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Philip Kolvin

Jack Parker

Called
2011
Telephone
020 7242 4986
Clerk
Sam Collins
CV
Email

Jack specialises in Administrative & Public Law, Planning & Environment and Property.

He also has expertise in a range of related areas including Commercial, Local Authority Governance & Services, Licensing, and Housing.

Jack specialises in Administrative & Public Law, Planning & Environment and Property.

He also has expertise in a range of related areas including Commercial, Local Authority Governance & Services, Licensing, and Housing.

Jack advises and acts on behalf of public authorities, developers, private organisations and individuals. He is also trained to receive instructions directly from members of the public.

Jack appears regularly in the High Court, County Court and at planning inquiries and has appeared in many other courts and tribunals (including the Court of Appeal and the Supreme Court)

Jack was named as a highest-rated planning barrister under the age of 35 by Planning Magazine.

Overview

Jack was named as a highest rated planning barrister under the age of 35 by Planning Magazine.

He is experienced in all aspects of planning law and appears regularly at planning inquiries and in the High Court in judicial review, statutory appeal and injunctive proceedings.

Jack's work spans the full range of sectors and recent instructions have raised issues in relation to green belt, housing supply, affordable housing and the disclosure of viability assessments, EIA, the GPDO, enforcement notices, waste, retail, energy and infrastructure.

Jack has been appointed to the Attorney General's 'C' Panel of Counsel.

Recent and ongoing cases include:

  • Oakley v South Cambridgeshire DC [2017] EWCA Civ 71 (Admin): scope of common law duty to give reasons for the grant of planning permission
  • RLT Built Environment Ltd v Cornwall Council [2016] EWHC 2817 (Admin) (with Mark Lowe QC): Challenge to second homes restrictions in St Ives neighbourhood plan
  • R(Hilton) v SSCLG [2016]      EWHC 1861 (Admin): scope of residential permitted development rights
  • Land at Roseacre Wood (with Robin Green): First planning inquiry in relation to fracking in Lancashire by Cuadrilla
  • R (Hill) v Cornwall Council [2016] EWHC 1264 (Admin): assessment by planning committee of noise impacts and the enforceability of conditions
  • Noquet v SSCLG [2016] EWHC 209 (Admin): certificates of lawful use
  • Collins v SSCLG [2016] EWHC 5 (Admin): enforcement notices and the disposal of waste
  • R(Roskilly) v Cornwall CC      [2015] EWHC 3711 (Admin) (with Paul Shadarevian QC): screening directions
  • Royal Borough of Kensington and Chelsea v SSCLG [2015] EWHC 2458 (Admin) (with Mark Lowe QC): scope of permitted development rights for basements

Cases

Court of Appeal gives significant judgment on common law duty to give reasons for the grant of planning permission
16.02.2017
Since 2013, local planning authorities have not been statutorily obliged to give reasons for a decision to grant planning permission. That said, it has long been recognised that the common....

Legal challenges to fracking planning decisions
21.11.2016
Last week, two sets of legal proceedings were issued challenging decisions by the Secretary of State relating to hydraulic fracturing proposals in Lancashire. Preston New Road Action Group ("PNRAG") issued an....

St Ives' Second Homes Ban Lawful
10.11.2016
The High Court has today found a policy in the St Ives Neighbourhood Plan which prohibits new dwellings being used as holiday homes to be lawful. The St Ives Neighbourhood....

Government grants permission for fracking in Lancashire
06.10.2016
In a landmark decision the Secretary of State for Communities and Local Government has today granted planning permission for shale gas fracking (hydraulic fracturing) at a site in Lancashire. The Secretary....

Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
28.07.2016

The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

....

Court again declines to quash permission tainted by error of law
19.07.2016

The High Court has, in R(Hill) v Cornwall Council [2016] EWHC 1264 (Admin), declined to quash the grant of planning permission for a synthetic sports pitch at a school, even though the Court found that a condition securing the pitch for community use was unintelligible and the grant of permission consequently unlawful.

....

Court clarifies scope of permitted development rights for lawful uses of land under s.57(4) TCPA 1990
19.07.2016

In Noquet v Secretary of State [2016] EWHC 209 (Admin), the Court has clarified the scope of permitted development rights for a change of use of land which is not currently in use for the purpose to which the permitted development right attaches, but which could lawfully be used for that purpose by the operation of s. 57(4) of the Town and Country Planning Act 1990.

....

St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge
10.05.2016

Following the referendum on the St Ives Neighbourhood Plan, which received the support of 83% of residents, a representative of the development industry has challenged the decision by Cornwall Council to allow the Plan to proceed to a referendum.

....

High Court quashes Inspector’s decision to uphold enforcement notice relating to the disposal of waste
18.01.2016

The High Court has allowed a section 289 appeal against the decision of an Inspector to dismiss an appeal against an enforcement notice.

....

Government to have final say on Lancashire fracking sites
27.11.2015
The Secretary of State for Communities and Local Government yesterday informed Lancashire County Council that the final decision on planning appeals concerning two fracking sites in Lancashire will be made....

Going underground - High Court shines a light on basement development rights
08.10.2015

In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the most attractive options for extending your home.

....

Cornerstone Barristers instructed on major fracking planning appeals in Lancashire
28.09.2015

Four members of Cornerstone Barristers have been instructed in the UK's first planning appeals in respect of proposals to develop wells and associated works to carry out high volume hydraulic fracturing (fracking) at two sites in Lancashire.

....

Dacorum BC V Foy
10.02.2015
In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....

Court of Appeal declines to overturn rule that no right of appeal lies against refusal of leave to appeal Planning Inspector’s decision on a s. 174 enforcement notice appeal
08.02.2013

Mark Lowe QC, Estelle Dehon and Jack Parker have appeared in the Court of Appeal in Walsall MBC and Dartford BC v The Secretary of State for Communities and Local Government, Vodafone Limited and Telefonica Limited [2013].

....

High Court underlines Breadth and Importance of s. 28G duty to further conservation and enhancement of environment in decisions affecting land
05.02.2013

Mark Lowe QC and Jack Parker, acting for Cardiff City Council in R(Western Power Distribution Investments Ltd) v Cardiff City Council [2013], appeared before Mr Justice Burton, in a JR challenge to the Council's decision to appropriate open space land for allotments.

....

News

Cornerstone Leisure Newsletter February 2017
23.02.2017
The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • St Ives' Ban on Second Homes
    15.11.2016
    The Planner and Local Government Lawyer have reported on The High Court ruling on 10th November 2016 which found that a policy in the St Ives Neighbourhood Plan which prohibits new....

    No duty to give reasons for a grant of planning permission in the Green Belt contrary to officer advice
    29.03.2016
    In the first case to examine whether a duty to give reasons for a grant of planning permission might arise following the abolition of the statutory requirement to do so....

    Cornerstone Barristers in fracking inquiry underway in Lancashire
    09.02.2016
    The appeal brought by Cuadrilla against the decisions of Lancashire County Council to refuse planning permission for fracking developments in Lancashire has started this morning in Blackpool. Cornerstone Barristers' Estelle Dehon....

    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.

    ....

    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....

    Events

    Cornerstone Breakfast Briefing: Is there now a de facto duty to give reasons for the grant of planning permission?
    01.03.2017

    1
    Ramifications of the Court of Appeal's Judgment in Oakley v South Cambs DC [2017] EWCA Civ 7 The Court of Appeal's Judgment in Oakley v South Cambridgeshire District Council [2017] EWCA....

    Cornerstone Annual Planning Day 2016
    07.11.2016


    Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

    Overview

    Jack acts and advises in a wide range of administrative and public law matters and appears regularly in the High Court in judicial review claims and other courts and Tribunals in relation to related public and administrative law proceedings.

    Jack has particular expertise in public law issues which arise out of planning, housing & homelessness and local authority governance. Jack is able to provide advice, review pleadings and witness statements and act on behalf of claimants and public authorities at short notice.

    Jack has been appointed to the Attorney General's 'C' Panel of Counsel.

    Recent cases raising public law issues of interest in which Jack has acted include:

    • Oakley v South Cambridgeshire DC [2016] EWHC 570 (Admin) in relation to the common law duty of fairness to give reasons
    • R (Hill) v Cornwall Council [2016] EWHC 1264 (Admin) in relation to the assessment of expert evidence and discretionary remedies
    • R(Western Power Distribution Investments Ltd) v Cardiff County Council [2013] EWHC 1407 (Admin) in relation to the appropriation of land

    Local authority governance and services
    Jack's expertise extends to all matters of local authority governance, including:

    • executive arrangements;
    • conduct and standards;
    • elections;
    • delegation;
    • data protection and data sharing; and
    • powers and duties.

    Jack has particular expertise in matters of information law and is able to advise public authorities and requesters of information in relation to the lawfulness of withholding information from disclosure, as well as drafting representations and appearing on behalf of parties in the First Tier Tribunal (Information Rights).

    Jack has authored a variety of articles in relation to Local Authority Governance for Westlaw Insight.

    Cases

    St Ives' Second Homes Ban Lawful
    10.11.2016
    The High Court has today found a policy in the St Ives Neighbourhood Plan which prohibits new dwellings being used as holiday homes to be lawful. The St Ives Neighbourhood....

    Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
    28.07.2016

    The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

    ....

    St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge
    10.05.2016

    Following the referendum on the St Ives Neighbourhood Plan, which received the support of 83% of residents, a representative of the development industry has challenged the decision by Cornwall Council to allow the Plan to proceed to a referendum.

    ....

    Confidentiality Of Viability Assessments In Planning
    15.05.2014
    Confidentiality Of Viability Assessments In Planning: Tribunal Overturns Information Commissioner's Decision That Council Should Disclose Affordable Housing Viability Assessment Submitted As Part Of Planning Application. In a significant decision for local....

    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....

    Cornerstone Barristers takes part in launch of new online legal encyclopaedia
    10.12.2012
    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....

    News

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • 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....

  • 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....

    Jack Parker authors article in Judicial Review: Article 8 procedural rights – extending the principle in R(Clue) v Birmingham CC
    27.06.2013
    When must a local authority provide community care support for a person from overseas to enable that person to pursue an immigration application with the Secretary of State? In his....

    Section 21 Accommodation: Care and attention must be “accommodation-related”
    26.06.2013
    In SL (FC) v Westminster City Council [2013] UKSC 27, the Claimant was a failed asylum-seeker who became homeless in the UK. He was admitted to hospital following an attempted....

    Events

    Cornerstone Annual Planning Day 2016
    07.11.2016


    Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

    Overview

    Jack acts and advises in relation to a wide variety of property law matters, including:

    • Landlord and tenant disputes, including interpretation of leases
    • Possession proceedings
    • Easements and rights of way
    • Restrictive covenants
    • Adverse possession
    • Service charges

    Jack has experience of appearing in a variety of courts and tribunals, including in particular, the High Court, the County Court and the First Tier Tribunal (Property Chamber).

    Recent cases of interest include:

    • Hastings Borough Council v Manolete Partners PLC UKSC 2014/0159 (with Steven Gasztowicz QC) in relation to the interpretation of the Building Act 1984 and whether Hastings BC is liable to pay compensation to the assignee of an operator of a bingo hall and amusement arcade on Hastings Pier
    • Armstrong v Onyearu [2015] EWHC 1937 (Ch) on the principle of the equity of exoneration

    Jack has also recently appeared on behalf of Hackney LB in the First-tier tribunal (Property Chamber) in an application to determine whether major works service charges were payable (of which the total value was over £1m).

    Cases

    Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
    28.07.2016

    The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

    ....

    Going underground - High Court shines a light on basement development rights
    08.10.2015

    In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the most attractive options for extending your home.

    ....

    Dacorum BC V Foy
    10.02.2015
    In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....

    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....

    News

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • St Ives' Ban on Second Homes
    15.11.2016
    The Planner and Local Government Lawyer have reported on The High Court ruling on 10th November 2016 which found that a policy in the St Ives Neighbourhood Plan which prohibits new....

    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....

  • Events

    Cornerstone Annual Planning Day 2016
    07.11.2016


    Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

    Overview

    Jack acts and advises in relation to commercial disputes of all kinds and much of his work in other areas has a commercial element.

    Jack also appears regularly in the civil courts in relation to contractual disputes of all kinds. Recent cases have involved:

    • Claim for unpaid fees on behalf of an agency acting for a racing driver
    • Claim for unjust enrichment arising out of payment of business rates
    • Claim for unpaid cancellation fees
    • Interpretation of s106 Agreement

    Cases

    Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
    28.07.2016

    The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

    ....

    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....

    News

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Overview

    Jack is able to advise and represent local authorities, responsible authorities, license-holders and third parties in relation to all matters arising under the Licensing Act 2003. He appears before Licensing Sub-Committees, Magistrates' Courts and in the High Court.

    Jack has appeared regularly on behalf of the Security Industry Authority in Magistrates' Courts appeals.

    Recent instructions have raised issues conditions relating to the sale of alcohol, cumulative impact and special area policies.

    News

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Taxis, minicabs and mobile apps: Law Commission publishes controversial proposals for reform of taxi and private hire regulation
    27.05.2014
    The Law Commission has finally published its recommendations for the reform of the law relating to taxis and private hire services, write Jack Parker and Rory Clarke. Against the background of....

    Overview

    Jack regularly advises and appears on behalf of local authorities, social housing associations, commercial and private landlords and tenants in relation all aspects of housing law.

    He is also experienced in urgent housing-related judicial review matters and can advise, review pleadings and witness statements and appear on behalf of both claimants and local authorities at short notice.

    His expertise includes:

    • possession and injunctive proceedings;

    • secure, assured, assured shorthold, and introductory tenancies;

    • anti-social behaviour, drug-related conduct and other nuisance: litigation & policy;

    • Equality Act 2010;

    • trespassers;

    • service charges;

    • disrepair;

    • housing benefit;

    • housing and allocations policy;

    • local authority and housing association powers;

    • homelessness and homelessness strategies;

    • housing finance;

    • the right to buy and right to acquire.

    Cases

    Going underground - High Court shines a light on basement development rights
    08.10.2015

    In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the most attractive options for extending your home.

    ....

    New Government Proposals on Judicial Review to Curb Weak Claims
    09.04.2013

    LEGAL AID ONLY TO BE PAID WHERE PERMISSION GRANTED

    ....

    News

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • 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....

  • Events

    Cornerstone Annual Planning Day 2016
    07.11.2016


    Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

    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.

    Cornerstone on Councillors' Conduct

    1st September 2015

    Edited by Philip Kolvin QC, Head of Cornerstone Barristers, and written by members of Chambers, Cornerstone on Councillors' Conduct identifies and explains the standards that govern the conduct of those elected to Local Government in England and Wales.

    Contributors to Cornerstone on Councillors' Conduct include: James Findlay QC, Philip Coppel QC, Robin Green, Harriet Townsend, Wayne Beglan, Damien Welfare, Estelle Dehon, Ryan Kohli, Robert Williams, Emma Dring, Zoe Whittington, Jack Parker and Matt Lewin.

    The book has been designed as a readable, practical guide for all those involved in local government, including officers, councillors, monitoring officers and lawyers.

    With the foreword kindly contributed by Cllr David Sparks, the Chairman of the Local Government Association, topics considered within the guide include:

    • The standards regime
    • Councillors' conduct and decision-making
    • Complaints procedure
    • Challenging council decisions
    • Offences

    Reviews include:

    Cornerstone Barristers has produced a "book which is not only extremely useful from a professional standpoint, but it is also eminently readable." It "is not just a handy reference book to Councillors' conduct: it is an indispensable guide and should be the first port of call when questions arise." James Button and Co-Bulletin

    The publication"skilfully navigates its way through the dense and dangerous jungle of intervening statutory, guidance, caselaw and other foliage from the former Standards Board regime (following the Donnygate scandal) to the present slimmed-down but imperfect present." Nicholas Dobson, a Consultant with Freeths LLP writing for Local Government Lawyer

    Click here to purchase a copy.

    Philip Kolvin QC discusses the issues confronting local councillors and the need for a consistent approach to standards of conduct in an interview with Bloomsbury Professional.

    Judicial Review - Article 8 procedural rights

    27th June 2013

    Article 8 procedural rights – extending the principle in R(Clue) v Birmingham CC, June 2013

    When must a local authority provide community care support for a person from overseas to enable that person to pursue an immigration application with the Secretary of State? In his latest article, published this month in Judicial Review magazine (JR [2013] 186-193) Jack Parker analyses how Article 8 ECHR can protect the procedural rights (in additional to substantive family and private life rights) of persons with outstanding immigration applications and, thereby, oblige a local authority to provide support pending determination of the application, even though Parliament has legislated to exclude them from support.

    Westlaw Insight

    1st December 2012

    The Mayor of London and London Assembly: Jack Parker

    Local Authority Structure: Executive Arrangements [including Elected Mayors] (with Damien Welfare)

    Local councillors: members' interests (with Damien Welfare)

    Local councillors: political activities (with Damien Welfare)

    Learn more about Westlaw Insight

    • Planning and Environment Bar Association (PEBA)

    News

    Cornerstone Leisure Newsletter February 2017

    23rd February 2017

    The Cornerstone Leisure Newsletter includes...
  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Case

    Court of Appeal gives significant judgment on common law duty to give reasons for the grant of planning permission

    16th February 2017

    Since 2013, local planning authorities have not been statutorily obliged to give reasons for a decision to grant planning permission. That said, it has long been recognised that the common....

    Case

    Legal challenges to fracking planning decisions

    21st November 2016

    Last week, two sets of legal proceedings were issued challenging decisions by the Secretary of State relating to hydraulic fracturing proposals in Lancashire. Preston New Road Action Group ("PNRAG") issued an....

    News

    St Ives' Ban on Second Homes

    15th November 2016

    The Planner and Local Government Lawyer have reported on The High Court ruling on 10th November 2016 which found that a policy in the St Ives Neighbourhood Plan which prohibits new....

    Case

    St Ives' Second Homes Ban Lawful

    10th November 2016

    The High Court has today found a policy in the St Ives Neighbourhood Plan which prohibits new dwellings being used as holiday homes to be lawful. The St Ives Neighbourhood....

    Case

    Government grants permission for fracking in Lancashire

    6th October 2016

    In a landmark decision the Secretary of State for Communities and Local Government has today granted planning permission for shale gas fracking (hydraulic fracturing) at a site in Lancashire. The Secretary....

    News

    The Oil and Gas Authority Becomes an Independent Regulator

    4th October 2016

    As of 1 October 2016, the Oil and Gas Authority (OGA) became the independent regulator for offshore and onshore oil and gas operations in the United Kingdom. The Cornerstone Hydrocarbon....

    News

    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....

  • Case

    Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc

    28th July 2016

    The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.

    ....

    Case

    Court again declines to quash permission tainted by error of law

    19th July 2016

    The High Court has, in R(Hill) v Cornwall Council [2016] EWHC 1264 (Admin), declined to quash the grant of planning permission for a synthetic sports pitch at a school, even though the Court found that a condition securing the pitch for community use was unintelligible and the grant of permission consequently unlawful.

    ....

    Case

    Court clarifies scope of permitted development rights for lawful uses of land under s.57(4) TCPA 1990

    19th July 2016

    In Noquet v Secretary of State [2016] EWHC 209 (Admin), the Court has clarified the scope of permitted development rights for a change of use of land which is not currently in use for the purpose to which the permitted development right attaches, but which could lawfully be used for that purpose by the operation of s. 57(4) of the Town and Country Planning Act 1990.

    ....

    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....

    Case

    St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge

    10th May 2016

    Following the referendum on the St Ives Neighbourhood Plan, which received the support of 83% of residents, a representative of the development industry has challenged the decision by Cornwall Council to allow the Plan to proceed to a referendum.

    ....

    News

    No duty to give reasons for a grant of planning permission in the Green Belt contrary to officer advice

    29th March 2016

    In the first case to examine whether a duty to give reasons for a grant of planning permission might arise following the abolition of the statutory requirement to do so....

    News

    Cornerstone Barristers in fracking inquiry underway in Lancashire

    9th February 2016

    The appeal brought by Cuadrilla against the decisions of Lancashire County Council to refuse planning permission for fracking developments in Lancashire has started this morning in Blackpool. Cornerstone Barristers' Estelle Dehon....

    Case

    High Court quashes Inspector’s decision to uphold enforcement notice relating to the disposal of waste

    18th January 2016

    The High Court has allowed a section 289 appeal against the decision of an Inspector to dismiss an appeal against an enforcement notice.

    ....

    Case

    Government to have final say on Lancashire fracking sites

    27th November 2015

    The Secretary of State for Communities and Local Government yesterday informed Lancashire County Council that the final decision on planning appeals concerning two fracking sites in Lancashire will be made....

    Case

    Going underground - High Court shines a light on basement development rights

    8th October 2015

    In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the most attractive options for extending your home.

    ....

    Case

    Cornerstone Barristers instructed on major fracking planning appeals in Lancashire

    28th September 2015

    Four members of Cornerstone Barristers have been instructed in the UK's first planning appeals in respect of proposals to develop wells and associated works to carry out high volume hydraulic fracturing (fracking) at two sites in Lancashire.

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    News

    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.

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    News

    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.

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    News

    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....

    Case

    Dacorum BC V Foy

    10th February 2015

    In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....

    News

    Taxis, minicabs and mobile apps: Law Commission publishes controversial proposals for reform of taxi and private hire regulation

    27th May 2014

    The Law Commission has finally published its recommendations for the reform of the law relating to taxis and private hire services, write Jack Parker and Rory Clarke. Against the background of....

    Case

    Confidentiality Of Viability Assessments In Planning

    15th May 2014

    Confidentiality Of Viability Assessments In Planning: Tribunal Overturns Information Commissioner's Decision That Council Should Disclose Affordable Housing Viability Assessment Submitted As Part Of Planning Application. In a significant decision for local....

    Case

    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....

    News

    Jack Parker authors article in Judicial Review: Article 8 procedural rights – extending the principle in R(Clue) v Birmingham CC

    27th June 2013

    When must a local authority provide community care support for a person from overseas to enable that person to pursue an immigration application with the Secretary of State? In his....

    News

    Section 21 Accommodation: Care and attention must be “accommodation-related”

    26th June 2013

    In SL (FC) v Westminster City Council [2013] UKSC 27, the Claimant was a failed asylum-seeker who became homeless in the UK. He was admitted to hospital following an attempted....

    Case

    New Government Proposals on Judicial Review to Curb Weak Claims

    9th April 2013

    LEGAL AID ONLY TO BE PAID WHERE PERMISSION GRANTED

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    Case

    Court of Appeal declines to overturn rule that no right of appeal lies against refusal of leave to appeal Planning Inspector’s decision on a s. 174 enforcement notice appeal

    8th February 2013

    Mark Lowe QC, Estelle Dehon and Jack Parker have appeared in the Court of Appeal in Walsall MBC and Dartford BC v The Secretary of State for Communities and Local Government, Vodafone Limited and Telefonica Limited [2013].

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    Case

    High Court underlines Breadth and Importance of s. 28G duty to further conservation and enhancement of environment in decisions affecting land

    5th February 2013

    Mark Lowe QC and Jack Parker, acting for Cardiff City Council in R(Western Power Distribution Investments Ltd) v Cardiff City Council [2013], appeared before Mr Justice Burton, in a JR challenge to the Council's decision to appropriate open space land for allotments.

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    Case

    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....

    EVENT

    Cornerstone Breakfast Briefing: Is there now a de facto duty to give reasons for the grant of planning permission?

    1st March 2017

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    Ramifications of the Court of Appeal's Judgment in Oakley v South Cambs DC [2017] EWCA Civ 7 The Court of Appeal's Judgment in Oakley v South Cambridgeshire District Council [2017] EWCA....

    EVENT

    Cornerstone Annual Planning Day 2016

    7th November 2016

    Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....