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....
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....
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....
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....
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....
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 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....
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
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.
Court again declines to quash permission tainted by error of law
19th July 2016
The High Court has, in R(Hill) v Cornwall Council  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
19th July 2016
In Noquet v Secretary of State  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.
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....
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.
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....
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....
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.
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....
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.
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.
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.
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.
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....
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....
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....
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....
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....
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....
Section 21 Accommodation: Care and attention must be “accommodation-related”
26th June 2013
In SL (FC) v Westminster City Council  UKSC 27, the Claimant was a failed asylum-seeker who became homeless in the UK. He was admitted to hospital following an attempted....
New Government Proposals on Judicial Review to Curb Weak Claims
9th April 2013
LEGAL AID ONLY TO BE PAID WHERE PERMISSION GRANTED
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 .
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 , appeared before Mr Justice Burton, in a JR challenge to the Council's decision to appropriate open space land for allotments.
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....
Cornerstone Breakfast Briefing: Is there now a de facto duty to give reasons for the grant of planning permission?
1st March 2017
Ramifications of the Court of Appeal's Judgment in Oakley v South Cambs DC  EWCA Civ 7
The Court of Appeal's Judgment in Oakley v South Cambridgeshire District Council  EWCA....
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....