Cases


Court of Appeal hands down landmark judgment in relation to the interpretation of Regulation 122 of the CIL Regulations


Earlier this month, the Court of Appeal heard an appeal brought by Tesco which engaged an important point of legal principle concerning the proper application of the CIL Regulations to… Read more »

Author Paul Stinchcombe QC, Jonathan Darby Date

Planning permission granted for 35 homes at Sherborne


Outline planning permission has been granted on appeal for a 35 home scheme on land to the north of Bradford Road, Sherborne.  Planning permission had been refused on landscape and… Read more »

Author Richard Harwood OBE QC Date

Tidal Lagoon Swansea Bay (Generating Station) DCO


Christiaan Zwart acted for the Examining Authority (Panel) of the National Infrastructure Directorate in relation to this nationally significant tidal wave power station: Wales’ first ever electricity-producing tidal lagoon. The… Read more »

Author Christiaan Zwart Date

Myndd y gwynt Wind Farm DCO (2015)


Christiaan Zwart is acting for Welsh regulator Natural Resource Wales (the Welsh equivalent of the Environment Agency and Natural England) in a test DCO application by a wind turbine developer… Read more »

Author Christiaan Zwart Date

Smout v (1) Welsh Ministers (2) Wrexham County Borough Council (3) Cory Environment (Central) Ltd


Acted for the Claimant as sole counsel at Inquiry and as junior to Richard Harwood in the High Court.  The Court of Appeal has granted leave to appeal against the confirmation of 2 modification orders in respect of planning permission for landfilling waste at Hafod Quarry, Ruabon.  Succeeded in obtaining a declaration in the High Court that Directive 85/337 on the EIA of public and private projects has not properly been transposed into UK law.

Date

Matthews v. Secretary of State for Communities and Local Government


On an appeal under s.289(1) of the Town and Country Planning Act 1990, the High Court held that an appellant could not seek to persuade a planning inspector to quash an enforcement notice, rather than amend it to reflect partial success on an appeal, under the Town and Country Planning Act 1990 s.174(2)(b) and (d), by arguing that the local planning authority should be given an opportunity to consider the expediency of taking enforcement action against the breach of planning control as determined by the inspector. Mungo Wenban-Smith appeared for the appellant.

Author Mungo Wenban-Smith Date

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