Landmark Chambers

𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗳𝗶𝗻𝗱𝘀 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗾𝘂𝗮𝘀𝗵𝗶𝗻𝗴 𝗼𝗳 𝗮 𝗽𝗿𝗲-𝗰𝗼𝗺𝗺𝗲𝗻𝗰𝗲𝗺𝗲𝗻𝘁 𝗰𝗼𝗻𝗱𝗶𝘁𝗶𝗼𝗻 𝗱𝗶𝘀𝗰𝗵𝗮𝗿𝗴𝗲 𝗰𝗮𝗻 𝗵𝗮𝘃𝗲 𝗿𝗲𝘁𝗿𝗼𝘀𝗽𝗲𝗰𝘁𝗶𝘃𝗲 𝗲𝗳𝗳𝗲𝗰𝘁 𝗮𝗻𝗱 𝗶𝗻𝘃𝗮𝗹𝗶𝗱𝗮𝘁𝗲 𝘁𝗵𝗲 𝗰𝗼𝗺𝗺𝗲𝗻𝗰𝗲𝗺𝗲𝗻𝘁 𝗼𝗳 𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 Judgment was handed down today by Morris J, in R (Friends of West Oxfordshire Cotswolds) v West Oxfordshire District Council [2024] EWHC 2291 (Admin) which includes important findings about pre-commencement conditions, the retrospective effect of quashing orders and the power to make s.73 applications. Ben Fullbrook represented the successful claimant. For more information, including a link to the judgment, please click here - https://bit.ly/4dTHoLM

👥 🖥 𝗪𝗲𝗹𝗰𝗼𝗺𝗲 𝗕𝗮𝗰𝗸 𝘁𝗼 𝗮 𝗡𝗲𝘄 𝗦𝗲𝗿𝗶𝗲𝘀 𝗼𝗳 𝗡𝘂𝘁𝘀 & 𝗕𝗼𝗹𝘁𝘀! 🖥 👥 𝗪𝗲𝗯𝗶𝗻𝗮𝗿 - 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗟𝗮𝘄 𝗡𝘂𝘁𝘀 & 𝗕𝗼𝗹𝘁𝘀, 𝗣𝗮𝗿𝘁 𝟭: 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝘁𝗲𝗻𝗮𝗻𝗰𝗶𝗲𝘀 𝗮𝗻𝗱 𝗹𝗲𝗮𝘀𝗲 𝗿𝗲𝗻𝗲𝘄𝗮𝗹𝘀 On Tuesday 1 October 2024, from 5pm – 6.30pm, Landmark Chambers will begin the new webinar series of our popular Property Law Nuts and Bolts seminar series. This webinar will focus on lease renewal proceedings for business tenancies under the Landlord and Tenant Act 1954. This event is free to attend and will take place online (via Zoom).   The procedure under the Landlord and Tenant Act 1954 for the renewal of business tenancies is technical and the stakes are high - get it wrong and you might lose the right to a new lease altogether. Knowing how to approach these claims from a tactical perspective is crucial to providing high quality advice to clients. This session will provide delegates with an overview of three key areas: notices; procedure in lease renewals and PD 56; and tactics tips and tricks in opposed claims. These webinars are designed to introduce key topics that are likely to crop up for property litigators. The talks will provide an overview of the legal and procedural landscape with plenty of time for delegates to ask questions at the end. If you would like to attend, please access the booking page via this link: https://bit.ly/4cSd3fi Programme: • Welcome and introduction – Brooke Lyne • Notices – Ashley Thompson • Procedure in lease renewals and PD 56 – Peter Sibley • Tactics, tips and tricks in opposed claims – Brooke Lyne • Questions and discussion #PropertyLaw #BusinessTenancies #LeaseRenewals #WebinarSeries

𝟮𝟵𝟬 𝗵𝗼𝗺𝗲𝘀 𝗮𝗹𝗹𝗼𝘄𝗲𝗱 𝗼𝗻 𝗮𝗽𝗽𝗲𝗮𝗹 𝗶𝗻 𝗦𝗶𝘁𝘁𝗶𝗻𝗴𝗯𝗼𝘂𝗿𝗻𝗲 A planning inspector has granted outline planning permission for up to 290 new homes on an unallocated site on the edge of Sittingbourne in Kent. At the inquiry, the Council had claimed that it could demonstrate a five-year housing land supply, on the basis that its local housing need figure should be calculated using an affordability ratio published after the agreed base date. The inspector rejected that approach, considering it to produce “a skewed outcome”. He found that supply stood at only 4.1 years, with “no short-term prospect of a new Local Plan resolving the shortfall”. In those circumstances, he gave significant positive weight to the scheme’s delivery of market housing and only limited weight to the scheme’s conflict with the adopted spatial strategy. He also gave substantial weight to the scheme’s provision of 30% of homes as affordable, noting that unmet needs for affordable housing in the Borough are “acute”. Applying the titled balance at §11(d)(ii) of the NPPF, he concluded that the adverse impacts of the scheme (including landscape harms and the loss of Best and Most Versatile agricultural land) would not significantly and demonstrably outweigh its benefits. Zack Simons and Isabella Buono acted for the successful appellant, Hallam Land Management Ltd, instructed by Owen Jones of LRM Planning. For more information, including a link to the appeal decision, please click here - https://bit.ly/4daaXb3

Landmark’s Matthew Reed KC, James Neill, Matthew Dale-Harris and Katharine Elliot will be speaking at the Lawyers In Local Government (LLG)’s Planning Conference on Friday 6 September. James Neill and Katharine Elliot will deliver the first talk of the conference on the Supreme Court decision in Finch and its implications for local authorities. Matthew Reed KC and Matthew Dale-Harris will deliver the final talk of the day, covering the Dennis v LB Southwark case, multiple permissions and drop-in developments.   For more information on this conference, including how to book your place, please visit the LLG’s website - https://bit.ly/3MoZObf #PlanningLaw #EnvironmentalLaw #Finch #Dennis #Conference

📖 𝟰𝟬 - 𝗖𝗼𝗻𝘀𝘂𝗹𝘁𝗮𝘁𝗶𝗼𝗻, 𝗔𝗮𝗿𝗵𝘂𝘀 𝗮𝗻𝗱 𝗽𝗹𝗮𝗻𝗻𝗶𝗻𝗴 𝗽𝗿𝗼𝗰𝗲𝘀𝘀𝗲𝘀 📖 Below is a snippet of the latest Aarhus blog post published today, Wednesday 28 August 2024. . . . . . . . 40 - Consultation, Aarhus and planning processes Author - James Maurici K.C. This is (sort of) an update on Post 2 – The Aarhus Convention at Planning Inquiries. It concerns a very recent decision in Scotland on an application for consent under section 37 of the electricity act 1989 and direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997 to install and keep installed approximately 13.3km of double circuit 275kv overhead line from Dalmally to Inverarnan located in the planning authority area of Argyll and Bute. The Scottish Ministers’ decision is dated 21 August 2024. . . . . To read the full blog post on our website, please follow this link - https://bit.ly/3Z1xFyo . . . . . . . For those that missed the announcement, Landmark Chambers Aarhus blog publishes a new blog post every fortnight which includes topics such as: updates on domestic cases on Aarhus and cases before the Aarhus Compliance Committee, CJEU case-law, similar conventions to Aarhus (e.g. the Escazú Agreement), guides to the main Articles of the Convention and the ways in which Aarhus influenced domestic law. To subscribe to the Aarhus blog and to receive the blog posts directly to your inbox, please follow this link - https://bit.ly/3y2ub00 #EnvironmentalLaw #InternationalLaw #PlanningLaw #Aarhus

𝟯𝟱𝟬 𝗵𝗼𝗺𝗲𝘀 𝗮𝗹𝗹𝗼𝘄𝗲𝗱 𝗼𝗻 𝗮𝗽𝗽𝗲𝗮𝗹 𝗶𝗻 𝗘𝗮𝘀𝘁 𝗛𝗲𝗿𝘁𝗳𝗼𝗿𝗱𝘀𝗵𝗶𝗿𝗲 A planning inspector has granted outline planning permission for up to 350 new homes on a site adjoining the settlement boundary of Buntingford, East Hertfordshire. The scheme includes up to 4,400 sqm of commercial and services floorspace and 500sqm of retail floorspace, and will deliver 40% of homes as affordable housing and 1% as custom and self build. Zack Simons and Rebecca Sage acted for the successful appellant, Countryside Partnerships Limited (part of Vistry Group), instructed by Hannah Albans MRTPI of DLP Planning Ltd. For more information, please follow this link - https://bit.ly/3Mj2x5W #PlanningLaw

We are delighted to announce that Landmark Chambers has been shortlisted for six awards at the 2024 Chambers UK Bar Awards: Set of the Year - Environment/Planning Environment/Planning Junior of the Year - Zack Simons Set of the Year - Real Estate Real Estate Silk of the Year - Tim Morshead, KC Real Estate Junior of the Year - Simon Allison Human Rights and Public Law Silk of the Year - David Blundell KC The Chambers UK Bar Awards celebrates impressive sets and individual barristers across key practice areas. Based on extensive research, the awards recognise significant achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service. The full shortlist can be found here - https://bit.ly/3AtVrc8 Good luck to all nominees. We are looking forward to meeting with friends and contacts old and new at the awards ceremony later this year. #PlanningLaw #EnvironmentLaw #PropertyLaw #PublicLaw #ChambersAndPartners #ChambersUkBarAwards #CelebratingSuccess

*Image provided by RM_A 𝗔𝗽𝗽𝗲𝗮𝗹 𝗮𝗹𝗹𝗼𝘄𝗲𝗱 𝘁𝗼 𝗲𝗻𝗮𝗯𝗹𝗲 𝗛𝗮𝗿𝗼𝗹𝗱 𝗪𝗼𝗼𝗱 𝗵𝗼𝘀𝗽𝗶𝘁𝗮𝗹 𝗿𝗲-𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 An inspector, appointed by the Secretary of State, has granted permission for the redevelopment of part of the Harold Wood Hospital site in Havering. The scheme will provide 96 new residential dwellings and associated facilities and infrastructure. The site was allocated and formed part of a masterplan dating back to 2008. The issues in the appeal included: -Outlook, aspect, light and its impact on resultant living conditions, including daylight and sunlight; -Layout, access, amenity and play space provision; -Adequacy of pedestrian and cycle link connections; and -Overall housing mix with respect to market and affordable housing. The Inspector found that the scheme would provide acceptable pedestrian and cycle link connections for future occupants and would not be detrimental to living conditions. With respect to housing mix, the Inspector concluded that the development would deliver an appropriate mix of dwellings in terms of their size, tenure and type. Hashi Mohamed and Barney McCay represented the successful appellant, Bellway Homes, and were instructed by Savills. For more information and to access the judgment, follow the link - https://bit.ly/3AyY24R

𝗟𝗼𝗿𝗱 𝗖𝗮𝗿𝗻𝘄𝗮𝘁𝗵 𝘄𝗶𝗹𝗹 𝗯𝗲 𝘀𝗽𝗲𝗮𝗸𝗶𝗻𝗴 𝗮𝘁 𝘁𝗵𝗲 “𝗧𝗼𝘄𝗮𝗿𝗱𝘀 𝗡𝗲𝘁 𝗭𝗲𝗿𝗼: 𝗟𝗲𝗴𝗮𝗹 𝗔𝘀𝗽𝗲𝗰𝘁𝘀 𝗼𝗳 𝗖𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗲 𝗖𝗹𝗶𝗺𝗮𝘁𝗲 𝗔𝗰𝘁𝗶𝗼𝗻 𝗶𝗻 𝗔𝘀𝗶𝗮” 𝗰𝗼𝗻𝗳𝗲𝗿𝗲𝗻𝗰𝗲 Landmark's Associate Member, Lord Robert Carnwath, will be speaking at the National University of Singapore's “Towards Net Zero: Legal Aspects of Corporate Climate Action in Asia” conference in Singapore on Thursday 17 October 2024. This will be the first conference in Asia to bring together lawyers, judges, directors, investors, regulators and academics to examine legal issues around corporate climate action. Lord Carnwath will be part of the second panel and will discuss climate litigation. To find out more about the conference and how you book your place, please follow this link - https://bit.ly/4dTl2db

𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗵𝗮𝗻𝗱𝘀 𝗱𝗼𝘄𝗻 𝘀𝗶𝗴𝗻𝗶𝗳𝗶𝗰𝗮𝗻𝘁 𝗷𝘂𝗱𝗴𝗺𝗲𝗻𝘁 𝗼𝗻 𝘀𝘁𝗮𝘁𝘂𝘁𝗼𝗿𝘆 𝗶𝗻𝘁𝗲𝗿𝗽𝗿𝗲𝘁𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝘁𝗵𝗲 “𝗿𝗶𝗴𝗵𝘁 𝘁𝗼 𝗺𝗮𝗻𝗮𝗴𝗲” 𝗿𝗲𝗴𝗶𝗺𝗲 Today, the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance? Justin Bates KC and Harley Ronan acted for the Appellant, instructed by Brethertons Solicitors LLP. For more information, please follow this link - https://bit.ly/4drwhtg #SupremeCourt #RightToManage #PropertyLaw