedia

    10th December 2012

    Members of Cornerstone Barristers have played a leading role in contributing to a new online encyclopaedia, launched on 10th December 2012. The "Westlaw UK Insight" is an online legal encyclopaedia....

    Case: Public Law and Judicial Review, Planning and Environment

    Local Development Orders

    20th February 2012

    Two members of Cornerstone Barristers have been separately instructed by local authorities to advise on the content of proposed Local Development Orders under section 61A of the Town and Country....

    Case: Planning and Environment

    Duffield Meadows Village Green Inquiry

    7th October 2011

    Emma appeared for local residents at a two week inquiry into their application to register a school playing field as a village green under the Commons Act 2006.....

    Case: Planning and Environment

    Appeal against enforcement notice issued by Harrow LBC

    7th August 2011

    Emma appeared on behalf of a householder in his appeal against an enforcement notice issued by London Borough of Harrow. The notice related to an extension erected without planning permission.....

    Case: Planning and Environment

    R. (on the application of 007 Stratford Taxis Ltd) v Stratford on Avon DC [2011] EWCA Civ 160

    23rd February 2011

    A judicial review (and appeal to the Court of Appeal) of a local authority's decision to impose a 100% wheelchair accessible vehicle requirement on hackney carriages in its area.....

    Case: Planning and Environment

    Wills Grove Definitive Map Modification Order

    8th February 2011

    Emma successfully represented the London Borough of Barnet at a public inquiry into the modification of its definitive map and statement. The proposed modification was the addition of a right....

    Case: Licensing

    R (Hope and Glory Public House Limited) v City of Westminster Magistrates' Court [2011] EWCA Civ 31

    4th February 2011

    On 26th January 2011, the Court of Appeal upheld the decision of Burton J in Hope and Glory. The background to the case was that on an application for review, Westminster....

    Case: Public Law and Judicial Review

    North Dorset District Council v Trim [2010] EWCA Civ 1446

    31st December 2010

    The Court of Appeal considered whether it was an abuse of process to proceed by way of a Part 7 claim instead of issuing judicial review proceedings.....

    Case: Planning and Environment

    Cala Homes (South) Ltd v Secretary of State for CLG [2010] EWHC 3278 (Admin).

    8th November 2010

    Emma appeared on behalf of Winchester City Council, the interested party, at an interim hearing in which the High Court considered whether to lift a stay on the effect of....

    Case: Planning and Environment,

    Commons inquiry for Rochdale, Rossendale and Calderdale councils [2010]

    8th July 2010

    Emma Dring represented three local authorities in a two week inquiry under the Commons Act 2006 opposing an application to deregister and exchange common land to enable construction of a....

    Case: Planning and Environment

    R (007 Ltd) v Stratford-upon-Avon DC [2010] EWHC Admin 1344

    1st January 2010

    ....