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....
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,....
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....
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....
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....
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....
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....
R (Crematoria Management Limited) v Welwyn Hatfield Borough Council  EWHC 382 (Admin)
1st March 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
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....
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  UKSC 15 concerning enforcement time limits in cases....
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....
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....
Government grants permission for fracking in Lancashire
6th October 2016
In a landmark decision the Secretary of State for Communities and Local Government has today granted planning permission for shale gas fracking (hydraulic fracturing) at a site in Lancashire.
The Oil and Gas Authority Becomes an Independent Regulator
4th October 2016
As of 1 October 2016, the Oil and Gas Authority (OGA) became the independent regulator for offshore and onshore oil and gas operations in the United Kingdom. The Cornerstone Hydrocarbon....
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....
Stevens v Ismail  UKUT 43 (LC),  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....
Surrey CC v Windsor and Maidenhead RLBC  EWHC 2901 (Admin)
17th February 2016
Traffic regulation order – consultation – sufficiency of evidence....
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....
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....
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....
R (Carter) v Swansea City and County Council  EWHC 75 (Admin)
10th November 2015
Windfarm – planning permission – decision-making – lawfulness of conditions....
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.
Parmar v Barnet LBC  UKUT 510 (LC),  RVR 9
22nd September 2015
Compulsory purchase of derelict house – compensation – valuation – home loss payment....
Cornerstone on the Planning Court
1st September 2015
Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.
Cornerstone 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.
29th July 2015
Development of 240 houses on agricultural land south of New Moor Farm and east of North End, Southminster.
Cornerstone on Councillors’ Conduct
26th June 2015
Cornerstone on Councillors' Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today.
Planning Magazine: The Planning Law Survey 2015
31st May 2015
Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession.
James Findlay QC, Mark....
Law v Essex County Council  EWHC 329 (Admin),  JPL 731
17th February 2015
School development – whether compatible with a rural location – adequacy of officer's report....
R (Carter) v Swansea City and County Council  EWHC 75 (Admin),  EG 1509, 132
22nd January 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  EWHC 3592 (Admin),  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.....
R (Lady Hart of Chilton) v Babergh District Council  EWHC 3261 (Admin),  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....
R (Lady Hart of Chilton) v Babergh DC  EWHC 3261 (Admin)
14th October 2014
Planning permission for development affecting listed buildings – adequacy of report – economic justification – adequacy of s 106 agreement....
Dartford BC v Secretary of State for Communities and Local Government and Landhold Capital Limited  EWHC 2636 (Admin),  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....
Barnwell Manor Wind Energy Ltd v E.Northants DC, English Heritage, National Trust & SSCLG
18th February 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....
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
R (Stern) v Horsham District Council  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....
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....
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....
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....
Trail Riders Fellowship v Peak District National Park Authority  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....
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....
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....
Joyce v Epsom & Ewell Borough Council  EWCA Civ 1398  1 EGLR 21
30th October 2012
Right of way – estoppel – dealings between council and claimant's predecessor in title – extent of equity required.....
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....
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....
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....
Murphy v SSCLG and Wycombe DC  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....
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....
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....
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....
R (McDonagh) v Hackney London Borough Council  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.....
Wright v Horsham DC  UKUT 319 (LC),  JPL 1618
22nd September 2011
Refusal of consent to fell tree protected by TPO – compensation – causation – valuation....
Wright v Horsham District Council  UKUT 319 (LC),  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....
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  EWHC (Admin) ...read....
Tew v South Northamptonshire Council  UKUT 333 (LC),  RVR 80
22nd September 2010
Compulsory purchase of disused public house – compensation – residual method of valuation....
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  EWHC 535 (Admin)
R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas  EWHC (Admin) 71,  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.
R (Clear Channel) v Hammersmith & Fulham LBC  EWCA Civ 2142,  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"
Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council  EWHC 535 (Admin),  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
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.
R (Helford Village Development Co Ltd) v Kerrier DC  EWHC 400 (Admin),  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
R (Moore) v Secretary of State for Communities and Local Government  EWHC 2736 (Admin)
21st October 2007
Allotments – consent to appropriate – exceptional circumstances – rationality – human rights....