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Philip Kolvin

Wayne Beglan

Called
1996
Telephone
020 7242 4986
Clerk
Ben Connor
CV
Email

Wayne Beglan undertakes most forms of local government work and also has a wide private client base.

He has particular expertise in judicial review, planning, housing, regeneration, landlord and tenant, employment, procurement and contractual work for local authorities, RPs, developers and corporations.

Wayne Beglan undertakes most forms of local government work and also has a wide private client base.

He has particular expertise in judicial review, housing, planning, regeneration, landlord and tenant, employment, procurement and contractual work for local authorities, RPs, developers and corporations. He has appeared in various tribunals; and has extensive experience in the high court and significant experience in the appellate courts.

He is recognized as a leading junior barrister in administrative law, planning, local government, and housing. He appears in Chambers & Partners and the Legal 500.  He is currently retained to promote local plans for Luton, Waverley and Welwyn Hatfield.

"Throughout my 17 years at Brethertons LLP, I have instructed Wayne on behalf of my customers in numerous, complex and high value commercial and civil litigation matters. Wayne's, attention and eye for detail is always second to none. He is flexible and always available to discuss existing or proposed cases and/or just for that 'ad hoc' piece of advice. His approach to customers is tailored to their specific needs, however he maintains a straight forward, honest and open personality. Wayne is always one of my first choice and 'go to' barristers and I would have absolutely no hesitation in recommending him in the areas of law in which he practises" - Sioban Calcott - Senior Associate (TS) Dispute Resolution at Brethertons Solicitors LLP

"I like working with Wayne. He is always impeccably prepared and meets deadlines (no matter how unreasonable). His written advice is clear, thorough but concise. He has a very calm and persuasive advocacy style which Inspectors seem to like. He deals with complicated points with clarity and skill. He is also a really nice bloke."  - Duncan Moors, Legal Director at Ashfords LLP

"I was a client of Wayne Beglan who dealt with a number of Judicial Reviews on the Council's behalf. His knowledge base was exceptional and I am extremely impressed with his practical and skilful approach in dealing with a number of complex matters, which subsequently led to a successful result. I have and will continue to recommend him to colleagues and look forward to instructing him in the future." - Pauline Campbell, Senior Lawyer, LB Hackney

"Encyclopaedic knowledge of local government law." Chambers & Partners 2018

"Very good on his feet in the High Court." Chambers & Partners 2018

"A favourite of local authorities."  Chambers & Partners 2018

"Always meets tight deadlines and provides excellent advice." Legal 500 2017

"Helpful and reliable." Legal 500 2017

"Very thorough and excellent on his feet." "He provides really good skeleton arguments and is a wonderfully articulate advocate who makes compelling arguments." Chambers & Partners 2017

"A strong advocate in the High Court who is very well structured in terms of his arguments and very clear on what his case is." "A tough cookie." Chambers & Partners 2017

"Brilliant paperwork. He drafts letters which close down complex queries and result in the other side's lawyers waving the white flag." Chambers & Partners 2017

"Very able to grasp the situation and provide commercially sensible advice." Legal 500 2016

"A very good advocate who is highly professional and offers good client care. " - Chambers & Partners 2016

"Has a methodical and well-prepared approach to his advice and advocacy." "He is amiable, down-to-earth, easy to work with, and someone who knows his stuff." - Chambers & Partners 2016

"He's unflappable, and a safe pair of hands."  - Chambers & Partners 2016

"He has a strong local government practice." - Legal 500 2015

Overview

Wayne is recognised as a leading junior in planning law in Chambers & Partners, and in the Planning Magazine survey of the Bar.

Examples of recent advisory / inquiry / high court work include:

  • Leading a team providing advice to Metropolitan Housing Trust in relation to the development of Clapham Park (>2,500 residential units over 36 ha)
  • Representing Waverley BC in a called in inquiry in relation to 1,800 units at Dunsfold Aerodrome
  • Representing a surrey authority in JR of resolution to grant planning permission for 2,600 units
  • CAAD appeal relating to settlement boundaries: Boland v. Bridgend CBC [2016] UKUT 174 (LC); [2017] EWCA Civ 1004; [2017] RVR 243
  • Advising and representing Luton BC in the promotion of their local plan (successfully adopted in November 2017)
  • Advising and representing Waverley BC in the promotion of their local plan (main modifications currently in process)
  • Advising and representing Welwyn Hatfield Council in the promotion of their local plan (DtC passed, examination ongoing)
  • Advising Harlow Council in the development of their local plan
  • Advising in relation to a residential led application for over 1,500 units
  • Advising on the correct approach to CIL charging, and the granting of exceptional relief including issues of State Aid
  • Promoting a 61 unit residential scheme (Land at Mead Park, Barnstaple)
  • Resisting a 153 unit residential scheme in recovered appeal (Land at Waverley Lane, Waverley)
  • Promoting S.288 challenge, SoS consented to judgment: Concerned inspectors dimissal of appeal from refusal of PP.  Correct approach to 5 year HLS:  Foley v. SoSCLG & Chelmsford CC (CO/4391/2015)
  • Promoting S.288 challenge, SoS consented to judgment.  Concerned inspectors dismissal of appeal from refusal of PP. Correct approach to §14 NPPF, absence of 5 year HLS, construction of DP policy.: Rogers v. SoSCLG & Aylesbury Vale DC (CO / 2168 / 2016)
  • Promoting S.288 challenge, approach to expert evidence in waste management.  Decision successfully quashed:  Humphreys v. SoSCLG [2016] EWHC 4152 (Admin) 
  • Proper construction of a Breach of Condition Notice and a planning condition relating to a coach depot.  Council's decision successfully upheld:  R (XPL Ltd) v. Harlow Council [2016] EWCA Civ 378
  • Proper construction of a planning permission:  R (Kemball) v. SoSCLG [2015] EWHC 3338 (Admin); [2016] JPL 359
  • Advice and 6 week call-in inquiry in relation to the proposed RERF/incinerator at New Barnfield, Welwyn – successfully resisting the scheme on behalf of Welwyn HC. He also appeared in the related s.288 challenge. 
  • Representing local planning authorities in preserving the confidentiality of sensitive information relating to the viability of significant developments.
  • Judicial review / s.288 in relation to the correct approach to highway safety (DMRB vs M4S) – successfully resisting claims made against the LPA (Alderson v. SoSCLG & Wealden DC, 25.11.14, Admin).
  • Inquiry in relation to appeal relating to 12 unit gypsy and traveller site.
  • Advising a London authority in relation to the West London Waste Plan.
  • Judicial review of SoS refusal to call-in a decision relating to the provision of 5,000 new homes.
  • Advising on large retail schemes for two local authorities in Bedfordshire and Hertfordshire.
  • Judicial review and prosecutions in relation to BT advertising on behalf of two LPA's (Bridgend and Colchester) – successful in securing the withdrawal of the JR and removal of the offending adverts.
  • Advice in relation to viability analysis, s.106 agreement, and proper approach to a 200 dwelling scheme (Great Blakenham, Suffolk).
  • Advice in relation to the proper approach to a 30 unit residential scheme in Sussex.
  • Advice and inquiry relating to a proposed development of 350 dwellings (Shutterton Park, Devon).
  • Judicial review relating to a grant of permission for a 17 unit scheme – successfully resisted the challenge (South Northamptonshire DC v SoSCLG & Plummer, [2013] EWHC 4377 (Admin)).
  • Statutory challenge relating to the refusal of the Welsh Ministers to grant permission for a regeneration scheme (Burry Port, Carmarthenshire; [2013] EWHC 3293 (Admin).
  • Advice and inquiry relating to a proposed development of 185 dwellings (Bradley Road, Devon).
  • Inquiry in relation to a c. 100 unit scheme in Elmbridge (The Pavilion, Hurst Lane) – successfully resisting the appeal on two occasions relating to different schemes.
  • Judicial review relating to the correct approach for defining the extent of neighbourhood areas. Successful in HC (Daws Hill Neighbourhood Forum v. Wycombe DC & Ors [2013] PTSR 970).
  • Judicial review relating to redevelopment affecting the setting of a World Heritage Site (The Longboat Café, Budleigh Salterton; [2013] EWHC 4114, Admin).
  • Inquiry relating to an new urban edge for Harlow, 1,200 dwellings – Harlowbury.
  • Inquiry in relation to an 80 dwelling site forming part of a proposed strategic allocation west of Stafford.
  • Securing an injunction in relation to an Occupy London site (Hackney LBC v. Persons Unknown – 27 June 2012).
  • Roads CPO inquiry into the Cogges Link Road in Witney– appearance on behalf of a statutory objector - successfully resisting the making of the CPO. Acting in a linked judicial review.
  • R (Davies) v. Stafford BC [2012] EWHC 971 (Admin) – successfully resisting challenge to grant of planning permission.
  • Appearing in Garner v. Elmbridge BC and Ors (redevelopment of Hampton Court Palace) – Supreme Court – successfully resisting the appeal to the S Ct at the permission stage.
  • Inquiry relating to an application for 450 student dwellings – College Road, Welwyn – successfully resisting the appeal.
  • Hearing into an 80 unit scheme in Elmbridge – successfully resisting the appeal.
  • Advising a Sussex authority in relation to an urban edge of c. 1,000 dwellings.
  • Appearing in the High Court, Court of Appeal and Supreme Court (Feb 2011) in the case of Beesley – successful appeal in the S Ct.  This case is the leading case on the use of deception in seeking immunity from planning control:  Welwyn Hatfield Council v. Beesley [2011] 2 AC 304.

Cases

Welwyn Hatfield local plan examination opens
22.09.2017
The Inspector (Mr Melvyn Middleton BA(Econ), DipTP DipMgmt) has opened the hearings in relation to the Welwyn Hatfield Local Plan. Yesterday the inspector heard submissions on legal compliance and the....

Luton Local Plan found sound
25.08.2017
The Inspector's report on the examination into the Luton Local Plan 2011-2031 has now been published.  Luton successfully moved through the Duty to Co-operate stage (Stage 1) and the Strategic....

The Dunsfold Aerodrome call-in inquiry
11.08.2017
The Dunsfold Aerodrome call-in inquiry has now closed.  The inspector will in due course report to the Secretary of State.  The inquiry sat between 18 July 2017 and 3 August....

Balancing waste provision with Green Belt protection
22.07.2015

By a decision dated 16 July 2015 the Secretary of State, adopting in substance the reasons given by his inspector, has maintained his refusal of a planning permission for a substantial Recycling and Energy Recovery Facility, with a capacity of 380,000 tonnes per annum and volume of 585,000 m3, at land at New Barnfield in Welwyn, following a legal challenge in the High Court.

....

Secretary Of State Refuses Permission For New Barnfield 380 Tkpa RERF
10.07.2014
The Secretary of State, adopting in substance the reasons given by his inspector, has refused planning permission for a substantial Recycling and Energy Recovery Facility, with a capacity of 380,000....

Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
06.04.2014

Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
Wednesday, April 06, 2011

....

LPA has a broad discretion to exclude specific sites from a Neighbourhood Area
15.03.2013
Daws Hill Neighbourhood Forum v. Wycombe DC, SoSCLG and Taylor Wimpey UK Ltd [2013] UKHC (Admin), Supperstone J. On 13 March 2013 the High Court decided that the discretion conferred upon....

Welwyn Hatfield Council v SoS for Communities & Local Government & Anor [2009] EWHC 966 (Admin)
01.01.2009

Claim brought under s 288 of the Town and Country Planning Act challenging a decision of an inspector to grant a lawful development certificate in respect of the use of a building which had been constructed for the purpose of use as a barn but which, in fact, had been used as a dwelling house. The case turned upon the true construction of the relevant provisions of s 171B of the Town and Country Planning Act 1990.

....

Court of Appeal Hat Trick
09.01.2008
The last few days of December saw members of Chambers in the Court of Appeal in three very different cases. The cases were: 1. Neath Port Talbot County Borough Council v Ware....

News

Luton Local Plan Adopted – Reconciling exporting housing need and the Duty to Co-operate
09.11.2017
On Tuesday, Luton Council unanimously resolved to adopt its emerging local plan, accepting the recommendations contained in the inspector's report. The plan and report provide a useful example of how an....

LexisPSL - Queen's Speech 2016 - neighbourhood planning
02.06.2016
Wayne Beglan has authored an article for LexisPSL on the key points of interest for local government practitioners in the Queen's Speech. In particular, Wayne looks at governance and the extent....

Lexis PSL - Interpreting the scope of planning conditions
26.05.2016
Wayne Beglan has written an article for Lexis PSL on the decision in R (on the application of XPL Ltd) v Harlow Council, which concerned the issuing of a breach....

R. (on the application of XPL Ltd) v Harlow Council [2016] EWCA Civ 378
20.04.2016
The Court of Appeal has upheld a breach of condition notice issued by Harlow Council in relation to the hours of operation of a sui generis coach depot. The relevant words....

Wales Planning Law Update
20.10.2015
On Monday 19th October the Cornerstone Planning Team presented a Wales Planning Law Update at our Wales office at One Caspian Point. The day consisted of a morning seminar for Local....

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....

Court refuses to grant injunction for removal of weir
02.04.2012

The High Court, in a robust defence of local authority decision making, has dismissed an application for judicial review of Stafford Borough Council's grant of planning permission for a slurry store.

....

Overview

He is recognised as a leading junior in administrative law, local government and social housing. He acts for local housing authorities, registered social landlords, and national housebuilders.

He advises on and appears in high court and county court claims involving Parts 5, 6 and 7 of the Housing Act 1996; the Housing Act 1985 and the Housing Act 1988. He has advised several authorities on policy issues including regeneration schemes, allocation schemes, local letting policies, out of area placement policies, homelessness strategies and  discrimination issues of various kinds.  He advises on and appears in cases dealing with construction of contracts in various settings related to redevelopment and housing. He also advises and deals with litigation involving procurement contracts.

Some recent cases in this area are:

  • Boland v Bridgend CBC [2016] UKUT 174 (LC) - correct approach to a CAAD involving settlement boundaries.
  • Firoozmand v LB Lambeth [2015] EWCA Civ 952; [2016] PTSR 65; [2015] HLR 45 - correct approach to applying HHSRS to Part VII HA 1996 applications
  • R (HA) v Ealing LBC [2015] EWHC 2375 (Admin); [2016] PTSR 16 - correct approach to ineligibility in Part VI HA 1996 allocation schemes
  • Ansari v Southwark LBC [2015] UKUT 204 (LC) - correct approach to prohibition orders, and estoppel in prosecutions
  • Waaler v Hounslow LBC [2015] UKUT 17 (LC) - subject to appeal in CA (early 2017).  Leading case on whether the considerations in deciding if expenses were reasonably incurred varies depending on whether works are works of repair or improvement
  • R (Turley) v Wandsworth LBC [2015] EWHC 4040 (Admin); [2015] PTSR D11 - subject to appeal in CA (late 2016).  Case concerning whether the HA 1985 succession provisions for secure tenancies are discriminatory. 

Earlier cases in which he has appeared in the High Court and Court of Appeal across a variety of subjects in the housing field include: Poorsalehy [2013] EWHC 3687 (QB); Hackney LBC v PU [2012] EWHC 2828 (QB); Raw [2010] EWHC 507; Barber [2010] EWCA Civ 51, [2010] HLR 26; McKenzie [2009] EWHC 1097; Dixon [2009] EWHC 27, [2009] L&TR 28; Lee [2008] EWCA Civ 1013; Nipyo [2008] EWHC 847, [2008] HLR 37; Green [2007] EWCA Civ 1367, [2008] HLR 28;  Watchman [2007] EWCA Civ 348, [2007] HLR 33; Danesh [2006] EWCA Civ 1404, [2007] 1 WLR 69; Lee-Lawrence [2006] EWCA Civ 1672; Ozbek [2006] EWCA Civ 534, [2006] HLR 41;  Calgin [2005] EWHC 1716, [2006] 1 All ER 112; Hall [2004] EWCA Civ 1740, [2005] 2 All ER 192. 

Cases

Hazard assessments of accommodation: a matter of judgement for Local Authorities according to Court of Appeal
21.09.2015

In a recent case the Court of Appeal has held that a local authority offering accommodation to a homeless applicant who complained about its condition, was not obliged to carry out a hazard inspection and assessment before deciding on the suitability of the accommodation offered.

....

Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
06.04.2014

Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
Wednesday, April 06, 2011

....

Is a woman's refuge accommodation?
22.04.2008
R Richards v Ipswich BC & SoS for Communities and Local Government [2008] EWCA Civ 378 A recent decision has sought to clarify this difficult issue and develop a realistic set....

Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin); [2008] EWCA Civ 595
01.01.2008

ayne Beglan acted successfully for the defendant; the court upholding Wandsworth LBC's decision that the claimant was ineligible for housing accommodation.

....

R Richards v Ipswich BC & SoS for Communities and Local Government [2008] EWCA Civ 378; [2008] 1 WLR 2387; [2008] 4 All ER 304
01.01.2008

Wayne Beglan and James Findlay QC acted successfully for Ipswich BC in this joined hearing of two appeals regarding whether a women's refuge constituted "accommodation" for the purposes of the Housing Act 1996 Pt VII.

....

News

When is a reason a good reason – s.204(2A) Housing Act 1996
13.12.2013

two recent cases the High Court has considered whether there were "good reasons" to extend the 21-day time limit to appeal under s.204 Housing Act 1996: Peake v London Borough of Hackney [2013] EWHC 2528 (QB) and Poorsalehy v London Borough of Wandsworth [2013] EWHC 3687 (QB).

....

Appeal-proof Homelessness Decisions
16.09.2007

Held on 13 September 2007, this is the first in our series of half-day sessions on housing related topics.

....

Overview

He is recognised as a leading junior in local government, administrative law, planning and social housing. He acts for local housing authorities, registered social landlords, national housebuilders and private land owners.

He has extensive experience of dealing with issues arising from the ownership of land including dealing with section 106 agreements, easements, restrictive and positive covenants, boundary disputes, trusts of land, and redevelopment of land.

Recent cases include:

  • Boland v Bridgend CBC [2016] UKUT 174 (LC) - correct approach to a CAAD involving settlement boundaries
  • Birdlip v Hunter [2016] EWCA Civ 603 - correct approach to local development schemes and the necessity for a defined estate
  • Chetwynd v Tunmore [2015] EWHC 156; [2016] Env LR 23 - abstraction of water, defined channels, breach of statutory duty, causation
  • Firoozmand v LB Lambeth [2015] EWCA Civ 952; [2016] PTSR 65; [2015] HLR 45 - correct approach to applying HHSRS to Part VII HA 1996 applications.
  • Ansari v Southwark LBC [2015] UKUT 204 (LC) - correct approach to prohibition orders, and estoppel in prosecutions
  • Waaler v Hounslow LBC [2015] UKUT 17 (LC) - subject to appeal in CA (early 2017). Leading case on whether the considerations in deciding if expenses were reasonably incurred varies depending on whether works are works of repair or improvement
  • Prashar v Tunbridge Wells BC [2012] EWHC 1734 (Ch) - adverse possession, boundaries, land registration and rectification of the register
  • Peterkin v Merton LBC [2011] EWHC 376 (Ch) - charging orders, IVA's

Cases

Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin); [2008] EWCA Civ 595
01.01.2008

ayne Beglan acted successfully for the defendant; the court upholding Wandsworth LBC's decision that the claimant was ineligible for housing accommodation.

....

Lee v Rhondda Cynon Taf County Borough Council [2008] EWCA Civ 1013 01.01.2008
01.01.2008

The appellant, a gypsy, claimed that her Article 8 rights had been infringed by the accepted failure of the authority to provide her with a pitch on an existing site or considering whether to provide new pitches. The court clarified the guidance given in Codona (2004).

....

News

Courts clear the way for development of one of Britain’s “worst wasted spaces” opposite Hampton Court Palace
29.11.2011

The Supreme Court have refused permission to appeal against the decision of the Court of Appeal in R(on the application of Garner) v Elmbridge Borough Council [2011] EWCA Civ 891. The Claimant had challenged Elmbridge BC's grant of planning permission for redevelopment, including a hotel, of the Jolly Boatman site opposite Hampton Court Palace

....

Public Sector Housing Conference - CLT
18.01.2007

Three members of Chambers spoke at this well-attended conference:

Wayne Beglan, Peggy Etiebet and Jon Holbrook.

....

Overview

He is recognised as a leading junior in administrative law, local government, planning and housing; and appears in both Chambers & Partners and the Legal 500.  

Wayne acts for local authorities, registered social landlords, and national housebuilders. This means he has expertise in judicial review of housing decisions, planning decisions, and the exercise of local authority powers more generally. His exposure to Judicial Review cases is extensive.  He routinely advises on High Court matters for a large number of local authorities and is instructed by a wide number of local authorities in dealing with planning, housing,  employment, and contractual work.  He frequently deals with procurement issues arising from significant redevelopment projects including the use of Development Agreements; as well as issues arising from shared services and rationalisation of services.  He is currently promoting emerging local plans on behalf of Luton, Waverley and Welwyn Hatfield.

Recent cases / advisory work in this area includes:

  • Defending a JR challenging a resolution to grant planning permission for 1,800 new homes
  • Defending a £1M+ misfeasance claim against a local authority
  • Councillors conduct, sanctions:  Taylor v. EDDC & HTC (2016)
  • Highway Authority / owner liability for sinkholes
  • The extent of necessary consultation before altering welfare schemes
  • Injunctive relief against councillors proposing to disclose sensitive material
  • Defamation of councillors by implication, inference or innuendo
  • Appearance of bias in decision making: NAMM v Cardiff CBC 
  • CIL charging
  • The New Homes Bonus
  • The Estate Scheme operated by Welwyn Hatfield Council
  • Emergency works to listed buildings, Buildings Act 1984, LBA 1991
  • Street renaming schemes 
  • Housing allocation policies (Croydon, Ealing)
  • Injunctive relief against unlawful occupiers (Occupy London)
  • Recovering £0.5M+ fraud debt owed by a senior LA officer to LA from his pension fund

News

LexisPSL - Queen's Speech 2016 - neighbourhood planning
02.06.2016
Wayne Beglan has authored an article for LexisPSL on the key points of interest for local government practitioners in the Queen's Speech. In particular, Wayne looks at governance and the extent....

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

Wayne is experienced in dealing with commercial matters, general regulatory issues and criminal regulatory proceedings.

His planning experience and housing experience are set out under those practice areas.

Examples of other recent commercial work include:

  • HC litigation involving +£1M claim involving complaints about solar panels
  • TCC litigation concerning educational software provision
  • HC litigation concerning water rights and illegal abstraction (+£500k)
  • HC litigation involving claims of misfeasance relating to planning advice (+£1M)

Examples of other regulatory work include:

  • DVT cases in the House of Lords.
  • VWF cases for the miners.
  • Defending health and safety fatal accident claims.
  • Adaption of commercial properties to comply with health and safety regulations.
  • Food safety prosecutions involving a major supermarket.
  • Prosecutions for breaches of the Planning Acts and Building Acts.

EmploymentWork includes advising and appearing for applicants and respondents in the E.T. and E.A.T. dealing with all aspects of employment law including discrimination work and T.U.P.E. He has extensive experience of dealing with redundancy, re-organisation and co-sourcing issues arising within a local government context. He also has significant experience of the operation of the Local Government Pension Scheme.

Lexis PSL - Interpreting the scope of planning conditions

23rd May 2016

Wayne Beglan has written an article for Lexis PSL on the decision in R (on the application of XPL Ltd) v Harlow Council, which concerned the issuing of a breach of condition notice. Wayne explains the background to the case and considers how the decision will impact the approach taken by the court when interpreting the scope of planning conditions.

Click here to view the full article. This article was first published on Lexis(r)PSL 23rd May 2016.

Cornerstone on Councillors' Conduct

1st September 2015

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

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

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

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

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

Reviews include:

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

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

Click here to purchase a copy.

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

Jowitt's Dictionary of English Law

1st January 2010

Contributing editor to Jowitt's Dictionary of English Law (3rd edition, 2010)

  • A founding member of the Social Housing Law Association (SHLA)
  • Planning and Environmental Bar Association (PEBA)
  • Employment Law Bar Association (ELBA)
  • Bar European Group (BEG)

News

Luton Local Plan Adopted – Reconciling exporting housing need and the Duty to Co-operate

9th November 2017

On Tuesday, Luton Council unanimously resolved to adopt its emerging local plan, accepting the recommendations contained in the inspector's report. The plan and report provide a useful example of how an....

Case

Welwyn Hatfield local plan examination opens

22nd September 2017

The Inspector (Mr Melvyn Middleton BA(Econ), DipTP DipMgmt) has opened the hearings in relation to the Welwyn Hatfield Local Plan. Yesterday the inspector heard submissions on legal compliance and the....

Case

Luton Local Plan found sound

25th August 2017

The Inspector's report on the examination into the Luton Local Plan 2011-2031 has now been published.  Luton successfully moved through the Duty to Co-operate stage (Stage 1) and the Strategic....

Case

The Dunsfold Aerodrome call-in inquiry

11th August 2017

The Dunsfold Aerodrome call-in inquiry has now closed.  The inspector will in due course report to the Secretary of State.  The inquiry sat between 18 July 2017 and 3 August....

News

LexisPSL - Queen's Speech 2016 - neighbourhood planning

2nd June 2016

Wayne Beglan has authored an article for LexisPSL on the key points of interest for local government practitioners in the Queen's Speech. In particular, Wayne looks at governance and the extent....

Case

LexisPSL: Queen's Speech 2016 - neighbourhood planning

2nd June 2016

Wayne Beglan has authored an article for LexisPSL on the key points of interest for local government practitioners in the Queen's Speech. In particular, Wayne looks at governance and the extent of powers held by various departments in local government and what this means for neighbourhood planning and compulsory purchase.

....

News

Lexis PSL - Interpreting the scope of planning conditions

26th May 2016

Wayne Beglan has written an article for Lexis PSL on the decision in R (on the application of XPL Ltd) v Harlow Council, which concerned the issuing of a breach....

News

R. (on the application of XPL Ltd) v Harlow Council [2016] EWCA Civ 378

20th April 2016

The Court of Appeal has upheld a breach of condition notice issued by Harlow Council in relation to the hours of operation of a sui generis coach depot. The relevant words....

News

Wales Planning Law Update

20th October 2015

On Monday 19th October the Cornerstone Planning Team presented a Wales Planning Law Update at our Wales office at One Caspian Point. The day consisted of a morning seminar for Local....

Case

Hazard assessments of accommodation: a matter of judgement for Local Authorities according to Court of Appeal

21st September 2015

In a recent case the Court of Appeal has held that a local authority offering accommodation to a homeless applicant who complained about its condition, was not obliged to carry out a hazard inspection and assessment before deciding on the suitability of the accommodation offered.

....

Case

Balancing waste provision with Green Belt protection

22nd July 2015

By a decision dated 16 July 2015 the Secretary of State, adopting in substance the reasons given by his inspector, has maintained his refusal of a planning permission for a substantial Recycling and Energy Recovery Facility, with a capacity of 380,000 tonnes per annum and volume of 585,000 m3, at land at New Barnfield in Welwyn, following a legal challenge in the High Court.

....

News

Cornerstone on Councillors’ Conduct

26th June 2015

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

....

News

Planning Magazine: The Planning Law Survey 2015

31st May 2015

Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....

Case

Over the Moon - Restrictive Covenants Within Building Scheme Upheld by High Court

15th April 2015

The Chancery Division of the High Court has held that it could infer the existence of a building scheme on the 'Moon Estate' in Gerrards Cross and dismissed an application under s84(2) of the Law of Property Act 1925 for a declaration that restrictive covenants imposed under the scheme were unenforceable by neighbouring landowners. His Honour Judge Behrens QC inferred the existence of the scheme from the imposition of "substantially" similar restrictive covenants imposed in a series of conveyances over 100 years ago, which were found to apply in respect of a defined estate area and to be mutually enforceable between the purchasers of the land.

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Case

Borough Traveller Injunction Finalised

16th March 2015

On 16 March 2015 the High Court made permanent an interim injunction prohibiting 15 identified members of a travelling family from occupying any one of 26 parks within the London Borough of Hackney, identified as those most at risk from occupation. The Council's claim for an injunction was based both on its ownership of the relevant land and in the exercise of its planning powers under section 187B TCPA 1990.

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Case

Secretary Of State Refuses Permission For New Barnfield 380 Tkpa RERF

10th July 2014

The Secretary of State, adopting in substance the reasons given by his inspector, has refused planning permission for a substantial Recycling and Energy Recovery Facility, with a capacity of 380,000....

Case

Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15

6th April 2014

Welwyn Hatfield Council v. SoSCLG & Beesley [2011] UKSC 15
Wednesday, April 06, 2011

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News

When is a reason a good reason – s.204(2A) Housing Act 1996

13th December 2013

two recent cases the High Court has considered whether there were "good reasons" to extend the 21-day time limit to appeal under s.204 Housing Act 1996: Peake v London Borough of Hackney [2013] EWHC 2528 (QB) and Poorsalehy v London Borough of Wandsworth [2013] EWHC 3687 (QB).

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Case

Phasing policies can trump need for housing post NPPF

1st August 2013

In dismissing an appeal made by Fairview New Homes from the decision of Runnymede BC to refuse permission for the erection of 89 residential units including 22 affordable units the inspector identified the main issue as being whether the release of the site was necessary to meet the housing needs of the borough and, if not, whether the benefits of the scheme would outweigh any harm arising out of the development.

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Case

"Super-human" Judge Rules Interim Steps Remain in Force Pending Appeal

16th March 2013

In R (o.a.o. 93 Feet East Ltd) v Tower Hamlets LBC (16th July 2013), the High Court has resolved a question that has troubled licensing lawyers since December 2011, when a district judge ruled that the DCMS guidance was wrong to say that interim steps imposed on a summary review under the Licensing Act 2003 remained in force pending appeal. In refusing permission to apply for judicial review, Dingemans J. ruled that the guidance had been right after all.

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Case

LPA has a broad discretion to exclude specific sites from a Neighbourhood Area

15th March 2013

Daws Hill Neighbourhood Forum v. Wycombe DC, SoSCLG and Taylor Wimpey UK Ltd [2013] UKHC (Admin), Supperstone J. On 13 March 2013 the High Court decided that the discretion conferred upon....

News

CPO for Unsustainable By Pass Quashed despite PM’s support

27th September 2012

Mark Lowe QC and Wayne Beglan, instructed by Burges Salmon, appeared for the Mawle Trustees as the sole statutory objectors to the Cogges Link Road CPO inquiry at Witney last November over a period of four weeks.

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News

Olympics Injunction

28th June 2012

Hackney LBC have succeeded in obtaining an injunction banning a large traveller family from land near Olympics sites. All but one of the family members have been banned from Hackney's 58 public open spaces until after the Olympics have concluded in September

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News

High Court dismisses challenge to adequacy of planning conditions

16th April 2012

The High Court, in a robust defence of local authority decision making, has dismissed an application for judicial review of Stafford Borough Council's grant of planning permission for a slurry store.

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News

Court refuses to grant injunction for removal of weir

2nd April 2012

The High Court, in a robust defence of local authority decision making, has dismissed an application for judicial review of Stafford Borough Council's grant of planning permission for a slurry store.

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News

Courts clear the way for development of one of Britain’s “worst wasted spaces” opposite Hampton Court Palace

29th November 2011

The Supreme Court have refused permission to appeal against the decision of the Court of Appeal in R(on the application of Garner) v Elmbridge Borough Council [2011] EWCA Civ 891. The Claimant had challenged Elmbridge BC's grant of planning permission for redevelopment, including a hotel, of the Jolly Boatman site opposite Hampton Court Palace

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Case

Peterkin v Merton LBC

16th November 2011

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News

Public Law Housing Issues: The fall-out from Kay and Doherty and Homelessness post Ali (Aweys) and Moran

19th October 2009

2-3 Gray's Inn Square was pleased to host this essential guide to the latest Housing issues faced by Public Autorities.

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Case

Dixon v. LB Wandsworth (No. 2) [2009] EWHC 27 (Admin)

1st January 2009

Case testing whether the rule in (1993) remains good law following the enactment of the HRA 1998.

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Case

Welwyn Hatfield Council v SoS for Communities & Local Government & Anor [2009] EWHC 966 (Admin)

1st January 2009

Claim brought under s 288 of the Town and Country Planning Act challenging a decision of an inspector to grant a lawful development certificate in respect of the use of a building which had been constructed for the purpose of use as a barn but which, in fact, had been used as a dwelling house. The case turned upon the true construction of the relevant provisions of s 171B of the Town and Country Planning Act 1990.

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Case

Glowzone v Brighton & Hove CC [2008] EWHC 2841 (Admin)

1st August 2008


Wayne Beglan acted successfully for Brighton & Hove CC in this challenge to its parking regulation system. The challenge was based on (amongst other things) allegations of abuse of power and anti-competitive effect. The claimant sought, but failed, to cancel 340 PCNs issued to it and failed to obtain the declaratory relief it sought to bind the defendant in its future dealings with the claimant, whilst obtaining a declaration that the defendant's old parking policy was, for about 6 months, unlawful.

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Case

Is a woman's refuge accommodation?

22nd April 2008

R Richards v Ipswich BC & SoS for Communities and Local Government [2008] EWCA Civ 378 A recent decision has sought to clarify this difficult issue and develop a realistic set....

Case

Court of Appeal Hat Trick

9th January 2008

The last few days of December saw members of Chambers in the Court of Appeal in three very different cases. The cases were: 1. Neath Port Talbot County Borough Council v Ware....

Case

Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin); [2008] EWCA Civ 595

1st January 2008

ayne Beglan acted successfully for the defendant; the court upholding Wandsworth LBC's decision that the claimant was ineligible for housing accommodation.

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News

Lambeth v SoSCLG & Another [2007] All ER (D) 466 (Nov); [2008] JPL 1004

1st January 2008

High court planning challenge to inspector's reasoning and approach to imposition of conditions. The case related to a planning authority's ability to impose conditions to control use of premises in cases of residential conversion. The judgment resolved conflicting inspector's decision letters which the authority had received on that point (in their favour).

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Case

Lee v Rhondda Cynon Taf County Borough Council [2008] EWCA Civ 1013 01.01.2008

1st January 2008

The appellant, a gypsy, claimed that her Article 8 rights had been infringed by the accepted failure of the authority to provide her with a pitch on an existing site or considering whether to provide new pitches. The court clarified the guidance given in Codona (2004).

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Case

R Richards v Ipswich BC & SoS for Communities and Local Government [2008] EWCA Civ 378; [2008] 1 WLR 2387; [2008] 4 All ER 304

1st January 2008

Wayne Beglan and James Findlay QC acted successfully for Ipswich BC in this joined hearing of two appeals regarding whether a women's refuge constituted "accommodation" for the purposes of the Housing Act 1996 Pt VII.

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Case

Unacceptable behaviour under s. 160A of the Housing Act 1996

22nd December 2007

Dixon v Wandsworth LBC [2007] EWHC 3075 (Admin)

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News

Appeal-proof Homelessness Decisions

16th September 2007

Held on 13 September 2007, this is the first in our series of half-day sessions on housing related topics.

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News

Public Sector Housing Conference - CLT

18th January 2007

Three members of Chambers spoke at this well-attended conference:

Wayne Beglan, Peggy Etiebet and Jon Holbrook.

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