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Philip Kolvin

Robin Green

Called
1992
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Robin is an experienced planning and public law barrister with expertise across a number of practice areas.

He specialises in planning and environment, local authority governance and services, administrative and public law, and property.

"He is able to pick up any part of planning and deal with it with ease"

Chambers and Partners 2020

"A very able and calm advocate with great forensic skills. Extremely effective"

The Legal 500 2019

Robin regularly appears at inquiries and in the High Court on behalf of private clients and local authorities. He also appears in the Upper Tribunal (Lands Chamber) in property and compensation cases.

Robin is frequently called on to advise on cross-cutting legal problems, as well as on tactical and evidential issues. He takes a commercial and pragmatic approach to litigation.

He has long been ranked in the legal directories as a leading junior in planning and administrative law/local government areas.

Robin is able to accept direct access instructions.

"Completely unflappable and he is able to pick up any part of planning and deal with it with ease." "Very efficient and easy to work with." Chambers and Partners 2020

"Expert at assisting councils with the full range of matters associated with gypsies." The Legal 500 2020

"He grasps issues very quickly, identifies key matters and cuts a clear path. He is always very helpful and very good with clients." "He is very detailed and understands and interprets data very well. He has strength in setting out the issues and dealing with them. His closing statement was sharp, focused and compelling." Chambers and Partners 2019

"A very able and calm advocate with great forensic skills." The Legal 500 2019

"Extremely effective." The Legal 500 2019

"He is a fantastic advocate and is extremely thorough. A pleasure to work with, he is great with planning clients and witnesses." "A tenacious advocate, offering client-focused advice, who is efficient in his delivery and effective in argument." Chambers and Partners 2018

"A methodical researcher, a calm and commanding advocate, and a wise, dependable ally." Legal 500 2017

"He explains points in a way that clients can understand." Legal 500 2017

"Worth his weight in gold. He provides very clear, practical advice, often reducing complex issues to easily understandable summaries. His advocacy is like his approach to providing advice in that it very clearly focuses on the issues at hand." Chambers and Partners 2017

"He is thorough and painstaking, and he emanates assurance." Chambers and Partners 2017

"He is very user-friendly and helpful." Chambers and Partners 2016

"Very calm, well-prepared and thorough, and very generous with his time." Legal 500 2016

"An extremely impressive advocate." Legal 500 2015

Overview

Robin's planning practice divides broadly into inquiries, High Court challenges and advisory work. He has extensive experience of a range of developments, including residential, commercial and infrastructure projects. He advises and appears for private sector clients and local planning authorities in cases involving (among other things):

  • Green Belt, AONBs and national parks
  • Heritage assets
  • EIA/SEA/appropriate assessment
  • Housing need
  • Viability
  • Minerals
  • Renewable energy
  • Enabling development
  • Planning obligations
  • Tree preservation orders
  • Advertisement control
  • Compulsory acquisition
  • Compensation
  • Enforcement (including enforcement notices and injunctions)
  • Lawful development certificates

To give a flavour of his practice, the following is a list of some of Robin's planning cases in the past two years:

  • Land off Station Road, Long Melford, Suffolk - Recovered appeal concerning 150 dwellings by the village of Long Melford. Landscape impact, district housing need and local need were in issue - 1 April 2020.
  • DAF Trucks Limited, Eastern Bypass, Thame - Planning appeal relating to the residential development (including a care home) of a warehouse and office site. Adequacy of marketing and fall-back were in issue - 27 March 2020.
  • Frith Manor Farm, Lingfield Road, East Grinstead - Planning appeal relating to a 101-dwelling scheme close to East Grinstead. Green Belt harm, landscape impact and heritage impact were in issue - 2 March 2020.
  • Land at the Elms, Upper High Street, Thame - Planning appeal relating to a 'housing with care' development within the grounds of a listed villa in the town of Thame. The nature of the appeal proposals (C2 or C3), heritage impact and the application of affordable housing policy were in issue - 21 October 2019.
  • Retirement Villages Development Ltd v South Oxfordshire DC [2020] PAD 2 - Planning appeal relating to an extra care housing scheme outside the village of Lower Shiplake. Spatial strategy, landscape impact, highway safety and the application of affordable housing policy were in issue - 14 October 2019.
  • Hillside Parks Ltd v Snowdonia National Park Authority [2019] EWHC 2587 (QB) - Claim for a declaration that a planning permission granted in 1967 for the construction of 401 dwellings on a site in Aberdyfi could still be built out, notwithstanding the grant of subsequent permissions for development on discrete parts of the site. Now under appeal to the Court of Appeal - 8 October 2019.
  • Sevenoaks District Council v Mustafa; Sevenoaks District Council v Kullar - Crown Court prosecutions of the manager and owners of an unauthorised hostel in Swanley, resulting in convictions of all three defendants - 2 August, 5 December 2019.
  • R (McLennan) v Medway Council [2019] EWHC 1738 (Admin), [2019] PTSR 2025, [2020] Env LR 5, [2020] JPL 123 - Judicial review challenge of a decision to grant planning permission for a neighbour's roof extension which would overshadow the claimant's solar panels. The principal issue was whether the effect of development on private renewable energy equipment was a material planning consideration - 10 July 2019.
  • Canterbury CC v Secretary of State for Communities and Local Government; and Hollamby Estates (2005) Ltd [2019] EWHC 1211 (Admin), [2019] JPL 1321 - A challenge to the Secretary of State's grant of planning permission for 800 dwellings near Herne Bay on the grounds that that (a) there had not been an environmental impact assessment as required by European law and (b) the Secretary of State had been wrong to grant permission in circumstances where funding for a relief road deemed essential for the development was uncertain - 14 May 2019.
  • Waterhall Quarry, Lower Hatfield Road, Hertford - Enforcement appeals concerning the deposit of waste at a quarry in Hertfordshire. The reasonableness and lawfulness of the requirements in the enforcement notice were in issue - 1 October 2018.
  • Land at Kingfisher Farm, West Chiltington Lane, Billingshurst, West Sussex - Enforcement and planning appeals concerning a large unauthorised gypsy caravan site in the countryside near Billingshurst. Implementation of a previous permission (applying Hart Aggregates) and impact on character and appearance were in issue - 17 September 2018.
  • Land at Strode Farm, Lower Herne Road, Herne Bay, Kent - Planning appeal relating to a new mixed use neighbourhood with up to 800 dwellings, commercial and community development within a local centre, spine road, estate roads and other ancillary elements near Herne Bay. Viability, highway safety, infrastructure requirements and environmental impacts were in issue - 6 August 2018.
  • Land South of the High Street, Tetsworth - Planning appeal relating to a 60-dwelling scheme outside the village of Tetsworth. Landscape impact, sustainability and primary school capacity were in issue - 4 June 2018.
  • Farnham Park Hotel and Restaurant, Hale Road, Farnham - Planning appeal relating to a 97-dwelling scheme next to Farnham. Housing land supply, landscape impact and heritage impact were in issue - 27 March 2018.

Cases

Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner
07.08.2020

David Foley v The County Council of the City and County of Cardiff [2020] EWHC 2182 (Admin)

....

Threat to historic music venue lifted as noise abatement notice quashed
01.07.2019
A noise abatement notice that threatened to stop live music being played at The Star Inn in Guildford, a longstanding music venue where The Stranglers first performed, has been quashed....

People over Wind: Use of discretion, the appropriate assessment regime and risk taking in s.106 obligations
17.05.2019

Canterbury City Council v Secretary of State for Housing, Communities and Local Government and Hollamby Estates (2005) Limited [2019] EWHC 1211 (Admin)

....

Housing scheme refused following Written Ministerial Statement for housing land supply in Oxfordshire
19.11.2018
A planning Inspector has dismissed an appeal concerning a proposed housing scheme of up to 245 dwellings on land in South Oxfordshire adjacent to Reading. The decision is of particular note....

Major infrastructure and proportionality of contributions, the role of indemnities and delays in the appeal process
09.08.2018
On 6 August 2018, the Secretary of State rejected his Inspector's recommendation and granted outline planning permission for the development of a new mixed-use neighbourhood with up to 800 dwellings,....

Conflict with new neighbourhood plan outweighs benefits of housing scheme next to South Oxfordshire village
20.07.2018
In a recovered appeal the Secretary of State has refused permission for 120 homes on a field next to the village of Benson in South Oxfordshire. Although the field was unremarkable....

Lawful development certificate refused for extensive hardstanding next to industrial building
05.06.2018
A commercial site in Elmbridge with a complicated planning history was said to benefit from permitted development rights under Class J, Part 7, Schedule 2 to the 2015 GPDO to....

Housing scheme next to South Oxfordshire village refused
04.06.2018
An inspector has rejected proposals for a 60-dwelling scheme on land next to the village of Tetsworth in South Oxfordshire. Although at the inquiry it had been common ground that the....

97 dwelling scheme outside Farnham rejected following adoption of local plan
27.03.2018
A scheme for 97 dwellings and an area of Suitable Alternative Natural Greenspace near Farnham Park was rejected by a planning inspector on the grounds that it would adversely affect....

R (Crematoria Management Limited) v Welwyn Hatfield Borough Council [2018] EWHC 382 (Admin)
01.03.2018
Crematorium-Green Belt-environmental impact assessment-screening-urban development project-error in report to committee.....

Major housing scheme deemed unsustainable notwithstanding deficient housing supply
01.12.2017
A scheme for 400 dwellings, 60 independent living apartments, a shop, café and primary school next to a village near Cranleigh has been refused planning permission by an inspector after....

Appellant's deception robs him of enforcement time limit
20.09.2017
In a rare application of the decision in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government [2011] UKSC 15 concerning enforcement time limits in cases....

Large Housing Development Dismissed Due to Risk to Green Belt
25.07.2017
Robin Green successfully acted for Wycombe District Council in resisting an appeal concerning outline proposals for 131 houses on a former sports ground on the edge of a sustainable Buckinghamshire....

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....

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....

Scheme for 30 dwellings in a countryside strategic gap refused notwithstanding a shortfall in housing land supply
10.08.2016
An appeal against Waverley Borough Council's refusal of planning permission for a 30-dwelling scheme on agricultural land within a strategic gap was dismissed on grounds of harm to the character....

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....

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.

....

Appeal decision
29.07.2015
Development of 240 houses on agricultural land south of New Moor Farm and east of North End, Southminster. APP/X1545/A/14/2224678....

Law v Essex County Council [2015] EWHC 329 (Admin), [2015] JPL 731
17.02.2015
School development – whether compatible with a rural location – adequacy of officer's report....

R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin), [2015] EG 1509, 132
22.01.2015
Windfarm – challenge to grant of permission – adequacy of report – whether evidence required that conditions could be fulfilled.....

R (Moore) v Secretary of State for Communities and Local Government and Watford Borough Council [2014] EWHC 3592 (Admin), [2015] JPL 728
31.10.2014
Allotments – challenge to decision to consent to appropriation for purposes of development – whether application for consent misleading – change in circumstances after application made.....

R (Lady Hart of Chilton) v Babergh District Council [2014] EWHC 3261 (Admin), [2015] JPL 491
16.10.2014
Nine out of 10 grounds of challenge to the grant of planning permission for industrial buildings close to Grade 1, Grade 2* and Grade 2 listed buildings dismissed. Question of....

Dartford BC v Secretary of State for Communities and Local Government and Landhold Capital Limited [2014] EWHC 2636 (Admin), [2015] 1 P&CR 2
24.06.2014
Challenge to grant of planning permission – whether inspector correctly approached development plan and NPPF policy on sustainable development....

Barnwell Manor Wind Energy Ltd v E.Northants DC, English Heritage, National Trust & SSCLG
18.02.2014
[2014] EWCA Civ 137 Court of Appeal rejects Barnwell Manor wind farm appeal, upholds the statutory duty to give considerable weight to preserving the setting of listed buildings. Today the Court of....

Appeal decision
07.01.2014
Redevelopment of warehousing and storage building to provide 51 dwellings - GR Warehousing, Old Station Yard, Old Station Road, Mendlesham, Stowmarket, Suffolk, IP14 5RT APP/W3520/A/13/2199563....

R (Stern) v Horsham District Council [2013] 3 All ER 798
28.12.2013
Planning – enforcement notice – defect in service – failure of recipient to appeal in time – prejudice – refusal to withdraw notice – ambit of appeal to Secretary of....

Judge quashes wind farm permission in case brought by local authority, English Heritage and the National Trust.
08.03.2013
In an important decision on the correct approach to development affecting heritage assets, Mrs Justice Lang has struck down the decision of a planning inspector allowing a wind farm within....

Challenge to wind farm decision awaiting judgment
22.02.2013
In a rare joint challenge brought by East Northamptonshire District Council, English Heritage and the National Trust, the decision by an inspector to grant planning permission for a four-turbine wind....

Trail Riders Fellowship v Peak District National Park Authority [2012] EWHC 3359 (Admin)
10.12.2012
The powers of a national park authority to make traffic regulation orders were considered by the High Court (Ouseley J). The authority had made an experimental traffic regulation order, which was....

High Court judge recuses himself on the basis of his membership of English Heritage and National Trust
07.12.2012
In East Northamptonshire District Council & Ors v SoS, which involved a challenge to the grant of planning permission for a wind farm brought by, inter alia, English Heritage and....

Proprietary Estoppel in the Court of Appeal
17.11.2012
Joyce v Epsom & Ewell Borough Council – Court of Appeal On 17 October the Court of Appeal reserved judgment in a case where a landowner is seeking to raise a....

Joyce v Epsom & Ewell Borough Council [2012] EWCA Civ 1398 [2013] 1 EGLR 21
30.10.2012
Right of way – estoppel – dealings between council and claimant's predecessor in title – extent of equity required.....

Inquiry work
24.08.2012
Inquiry work over the past few years has included:

  • Major, mixed use redevelopment in Brent
  • Major residential redevelopment in Sevenoaks
  • Major residential development in Eastbourne
  • Major residential development in Horsham
  • Major residential development in Welwyn....

  • Planning inquiry into Code 5 homes
    24.07.2012
    Robin Green appeared for Rhondda Cynon Taf County Borough Council in an inquiry into whether permission should be granted for houses reaching level 5 of the Code for Sustainable Homes....

    No obligation on Secretary of State to reopen gypsy caravan site inquiry following reinstatement of Regional Strategy
    14.05.2012
    The ripples caused by the Cala Homes litigation were considered by Foskett J in a challenge to the decision of the Secretary of State to refuse planning permission in an....

    Murphy v SSCLG and Wycombe DC [2012] EWHC 1198 (Admin)
    14.05.2012
    Challenge to dismissal of appeal concerning a gypsy caravan site in the Green Belt – alleged breach of rules of natural justice by Secretary of State in not allowing further....

    National Trust challenge to a wind farm
    25.04.2012
    Morag Ellis and Robin Green have been instructed on behalf of the National Trust in a challenge to the grant of planning permission for a wind farm within 1 mile....

    The Secretary of State’s attempted revocation of regional strategies create further ripples
    21.03.2012
    Further ripples from the Secretary of State's attempted revocation of regional strategies. In Murphy v Secretary of State and Wycombe District Council the claimant has challenged the refusal of planning permission....

    R (McDonagh) v Hackney LBC
    22.02.2012
    The Administrative Court gave judgment this week in favour of Hackney LBC in a challenge to the rationality of the local authority's policy for allocation of pitches for travellers. The....

    R (McDonagh) v Hackney London Borough Council [2012] EWHC 373 (Admin)
    15.02.2012
    Challenge to gypsy caravan site allocations policy – allegedly irrational in requiring applicants to maintain a connection with Hackney and to register annually – challenge dismissed.....

    Wright v Horsham District Council [2011] UKUT 319 (LC), [2011] JPL 1618
    22.08.2011
    Claim for compensation for cost of underpinning to a property following refusal of consent to fell trees protected by a tree preservation order. Claim contested on grounds of causation. Question....

    Late challenge to a planning permission; discontinuance and compensation
    25.02.2011
    Late challenge to a planning permission; discontinuance and compensation Thursday, February 25, 2010 R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) ...read....

    Challenge to an emerging Local Development Plan
    15.03.2010

    Challenge to an emerging Local Development Plan
    Monday, March 15, 2010

    Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council [2010] EWHC 535 (Admin)

    ....

    R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) 71, [2010] 2 P&CR 198
    01.01.2010

    A significant case involving two challenges: one to the grant of planning permission in 2005 for a caravan and camping site; the other to decisions taken by the defendant authority in 2008 concerning enforcement and discontinuance. Notwithstanding the lapse of some 3 ½ years between the grant of permission and the issue of proceedings, the court quashed the permission on a variety of grounds arising from differences between the application and the permission.

    ....

    Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council [2010] EWHC 535 (Admin), [2011] JPL 1169
    01.01.2010

    Challenge to an emerging Local Development Plan On 15 March 2010 Mr Justice Beatson dismissed a challenge to the Vale of Glamorgan's Local Development Plan preferred strategy brought by two developers that wished to see their own site included in the draft plan as a strategic housing allocation

    ....

    News

    Zoom webinar - Planning Case Law Review
    27.05.2020
    In this webinar, Tom Cosgrove QC and Robin Green discuss the most significant decisions of the higher courts and their implications for planning in 2020. If you missed the webinar, you can....

    Response to the Housing, Communities and Local Government Committee's inquiry on fracking
    24.04.2018
    Some of our planning barristers have responded to the Housing, Communities and Local Government Committee's inquiry into planning guidance on fracking. You can read the response here.  Our barristers have extensive experience in....

    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 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.

    ....

    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....

    Planning and Local Government issues for Wales
    07.09.2009

    Planning and Local Government issues for Wales
    Monday, September 07, 2009

    Chambers was proud to host this essential guide to the latest Planning and Local Government legislative and policy issues affecting Local Authorities at Cardiff City Hall.

    ....

    Events

    Zoom webinar - Planning Case Law Review
    21.05.2020


    The Planning Court does not stand still and the past 12 months have seen a number of important cases illuminate and at times alter the operation of the planning system. Tom....

    Annual Planning Day 2019 - Practical Answers
    04.11.2019

    1
    Aimed at planning consultants and developers, the conference will specifically focus on providing practical answers to the biggest questions in planning law, as well as a look at what the....

    Overview

    Robin has long experience advising public authorities and private individuals on the lawfulness of administrative decisions. He has appeared in numerous judicial reviews and statutory challenges, principally in the fields of planning and highways.

    For local authority clients in England and Wales, Robin is often called on to advise on:

    • Constitutional provisions
    • Executive arrangements
    • Agency arrangements
    • Officer reports and decision-making
    • Councillors' conduct
    • Finance
    • Land transactions
    • Public procurement

    For example, the topics on which Robin has advised local authorities in the past two years include traffic regulation orders; the adoption of highways; the public sector equality duty; business improvement districts; common land; noise abatement notices; membership of a parish council; community governance reviews; Convention rights and the use of public spaces; street works; petitions; stamp duty land tax; community protection notices; and data protection.

    Robin has also appeared in a number of significant public law and judicial review cases, including (in the past two years):

    • R (McLennan) v Medway Council [2019] EWHC 1738 (Admin), [2019] PTSR 2025, [2020] Env LR 5, [2020] JPL 123 - Judicial review challenge of a decision to grant planning permission for a neighbour's roof extension which would overshadow the claimant's solar panels. The principal issue was whether the effect of development on private renewable energy equipment was a material consideration.
    • Canterbury CC v Secretary of State for Communities and Local Government; and Hollamby Estates (2005) Ltd [2019] EWHC 1211 (Admin), [2019] JPL 1321 - A challenge to the Secretary of State's grant of planning permission for 800 dwellings near Herne Bay on the grounds that that (a) there had not been an environmental impact assessment as required by European law and (b) the Secretary of State had been wrong to grant permission in circumstances where funding for a relief road deemed essential for the development was uncertain.
    • R (Britwell PC) v Slough BC; R (Wexham Court PC) v Slough BC [2019] EWHC 998 (Admin), [2019] PTSR 1904, [2019] ACD 70 - A challenge to a decision of the defendant authority to abolish two parish councils.
    • Calor Gas Ltd v Norfolk CC [2019] EWHC 308 (Admin), [2019] LLR 239 - A challenge to the defendant highway authority's policy on permitting the laying of private undertakers' apparatus in the highway.
    • R (Crematoria Management Ltd) v Welwyn Hatfield BC [2018] EWHC 382 (Admin), [2018] PTSR 1310, [2018] Env LR 26, [2018] JPL 946 - A challenge to the defendant authority's decision to grant planning permission for a crematorium in the Green Belt.

    Robin is well aware of the need for expedition in public law challenges and is used to advising on claims at short notice.

    Cases

    Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner
    07.08.2020

    David Foley v The County Council of the City and County of Cardiff [2020] EWHC 2182 (Admin)

    ....

    People over Wind: Use of discretion, the appropriate assessment regime and risk taking in s.106 obligations
    17.05.2019

    Canterbury City Council v Secretary of State for Housing, Communities and Local Government and Hollamby Estates (2005) Limited [2019] EWHC 1211 (Admin)

    ....

    High Court rules that the abolition of two parish councils was unlawful
    17.04.2019
    R (Britwell Parish Council) v Slough BC; R (Wexham Court Parish Council) v Slough BC [2019] EWHC 998 (Admin)Community governance review – decision to abolish two parish councils – duty....

    High Court dismisses challenge to local authority policy restricting the installation of private apparatus in the highway
    18.02.2019

    Calor Gas Limited v Norfolk County Council [2019] EWHC 308 (Admin)

    ....

    R (Crematoria Management Limited) v Welwyn Hatfield Borough Council [2018] EWHC 382 (Admin)
    01.03.2018
    Crematorium-Green Belt-environmental impact assessment-screening-urban development project-error in report to committee.....

    Surrey CC v Windsor and Maidenhead RLBC [2016] EWHC 2901 (Admin)
    17.02.2016
    Traffic regulation order – consultation – sufficiency of evidence....

    R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin)
    10.11.2015
    Windfarm – planning permission – decision-making – lawfulness of conditions....

    R (Moore) v Secretary of State for Communities and Local Government and Watford Borough Council [2014] EWHC 3592 (Admin), [2015] JPL 728
    31.10.2014
    Allotments – challenge to decision to consent to appropriation for purposes of development – whether application for consent misleading – change in circumstances after application made.....

    R (Lady Hart of Chilton) v Babergh DC [2014] EWHC 3261 (Admin)
    14.10.2014
    Planning permission for development affecting listed buildings – adequacy of report – economic justification – adequacy of s 106 agreement....

    Barnwell Manor Wind Energy Ltd v E.Northants DC, English Heritage, National Trust & SSCLG
    18.02.2014
    [2014] EWCA Civ 137 Court of Appeal rejects Barnwell Manor wind farm appeal, upholds the statutory duty to give considerable weight to preserving the setting of listed buildings. Today the Court of....

    Appeal decision
    07.01.2014
    Redevelopment of warehousing and storage building to provide 51 dwellings - GR Warehousing, Old Station Yard, Old Station Road, Mendlesham, Stowmarket, Suffolk, IP14 5RT APP/W3520/A/13/2199563....

    Trail Riders Fellowship v Peak District National Park Authority [2012] EWHC 3359 (Admin)
    10.12.2012
    The powers of a national park authority to make traffic regulation orders were considered by the High Court (Ouseley J). The authority had made an experimental traffic regulation order, which was....

    Proprietary Estoppel in the Court of Appeal
    17.11.2012
    Joyce v Epsom & Ewell Borough Council – Court of Appeal On 17 October the Court of Appeal reserved judgment in a case where a landowner is seeking to raise a....

    Inquiry work
    24.08.2012
    Inquiry work over the past few years has included:

  • Major, mixed use redevelopment in Brent
  • Major residential redevelopment in Sevenoaks
  • Major residential development in Eastbourne
  • Major residential development in Horsham
  • Major residential development in Welwyn....

  • Planning inquiry into Code 5 homes
    24.07.2012
    Robin Green appeared for Rhondda Cynon Taf County Borough Council in an inquiry into whether permission should be granted for houses reaching level 5 of the Code for Sustainable Homes....

    No obligation on Secretary of State to reopen gypsy caravan site inquiry following reinstatement of Regional Strategy
    14.05.2012
    The ripples caused by the Cala Homes litigation were considered by Foskett J in a challenge to the decision of the Secretary of State to refuse planning permission in an....

    Murphy v SSCLG and Wycombe DC [2012] EWHC 1198 (Admin)
    14.05.2012
    Challenge to dismissal of appeal concerning a gypsy caravan site in the Green Belt – alleged breach of rules of natural justice by Secretary of State in not allowing further....

    National Trust challenge to a wind farm
    25.04.2012
    Morag Ellis and Robin Green have been instructed on behalf of the National Trust in a challenge to the grant of planning permission for a wind farm within 1 mile....

    The Secretary of State’s attempted revocation of regional strategies create further ripples
    21.03.2012
    Further ripples from the Secretary of State's attempted revocation of regional strategies. In Murphy v Secretary of State and Wycombe District Council the claimant has challenged the refusal of planning permission....

    R (McDonagh) v Hackney LBC
    22.02.2012
    The Administrative Court gave judgment this week in favour of Hackney LBC in a challenge to the rationality of the local authority's policy for allocation of pitches for travellers. The....

    R (Moore) v Secretary of State for Communities and Local Government [2016] EWHC 2736 (Admin)
    21.10.2007
    Allotments – consent to appropriate – exceptional circumstances – rationality – human rights....

    News

    New recommendations for councillors from Committee on Standards in Public Life
    05.02.2019
    On 30 January 2019, the Committee on Standards in Public Life published its long-awaited report on local government ethical standards, reflecting evidence obtained via a consultation exercise carried out from....

    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....

    Overview

    Robin regularly advises on property matters, including:

    • Covenants (their meaning and effect; enforcement; applications to the Upper Tribunal for their variation or discharge; application of s 203 of the Housing and Planning Act 2016)
    • Easements (express, implied or prescriptive; extent; enforcement)
    • Leases (commercial and residential; meaning and effect; enforcement of terms)
    • Conveyances
    • Adverse possession
    • Nuisance (statutory and at common)
    • Trespass
    • Compulsory purchase (acquisition and compensation)

    While much of Robin's advisory work is intended to avoid litigation, sometimes it is inevitable. Robin appears in High Court, county court and Upper Tribunal property cases, acting for public and private sector clients. His property cases include:

    • Abbots Ride Land Limited v Surrey County Council [2019] EWHC 3560 (QB) - A claim for a declaration as to whether a verge providing access to a development site was subject to public rights of way.
    • Shepherd Neame Ltd v Guildford BC (Guildford magistrates' court, 1 July 2019) - Appeal by a pub operator against a noise abatement notice served in respect of amplified music.
    • R (Moore) v Secretary of State and Watford BC [2016] EWHC (2736) Admin, [2016] ACD 135 - A challenge to the decision of the Secretary of State to allow Watford BC to appropriate allotments for the purposes of a regeneration scheme.
    • Stevens v Ismail [2016] UKUT 43 (LC), [2016] L&TR 21 - An application to the Upper Tribunal to modify a restrictive covenant preventing alterations to two flats.
    • Parmar v Barnet LBC [2015] UKUT 510 (LC), [2016] RVR 9 - An application to the Upper Tribunal to determine the compensation payable for the compulsory acquisition of a derelict detached house.
    • Wright v Horsham DC [2011] UKUT 319 (LC), [2011] JPL 1618 - An application to the Upper Tribunal for the assessment of compensation payable for subsidence caused by encroaching tree roots from a protected tree.
    • Tew v South Northamptonshire Council [2010] UKUT 333 (LC), [2011] RVR 80 - An application to the Upper Tribunal to determine the compensation payable for the compulsory acquisition of a disused pub.

    Cases

    Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner
    07.08.2020

    David Foley v The County Council of the City and County of Cardiff [2020] EWHC 2182 (Admin)

    ....

    Stevens v Ismail [2016] UKUT 43 (LC), [2016] L&TR 21
    23.05.2016
    Application to modify restrictive covenants – deed of variation – whether operated as surrender and regrant of lease – whether application lawful....

    Parmar v Barnet LBC [2015] UKUT 510 (LC), [2016] RVR 9
    22.09.2015
    Compulsory purchase of derelict house – compensation – valuation – home loss payment....

    Wright v Horsham DC [2011] UKUT 319 (LC), [2011] JPL 1618
    22.09.2011
    Refusal of consent to fell tree protected by TPO – compensation – causation – valuation....

    Tew v South Northamptonshire Council [2010] UKUT 333 (LC), [2011] RVR 80
    22.09.2010
    Compulsory purchase of disused public house – compensation – residual method of valuation....

    Overview

    For many years Robin has advised numerous local authorities (and those affected by their decisions) on a range of local government issues. In addition to specific planning matters (for which see Robin's planning practice area profile), Robin is regularly called on to advise on vires, governance, internal procedure and conduct issues. He has appeared in numerous judicial reviews and statutory challenges involving local authority decisions.

    By way of example, in the past two years Robin has advised on traffic regulation orders; the adoption of highways; the public sector equality duty; business improvement districts; common land; noise abatement notices; membership of a parish council; community governance reviews; Convention rights and the use of public spaces; street works; petitions; stamp duty land tax; community protection notices; and data protection.

    Robin's local government cases over the past few years include:

    • R (McLennan) v Medway Council [2019] EWHC 1738 (Admin), [2019] PTSR 2025, [2020] Env LR 5, [2020] JPL 123 - A challenge to a decision of the defendant council to grant planning permission for a neighbour's roof extension which would overshadow the claimant's solar panels.
    • R (Britwell PC) v Slough BC; R (Wexham Court PC) v Slough BC [2019] EWHC 998 (Admin), [2019] PTSR 1904, [2019] ACD 70 - A challenge to a decision of the defendant council to abolish two parish councils.
    • Calor Gas Ltd v Norfolk CC [2019] EWHC 308 (Admin), [2019] LLR 239 - A challenge to the defendant highway authority's policy on permitting the laying of private undertakers' apparatus in the highway.
    • R (Crematoria Management Ltd) v Welwyn Hatfield BC [2018] EWHC 382 (Admin), [2018] PTSR 1310, [2018] Env LR 26, [2018] JPL 946 - A challenge to the defendant council's decision to grant planning permission for a crematorium in the Green Belt.
    • Surrey CC v Windsor & Maidenhead RLBC [2016] EWHC 2901 - A statutory challenge brought by the county council highway authority against a traffic order made by the borough council.
    • R (Law) v Essex County Council [2015] EWHC 329 (Admin) - A challenge to the decision of the defendant council to grant planning permission for a primary school.
    • R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin) - A challenge to the decision of the defendant council to grant planning permission for a wind farm.
    • R (Lady Hart of Chilton) v Babergh District Council [2014] EWHC 3261 (Admin), [2015] JPL 491 - A challenge to the decision of the defendant council to grant planning permission for two industrial buildings in close proximity to a number of heritage assets.
    • R (Stern) v Horsham District Council [2013] EWHC 1460 (Admin), [2013] 3 All ER 798 - A challenge to the decision of the defendant council to issue two enforcement notices.

    Robin was one of the contributors to Cornerstone on Councillors' Conduct.

    Cases

    Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner
    07.08.2020

    David Foley v The County Council of the City and County of Cardiff [2020] EWHC 2182 (Admin)

    ....

    Threat to historic music venue lifted as noise abatement notice quashed
    01.07.2019
    A noise abatement notice that threatened to stop live music being played at The Star Inn in Guildford, a longstanding music venue where The Stranglers first performed, has been quashed....

    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

    New recommendations for councillors from Committee on Standards in Public Life
    05.02.2019
    On 30 January 2019, the Committee on Standards in Public Life published its long-awaited report on local government ethical standards, reflecting evidence obtained via a consultation exercise carried out from....

    Cornerstone on Councillors’ Conduct
    26.06.2015

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

    ....

    Encyclopaedia of Forms and Precedents

    1st October 2019

    Robin was the principal contributor to the Housing section of Volume 18 of the Encyclopaedia of Forms and Precedents.

    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

    Robin contributed to Cornerstone on Councillors' Conduct, edited by Philip Kolvin QC.

    Licensed Premises: Law, Practice and Policy (2nd ed)

    28th January 2014

    Contributor to chapter 31: Planning and other strategies.

    Westlaw Insight

    1st December 2012

    • Local authority land transactions
    • Local authority publicity
    • Local government finance: capital

    Learn more about Westlaw Insight

    Volume 18 (Highways and Housing) of the Encyclopaedia of Forms and Precedents

    3rd September 2012

    Volume 18 (Highways and Housing) of the Encyclopaedia of Forms and Precedents has just been reissued. The Encyclopaedia provides expert commentary and an extensive range of precedents for non-contentious work. Peter Miller was the principal contributor to the Highways title and Robin Green was the principal contributor to the Housing title.

    Encyclopaedia of Forms and Precedents

    1st January 2007

    Principal contributor to the Encyclopaedia of Forms and Precedents, vol. 18 (Housing) 2007 Reissue.

    Robin gives seminars to clients on particular planning and local government issues of interest to them.

    • PEBA
    • ALBA

    Case: Public Law and Judicial Review, Planning and Environment, Property, Local Government

    Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner

    7th August 2020

    David Foley v The County Council of the City and County of Cardiff [2020] EWHC 2182 (Admin)

    ....

    News: Planning and Environment

    Zoom webinar - Planning Case Law Review

    27th May 2020

    In this webinar, Tom Cosgrove QC and Robin Green discuss the most significant decisions of the higher courts and their implications for planning in 2020. If you missed the webinar, you can....

    Case: Public Law and Judicial Review, Planning and Environment

    Climate change policy and legislation mean council cannot ignore effect of new development on existing solar panels

    10th July 2019

    R (McLennan) v Medway Council [2019] EWHC 1738 (Admin)

    ....

    Case: Planning and Environment, Local Government

    Threat to historic music venue lifted as noise abatement notice quashed

    1st July 2019

    A noise abatement notice that threatened to stop live music being played at The Star Inn in Guildford, a longstanding music venue where The Stranglers first performed, has been quashed....

    Case: Public Law and Judicial Review, Planning and Environment

    People over Wind: Use of discretion, the appropriate assessment regime and risk taking in s.106 obligations

    17th May 2019

    Canterbury City Council v Secretary of State for Housing, Communities and Local Government and Hollamby Estates (2005) Limited [2019] EWHC 1211 (Admin)

    ....

    Case: Public Law and Judicial Review

    High Court rules that the abolition of two parish councils was unlawful

    17th April 2019

    R (Britwell Parish Council) v Slough BC; R (Wexham Court Parish Council) v Slough BC [2019] EWHC 998 (Admin)Community governance review – decision to abolish two parish councils – duty....

    Case: Public Law and Judicial Review

    High Court dismisses challenge to local authority policy restricting the installation of private apparatus in the highway

    18th February 2019

    Calor Gas Limited v Norfolk County Council [2019] EWHC 308 (Admin)

    ....

    News: Public Law and Judicial Review, Local Government

    New recommendations for councillors from Committee on Standards in Public Life

    5th February 2019

    On 30 January 2019, the Committee on Standards in Public Life published its long-awaited report on local government ethical standards, reflecting evidence obtained via a consultation exercise carried out from....

    Case: Planning and Environment

    Housing scheme refused following Written Ministerial Statement for housing land supply in Oxfordshire

    19th November 2018

    A planning Inspector has dismissed an appeal concerning a proposed housing scheme of up to 245 dwellings on land in South Oxfordshire adjacent to Reading. The decision is of particular note....

    Case: Planning and Environment

    Major infrastructure and proportionality of contributions, the role of indemnities and delays in the appeal process

    9th August 2018

    On 6 August 2018, the Secretary of State rejected his Inspector's recommendation and granted outline planning permission for the development of a new mixed-use neighbourhood with up to 800 dwellings,....

    Case: Planning and Environment

    Conflict with new neighbourhood plan outweighs benefits of housing scheme next to South Oxfordshire village

    20th July 2018

    In a recovered appeal the Secretary of State has refused permission for 120 homes on a field next to the village of Benson in South Oxfordshire. Although the field was unremarkable....

    Case: Planning and Environment

    Lawful development certificate refused for extensive hardstanding next to industrial building

    5th June 2018

    A commercial site in Elmbridge with a complicated planning history was said to benefit from permitted development rights under Class J, Part 7, Schedule 2 to the 2015 GPDO to....

    Case: Planning and Environment

    Housing scheme next to South Oxfordshire village refused

    4th June 2018

    An inspector has rejected proposals for a 60-dwelling scheme on land next to the village of Tetsworth in South Oxfordshire. Although at the inquiry it had been common ground that the....

    News: Planning and Environment

    Response to the Housing, Communities and Local Government Committee's inquiry on fracking

    24th April 2018

    Some of our planning barristers have responded to the Housing, Communities and Local Government Committee's inquiry into planning guidance on fracking. You can read the response here.  Our barristers have extensive experience in....

    Case: Planning and Environment

    97 dwelling scheme outside Farnham rejected following adoption of local plan

    27th March 2018

    A scheme for 97 dwellings and an area of Suitable Alternative Natural Greenspace near Farnham Park was rejected by a planning inspector on the grounds that it would adversely affect....

    Case: Public Law and Judicial Review, Planning and Environment

    R (Crematoria Management Limited) v Welwyn Hatfield Borough Council [2018] EWHC 382 (Admin)

    1st March 2018

    Crematorium-Green Belt-environmental impact assessment-screening-urban development project-error in report to committee.....

    Case: Planning and Environment

    Major housing scheme deemed unsustainable notwithstanding deficient housing supply

    1st December 2017

    A scheme for 400 dwellings, 60 independent living apartments, a shop, café and primary school next to a village near Cranleigh has been refused planning permission by an inspector after....

    Case: Planning and Environment

    Appellant's deception robs him of enforcement time limit

    20th September 2017

    In a rare application of the decision in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government [2011] UKSC 15 concerning enforcement time limits in cases....

    Case: Planning and Environment

    Large Housing Development Dismissed Due to Risk to Green Belt

    25th July 2017

    Robin Green successfully acted for Wycombe District Council in resisting an appeal concerning outline proposals for 131 houses on a former sports ground on the edge of a sustainable Buckinghamshire....

    Case: Planning and Environment,

    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....

    Case: Planning and Environment,

    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....

    Case: Planning and Environment, Housing

    Scheme for 30 dwellings in a countryside strategic gap refused notwithstanding a shortfall in housing land supply

    10th August 2016

    An appeal against Waverley Borough Council's refusal of planning permission for a 30-dwelling scheme on agricultural land within a strategic gap was dismissed on grounds of harm to the character....

    Case: Property

    Stevens v Ismail [2016] UKUT 43 (LC), [2016] L&TR 21

    23rd May 2016

    Application to modify restrictive covenants – deed of variation – whether operated as surrender and regrant of lease – whether application lawful....

    Case: Public Law and Judicial Review

    Surrey CC v Windsor and Maidenhead RLBC [2016] EWHC 2901 (Admin)

    17th February 2016

    Traffic regulation order – consultation – sufficiency of evidence....

    News: Planning and Environment,

    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: Planning and Environment,

    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....

    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....

    Case: Public Law and Judicial Review

    R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin)

    10th November 2015

    Windfarm – planning permission – decision-making – lawfulness of conditions....

    Case: Planning and Environment,

    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.

    ....

    Case: Property

    Parmar v Barnet LBC [2015] UKUT 510 (LC), [2016] RVR 9

    22nd September 2015

    Compulsory purchase of derelict house – compensation – valuation – home loss payment....

    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:

    Cornerstone Barristers supports Bar Mock Trial Competition

    5th August 2015

    Cornerstone Barristers has taken part in a training video to accompany the Bar Mock Trial Competition set up by the Citizenship Foundation, a charity aimed at educating young people about the law, politics and democratic life.

    ....

    Case: Planning and Environment

    Appeal decision

    29th July 2015

    Development of 240 houses on agricultural land south of New Moor Farm and east of North End, Southminster. APP/X1545/A/14/2224678....

    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.

    ....

    News: Public Law and Judicial Review, Planning and Environment

    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: Planning and Environment

    Law v Essex County Council [2015] EWHC 329 (Admin), [2015] JPL 731

    17th February 2015

    School development – whether compatible with a rural location – adequacy of officer's report....

    Case: Planning and Environment,

    R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin), [2015] EG 1509, 132

    22nd January 2015

    Windfarm – challenge to grant of permission – adequacy of report – whether evidence required that conditions could be fulfilled.....

    Case: Public Law and Judicial Review, Planning and Environment

    R (Moore) v Secretary of State for Communities and Local Government and Watford Borough Council [2014] EWHC 3592 (Admin), [2015] JPL 728

    31st October 2014

    Allotments – challenge to decision to consent to appropriation for purposes of development – whether application for consent misleading – change in circumstances after application made.....

    Case: Planning and Environment

    R (Lady Hart of Chilton) v Babergh District Council [2014] EWHC 3261 (Admin), [2015] JPL 491

    16th October 2014

    Nine out of 10 grounds of challenge to the grant of planning permission for industrial buildings close to Grade 1, Grade 2* and Grade 2 listed buildings dismissed. Question of....

    Case: Public Law and Judicial Review

    R (Lady Hart of Chilton) v Babergh DC [2014] EWHC 3261 (Admin)

    14th October 2014

    Planning permission for development affecting listed buildings – adequacy of report – economic justification – adequacy of s 106 agreement....

    Case: Planning and Environment

    Dartford BC v Secretary of State for Communities and Local Government and Landhold Capital Limited [2014] EWHC 2636 (Admin), [2015] 1 P&CR 2

    24th June 2014

    Challenge to grant of planning permission – whether inspector correctly approached development plan and NPPF policy on sustainable development....

    Case: Public Law and Judicial Review, Planning and Environment

    Barnwell Manor Wind Energy Ltd v E.Northants DC, English Heritage, National Trust & SSCLG

    18th February 2014

    [2014] EWCA Civ 137 Court of Appeal rejects Barnwell Manor wind farm appeal, upholds the statutory duty to give considerable weight to preserving the setting of listed buildings. Today the Court of....

    Case: Public Law and Judicial Review, Planning and Environment

    Appeal decision

    7th January 2014

    Redevelopment of warehousing and storage building to provide 51 dwellings - GR Warehousing, Old Station Yard, Old Station Road, Mendlesham, Stowmarket, Suffolk, IP14 5RT APP/W3520/A/13/2199563....

    Case: Planning and Environment

    R (Stern) v Horsham District Council [2013] 3 All ER 798

    28th December 2013

    Planning – enforcement notice – defect in service – failure of recipient to appeal in time – prejudice – refusal to withdraw notice – ambit of appeal to Secretary of....

    Case: Planning and Environment

    Judge quashes wind farm permission in case brought by local authority, English Heritage and the National Trust.

    8th March 2013

    In an important decision on the correct approach to development affecting heritage assets, Mrs Justice Lang has struck down the decision of a planning inspector allowing a wind farm within....

    Case: Planning and Environment

    Challenge to wind farm decision awaiting judgment

    22nd February 2013

    In a rare joint challenge brought by East Northamptonshire District Council, English Heritage and the National Trust, the decision by an inspector to grant planning permission for a four-turbine wind....

    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

    Trail Riders Fellowship v Peak District National Park Authority [2012] EWHC 3359 (Admin)

    10th December 2012

    The powers of a national park authority to make traffic regulation orders were considered by the High Court (Ouseley J). The authority had made an experimental traffic regulation order, which was....

    Case: Planning and Environment,

    High Court judge recuses himself on the basis of his membership of English Heritage and National Trust

    7th December 2012

    In East Northamptonshire District Council & Ors v SoS, which involved a challenge to the grant of planning permission for a wind farm brought by, inter alia, English Heritage and....

    Case: Public Law and Judicial Review, Planning and Environment

    Proprietary Estoppel in the Court of Appeal

    17th November 2012

    Joyce v Epsom & Ewell Borough Council – Court of Appeal On 17 October the Court of Appeal reserved judgment in a case where a landowner is seeking to raise a....

    Case: Planning and Environment

    Joyce v Epsom & Ewell Borough Council [2012] EWCA Civ 1398 [2013] 1 EGLR 21

    30th October 2012

    Right of way – estoppel – dealings between council and claimant's predecessor in title – extent of equity required.....

    Case: Public Law and Judicial Review, Planning and Environment

    Inquiry work

    24th August 2012

    Inquiry work over the past few years has included:
  • Major, mixed use redevelopment in Brent
  • Major residential redevelopment in Sevenoaks
  • Major residential development in Eastbourne
  • Major residential development in Horsham
  • Major residential development in Welwyn....

  • Case: Public Law and Judicial Review, Planning and Environment

    Planning inquiry into Code 5 homes

    24th July 2012

    Robin Green appeared for Rhondda Cynon Taf County Borough Council in an inquiry into whether permission should be granted for houses reaching level 5 of the Code for Sustainable Homes....

    Case: Public Law and Judicial Review, Planning and Environment

    No obligation on Secretary of State to reopen gypsy caravan site inquiry following reinstatement of Regional Strategy

    14th May 2012

    The ripples caused by the Cala Homes litigation were considered by Foskett J in a challenge to the decision of the Secretary of State to refuse planning permission in an....

    Case: Public Law and Judicial Review, Planning and Environment

    Murphy v SSCLG and Wycombe DC [2012] EWHC 1198 (Admin)

    14th May 2012

    Challenge to dismissal of appeal concerning a gypsy caravan site in the Green Belt – alleged breach of rules of natural justice by Secretary of State in not allowing further....

    Case: Public Law and Judicial Review, Planning and Environment,

    National Trust challenge to a wind farm

    25th April 2012

    Morag Ellis and Robin Green have been instructed on behalf of the National Trust in a challenge to the grant of planning permission for a wind farm within 1 mile....

    Case: Public Law and Judicial Review, Planning and Environment

    The Secretary of State’s attempted revocation of regional strategies create further ripples

    21st March 2012

    Further ripples from the Secretary of State's attempted revocation of regional strategies. In Murphy v Secretary of State and Wycombe District Council the claimant has challenged the refusal of planning permission....

    Case: Public Law and Judicial Review, Planning and Environment

    R (McDonagh) v Hackney LBC

    22nd February 2012

    The Administrative Court gave judgment this week in favour of Hackney LBC in a challenge to the rationality of the local authority's policy for allocation of pitches for travellers. The....

    Case: Planning and Environment

    R (McDonagh) v Hackney London Borough Council [2012] EWHC 373 (Admin)

    15th February 2012

    Challenge to gypsy caravan site allocations policy – allegedly irrational in requiring applicants to maintain a connection with Hackney and to register annually – challenge dismissed.....

    Case: Property

    Wright v Horsham DC [2011] UKUT 319 (LC), [2011] JPL 1618

    22nd September 2011

    Refusal of consent to fell tree protected by TPO – compensation – causation – valuation....

    Case: Planning and Environment

    Wright v Horsham District Council [2011] UKUT 319 (LC), [2011] JPL 1618

    22nd August 2011

    Claim for compensation for cost of underpinning to a property following refusal of consent to fell trees protected by a tree preservation order. Claim contested on grounds of causation. Question....

    Case: Planning and Environment

    Late challenge to a planning permission; discontinuance and compensation

    25th February 2011

    Late challenge to a planning permission; discontinuance and compensation Thursday, February 25, 2010 R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) ...read....

    Case: Property

    Tew v South Northamptonshire Council [2010] UKUT 333 (LC), [2011] RVR 80

    22nd September 2010

    Compulsory purchase of disused public house – compensation – residual method of valuation....

    Case: Planning and Environment

    Challenge to an emerging Local Development Plan

    15th March 2010

    Challenge to an emerging Local Development Plan
    Monday, March 15, 2010

    Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council [2010] EWHC 535 (Admin)

    ....

    Case: Planning and Environment

    R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) 71, [2010] 2 P&CR 198

    1st January 2010

    A significant case involving two challenges: one to the grant of planning permission in 2005 for a caravan and camping site; the other to decisions taken by the defendant authority in 2008 concerning enforcement and discontinuance. Notwithstanding the lapse of some 3 ½ years between the grant of permission and the issue of proceedings, the court quashed the permission on a variety of grounds arising from differences between the application and the permission.

    ....

    News:

    R (Clear Channel) v Hammersmith & Fulham LBC [2009] EWCA Civ 2142, [2010] JPL 751

    1st January 2010

    Advertising control – deemed consent – advertisements on land for more than 10 years – whether material change in display of advertisements – whether deemed consent lost – whether "right to revert"

    ....

    Case: Planning and Environment

    Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council [2010] EWHC 535 (Admin), [2011] JPL 1169

    1st January 2010

    Challenge to an emerging Local Development Plan On 15 March 2010 Mr Justice Beatson dismissed a challenge to the Vale of Glamorgan's Local Development Plan preferred strategy brought by two developers that wished to see their own site included in the draft plan as a strategic housing allocation

    ....

    News: Planning and Environment

    Planning and Local Government issues for Wales

    7th September 2009

    Planning and Local Government issues for Wales
    Monday, September 07, 2009

    Chambers was proud to host this essential guide to the latest Planning and Local Government legislative and policy issues affecting Local Authorities at Cardiff City Hall.

    ....

    Case:

    R (Helford Village Development Co Ltd) v Kerrier DC [2009] EWHC 400 (Admin), [2009] JPL 1386

    1st January 2009


    Challenge to grant of permission for new jetty and access road – site of special scientific interest and special area of conservation – proposed restoration of mid and lower foreshore – difficulty in achieving this – adequacy of officer's report

    ....

    Case: Public Law and Judicial Review

    R (Moore) v Secretary of State for Communities and Local Government [2016] EWHC 2736 (Admin)

    21st October 2007

    Allotments – consent to appropriate – exceptional circumstances – rationality – human rights....

    High Court rules that the abolition of two parish councils was unlawful

    17th April 2019

    R (Britwell Parish Council) v Slough BC; R (Wexham Court Parish Council) v Slough BC [2019] EWHC 998 (Admin)Community governance review – decision to abolish two parish councils – duty....