Landmark Chambers

𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗤𝘂𝗮𝘀𝗵𝗲𝘀 𝗪𝗵𝗶𝘁𝗲𝗵𝗮𝘃𝗲𝗻 𝗖𝗼𝗮𝗹 𝗠𝗶𝗻𝗲 𝗣𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 Friends of the Earth’s challenge to the grant of planning permission for the Whitehaven coal mine has succeeded on all grounds. Friends of the Earth’s co-claimant South Lakes Action on Climate Change (SLACC) succeeded on all of its grounds but one. The decision to grant planning permission has been quashed. . . . The mine owner, WCM Limited, has not sought permission to appeal and must now decide whether to abandon the project or insist on a redetermination. Friends of the Earth was represented in these proceedings by Paul Brown KC, Alex Shattock (both of Landmark Chambers) and Toby Fisher (Matrix Chambers). Instructed solicitors were Rowan Smith and Julia Eriksen of Leigh Day. Friends of the Earth’s in-house lawyers were Niall Toru and Katie de Kauwe. SLACC was represented by Estelle Dehon KC and Rowan Clapp, of Cornerstone Barristers, and by Matthew McFeeley and Holly Law at Richard Buxton Solicitors. The Secretary of State was represented by Richard Moules KC, Nick Grant (both of Landmark Chambers) and Richard Honey KC (Francis Taylor Building). For more information, including a link to the judgment, please follow this link: https://bit.ly/3TrHi67 #PlanningLaw #EnvironmentalLaw

𝗖𝗼𝘃𝗶𝗱 𝗜𝗻𝗾𝘂𝗶𝗿𝘆: 𝗠𝗼𝗱𝘂𝗹𝗲 𝟯 𝗯𝗲𝗴𝗮𝗻 𝘁𝗵𝗶𝘀 𝘄𝗲𝗲𝗸 The public hearing for Module 3 of the Covid Inquiry began on Monday 9 September. This will run for 10 weeks in London with a two-week break. It investigates the governmental and societal response to Covid-19 as well as examining the impact that the pandemic had on the healthcare system, patients and healthcare workers. Fiona Scolding KC is representing the Department of Health and Social Care in this inquiry. https://bit.ly/3TNA9xd #covidinquiry #covid19

📖 𝟰𝟭 - 𝗪𝗵𝗮𝘁 𝗶𝘀 𝗮𝗻 𝗔𝗮𝗿𝗵𝘂𝘀 𝗖𝗼𝗻𝘃𝗲𝗻𝘁𝗶𝗼𝗻 𝗰𝗹𝗮𝗶𝗺? (𝗥𝗲𝗹𝗼𝗮𝗱𝗲𝗱)📖 Below is a snippet of the latest Aarhus blog post published today, Wednesday 11 September 2024. . . . . . . . 41 - What is an Aarhus Convention claim? (Reloaded) Author – Alex Shattock The human race has discovered much over the past century. We have painted the first images of black holes using simultaneous pictures timed with precise atomic clocks. We have dissembled and reassembled divergent branches of mathematics to prove Fermat’s last, supposedly unsolvable theorem. We have smashed invisible particles together at improbable speeds, and in doing so we have unearthed the very building blocks of our universe. But despite this body of accumulated knowledge, and despite our inherent, immutable curiosity, the answer to one pervasive question still eludes us as a species: what is an Aarhus Convention claim? . . . . To read the full blog post on our website, please follow this link - https://bit.ly/3Tr91DP . . . . . . . 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

📖 𝙉𝙚𝙬 𝙋𝙪𝙗𝙡𝙞𝙘 𝙖𝙣𝙙 𝘼𝙙𝙢𝙞𝙣𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙫𝙚 𝙇𝙖𝙬 𝙗𝙡𝙤𝙜📖 Landmark Chambers has published a new Public and Administrative Law blog. Below is a snippet from the latest blog post which is now available on our website. . . . . . . . 𝗔𝗻 𝗼𝘃𝗲𝗿𝘃𝗶𝗲𝘄 𝗼𝗳 𝗠𝗧𝗔 𝘃 𝗟𝗼𝗿𝗱 𝗖𝗵𝗮𝗻𝗰𝗲𝗹𝗹𝗼𝗿 The Respondent, MTA, was a young man with a global learning disability and complex mental health difficulties. He lived in East London with his mother and siblings in a home rented from a housing association, Gateway Housing Association (“Gateway”). . . . This article was written by Claudia Hyde. To read the full blog post on our website, please visit the following link - https://bit.ly/4eC1lXJ #PublicandAdministrativeLaw #Blog

Landmark's David Elvin KC will be presenting a talk on the developer’s view of the Finch judgment at UKELA - UK Environmental Law Association’s Annual Scottish Conference. This event will take place online on Thursday 26 September 2024 from 9am to 12pm.   To find out more about the conference, please follow the link:  https://bit.ly/3XHDn7O #EnvironmentalLaw #PlanningLaw #Finch

𝗧𝗵𝗶𝗿𝗹𝘄𝗮𝗹𝗹 𝗶𝗻𝗾𝘂𝗶𝗿𝘆: 𝗼𝗽𝗲𝗻𝗲𝗱 𝘆𝗲𝘀𝘁𝗲𝗿𝗱𝗮𝘆 𝗶𝗻 𝗟𝗶𝘃𝗲𝗿𝗽𝗼𝗼𝗹 Yesterday, the Thirlwall inquiry launched it’s four days of opening statement in Liverpool Town Hall, with hearings expected to continue into early next year. Thirlwall said in her opening statement “At the heart of this inquiry are the babies who died who were injured and their parents. I do not presume to describe the feelings and emotions that those parents experienced.” Lady Justice Thirlwall has told the Thirlwall inquiry that she expects to publish her final report in the autumn of next year. Fiona Scolding KC is representing the Royal College of Paediatrics and Child Health (RCPCH). https://bit.ly/47oErQZ #thirlwallinquiry

📖 𝙉𝙚𝙬 𝙋𝙪𝙗𝙡𝙞𝙘 𝙖𝙣𝙙 𝘼𝙙𝙢𝙞𝙣𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙫𝙚 𝙇𝙖𝙬 𝙗𝙡𝙤𝙜📖 Landmark Chambers has published a new Public and Administrative Law blog. Below is a snippet from the latest blog post which is now available on our website. . . . . . . . 𝗡𝗲𝘄 𝗚𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁, 𝗡𝗲𝘄 𝗧𝗲𝗿𝗺 – 𝘄𝗵𝗮𝘁’𝘀 𝗮𝗵𝗲𝗮𝗱 𝗶𝗻 𝗽𝘂𝗯𝗹𝗶𝗰 𝗹𝗮𝘄 Now that the summer recess is over and Parliament has returned, we are likely to get more of a feel for how the new government will approach the intersection of law and politics, as well as for how they will take decisions in public law terms. There have been a number of interesting developments so far. . . . This article was written by Samantha Broadfoot KC. To read the full blog post on our website, please visit the following link - https://bit.ly/3MGrIQi #PublicandAdministrativeLaw #Blog

𝟮𝟭𝟱 𝗵𝗼𝗺𝗲𝘀 𝗮𝗹𝗹𝗼𝘄𝗲𝗱 𝗼𝗻 𝗮𝗽𝗽𝗲𝗮𝗹 𝗶𝗻 𝗕𝗮𝗿𝗻𝘀𝗹𝗲𝘆 A planning inspector has granted planning permission for up to 215 homes in Barnsley, following a successful appeal against Barnsley Metropolitan Borough Council’s refusal. The proposed development is located within a larger area allocated in the Barnsley Local Plan for 1,683 homes, supported by a Masterplan and Delivery Strategy. The Inspector found that any deviations from the Masterplan and Delivery Strategy were minor and would not result in any overall harm and that “Whilst the Masterplan and Delivery Strategy are important material considerations, they should not be used in a way that is so restrictive it would prevent a policy compliant scheme coming forward. A balanced approach must be taken.” The Inspector also noted that no other planning permission had been granted for the wider allocation and that permitting development to proceed on this site could provide a “catalyst” to other sites coming forward. Sasha White KC and Anjoli Foster acted for the successful appellant, instructed by Gateley Legal. For more information, including a link to the appeal decision, please click here - https://bit.ly/4dWf1wG

𝗗𝗼𝗿𝘀𝗲𝘁 𝗵𝗼𝘂𝘀𝗶𝗻𝗴 𝗮𝗽𝗽𝗲𝗮𝗹 𝗱𝗶𝘀𝗺𝗶𝘀𝘀𝗲𝗱 Following a month-long inquiry, Inspector Jonathan Bore dismissed an appeal for an outline planning permission for a mixed use development of up to 1,700 dwellings, a new village centre, and 10,000m2 of employment space in Alderholt, Dorset (APP/D1265/W/23/3336518). The proposal was not on an allocated site. The Inspector found that the additional vehicle movements generated by the development would be loaded on to a poor rural road network with negative consequences for highway safety, congestion, and inconvenience. Applying the tilted balance, the Inspector found that the negative impacts significantly and demonstrably outweighed the benefits and so the appeal was dismissed. Melissa Murphy KC and Nick Grant represented the local planning authority Dorset Council. Richard Turney KC and Natasha Jackson represented the Appellant. For more information, including a link to the appeal decision, please click here - https://bit.ly/3MBlocN

𝗔𝗣 𝗪𝗶𝗿𝗲𝗹𝗲𝘀𝘀 𝘃 𝗢𝗻 𝗧𝗼𝘄𝗲𝗿 𝗨𝗞 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 [𝟮𝟬𝟮𝟰] 𝗨𝗞𝗨𝗧 𝟮𝟲𝟯 (𝗟𝗖) Monday 9 September 2024 This case was an appeal heard by Edwin Johnson J, the President of the Upper Tribunal, from a ruling by Judge Jackson in the First-tier Tribunal. It was a telecoms case and involved the question as to whether two written agreements entered under the old telecoms code (originally by Orange) for the erection and maintenance of telecoms equipment on two greenfield sites were leases or licenses. If they are held to be leases, of course, then any renewal by the code operator had to be under the provisions of the Landlord and Tenant Act 1954, which are much more favourable to the site provider than those of the new Code. Neither agreement called itself either a “lease” or a “licence”. Judge Jackson had held that both agreements were licenses as neither granted exclusive possession. One of the agreements was for a “minimum term” of 10 years subject to termination on any date thereafter on the giving of 12 months’ notice. Judge Jackson held that this was sufficient term certain to constitute a lease (if exclusive possession had been granted). On appeal, Edwin Johnson J, whilst approving the legal approach of the Judge to the question of whether or not exclusive possession had been granted, disagreed with him. Edwin Johnson J held that both agreements granted exclusive possession. However, he disagreed with the Judge and held that the “minimum term” provision in one of the agreements was not sufficient term certain to qualify as a lease. Thus, the appeal was allowed in respect of one of the agreements and dismissed in relation to the other (albeit on different grounds and despite the fact that it granted exclusive possession to the operator). The case is interesting as it contains a detailed discussion of the principles and authorities on the lease/license distinction in the context of telecoms agreements as well as a consideration of the authorities on what constitutes a term that is sufficiently certain to be a lease. David Holland KC leading Wayne Clark acted for the site provider. #Telecoms