Below is a selection of news items, case notes, articles, books and papers authored by members of Chambers.
Below is a selection of news items, case notes, articles, books and papers authored by members of Chambers.
FTB is delighted to be named as Environment/Planning Set of the Year and for Ned Westaway who has been named as Environment/Planning Junior of the Year.
A nightclub where a footballer was stabbed to death on the dance floor has lost its licence amid fears it posed "terrifying" risks to public safety. Cody Fisher was killed at the Crane venue in Digbeth, Birmingham, on Boxing Day 2022.
On Thursday 15 December 2022, The Brixton 02 Academy hosted a concert by the musical artist known as “Asake”. The ticketed event was sold out in advance. Shortly after 9pm, a large crowd breached the entrance doors and poured into the venue. Many people were crushed. Some were seriously injured: two of them fatally.
Mrs Justice Lieven has handed down judgment in R (AQUIND Limited) v Secretary of State for Business, Energy and Industrial Strategy [2023] EWHC 98, allowing the challenge by AQUIND Ltd against the Secretary of State’s decision of 20 January 2022 refusing development consent for the AQUIND interconnector.
In a detailed written judgment, Mr Justice Eyre determined two applications for judicial review of decisions of planning inspectors to uphold s172 enforcement notices.
In a widely reported decision, on 9 January 2023 Westminster City Council suspended the premises licence of Vanity Soho, a Soho stripclub, for 3 months and added conditions proposed by the licence holder.
A team of members and clerks is very much looking forward to attending MIPIM 2023 in Cannes from 14-17 March 2023.
Following a three-day hearing which took place in December 2022, the Court of Appeal (Sir Geoffrey Vos MR, Lord Justice Bean and Sir Keith Lindblom SPT) has dismissed a judicial review brought by Friends of the Earth
Francis Taylor Building is delighted that the King has accepted the recommendation of the Lord Chancellor that Meyric Lewis be appointed King's Counsel.
On 19 December 2022, the Lands Chamber of the Upper Tribunal upheld an appeal made by the Secretary of State for Transport (on behalf of HS2 Ltd) under section 18 of the Land Compensation Act 1961.
We are pleased to announce that entries are now open for the 2022-2023 Kingsland Cup and Prize Moot.
On 15 December 2022, Mr Justice Colton, in the High Court in Belfast granted an application for judicial review by Edward Rooney, an anonymised individual JR181(3) and Belfast City Council in respect of their challenge to a written instruction issued by the Minister of Agriculture, Environment and Rural Affairs to his Department on 2 February 2022 to cease all checks relating to animals and various agri-food goods moving from Great Britain (“GB”) into Northern Ireland (“NI”) by 00.01 on Thursday 3 February 2022.
The High Court has allowed a claim for statutory review challenging Mendip District Council’s decision to adopt its Part 2 Local Plan (“LPP2”), subject to main modifications inserting additional housing allocations in the north east of the District: Norton St Philip Parish Council v Mendip District Council [2022] EWHC 3432 (Admin).
A Planning Inspector has dismissed an appeal against a decision of Basingstoke and Deane Borough Council to refuse planning permission for the redevelopment of land at Oakdown Farm, A30, Dummer, Basingstoke to provide three large commercial and industrial warehouse units (the largest of which was to be occupied by Lidl) with ancillary offices and associated infrastructure works including parking and landscaping. As well as the main parties, Dummer Parish Council participated in the appeal as a Rule 6 party.
The Supreme Court has handed down judgment in the case of Swindon BC v DB Symmetry & SSLUHC [2022] UKSC 33, dismissing the appeal made by the local planning authority and upholding the planning inspector’s decision.
Two conjoined appeals brought against the non-determination of applications for planning permission for a data centre development on the edge of West Drayton have been dismissed following a two-day hearing.
On 12 December, Timothy Mould KC, sitting as a Deputy High Court Judge, handed down his judgment in Welwyn Hatfield BC v SSLUHC [2022] EWHC 3175 (Admin).
Mrs Justice Lang DBE has handed down judgment in R (Substation Action Save East Suffolk Limited) v Secretary of State for Business, Energy and Industrial Strategy and Anor [2022] EWHC 3177 (Admin),
A planning inspector has refused permission for a 50MW solar farm on c.75 hectares of land in Alfreton, Derbyshire.
The Secretary of State for Business, Energy and Industrial Strategy has granted, on 7 December 2022, The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022.
On 6 December 2022 Mrs Justice Lang refused permission on a renewed application for judicial review in Global Feedback Ltd. v Secretary of State for the Environment, Food and Rural Affairs (CO/3078/2022).
On 7 December 2022, the Secretary of State for the department for Levelling Up, Housing and Communities, granted planning permission for a new deep coal mine on the West Cumbrian coast, near Whitehaven.
On 1 December 2022, the Court of Appeal handed down its judgment in the appeal concerning whether the Swansea Bay Tidal Generating Station DCO 2018 remained extant.
Sir Ross Cranston (sitting as a High Court Judge) has dismissed a claim challenging the lawfulness of the decision of an inspector to grant consent for works to create a new access road across a linear strip of common land adjacent to a road that forms part of Barking Tye Common in Suffolk.
The High Court (Mr Justice Holgate), on 25 November 2022, refused Fenland District Council’s application for an interim injunction to restrain the use of a hotel in Wisbech as a hostel for accommodating asylum seekers.
Thurston Parish Council have submitted their petition to the Supreme Court for permission to appeal against the Court of Appeal’s decision in R (Thurston Parish Council) v. Mid Suffolk DC [2022] EWCA Civ 1417 (see previous article).
The High Court has dismissed a challenge to a grant of planning permission by Buckinghamshire Council for up to 170 residential dwellings on land at Maids Moreton, Buckinghamshire.
FTB is delighted to be named as Environment/Planning Set of the Year and for Ned Westaway who has been named as Environment/Planning Junior of the Year.
Following a day-and-a-half of oral argument, the Supreme Court has today reserved judgment in R (Pearce) v Parole Board of England and Wales.
The Court of appeal has today reversed the High Court's quashing of Bloor Homes' planning permission granted by Mid Suffolk Council, which the Judge held was in conflict with the Parish Council's Neighbourhood Plan. The Court of Appeal decided that the Council's treatment of the Plan involved its application and not its interpretation, see R (Thurston PC) v. Mid Suffolk DC and Bloor Homes Ltd [2022] EWCA Civ 1417.
On 21st October Stoke-on-Trent council obtained a without notice urgent interim injunction preventing the use of the Stafford Hotel in Stoke from being used to accommodate asylum seekers. The Council had asserted that this amounted to a serious breach of planning control. The court ordered an on notice hearing for 2 November.
The High Court has approved an order quashing the Secretary of State of Environment, Food and Rural Affairs’ approval of a section of the England Coast Path (ECP) between Southbourne to Mudeford Quay in Dorset.
Following a four day hearing in the Business & Property Court, Mr Justice Leech has rejected a claim for negligence brought by a development vehicle, Primavera Associates Ltd, against Hertsmere Borough Council.
The High Court on 18 October granted an urgent interim injunction to TfL against individuals protesting under the banner of ‘Just Stop Oil’.
Conor Fegan was called to the Bar of Northern Ireland today by the Lady Chief Justice of Northern Ireland in the Nisi Prius Court, following his admission to the Inn of Court of Northern Ireland.
An appeal against an odour abatement notice recently settled, following agreement by the operator (Walleys Quarry Landfill) to withdraw its appeal and to pay significant costs to the Council (Newcastle-Under-Lyme Borough Council / NULBC). The agreement provides for payment of £400,000 towards the Council’s costs in defending the appeal and £60,000 towards its future costs of continuing to monitor the site.
The European Court of Human Rights at Strasbourg has held that the recovery from unsuccessful litigants of opponents’ Conditional Fee Agreement (‘CFA’) success fee uplifts and After The Event (‘ATE’) Legal Insurance premiums was a breach of the European Convention of Human Rights.
The Secretary of State for Transport has approved a nationally significant infrastructure project providing extensive improvements to Thickthorn junction in Norfolk, including a single-lane free-flowing link road connecting the A11 northbound to the A47 eastbound.
Emmanuel is a multi-disciplinary lecturer in Urbanisation and Sustainable Development at the Bartlett Developing Planning Unit, University College London (UCL) where he has worked since 2015.
FTB is delighted to announce that Michael Feeney and Mark O'Brien O'Reilly have both accepted invitations to join Chambers following successful completion of 12 month pupillages.
Chambers is delighted to win two awards at the Legal 500 Bar Awards.
Following a contested renewal hearing, the High Court (Mr Justice Lane) has refused permission for Suffolk Energy Action Solutions SPV Ltd (“SEAS”).
Chambers is pleased to announce that Jeremy Phillips KC has been appointed to the Safeguarding Case Management Programme (SCMP) Legal Advice Service.
One outline scheme (up to 197 dwellings) with 50% affordable housing and another smaller housing scheme promoted in Bracknell Forest were dismissed on consecutive days.
The Lord Bishop of Manchester, the Rt Rev. David Stuart Walker, has appointed Gregory Jones KC to be Chancellor of the Diocese of Manchester.
The High Court (Mr Justice Julian Knowles) has granted High Speed Two (HS2) Limited an interim injunction against four categories of person unknown, and several named defendants, which covers the route of the HS2 railway.
In 2021, Francis Taylor Building and four other planning, property and public law sets (Cornerstone Barristers, Field Court Chambers, Kings Chambers and Landmark Chambers) set up a mentoring scheme for underrepresented groups at the Bar.
Chambers very sadly notes the passing of Her Majesty The Queen. Our sympathies are with members of the Royal Family at this time
Francis Taylor Building is delighted to receive three nominations for the Chambers and Partners Bar Awards 2022.
Chambers has been nominated as Environment/Planning Set of the Year for the fourteenth time.
The High Court has dismissed an application for judicial review by the Spitalfieds Historic Building Trust against the decision of Tower Hamlets Council to grant planning permission for a mixed use development on Brick Lane, comprising office, retail, gym and restaurant uses.
On 18 August the Secretary of State for Transport re-determined the application by RiverOak Strategic Partners Limited (RSP) for development consent for the re-use of the existing runway at Manston Airport and the introduction of new facilities, including cargo facilities, aircraft stands, taxiways, airport-related business development and highway improvements.
The Court of Appeal today handed down judgment in SSHCLG v Manchester City Council [2021] EWCA Civ 1920.
The Court of Appeal has handed down judgment in the case of R (Gardiner) v Hertsmere BC & Secretary of State for Levelling Up, Housing and Communities [2022] EWCA Civ 1162 concerning the Community Infrastructure Levy Regulations 2010.
The Secretary of State for Transport has approved the duelling of 9km of the A47 carriageway between North Tuddenham and Easton. The Secretary of State’s decision letter, the Examining Authority’s report and other associated documents are available on the National Infrastructure Planning website.
The High Court has handed down judgment in London Borough of Brent v Levelling Up, Housing and Communities [2022] EWHC 2051 (Admin).
Mrs Justice Lang has allowed a s.288 challenge to the Secretary of State’s decision to grant planning permission on appeal to Persimmon Homes for the erection of up to 475 houses on land designated as a green gap in an emerging Local Plan.
Michael Fry and Michael Brendan Brett have been successful in a multi-handed committal application against seven anti-HS2 activists. The Claimants were complimented on their “studious” compliance with the onerous procedural requirements on a committal application.
The Secretary of State for Business, Energy and Industrial Strategy has approved the construction and operation of the new Sizewell C nuclear power station in Suffolk. The new plant will generate 3.2GW of electricity, about 7% of the UK’s electricity needs and operate for 60 years.
The High Court has handed down judgment in R (New Earth Solutions (West) Limited) v Environment Agency [2022] EWHC 1883 (Admin) dismissing a challenge to the Environment Agency’s decision to withdraw consent for the export of ‘air pollution control residue’ or fly ash to Norway for treatment on the island of Langøya, in the Holmestrand Fjord.
The Court of Appeal has refused applications made by the Minister (decision maker) and Secretary of State (applicant) for permission to appeal against the order quashing the planning permission granted for the Holocaust Memorial and Learning Centre. The planning permission was granted following a call-in inquiry in October-November 2020.
Fordham J has dismissed a challenge for judicial review against the decision of the London Borough of Lewisham to grant planning permission for the provision of 110 social homes following a rolled up hearing that took place on 9 June 2022.
FTB is delighted to receive five nominations for the Legal 500 Bar Awards 2022.
The final of Francis Taylor Building’s annual mooting competition, the Kingsland Cup and Prize Moot, was held yesterday evening at the Royal Courts of Justice. We are grateful to Sir Keith Lindblom, Senior President of Tribunals, and Professor Alison Young, Sir David Williams Professor of Public Law at Cambridge, for judging the moot.
The Secretary of State for Levelling Up, Housing & Communities has granted planning permission for the erection of a 20 storey residential tower on the site of the former Edith Summerskill House, Clem Attlee Court, London SW6 7TW. The proposal will provide 133 residential units, all of which would be affordable housing.
Chambers is delighted to have so far raised £1685 for the London Legal Support Trust which includes a £750 donation from Chambers.
Mrs Justice Lieven has handed down judgment in the case of R (Hough) v Secretary of State for the Home Department [2022] EWHC 1635 (Admin), a judicial review of the Town and Country Planning (Napier Barracks) Special Development Order 2021 relating to the use of Napier Barracks for providing facilities for the accommodation of asylum seekers
Francis Taylor Building is delighted with Planning magazine’s Planning Law Survey 2022. With 14 silks and 14 juniors named in the survey, Francis Taylor Building’s barristers remain counsel of choice for many.
The Secretary of State for Transport has decided to make the Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022.
FTB is delighted to announce that Annabel Graham Paul has been sworn in as the new Deputy Chancellor for the Diocese of Oxford.
A Planning Inspector has dismissed an appeal for a proposed residential development of up to 204 dwellings at Gregory Quarry in Mansfield, Nottinghamshire.
The independent examination of the Mid and East Antrim Local Development Plan 2030 (Draft Plan Strategy) by the Planning Appeals Commission commenced this morning.
A planning appeal relating to the provision of 72 residential units and 1116m2 of commercial use at a Locally Significant Industrial Site (LSIS) in Ealing has been dismissed due to the proposal’s effect on the protection of industrial employment land and on the character and appearance of the area.
In a decision letter given on 24 May 2022, an Inspector has allowed, following a public inquiry, an application made by Taylor Wimpey for the deregistration of 33,000 m2 of registered village green on the edge of Borehamwood, Hertfordshire.
The Supreme Court has handed down judgment in Flynn Pharma Ltd and Pfizer Inc v Competition Markets Authority [2022] UKSC 14.
Mr Justice Holgate has dismissed a claim for judicial review in R (GOESA Ltd) v Eastleigh Borough Council [2022] EWHC 1221 (Admin).
Lane J has held that the Planning Inspectorate’s decision to validate an enforcement appeal under ground (a) was unlawful because it was precluded under s. 174(2A) and (2B) of the 1990 Act.
On 19 May 2022, Mrs Justice Lang gave judgment dismissing the claim in R (Suliman) v Bournemouth, Christchurch and Poole Council [2022] EWHC 1196 (Admin).
A planning appeal by Southern Housing Group relating to a proposal for three 26 storey towers at the Bow Interchange in east London has been dismissed on the basis of its poor design and impact on the character and appearance of the area.
The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction.
The independent examination of the Antrim and Newtownabbey Local Development Plan 2030 (Draft Plan Strategy) by the Planning Appeals Commission commenced this morning.
A public inquiry has closed examining proposals for a new hospital in Jersey. Designed by Llewelyn Davies architects working for the Design and Delivery Partner RokFCC, the hospital is proposed to replace the existing Jersey General Hospital on a new site at Overdale, and will be, if permitted, one of the largest civic buildings on the Island.
In the last of three decisions, following long-running Transport and Works Act Inquiries over the course of 2017-2019, the Secretary of State has decided to make the Network Rail (Essex and Others Level Crossing Reduction) Order subject to a number of modifications.
Complaint Reference: IC-131245-N6H0.
The complainant requested information about searches for unexploded ordnance in Studland, Dorset. The National Trust for Places of Historic Interest or Natural Beauty (‘The National Trust’) drew the complainant’s attention to some information in the public domain, but refused to comply with the request in full because it did not consider itself obliged to comply with requests made under the Environmental Information Regulations (“the EIR”) as it was not a public authority for the purposes of the legislation.
Chambers is delighted that the Queen has appointed Sir Keith Lindblom to serve as a member of the Court of Ecclesiastical Causes Reserved. The Court is an unusual one, consisting of three bishops and two lord justices of appeal. It considers appeals from the Consistory Court where the Chancellor (the judge who sits in the Consistory Court) certifies that the appeal involves doctrine, ritual or ceremonial.
We are pleased to announce that our current pupils, Michael Feeney and Mark O’Brien O’Reilly have both now commenced the second six months of pupillage and are available to accept instructions.
The semi-finals of the Kingsland Cup and Prize Moot were held on 29 and 30 March 2022. Chambers is very grateful to Mrs Justice Bacon and Mr Justice Peter Lane for judging the semi-finals, and to the four competing teams for their careful preparation and clear submissions.
In a decision letter dated 30 March 2022, the Secretary of State for Transport has confirmed a compulsory purchase order (‘CPO’) and associated side roads order in respect of the South East Aylesbury Link Road (‘SEALR’). The Secretary of State for Levelling Up, Housing and Communities has issued a certificate pursuant to Section 19 of the Acquisition of Land Act 1981 in respect of the same project, as the CPO provides for the compulsory acquisition of public open space.
Mrs Justice Thornton DBE has allowed the London Gardens Trust’s section 288 challenge to the planning permission granted by the Minister of State for Housing on the Secretary of State’s called-in application for Holocaust Memorial and Learning Centre proposed to be located in Victoria Tower Gardens, immediately adjacent to the Palace of Westminster and Westminster Abbey UNESCO World Heritage Site and to the Palace of Westminster itself, a Grade I listed building.
The High Court has upheld the lawfulness of the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021, and in particular the Welsh Government’s designation of the whole of Wales as a ‘Nitrate Vulnerable Zone’.
In a short written decision, Lord Justice Singh has refused permission for the campaigning organisation Plan B and a number of individuals to pursue a claim in judicial review against the Government for allegedly breaching its obligations under the Human Rights Act 1998 (HRA) by failing to take sufficient action on climate change.
Following a contested oral permission hearing, the High Court has refused Tesco permission to bring two judicial review claims challenging grants of planning permission by the London Borough of Havering which will facilitate the opening of a new Aldi store in Romford.
Francis Taylor Building is delighted that Melissa Murphy QC was today formally appointed as Queen’s Counsel having received her letters patent.
The High Court has today handed down judgment in R (HFAG Ltd) v Buckinghamshire Council [2022] EWHC 523 (Admin) dismissing a challenge brought by a local interest group to the grant of planning permission for a major development south of Aylesbury, known as Hampden Fields. The development, which will provide up to 3,000 homes and a local centre including a doctors’ surgery, forms a key part of the Aylesbury Garden Town masterplan. It also secures a southern ‘link road’ for the town, central to the Transport Strategy.
Arguments have concluded in the London Parks and Gardens’ Trusts section 288 challenge to the grant of planning permission for the UK Holocaust Memorial and Learn Centre proposed for Victoria Tower Gardens, immediately to the south of the Houses of Parliament.
Important victory for Thurston Parish Council – Neighbourhood Plan prevails over draft Local Plan allocation.
Thurston Parish Council have succeeded in their High Court judicial review of Mid Suffolk Council’s grant of planning permission to Bloor Homes for 210 dwellings outside the settlement boundary established in the Parish’s Neighbourhood Plan.
Following a three-day substantive hearing which took place in December 2021, the Divisional Court has dismissed a judicial review brought by Friends of the Earth challenging the decision of UK Export Finance (UKEF) to provide up to USD 1.15 billion export credit support in relation to the USD 20 billion Area 1 liquefied natural gas (LNG) facility in Mozambique (R (Friends of the Earth) v Secretary of State for International Trade & Ors [2022] EWHC 568 (Admin)).
Mr Justice Fordham has delivered judgment for the Claimant in R (oao Parker) v Magistrates’ Court at Teesside, Daud Bashir and Nafees Bashir [2022] EWHC 358 (Admin).
We were delighted to receive a very high number of entries to the annual Kingsland Cup and Prize Moot competition once again this year.
Judicial Review launched in respect of consents to allow for the creation of underground gas caverns in Islandmagee, Northern Ireland near where scenes of the Game of Thrones series filmed.
Islandmagee Energy Limited is proposing the creation of 7 underground gas storage caverns on the Islandmagee Peninsula by carving out of salt layers under the lough by a method known as “solution mining” and the application for the caverns includes associated marine infrastructure. No Gas Caverns Ltd and Friends of the Earth Ltd have applied for leave to apply for judicial review against the grants of a Marine Construction Licence, a revised Discharge Consent and a revised Abstraction Licence, which are all required for the project.
The Planning Court (Mr Justice Lane) has dismissed a claim in judicial review against the decision of North Yorkshire County Council to grant permission for the extraction of c.23 million tonnes of pulverised fuel ash (“PFA”) at the Gale Common Ash Disposal Site – which lies in the West Yorkshire Green Belt. The judgment is available here.
