Cornerstone Development Quarterly

03 Nov 2020

Planning and Environment


November 2020

Cornerstone Development Quarterly

A note from the editors

This edition of the Quarterly arrives at a busy time for the development team at Cornerstone. Our Planning Week – consisting of daily webinars on topical subjects – has commenced (registration links available below); remote inquiries and court hearings continue apace, with full use being made of chambers’ conferencing facilities; and we look forward to the Chambers and Partners awards later this month, where we have been nominated for ‘Planning and Environment’ set of the year.
We hope the articles in this issue prompt discussion amongst our clients, if only to reminisce about working with or against Mark Lowe QC during his almost 50 (!) year career at the planning bar.

Rob Williams, Emma Dring, Dr Ashley Bowes

Mark Lowe QC Retirement

Author: Tom Cosgrove QC

As Mark Lowe QC retires from the Bar after almost 50 years, our Joint Head of Chambers Tom Cosgrove QC offers his own tribute to Mark, as well as discussing the work of the planning team during these unprecedented times.



Failure to take account of a material consideration – is it fatal or not?

Author: James Findlay QC

James examines whether the failure to take account of a material consideration is fatal in light of the Supreme Court’s decision in Samuel Smith Old Brewer (Tadcaster) v North Yorkshire County Council.



Neighbourhood Plans: Challenging the unchallengeable

Author: Clare Parry

October 2020 has brought the rarest of things, a successful challenge to a neighbourhood plan.

Clare explores the decision in R (oao Lochailort Investments Limited) v Mendip District Council, and considers whether this case will lead to an influx of legal challenges in the future.


A resolution to the C2/C3 extra care affordable housing debate?

Author: Jack Parker

C3 or not C3? Jack discusses whether the judgment in Rectory Homes Ltd v SSHCLG helps in providing a clearer distinction between Use Class C2 and C3, and whether extra-care accommodation is required to provide affordable housing.



This year, instead of our traditional planning day, Cornerstone Planning Team will be hosting an online series of free webinars.

Please follow the links below to book your place:

Case Law Update – Part 1
Tuesday 3rd – 10am
Speakers: Ryan Kohli, Emma Dring, John Fitzsimons;
Introduction: Josef Cannon

Panel discussion on regeneration.
Wednesday 4th – 2pm
Guest speaker: Jeremy Potter, Chelmsford City Council.
Panellists: James Findlay QC and Clare Parry.
Moderator: Josef Cannon

Plan-making in a changing climate
Friday 6th – 10am
Speakers: Wayne Beglan, Rob Williams


Is Net Zero still cool?
Tuesday 3rd – 2pm
Speakers: Michael Bedford QC, Estelle Dehon


Case Law Update – Part 2
Thursday 5th – 10am
Speakers: Robin Green, Emmaline Lambert, Ben Du Feu


Remote events: where are we now?
Friday 6th – 2pm
Speakers: Dr Ashley Bowes, Ruchi Parekh


Click here to view our Planning Week 2020 Keynote: Planning and Climate Change: Through the Lens of a Life Fighting for the Environment – Interview with Richard Buxton



Court of Appeal upholds planning permission despite breach of equality duty and gives important guidance on approach to ES alternatives.

The Court of Appeal has dismissed an objector’s challenge to the grant of planning permission by Suffolk County Council for a school in Lakenheath in Gathercole v Suffolk County Council….

An underground car lift in Kensington: To what extent are LPAs obliged to engage with expert evidence submitted by objectors?

The Court has dismissed a challenge to the grant of permission by the Royal Borough of Kensington and Chelsea for an underground parking facility, car lift and turntable on a….

Hackney left cold by shiver of Sharks!

Wayne Beglan acted for the London Borough of Hackney in achieving an emergency High Court Junction to remove an art installation that was labelled by the Council as a ‘flagrant….


Injunction secured to block illegal development on 40-hectare green belt site

Wayne Beglan, on behalf of Thurrock Council, has secured a High Court injunction to block illegal development on a 40-hectare green belt site in the region. The injunction prevents and further….

Major New Infrastructure Boost for the East Coast

On 24 September 2020 the Secretary of State for Transport made the Great Yarmouth Third River Crossing Development Consent Order 2020, approving a new twin-leaf lifting bridge across the River….

Success in the first virtual planning inquiry

At the end of June, the first public inquiry to be held virtually was concluded. It concerned a development for up to 150 dwellings in Rayne, Essex. The inquiry heard….

Housing for older people: Are development plans adopted before the latest revisions to the planning practice guidance on housing for older people out of date?

Following a two-week “virtual” planning inquiry, planning inspector Christina Downes has allowed an appeal and granted planning permission for an “extra care” development of 84 units in Albourne, West Sussex…..


Cornerstone Barristers Nominated for Planning and Environment Set of the Year

Cornerstone ranked amongst top planning sets in Chambers and Partners 2021

Legal 500 – Cornerstone Barristers ranked as one of the leading planning sets

Congratulations to our latest new tenants!


Click here to view recordings and materials from previous planning related webinars…


If you have any queries, or wish to instruct members of the Cornerstone Planning and Environment Team, please contact:

Elliot Langdorf, Senior Clerk,
Sam Collins, Team Leader,
Dan Gatt, Team Leader,

020 7242 4986


About      Practice Areas      Sectors      Barristers      Contact Us



Copyright © 2020 Cornerstone Barristers, All rights reserved.

Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list.