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

Martin Edwards

Called
1995
Telephone
020 7242 4986
CV
Email

Martin began as a solicitor in local government responsible for planning and environmental law and advocacy before moving into private practice, becoming a partner and head of planning and environmental law with an international law firm. In 1995 he transferred to the Bar.

Martin has gained considerable experience in a wide range of contentious and non-contentious matters involving all aspects of planning and environmental law, practice and procedure.

Martin began as a solicitor in local government responsible for planning and environmental law and advocacy before moving into private practice, becoming a partner and head of planning and environmental law with an international law firm. In 1995 he transferred to the Bar.

Martin has gained considerable experience in a wide range of contentious and non-contentious matters involving all aspects of planning and environmental law, practice and procedure. He has direct experience of taking development projects through the planning process from conception to completion including providing strategic, legal and tactical advice, preparing and submitting planning applications and appeals and before the courts at all levels. His clients include local authorities, developers, landowners, third parties and investors.

Martin is a leading author on planning and environmental law with hundreds of published articles and books to his name including the monthly Planning Notes column in the Estates Gazette and is the case commentator for the Journal of Planning and Environmental Law. Martin is also a frequent speaker on planning and environmental law at leading professional conferences and is an experienced seminar presenter.

Overview

Planning

Martin has been involved in all forms of planning appeals including representing clients at public inquiries, hearings and in court covering a wide variety of projects both large and small across a range of sectors. He has also acted for clients when areas of difficulty have arisen and successfully avoided the need for an appeal by resolving the matter through negotiation. He has considerable experience of acting for local planning authorities and landowners in connection with development plan preparation including drafting representations and appearing at hearings and inquiries. Martin has also considerable experience of all aspects of lawful development certificate applications, enforcement notices and appeals, prosecutions and injunctions

Town and village greens
Martin has represented applicants for and objectors to numerous village green registration applications. He has also advised registration authorities in connection with applications for registration and acted as non-statutory inquiry inspector in relation to applications in Milton Keynes, Bath, Buckinghamshire and Lincolnshire. In spring 2014 he successfully represented the objecting developer landowner at a week-long inquiry into an application on a site in Leicestershire.

Utilities and Infrastructure
Martin acted for Epsom & Ewell BC in connection with the section 106 planning agreement for a 1,500 unit residential redevelopment of the Epsom Hospital Cluster which had a projected timescale of fifteen years. Martin has acted for a number of developers in connection with the provision of development infrastructure. He represented Fairview Homes in connection with the first ever appeal to OFWAT against a refusal by a water company to allow a large residential site to be connected to the existing sewage. He has also dealt with bridging orders over navigable waterways and surface water drainage into a canal. He has acted for clients in connection with electricity wayleaves. He advised an international tyre manufacturer in connection with a private gas supply.

Highways and Footpaths
Martin has acted in a wide variety of highways related matters including representing developers in relation to Stopping Up Orders including at inquiry and representing the highways authority in connection with Highways Act 1980 extinguishment applications. Martin acted for a landowner at the original and re-opened non-statutory inquiries into a disputed routing of a Footpath in Devon. Despite the inspector's clear recommendation after the first inquiry the highway authority refused to accept the recommendation and this was successfully challenged on Wednesbury unreasonableness grounds in the High Court.

Compulsory purchase orders and compensation claims
Martin advised and represents both acquiring authorities and affected landowners in connection with all aspects of compulsory purchase including at inquiries and in relation to compensation before the Lands Chamber. Martin represented Thanet District Council in connection with its compulsory purchase of the iconic Dreamland site in Margate to construct the world's first heritage amusement park which involved a four-week inquiry and subsequent statutory challenges following confirmation by the landowner in the High Court and the Court of Appeal. Martin acted for and represented the Government of Montserrat in a compulsory purchase compensation claim in the Eastern Caribbean Court of Appeal and before the Privy Council. He also represented the local community in successfully opposing the Pendle Pathfinder CPO in Nelson and for which he was nominated for the 2004 Chambers Pro Bono award. Martin has also acted in matters involving electricity wayleaves and compensation.

Waste and minerals
Martin represented Derbyshire County Council at an inquiry and successfully resisted an appeal for an asbestos waste transfer station at Chesterfield.

Parliamentary proceedings and public affairs
Martin acted for a major City property owner in the House of Commons in connection with the Docklands Light Railway Extension to Bank private Bill. He also appeared for British Telecommunications plc before the House of Commons on the Crossrail Bill.

Liquor and entertainment licensing
Martin has acted for a number of pub companies in connection with licence applications and appeals and also in connection with related planning applications and appeals in relation to conditions on planning permissions. He has represented a Mayfair lap-dancing club in connection with entertainment licensing and planning issues.

Non-domestic rating
Over the years Martin has acted in a number of non-domestic rating matters. He acted for Addis Limited in connection with its successful appeal in the House of Lords relating to the effect of an Enterprise Zone on the tone of the list, he represented Cherwell District Council in connection with a liability order against Banbury Rugby Club where the club were claiming charitable exemption He has written the Non-Domestic Rating chapter in Civil Appeals (Editor Mr Justice Burton).


Environmental

Contaminated land
Martin advises landowners, developers and local authorities in connection with contaminated land liability issues in relation to property and corporate transactions and property development. In 2002 he advised St Albans City and District Council in connection with the investigation and formal designation of the site at St Leonard's Court, Sandridge, Hertfordshire as contaminated land for the purposes of part IIA of the Environmental Protection Act 1990 and its subsequent designation as a special site, decisions upheld by the Secretary of State in July 2009 and confirmed by the High Court in 2010.

Water resources
In May 2010 he represented the objecting landowner of a site identified as the location for a proposed SW reservoir at the first ever Water Resources Management Plan inquiry held under the Water Act 2003 into the South East Water Company's Water Resources Management Plan.

Water industry consents
Martin has acted for developers in connection with disputes regarding the provision of water infrastructure and discharge consents. He acted for Fairview Homes in connection with the first ever appeal to OFWAT against the refusal by a water company to permit a development site to be connected to the existing public sewer systems.
Pollution offences under environmental legislation – Martin has defended a number of leading companies in connection with water pollution offences arising from accidental spillages of fuel oils and other chemicals.

Private and statutory nuisance
Martin has acted in a wide range of nuisance claims. He acted for and represented local householders in connection with petrol contamination from a petrol filling station, and for a developer in a week-long trial regarding construction site noise. Martin has also acted for local authorities and represented defendants in connection with statutory nuisances involving noise, noise from vehicles and odour including abatement notices and prosecutions. Martin acted for the defendant in a major private nuisance and negligence claim arising out of agricultural crop spraying.

Greenhouse gas emissions trading
In 2008 he represented the appellant steelworks Alphasteel at the first hearing in Wales into an appeal against a Civil Penalty Notice under the EU ETS Part 2 as set out in the Greenhouse Gas Emissions Trading Scheme Regulations 2005 and in 2010 he represented the appellant food manufacturer in the first such hearing in England into appeals against a Revocation Notice and Notice of Withholding Allowances.

Cases

Local objectors succeed in seeing off a large solar farm proposal in the Green Belt
01.11.2016
In a rare called-in solar farm application the Secretary of State, in a decision letter dated 31 October 2016, has refused planning permission under section 77 of the Town and....

Some more thoughts from the Secretary of State on the relationship between five year housing land supply and development plans
14.09.2016
To say that in recent months there has seen a seismic shift in national politics is, for once, something of an understatement. The fallout from the EU referendum has been....

Estates Gazette - Fail to Plan or Plan to Fail?
03.08.2016
Martin Edwards looks at the challenges facing the planning system in light of the recent Brexit vote, particularly in relation to ongoing issues such as the housing deficit and nimbyism....

Failure to consider the effect of a development on the setting of a listed building results in Planning Permission and Listed Building Consent Quashing
04.01.2016
The High Court has quashed planning permission and listed building consent for the construction of an extension to a listed building in Hammersmith. The development involved a rear extension to....

This development is a pig sty (literally)
14.07.2015

Do pig arcs require planning permission? This was the question at the heart of a recent judicial review that resulted in the quashing of a planning permission for a related development. In McPhee v South Downs National Park Authority [2015] EWHC 1661 (Admin) Martin Edwards acted for the claimants who lived in a Grade II listed house lying at the foot of the South Downs. In 2012 a local farmer began keeping pigs in pig arcs atop the South Downs.

....

Gary Sharp v Secretary of State for Communities and Local Government CO/3585/2014
30.01.2015
Section 288 challenge on basis that inspector wrongly determined a housing appeal by adopting a formulaic approach criticised by Patterson J in the Dartford BC decision. At the last minute....

R (Lochailort Investments Ltd) v Secretary of State for Communities and Local Government and Mendip District Council [2014] EWHC 3358 (Admin)
30.01.2015
The High Court granted an application for judicial review and quashed an inspector's costs decision on the basis of inadequate reasoning.....

R (oao Sharp) v Chelmsford City Council and the Environment Agency [2013] EWHC 4180 (Admin)
30.01.2015
Challenge to a green belt proposal for a floor alleviation scheme on the claimants' land where the reference in the officers report to "very special circumstances" which was a requirement....

R (oao Peter Gibson) v Harrow LBC and Parish of St George Headstone [2013] EWHC 3449 (Admin)
30.01.2015
An Interested Party successfully opposed a judicial review of a planning permission granted to it where a local resident argued that the decision was flawed because of an alleged failure....

Margate Town Centre Regeneration Company and others v Secretary of State for Communities and Local Government and Thanet District Council [2013] EWCA (Civ) 1178
30.01.2015
The Court of Appeal upheld the High Court's decision earlier in the year in [2013] EWHC 973 dismissing the objecting landowners' challenges to the Dreamland CPO under sections 23 and....

R (oao Estates and Agency Limited) v London Borough of Dagenham and Redbridge and Tesco Stores Limited [2012]EWHC 3744
30.01.2015
A retail park owner successfully challenged a grant of planning permission which permitted an extension to a nearby superstore, as planning officers had failed to properly or fairly identify a....

Myrtle Francis and others v Secretary of State for Transport [2013] CO/10/2013
30.01.2015
Department for Transport submitted to judgment on a defective Trunk Road Order that adversely affected the claimant's land.....

R (on the application of Kelly) v Dorset County Council [2011] EWHC 187
30.01.2015
A local authority which had granted planning permission to itself had not acted unlawfully. It had not ignored alternatives to its proposal and in the circumstances it was right for....

R (on the application of Loader) v Poole BC and Ravine Lifestyle [2009] EWHC 1288 Admin
30.01.2015
Failure of local planning authority to properly summarise the reasons for granting planning permission contrary to Article 22(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995.....

New Forest District Council v Shutler [2005] EWHC 3122 Admin
30.01.2015
Planning injunction granted against continued unauthorised use, appropriateness of injunctive relief and hardship to third parties.....

North Devon District Council v First Secretary of State and Stokes [2004] EWHC 578 (Admin)
30.01.2015
Where there had been continuous occupation of a holiday home for more than ten years, in breach of a planning condition preventing occupation in winter months, there had been a....

Wheeler v First Secretary of State and Wealden District Council [2003] EWHC 1194 Admin
30.01.2015
Inspector's decision letter quashed on a planning and enforcement notice appeal on ground of unfairness where inspector relied on case not cited by the parties and not referred to them....

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

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

News

Cornerstone Leisure Newsletter May 2017
24.05.2017
The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....

Midlands Business Insider - Land Grab
21.02.2017
Martin Edwards comments on the development of brownfield sites for housing in an article on housebuilding in the West Midlands.  Click here to view the full article.....

Estates Gazette - Standing at the cliff edge?
06.01.2017
In this week's Planning Notes column in Estates Gazette, Martin Edwards looks back at the major developments in the planning sector during 2016 and the outlook for the year to....

Neighbourhood Plans – here to stay: Martin Edwards comments
13.12.2016
Martin Edwards provides an update on the growing significance of Neighbourhood Plans. At our recent seminar in Birmingham we discussed the growing evidence that Neighbourhood Plans were not only here to....

Brexit: Planning and the Environment Outside the EU
06.07.2016
The UK vote to leave the European Union raises significant questions around the potential impact on our domestic legislation. EU law is deeply embedded in our planning and environmental protection regimes.....

Estates Gazette - No end in sight
27.06.2016
In an article for Estates Gazette, Martin Edwards explores the key changes introduced by the Housing and Planning Act 2016 such as the duties on local authorities in relation to....

Estates Gazette - Code red for green belt
01.06.2016
In this week's Planning Notes column in Estates Gazette, Martin Edwards looks at green belt policy under the National Planning Policy Framework and, in particular, recent Court of Appeal cases....

Affordable housing policy exclusions small sites, and vacant building credit
16.05.2016

On Wednesday 11th May the Court of Appeal allowed the Government's appeal on all four grounds against Mr Justice Holgate's judgment in West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

....

Local Government Lawyer - A growing reluctance to quash?
01.04.2016
Martin Edwards has written an article for Local Government Lawyer looking at recent planning decisions and the apparent reluctance to quash planning permissions even in cases where an acknowledged legal....

Estates Gazette - Quicker to bring but harder to win?
21.03.2016
Martin Edwards has written a column for Estates Gazette in which he looks at the extent to which the Planning Court has made planning permission challenges more efficient and some of....

Estates Gazette - Neighbours or Nimbys?
22.02.2016
Martin Edwards has written a piece for the Estates Gazette planning notes column on a recent case involving a neighbourhood plan and how it scuppered a developer's residential scheme on....

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....

Estates Gazette: An encouraging start
27.06.2015

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

....

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

Local Government Lawyer - Challenging HSE enforcement notices
03.12.2014

Martin Edwards joins Cornerstone

....

Martin Edwards joins Cornerstone
01.12.2014
We are delighted to announce the arrival of Martin Edwards, a Planning and Environmental specialist who joins us from Thirty Nine Essex Street. Martin provides advocacy, strategic, tactical and legal advice....

Events

Birmingham Planning Seminar for Private Practitioners
28.11.2016

2
Powering the Midlands Engine – new tools or old spanners? An autumn update Some might see the concept of the Midlands Engine as little more than empty political rhetoric. However evidence suggest....

West Midlands Planning Seminar (Public Sector)
26.09.2016

2
Cornerstone Barristers and Birmingham City Council invite you to the West Midlands Planning Law Seminar taking place on Monday 26th September at 43 Temple Row, Birmingham, B2 5LS. Aimed at local....

Birmingham Private Planning Seminar
19.09.2016

2
Autumn approaches. After the tumultuous events of this year it is time to take stock and to examine what the future may have in store for the planning system and....

Overview

Health and safety
Martin has acted for a number of employers in connection with health and safety issues and prosecutions. He represented Homebase Ltd in Bristol Crown Court (led by Richard Ferguson QC) in a two week fatal accident trial.

Corporate support and due diligence investigations
Martin has acted and advised in connection with numerous corporate transaction involving issues of potential environmental liability. He was the lead partner of a team in Paris advising Crown Cork & Seal Inc of Philadelphia on global environmental issues in connection with its $5.4bn takeover of Carnaud Metalbox.

Estates Gazette - Fail to Plan or Plan to Fail?

3rd August 2016

Martin Edwards looks at the challenges facing the planning system in light of the recent Brexit vote, particularly in relation to ongoing issues such as the housing deficit and nimbyism under the Localism Act 2011.

Estates Gazette - No end in sight...

27th June 2016

In an article for Estates Gazette, Martin Edwards explores the key changes introduced by the Housing and Planning Act 2016 such as the duties on local authorities in relation to starter homes. Martin also considers changes to the Self-build and Custom Housebuilding Act 2015, neighbourhood planning, permission in principle, and compulsory purchase.

Estates Gazette - Code red for green belt

1st June 2016

In this week's Planning Notes column in Estates Gazette, Martin Edwards looks at green belt policy under the National Planning Policy Framework and, in particular, recent Court of Appeal cases which suggest that the approach to green belt development may be changing.

Local Government Lawyer: A growing reluctance to quash?

1st April 2016

Martin Edwards has written an article for Local Government Lawyer looking at recent planning decisions and the apparent reluctance to quash planning permissions even in cases where an acknowledged legal error has been made.

Click here to read the full article.

Estates Gazette: Quicker to bring but harder to win?

21st March 2016

Martin Edwards has written a column for Estates Gazette in which he looks at the extent to which the Planning Court has made planning permission challenges more efficient and some of the notable cases which have appeared before the Court in the last month.

Click here to read the full article.

Estates Gazette: Neighbours or Nimbys?

22nd February 2016

Martin Edwards has written a piece for the Estates Gazette planning notes column on a recent case involving a neighbourhood plan and how it scuppered a developer's residential scheme on land not allocated in the plan.

Click here to read the article in full.

Estates Gazette - Déjà vu all over again

25th January 2016

Martin Edwards has written an article considering the outlook for the planning system in 2016 and the focus on infrastructure provision and housing supply.

Click here to read the full article.

Estates Gazette: The Death Knell for Localism?

11th November 2015

Martin Edwards has written an article for Estates Gazette which considers some of the most significant proposals contained within the Housing and Planning Bill and their potential to affect development prospects.

Martin explains that the bill stems from the government's productivity plan: Fixing the foundations and covers a wide variety of housing and planning issues including starter homes, rogue landlords, abandoned premises, estate agents, rent charges, social housing and compulsory purchase.

Estates Gazette - No, Minister

15th September 2015

Martin Edwards has written an article in Estates Gazette considering the role of the secretary of state in planning cases. He notes that while ministers have significant political power within the planning system, it is not limitless.

Estates Gazette - Making hay while the sun shines

17th August 2015

Martin Edwards has authored an article for Estates Gazette in which he examines the current planning legislation surrounding renewable energy and the challenges involved in obtaining planning permission for solar energy projects.

Estates Gazette - An encouraging start

27th June 2015

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

The Planner - Practical ways to overcome obstacles to planning permission

7th May 2015

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

Click here for the full article.

Publications

30th January 2015

  • Legal adviser to the research team on The Use of Planning Agreements (Department of the Environment) February 1992 HMSO ISBN 0-11-752659-2
  • Assisted in the drafting of the first Planning and Environmental Ordinance for the Island of St Helena for the Overseas Development Agency (now DfID)
  • Legal adviser to the DTZ team advising the Kingdom of Bahrain on the planning and environmental laws of Bahrain
  • Currently Editorial Board member and case commentator Journal of Planning & Environmental Law (Sweet & Maxwell)
  • Co-author of the monthly Planning Notes column (and other articles) for the Estates Gazette – 1992 to date
  • Editorial Board Member of iSurv Planning – the on-line planning service of the Royal Institution of Chartered Surveyors
  • Co-author of book "Contaminated Land" CLT Publications ISBN 1 85811 206 0
  • Contributed chapters on Planning Appeals and Rating Appeals for "Civil Appeals" published by Thomson Reuters – Editor Sir Michael Burton in October 2013
  • Co-author of book on "Planning and Compulsory Purchase Act 2004" published by the Law Society ISBN 1 85328 925 6
  • Presented podcasts on planning issues for CPDcast and participated in three planning programmes for the College of Law TV channel, most recently an update on the CIL regime in Spring 2014.
  • 2014 – Martin was appointed as a planning expert to the University of Law/Legal Network TV's editorial panel of leading industry experts to be formally launched at the end of the year.

Martin is  a frequent speaker on planning and environmental law at leading professional conferences and is an experienced seminar presenter.

  • FRSA Fellow of the Royal Society of Arts
  • LARTPI Legal Associate Royal Town Planning Institute
  • ACIArb Associate of the Chartered Institute of Arbitrators
  • Eastern Caribbean Bar (Montserrat Circuit)
  • Freeman of the City of London
  • Planning & Environmental Bar Association
  • Compulsory Purchase Association
  • Birmingham Law Society

News

Cornerstone Leisure Newsletter May 2017

24th May 2017

The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....

News

Midlands Business Insider - Land Grab

21st February 2017

Martin Edwards comments on the development of brownfield sites for housing in an article on housebuilding in the West Midlands.  Click here to view the full article.....

News

Estates Gazette - Standing at the cliff edge?

6th January 2017

In this week's Planning Notes column in Estates Gazette, Martin Edwards looks back at the major developments in the planning sector during 2016 and the outlook for the year to....

News

Neighbourhood Plans – here to stay: Martin Edwards comments

13th December 2016

Martin Edwards provides an update on the growing significance of Neighbourhood Plans. At our recent seminar in Birmingham we discussed the growing evidence that Neighbourhood Plans were not only here to....

Case

Local objectors succeed in seeing off a large solar farm proposal in the Green Belt

1st November 2016

In a rare called-in solar farm application the Secretary of State, in a decision letter dated 31 October 2016, has refused planning permission under section 77 of the Town and....

Case

Some more thoughts from the Secretary of State on the relationship between five year housing land supply and development plans

14th September 2016

To say that in recent months there has seen a seismic shift in national politics is, for once, something of an understatement. The fallout from the EU referendum has been....

Case

Estates Gazette - Fail to Plan or Plan to Fail?

3rd August 2016

Martin Edwards looks at the challenges facing the planning system in light of the recent Brexit vote, particularly in relation to ongoing issues such as the housing deficit and nimbyism....

News

Brexit: Planning and the Environment Outside the EU

6th July 2016

The UK vote to leave the European Union raises significant questions around the potential impact on our domestic legislation. EU law is deeply embedded in our planning and environmental protection regimes.....

News

Estates Gazette - No end in sight

27th June 2016

In an article for Estates Gazette, Martin Edwards explores the key changes introduced by the Housing and Planning Act 2016 such as the duties on local authorities in relation to....

News

Estates Gazette - Code red for green belt

1st June 2016

In this week's Planning Notes column in Estates Gazette, Martin Edwards looks at green belt policy under the National Planning Policy Framework and, in particular, recent Court of Appeal cases....

News

Affordable housing policy exclusions small sites, and vacant building credit

16th May 2016

On Wednesday 11th May the Court of Appeal allowed the Government's appeal on all four grounds against Mr Justice Holgate's judgment in West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

....

News

Local Government Lawyer - A growing reluctance to quash?

1st April 2016

Martin Edwards has written an article for Local Government Lawyer looking at recent planning decisions and the apparent reluctance to quash planning permissions even in cases where an acknowledged legal....

News

Estates Gazette - Quicker to bring but harder to win?

21st March 2016

Martin Edwards has written a column for Estates Gazette in which he looks at the extent to which the Planning Court has made planning permission challenges more efficient and some of....

News

Estates Gazette - Neighbours or Nimbys?

22nd February 2016

Martin Edwards has written a piece for the Estates Gazette planning notes column on a recent case involving a neighbourhood plan and how it scuppered a developer's residential scheme on....

Case

Failure to consider the effect of a development on the setting of a listed building results in Planning Permission and Listed Building Consent Quashing

4th January 2016

The High Court has quashed planning permission and listed building consent for the construction of an extension to a listed building in Hammersmith. The development involved a rear extension to....

News

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....

Case

This development is a pig sty (literally)

14th July 2015

Do pig arcs require planning permission? This was the question at the heart of a recent judicial review that resulted in the quashing of a planning permission for a related development. In McPhee v South Downs National Park Authority [2015] EWHC 1661 (Admin) Martin Edwards acted for the claimants who lived in a Grade II listed house lying at the foot of the South Downs. In 2012 a local farmer began keeping pigs in pig arcs atop the South Downs.

....

News

Estates Gazette: An encouraging start

27th June 2015

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

....

News

Lexis Webinar: Solar energy and renewables: issues for local government

17th June 2015

On 17 June 2015 Martin Edwards presented a webinar for Lexis Webinars on 'Solar energy and renewables: issues for local government'.

....

Case

Residential appeals dismissed on 5-year housing land supply and impact on non-designated heritage asset issues

27th May 2015

Land at Boxbury Hill, Midsomer Norton, Somerset BS39 7SL and

Land at Abbotts Farm Close, Paulton, Somerset, BS39 7TA

Appeal ref nos: APP/F0114/A/14/ 2215930 & 2214596

....

News

The Planner - Practical ways to overcome obstacles to planning permission

7th May 2015

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

Case

Gary Sharp v Secretary of State for Communities and Local Government CO/3585/2014

30th January 2015

Section 288 challenge on basis that inspector wrongly determined a housing appeal by adopting a formulaic approach criticised by Patterson J in the Dartford BC decision. At the last minute....

Case

R (Lochailort Investments Ltd) v Secretary of State for Communities and Local Government and Mendip District Council [2014] EWHC 3358 (Admin)

30th January 2015

The High Court granted an application for judicial review and quashed an inspector's costs decision on the basis of inadequate reasoning.....

Case

R (oao Sharp) v Chelmsford City Council and the Environment Agency [2013] EWHC 4180 (Admin)

30th January 2015

Challenge to a green belt proposal for a floor alleviation scheme on the claimants' land where the reference in the officers report to "very special circumstances" which was a requirement....

Case

R (oao Peter Gibson) v Harrow LBC and Parish of St George Headstone [2013] EWHC 3449 (Admin)

30th January 2015

An Interested Party successfully opposed a judicial review of a planning permission granted to it where a local resident argued that the decision was flawed because of an alleged failure....

Case

Margate Town Centre Regeneration Company and others v Secretary of State for Communities and Local Government and Thanet District Council [2013] EWCA (Civ) 1178

30th January 2015

The Court of Appeal upheld the High Court's decision earlier in the year in [2013] EWHC 973 dismissing the objecting landowners' challenges to the Dreamland CPO under sections 23 and....

Case

R (oao Estates and Agency Limited) v London Borough of Dagenham and Redbridge and Tesco Stores Limited [2012]EWHC 3744

30th January 2015

A retail park owner successfully challenged a grant of planning permission which permitted an extension to a nearby superstore, as planning officers had failed to properly or fairly identify a....

Case

Myrtle Francis and others v Secretary of State for Transport [2013] CO/10/2013

30th January 2015

Department for Transport submitted to judgment on a defective Trunk Road Order that adversely affected the claimant's land.....

Case

R (on the application of Kelly) v Dorset County Council [2011] EWHC 187

30th January 2015

A local authority which had granted planning permission to itself had not acted unlawfully. It had not ignored alternatives to its proposal and in the circumstances it was right for....

Case

R (on the application of Loader) v Poole BC and Ravine Lifestyle [2009] EWHC 1288 Admin

30th January 2015

Failure of local planning authority to properly summarise the reasons for granting planning permission contrary to Article 22(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995.....

Case

New Forest District Council v Shutler [2005] EWHC 3122 Admin

30th January 2015

Planning injunction granted against continued unauthorised use, appropriateness of injunctive relief and hardship to third parties.....

Case

North Devon District Council v First Secretary of State and Stokes [2004] EWHC 578 (Admin)

30th January 2015

Where there had been continuous occupation of a holiday home for more than ten years, in breach of a planning condition preventing occupation in winter months, there had been a....

Case

Wheeler v First Secretary of State and Wealden District Council [2003] EWHC 1194 Admin

30th January 2015

Inspector's decision letter quashed on a planning and enforcement notice appeal on ground of unfairness where inspector relied on case not cited by the parties and not referred to them....

News

Local Government Lawyer - Challenging HSE enforcement notices

3rd December 2014

Martin Edwards joins Cornerstone

....

News

Martin Edwards joins Cornerstone

1st December 2014

We are delighted to announce the arrival of Martin Edwards, a Planning and Environmental specialist who joins us from Thirty Nine Essex Street. Martin provides advocacy, strategic, tactical and legal advice....

Case

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

14th November 2012

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

Case

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

14th November 2012

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

EVENT

Birmingham Planning Seminar for Private Practitioners

28th November 2016

2

Powering the Midlands Engine – new tools or old spanners? An autumn update Some might see the concept of the Midlands Engine as little more than empty political rhetoric. However evidence suggest....

EVENT

West Midlands Planning Seminar (Public Sector)

26th September 2016

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Cornerstone Barristers and Birmingham City Council invite you to the West Midlands Planning Law Seminar taking place on Monday 26th September at 43 Temple Row, Birmingham, B2 5LS. Aimed at local....

EVENT

Birmingham Private Planning Seminar

19th September 2016

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Autumn approaches. After the tumultuous events of this year it is time to take stock and to examine what the future may have in store for the planning system and....