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No5’s Planning expertise once again strongly recognised in annual survey
No5 Barristers’ Chambers has again made a strong showing in Planning Resource’s Annual Planning Law Survey published on 16 June 2023...

Date: Fri, 16 Jun 2023
Diddly squat: a digest
Two appeals have been made by Mr Clarkson in relation to the Diddly Squat Farm Shop which has gained much public interest....

Date: Thu, 15 Jun 2023
The Planning Podcast Episode 038 - Decision making - Key themes from recent law case
Richard Kimblin KC is joined by Hugh Richards and Howard Leithead for Episode 38 of the Planning Podcast....

Date: Wed, 24 May 2023
The Planning Podcast Episode 037 - NDMPs
In this Planning Podcast, Richard Kimblin KC is joined once again by James Corbet Burcher to discuss NDMPs...

Date: Wed, 10 May 2023
The Planning Podcast 036 - Plan making
In this Planning Podcast, James Corbet Burcher helps us look ahead to plan making as envisaged in the Levelling Up etc Bill...

Date: Wed, 26 Apr 2023
Powering Up Britain—Net Zero Growth Plan
In October 2021, the government published its ‘Net Zero Strategy: Build Back Greener (the NZS)’, which described proposals that it was said would enable the UK to meet its sixth carbon budget and net zero by 2050....

Date: Mon, 17 Apr 2023
Court of Appeal dismisses challenge to major permission for re-working of waste in the green belt (R (Whitley PC) v North Yorks CC)
Planning analysis: The Court of Appeal rejected a challenge to a decision by a County Council to grant planning permission for the extraction of pulverised fuel ash from a site within the green belt....

Date: Tue, 28 Feb 2023
The Planning Podcast Episode 35 - Pupillage
The Planning Podcast returns this new year for a very particular purpose, pupillage...

Date: Tue, 10 Jan 2023
DB Symmetry Ltd and another (Respondents) v. Swindon Borough Council (Appellant)
No5's Richard Humphreys KC has successfully acted for DB Symmetry Ltd in the case 'DB Symmetry Ltd and another (Respondents) v. Swindon Borough Council (Appellant) [2022] UKSC 33'....

Date: Wed, 14 Dec 2022
Nina Pindham has been presented with a Climate Law & Governance Global Leadership Award
Congratulations to Nina Pindham on being presented with a Climate Law & Governance Global Leadership Award during the CLGI Climate Law and Governance Initiative Day at COP27...

Date: Fri, 25 Nov 2022
Hillside in the Supreme Court: what next for ‘drop in’ permissions?
The Supreme Court handed down judgment in Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 on the 2 November 2022...

Date: Mon, 07 Nov 2022
Smith v. SoS for Levelling Up, Housing and Communities
The case concerned a planning inspector’s reliance on the new definition of Gypsies and Travellers in Planning Policy for Traveller Sites introduced by the government in August 2015...

Date: Tue, 01 Nov 2022
HS2 – Route Wide Injunction Granted
The High Court (Mr Justice Julian Knowles) has granted High Speed Two (HS2) Limited an interim injunction...

Date: Wed, 21 Sep 2022
Latest judicial review challenge involving the HS2 project fails (Buckinghamshire Council v SST)
The claimant local authority challenged by judicial review the decisions in three appeals against the non-determination of applications for the approval of arrangements for large goods vehicles...

Date: Tue, 16 Aug 2022
High Court quashes planning permission for failure to consider a development plan policy
Planning analysis: In a challenge to the decision of a local planning authority (LPA) to grant planning permission for housing on a longstanding sports field...

Date: Mon, 25 Jul 2022
No5’s Planning expertise recognised in annual survey
No5 Barristers’ Chambers has again made a strong showing in Planning Resource’s Annual Planning Law Survey which was published on 24 June 2022. A total of 11 members of the Planning Group appear in the lists citing the most respected planning barristers in the country....

Date: Fri, 24 Jun 2022
Nina Pindham recognised as a leading environmental professional
Congratulations to Nina Pindham who has been identified in the inaugural ENDS Power list...

Date: Thu, 19 May 2022
Planning Podcast Episode 30: Levelling Up
Planning takeaways from the White Paper. In this episode, Sioned Davies picks out the key messages which have an impact on town centres, employment land policy, Green Belt and devolution, so that you do not have to read all four documents and the 332 page White Paper....

Date: Fri, 13 May 2022
Planning Podcast Episode 31: Walleys Quarry
Planning takeaways from the White Paper. In this episode, Sioned Davies picks out the key messages which have an impact on town centres, employment land policy, Green Belt and devolution, so that you do not have to read all four documents and the 332 page White Paper....

Date: Fri, 13 May 2022
Planning Podcast Episode 33 - Environmental statements & climate impact – [1] Dissent in the High Court
In this episode of the Planning Podcast, Richard Kimblin QC is joined by Will Rundle, Head of Legal at Friends of the Earth...

Date: Tue, 10 May 2022
Planning Podcast Episode 32 - Environmental statements & climate impact – [1] Dissent in the Court of Appeal
Environmental statements and climate change impact – [1] Dissent in the Court of Appeal In this episode of the Planning Podcast,...

Date: Wed, 04 May 2022
High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council)
Planning: The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum....

Date: Mon, 04 Apr 2022
Milton Keynes Council v Wilsher [2022] EWHC 578 (QB)
Tim Jones has successfully defended an application for an injunction to obtain possession of land and successfully established adverse possession of that land in proceedings in the High Court before Eyre J...

Date: Wed, 23 Mar 2022
49.9 MW Solar Farm Allowed on Appeal
Following an appeal made by JBM Solar Projects 6 Limited (APP/B3030/W/21/3279533), Inspector Baird has granted permission for a 49.9 MW solar farm on a site of approximately 100ha north of Halloughton, Nottinghamshire in the district of Newark & Sherwood...

Date: Mon, 21 Feb 2022
Planning Podcast Episode 29: From MSA to VSC
In this practical take on motorway service areas and Green Belt very special circumstances, Christian Hawley and Thea Osmund-Smith join Richard Kimblin QC in identifying the ‘what’ and the ‘how’ in this competitive area of work....

Date: Tue, 08 Feb 2022
The court of appeal resurrects “persons unknown injunctions
On 13 January 2022, the Court of Appeal handed down its long-awaited judgment on the use of injunctions against “persons unknown”. The hearing lasted 3 days and involved 14 barristers...

Date: Fri, 14 Jan 2022
Christopher Young QC and Sioned Davies successful on an appeal for new tall buildings in London
17 storey residential development in three towers in suburban Enfield next to grade ii listed Southgate station...

Date: Wed, 15 Dec 2021
Environmental judicial review involving HS2 fails at the permission stage
This is a challenge to a consent granted by the Environment Agency under the primary legislation which authorised construction of the HS2 railway...

Date: Tue, 07 Dec 2021
New logistics and industrial development granted planning permission in the green belt
Peter Goatley QC and Christian Hawley have succeeded in obtaining planning permission for Miller Developments and TJ Morris for over 2.2 million square feet of B2 and B8 distribution space in the green belt to the east of St Helens....

Date: Thu, 11 Nov 2021
Planning Podcast Episode 28: Climate Litigation - what's the point?
A challenge to a North Sea consent might not immediately strike you as a ’need to know’. But if you do need to know any of the following, listen in...

Date: Mon, 08 Nov 2021
LPA Enforcement Revisited
Originally broadcast on the 7th October, No5’s Sioned Davies, Oliver Lawrence and Howard Leithead joined Scott Stemp for a webinar about Planning Enforcements...

Date: Thu, 21 Oct 2021
Gypsies, Travellers and Injunctions
Originally broadcast on the 30th September, Hugh Richards and Tim Jones discussed gypsies, travellers and injunctions...

Date: Thu, 21 Oct 2021
Greenpeace fails in attempt to challenge BP’s Vorlich Field
Greenpeace Limited (“Greenpeace”) appealed to the Court of Session (Inner House, First Division) against decisions made by the Secretary of State for Business, Energy and Industrial Strategy...

Date: Mon, 18 Oct 2021
New crematorium grant of planning permission following appeal in Surrey green belt
Horizon Cremation have succeeded in obtaining planning permission for a new crematorium at Oxted following a public inquiry...

Date: Tue, 05 Oct 2021
Statutory Nuisance
Originally broadcast on the 20th September 2021, Jack Smyth, Howard Leithead and Sioned Davies gave a webinar on Statutory Nuisance...

Date: Mon, 04 Oct 2021
No5 Barristers' Chambers again features at the forefront of The Legal 500
No5 Barristers' Chambers has again maintained its position as a leading set in the 2022 edition of The Legal 500...

Date: Fri, 01 Oct 2021
The Planning Podcast - Episode 27: Case Law Update
Back for the autumn, the Planning Podcast turns to a five-case legal update...

Date: Fri, 17 Sep 2021
Supreme Court provides costs guidance for planning statutory reviews that also affects judicial review cases (CPRE Kent v SSCLG)
Planning analysis: The Supreme Court considered a costs challenge concerning a planning statutory review...

Date: Wed, 01 Sep 2021
Climate Change Case Law - What difference is it making to you?
Originally broadcast in July 2021, Richard Kimblin QC and Nina Pindham gave a webinar on climate change case law....

Date: Tue, 03 Aug 2021
Court of Appeal takes a pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)
Planning analysis: The Court of Appeal considered how to measure the height of a proposed building...

Date: Tue, 13 Jul 2021
Pubs, Planning Policy and the Public Sector Equality Duty (R (oao Danning) v Sedgemoor District Council)
Planning analysis: The continued loss of rural pubs to alternative, higher value uses...

Date: Mon, 28 Jun 2021
The Planning Podcast - Episode 26 - Wales
In this episode, The Planning Podcast looks to Wales for a lead. We find positive, modern and innovative approaches to the environment...

Date: Tue, 15 Jun 2021
Getting it Right: A guide to disability etiquette
No5 Barristers’ Chambers and Robert Hunter, of City Disabilities, explore issues of etiquette around disability and how to avoid causing offence....

Date: Thu, 27 May 2021
Planning Podcast 25: The Long Examination
The Planning Podcast looks at the long, indeed the seemingly never-ending, examination and considers the scope for and potential impact of reform. With guests Jerry Youle, Inspector and Professional Lead for local plans at the Planning Inspectorate, Satnam Choongh, Planning and Environmental barrister at No5 Barristers' Chambers, Tim Burden and David Murray-Cox, each planning Directors at Turley, Richard Kimblin QC explores the practical problems which can cause local plan examinations to take years, and what might be done to help....

Date: Tue, 25 May 2021
Winning at Appeal: It’s the Benefits Stupid
The key point in this article is that in the midst of the persistent and pervasive national housing crisis, appellants need to help themselves, by helping inspectors to fully understand the benefits of new housing proposals. That is the benefits for the local community and the wider area. This ensures the interests that are being articulated and listening to are not just those who are vociferously opposed to new housing because it is located near to their house. But also those who will benefit most obviously from the scheme....

Date: Mon, 24 May 2021
The High Court applies the brakes to Local Authority Injunctions against persons unknown
On 12 May 2021, Nicklin J handed down judgment in the case of London Borough of Barking and Dagenham v Persons Unknown [2021] EWHC 1201 (QB). It followed a 2 day final hearing involving 13 barristers. The case grouped together 38 claims in which Traveller Injunctions were granted to be managed by a single judge from October 2020....

Date: Fri, 14 May 2021
Planning Podcast 24: The Ox-Cam Arc
In one of the Planning Podcast’s ‘long-listens’, we bring together guests with long experience and real insight into planning for one of England’s most complex and dynamic areas in which so much is playing out: linear infrastructure; local and London’s unmet housing need; connecting hubs of growth and innovation; spatial strategies across districts and regions; new governance structures and a particular role for Government in forward planning....

Date: Tue, 11 May 2021
Planning Podcast 23: 'Let's meet!' - What does that mean?
In a rather more formal context, that is what the High Court had to decide last week with the widely reported outcome that local authority council meetings may not continue to take place virtually in England, absent primary legislation. That is the spoiler about the result of the case, but how and why did we get to that position and what are the practical work arounds?...

Date: Wed, 05 May 2021
Planning Podcast 22: Village Greens - does a lawful use become a criminal offence?
The Planning Podcast turns to look at the practical effect of town and village green registration through the case of TW Logistics. Where a long standing use and activity co-exists with recreational uses, will that activity mean that the landowner will commit an offence under the ‘Victorian Statutes’?...

Date: Wed, 05 May 2021
High Court quashes grant of inspector’s grant of planning permission in appeals under TCPA 1990, ss 288 and 289 (Manchester CC v SSHCLG)
The High Court quashed a planning inspector’s decision to allow an enforcement notice appeal...

Date: Tue, 04 May 2021
Peter Goatley QC and Christian Hawley successful in obtaining planning permission
Peter Goatley QC and Christian Hawley have succeeded in obtaining planning permission for up to 373 dwellings together with strategic landscaping and other infrastructure in Torbay....

Date: Tue, 27 Apr 2021
High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990
Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990)...

Date: Thu, 08 Apr 2021
Planning Podcast 21 - A year of screen time: tips to improve performance in virtual hearings
As we approach the anniversary of remote working, Richard Kimblin QC and guests share practical tips and guidance for future virtual and hybrid hearings, inquiries, examinations and trials. Richard is delighted to introduce Sioned Davies to The Planning Podcast, joined by regulars Oliver Lawrence and Howard Leithead...

Date: Thu, 04 Mar 2021
Planning Podcast 20 - Two Court of Appeal Cases Part Two
Richard Kimblin QC hosts a short podcast with Satnam Choongh and Christian Hawley, planning and environmental barristers at No5 Barristers' Chambers, to look at two cases from the Court of Appeal which address the tilted balance....

Date: Thu, 25 Feb 2021
Planning Podcast 19 - Two Court of Appeal Cases Part One
With Satnam Choongh, planning and environmental barrister at No5, Richard Kimblin QC introduces the first of a pair of Planning Podcasts looking at practical points from two recent Court of Appeal Cases....

Date: Thu, 25 Feb 2021
No5 Shortlisted for Legal Cheek Awards
In this year’s awards which will be taking place virtually on Thursday 25 March, No5 has been shortlisted in the category of Best Chambers for Colleague Supportiveness 2021....

Date: Fri, 05 Feb 2021
High Court quashes permission granted under section 73 of the Town and Country Planning Act 1990 (R (on the application of Parkview Homes) v Chichester District Council)
The High Court quashed a decision to grant a planning permission under section 73 of the Town and Country Planning Act 1990 (TCPA 1990), together with the permission itself, in circumstances where the local planning authority (LPA) had made several errors in the decision-making process....

Date: Thu, 28 Jan 2021
High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council)
The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement)....

Date: Fri, 22 Jan 2021
Autumn Planning Webinar 2020
The webinar will include talks on: Planning Reforms: How much legislative change could there actually be? Why proceed with the promotion of a local plan? Is now the time to promote and make substantial applications? Environment Bill: The row about the regulator and why it matters. Environmental principles in a planning context. Environmental targets and what plans and projects should be aiming for. CIL / S106: Land value capture – where did this come from and why would it be a big deal? Where does the money go and why are the proposals radical? Standard method update: Where we are now? Levelling up...

Date: Thu, 14 Jan 2021
Effective Performance at Appeal with Leanne Buckley-Thomson
From the No5 Barristers Chambers Annual Local Planning Authority Webinar, Effective Performance at Appeal with Leanne Buckley-Thomson...

Date: Fri, 08 Jan 2021
Local Plans: Lessons from Recent Examinations with Hugh Richards
Local Plans: Lessons from Recent Examinations with Hugh Richards - From the No5 Barristers' Chambers Planning Group's Planning Local Authority Webinar 2020...

Date: Fri, 08 Jan 2021
12 Steps To Better Remote Hearings
Alex Mellis shares his experiences of Remote Hearings with 12 steps to better Remote hearings...

Date: Tue, 05 Jan 2021
High Court upholds experimental traffic order in the City of London
High Court upholds experimental traffic order in the City of London despite deciding that procedural failures occurred (Tomkins v City of London Corp)...

Date: Mon, 21 Dec 2020
Case Law Update with Richard Humphreys QC
Case Law Update from Richard Humphreys QC from the Planning and Environment Group's Local Planning Webinar 2020....

Date: Wed, 16 Dec 2020
Local Planning Authority Webinar
The webinar will include talks on the planning white paper, changes to PD rights and use classes order, Community Levy Infrastructure, how to prevent challenge at committee followed by case law, local plan and appeals updates....

Date: Wed, 16 Dec 2020
Planning Podcast 18 - A look back at 2020 with the Top Tips Team
Spotting key themes and evolving issues from 2020, the top tips team turns to small housing sites; the continued impact and evolution of the Rosewell Review; the recovery, a top tip from Leanne Buckley-Thomson and an issue which will dominate for decades to come - climate....

Date: Wed, 16 Dec 2020
High Court rejects challenge concerning the provision of Gypsy and Traveller pitches
The High Court dismissed a judicial review challenge of the decision of a local planning authority to grant planning permission...

Date: Wed, 16 Dec 2020
Planning Podcast 17 - Top Tips with Leanne, Howard and Oliver
With the ever-up-to-date-team of Leanne Buckley Thomson, Howard Leithead and Oliver Lawence,  a package of what has made them sit up and take notice in the planning and environmental world in the last couple of weeks: highways impacts and the Framework, a curious consent in Snowdonia and an update on penalties for environmental offences....

Date: Wed, 09 Dec 2020
Suspension Lifted for Doctor represented by Kawsar Zaman
Kawsar Zaman has successfully represented a Doctor before the Medical Practitioners Tribunal Service during an Interim Orders Tribunal review hearing (FTP) in which an interim suspension (imposed 6 months earlier) has been replaced with interim conditions....

Date: Tue, 08 Dec 2020
R v (1) Canterbury City Council (2) Redrow Homes (South East) [2020] EWCA Civ 1588
In R v Canterbury City Council [2020] EWCA Civ 1588, the Court of Appeal considered two applications to re-open final appeals pursuant to CPR52.30....

Date: Mon, 07 Dec 2020
Planning Podcast 16 - Affordability Crisis - Building Does Not Help?
You might think it is obvious – you increase housing land supply, you improve affordability. That is a premise of much forward planning and of Planning for the Future. Is that correct and straightforward, or not?...

Date: Tue, 01 Dec 2020
Planning Podcast 15 - Design, Coding and Communities
The Planning Podcast turns to design, coding and making beautiful places for communities. With Professor Robert Adam, in conversation with Leanne Buckley-Thompson, planning and environmental barrister at No5 Chambers....

Date: Tue, 24 Nov 2020
Planning Podcast 14 - Top Tips with Leanne, Howard and Oliver
With the ever-up-to-date-team of Leanne Buckley Thompson, Howard Leithead and Oliver Lawence they have packaged up a short and quick fire review of what has made them sit up and take notice in the planning world in the last couple of weeks....

Date: Tue, 17 Nov 2020
Planning appeal success for Richard Humphreys QC
North Warwickshire and South Leicestershire College's appeal (for development of up to 195 dwellings together with a 3G sports pitch, public open space, other green infrastructure, and landscaping) has been allowed, with a full award of costs. No5's Richard Humphreys QC represented the College....

Date: Thu, 12 Nov 2020
DB Symmetry Ltd v. Swindon BC 2020 (C.A. decision)
Richard Humphreys QC represented DB Symmetry Ltd in a dispute as to whether a planning condition required the developer to dedicate access roads as public highways or whether it merely regulated the physical attributes of the roads....

Date: Thu, 22 Oct 2020
Peter Goatley QC and Christian Hawley secure planning permission for 250 dwellings in north-east Derbyshire after a fully virtual planning inquiry
Following what is believed to be the first “fully virtual” planning inquiry in the new Covid 19 era, planning permission has been obtained on appeal, following a four-day public inquiry, for the erection of up to 250 dwellings at a site in Holmewood, Derbyshire....

Date: Wed, 21 Oct 2020
Hashi Mohamed examines social mobility in the UK on BBC Radio 4
Commencing from Monday 19th October at 09.45 on BBC Radio 4, No5 planning barrister, author and presenter Hashi Mohamed...

Date: Fri, 16 Oct 2020
Thoughts from a virtual planning inquiry
A legal team from No5 Chambers and DLA Piper UK LLP have just completed a fully virtual public inquiry in relation to an appeal against a refusal of outline planning permission....

Date: Thu, 15 Oct 2020
Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB
Judgment in the case of Girling v East Suffolk Council [2020] 9 WLUK 348 was delivered on 1st October 2020 and it’s certainly one to add to your personal planning case book....

Date: Thu, 08 Oct 2020
Planning Podcast 13 - Targets & the Environment Bill with Nina Pindham
With Nina Pindham, planning and environmental barrister at No5 Barristers' Chambers, Council member and Trustee of the United Kingdom Environmental Law Association, we get right up to date....

Date: Mon, 05 Oct 2020
Virtual Local Plan Examinations – the new reality?
Having recently participated in the first virtual EiP we have teamed up with No5 Chambers to consider the format and the future of online examinations....

Date: Fri, 02 Oct 2020
Planning Permission secured by Christopher Young QC and Leanne Buckley-Thomson for Extra Care development at Albourne following virtual planning inquiry
Planning Permission secured by Christopher Young QC and Leanne Buckley-Thomson for Extra Care development...

Date: Wed, 16 Sep 2020
Inspector finds that the titled balance is engaged by virtue of the absence of a self-build policy within the South Worcestershire development plan
Jack Smyth talks about a recent case which has important implications for developers working in South Worcestershire....

Date: Fri, 04 Sep 2020
Planning Podcast 12 - Covid Consequences: Cities
In this edition we turn to cities. With Ben Rogers, Director of the Centre for London we explore major issues arising from the pandemic: the immediate downturn; suppressed demand; the role of innovators and the young....

Date: Wed, 02 Sep 2020
Planning Podcast - Episode 11 - Virtual Hearings: News from the Front
Oliver Lawrence joins Richard Kimblin QC to talk through some of the experience to date of virtual hearings, examinations and trials and we look at the upsides, the downsides and how you might want to influence the way in which your case is heard....

Date: Fri, 31 Jul 2020
A new lease of life for public space injunctions? Canterbury City Council v Persons Unknown
This was the first injunction hearing since the Court of Appeal’s judgement in Bromley LBC v Persons Unknown [2020] EWCA Civ 12 (“Bromley”)....

Date: Fri, 31 Jul 2020
Planning Podcast - Episode 10 - Planning Appeals & Mixing Modes
This episode focuses on The Business and Planning Act 2020...

Date: Thu, 23 Jul 2020
Housing Civil Enforcement Update
Whilst most of the country was in lockdown at home during the Covid 19 pandemic, the Upper Tribunal was busy giving two key judgements on civil penalties for failures to comply with housing laws....

Date: Wed, 22 Jul 2020
A right to cross-examine? The current position
There is, generally, a right to cross-examine. It was established in the 1992 rules,[1] and is present in the same form in r 16(5) of the 2000 Rules[2]:...

Date: Tue, 21 Jul 2020
Court of Appeal on: tilted balance, settlement boundaries and standard method
Oxton Farm v Harrogate BC [2020] EWCA Civ 805...

Date: Wed, 08 Jul 2020
Planning Podcast - Episode 9 - Infrastructure
The Planning Podcast turns to infrastructure. Richard Kimblin QC interviews Angus Walker, Chair of the Board of the National Infrastructure Planning Association:...

Date: Tue, 30 Jun 2020
The Client Earth/Drax Case
This case is a High Court challenge by statutory judicial review to the Secretary of State's decision to grant a development consent order for the construction and operation of two gas-fired generating units at an existing coal-fired power station site in Yorkshire....

Date: Tue, 30 Jun 2020
Discontinuing or settling a claim? Lawyers Beware
Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides guidance...

Date: Fri, 19 Jun 2020
COVID-19 update from No5 Barristers' Chambers | 18 June
Update from Tony McDaid on No5's latest position during Covid-19...

Date: Thu, 18 Jun 2020
Planning Podcast - Episode 8 - Local Plans: Part 1
In this edition, Richard Kimblin QC meets Ian Kemp, a programme officer who is known to many of you, and Thea Osmund-Smith, planning and environmental barrister at No5....

Date: Mon, 15 Jun 2020
Political considerations & scientific considerations: where should the balance be struck?
This case is a pertinent reminder of the way in which political considerations can lawfully affect...

Date: Fri, 12 Jun 2020
Planning Podcast - Episode 7 - Lochailort Investments Ltd v Mendip District Council
Hashi Mohamed and Tim Jones discuss the latest case on Neighbourhood Plans – what it means to be meet the ‘basic conditions’, designating local green spaces, and the difference between NPs and Local Plan processes....

Date: Fri, 29 May 2020
Planning Podcast - Episode 6 - Planning Enforcement
Covid-consequences for planning enforcement: investigation with social distancing, difficulties in issuing notices and commencing criminal proceedings, solutions for local authorities, and the timescales for appeals, particularly if evidence on oath is required...

Date: Tue, 26 May 2020
High Court refuses to make injunction against persons unknown to protect HS2 construction
Hillingdon London Borough Council V Persons Unknown (2020)...

Date: Wed, 20 May 2020
The power to make a Public Path Diversion Order
Points for councils, vendors, purchasers and owners of adjacent land...

Date: Tue, 19 May 2020
Mental Health Awareness Week
No5 Barristers’ Chambers is committed to protecting the mental health of its barristers, pupils and staff. We have been awarded the Bar Council’s Wellbeing Certificate of Recognition and have in place a robust Wellbeing Policy to provide such support....

Date: Mon, 18 May 2020
Planning Podcast - Episode 5 - Planning and the Courts
This podcast considers Covid-consequences: timescales for planning litigation, social distancing for the courts...

Date: Tue, 12 May 2020
Housing vs Allocation: The Kings Hill Decision
By now, there may be some who need a gentle reminder that the home is preferable to the office. They need look no further than the Kings Hill decision...

Date: Tue, 05 May 2020
Planning Podcast - Episode 4 - Covid-consequences: Net Zero
Net Zero: what was the vision pre-covid and what are the Covid-consequences?...

Date: Fri, 01 May 2020
Major mixed-use proposed development survives High Court challenge
R (on the application of Advearse) v Dorset Council [2020] EWHC 807 (Admin)...

Date: Mon, 27 Apr 2020
Permission for 500 homes in the Green Belt
Chris Young QC, James Corbet Burcher and Thea Osmund-Smith secure Successful Appeal Result...

Date: Fri, 24 Apr 2020
Putting the court before the horse
An unusual case of a developer seeking the intervention of the High Court...

Date: Fri, 24 Apr 2020
Planning Podcast - Episode 3 - Covid-consequences: Little Ships
This week we start to look at covid consequences. Not what is happening now, or for the end of this lockdown period which extends to the VE Day celebrations....

Date: Wed, 22 Apr 2020
Satnam Choongh secures consent for 181 House Scheme in Devon
In this case Inspector Harold Stephens granted planning permission for 181 dwellings in Great Torrington, Devon, overturning a refusal by Torridge District Council....

Date: Wed, 22 Apr 2020
Paul Cairnes QC and Oliver Lawrence secure planning permission for up to 350 homes in Kent
Paul Cairnes QC and Oliver Lawrence secure planning permission for up to 350 homes in West Malling...

Date: Wed, 15 Apr 2020
Phone lines now working as normal
Update 9 April 15:48: Phone lines now functioning...

Date: Thu, 09 Apr 2020
Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin)
This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations....

Date: Wed, 08 Apr 2020
Case Comment: Alison Hook v SSHCLG and Surrey Heath BC [2020] EWCA Civ 486
Planning conditions are useful tools that can address a wide variety of objections. Conditions can enhance the quality of a development, mitigate its adverse effects, and pave the way to permission....

Date: Wed, 08 Apr 2020
Annual Planning Seminar podcast 'ICC 2020' - Episode 2
In the second part of our inaugural podcast, the No5 Planning Team takes another look at topical issues from nitrates to planning for the future and case law updates....

Date: Tue, 07 Apr 2020
Annual Planning Seminar podcast 'ICC 2020' - Episode 1
Having had to postpone its Annual Planning Seminar until October due to the ongoing Covid-19 crisis, the No5 Planning Team has taken to the airwaves to record No5’s inaugural podcast...

Date: Tue, 07 Apr 2020
HMCTS ‘Priority’ work and injunctive relief
On the 1st April 2020 HMCTS published a note on the Civil Court Listing Priorities. This is divided into two sections: - Priority 1 work includes work that ­­­must be done and Priority 2...

Date: Thu, 02 Apr 2020
Planning expertise recognised in annual survey
No5 Barristers’ Chambers has again made a strong showing in Planning Resource’s Annual Planning Law Survey which was published on 27 March 2020...

Date: Tue, 31 Mar 2020
Virtual Local Government and Virtual Planning Appeals
A short summary for lockdown week 2...

Date: Mon, 30 Mar 2020
Virtual Courts and Tribunals
This note attempts to summarise the current working practice for Courts and Tribunals in England and Wales: is the court or tribunal simply closed, open for certain business or operating new remote procedures?...

Date: Mon, 30 Mar 2020
No5 Barristers' Chambers offers Virtual Mediation and Round Tables
No5 have set up the facility to host virtual mediations and round table meetings....

Date: Wed, 25 Mar 2020
Telephone numbers for managers
Mobile numbers for management...

Date: Tue, 24 Mar 2020
Sentencing for the breach of enforcement notice: R v Bloor
It is notoriously difficult to predict the level of fines in planning cases. Not least because the guidelines are unhelpfully broad....

Date: Tue, 24 Mar 2020
Infrastructure and the Environment – some learning from Heathrow
At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus....

Date: Thu, 19 Mar 2020
No5 working to minimise the spread of COVID-19
The steps No5 are taking to help minimise the spread of COVID-19....

Date: Fri, 13 Mar 2020
Gladman Developments Ltd v. SSHCLG & Corby BC; & Uttlesford DC [2020] EWHC 518 (Admin)
These cases concerned challenges by Gladman to two appeal decisions made by Planning Inspectors relate to the interpretation of paragraph 11(d)(ii) of the National Planning Policy Framework issued in February 2019 (“NPPF”)....

Date: Thu, 12 Mar 2020
“Planning for the Future" – the headlines
MHCLG document Planning for the Future (12 March 2020) announcements...

Date: Thu, 12 Mar 2020
Annual Planning Seminar highlights - Part 1
No5 Barristers’ Chambers Planning Group is hosting its flagship conference on Monday, March 30, at The ICC in Birmingham...

Date: Fri, 06 Mar 2020
No5 Barristers successful in resisting Court of Appeal synagogue challenge
Chris Young QC and Howard Leithead have successfully resisted a challenge to a decision to grant planning permission by Brighton & Hove City Council...

Date: Mon, 02 Mar 2020
What is the hidden impact of the menopause at the Bar?
Could menopause be impacting on the poor rates of retention of women at senior levels?...

Date: Fri, 28 Feb 2020
Planning Appeal Decision: Top 5 Lessons
Appeal Decision: Land at Clavering Walk, Cooden, Bexhill-on-Sea...

Date: Mon, 17 Feb 2020
Court of Appeal provides guidance on “borough-wide” injunctions
Bromley LBC v Persons Unknown [2020] EWCA Civ 12...

Date: Wed, 12 Feb 2020
No5 Barristers’ Chambers hosts Annual Planning Seminar in Birmingham
Legal planning experts will put the spotlight on the challenges of housing supply and demand at No5's Annual Planning Seminar to be held in Birmingham next month....

Date: Wed, 12 Feb 2020
No5 barrister launches debut book which gives insight on social mobility
A planning expert from No5 Barristers’ Chambers will launch his debut book in March in which he uses his own life experience to reflect on modern Britain, social mobility and the challenges that still face children from deprived areas....

Date: Mon, 10 Feb 2020
Guidance on the court’s approach to challenges to planning permissions for quarrying in green belt (Haden v Shropshire Council)
Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt...

Date: Thu, 23 Jan 2020
Two counsel from No5 Barristers’ Chambers to be appointed Queen’s Counsel
Two barristers from No5 Barristers’ Chambers, the UK’s largest set of chambers, are to be appointed to Her Majesty’s Queen’s Counsel by the Lord Chancellor at a ceremony taking place at Westminster Hall on Monday 16th March....

Date: Thu, 16 Jan 2020
Merry Christmas and Christmas opening hours
Christmas opening hours...

Date: Tue, 17 Dec 2019
Maternity Leave and Merry Christmas from Leanne Buckley-Thomson
Leanne Buckley-Thomson writes about being a mother, her passion for her job & on returning to work...

Date: Tue, 17 Dec 2019
No5 Barristers' Chambers ranked in leading guide
No5 Barristers' Chambers ranked in leading Chambers UK 2020 Guide...

Date: Sun, 13 Oct 2019
Design – a renewed emphasis
By Richard Kimblin QC and Peter Goatley...

Date: Tue, 01 Oct 2019
Annual legal rankings once again hail No5 Barristers’ Chambers as one of the best
No5 Barristers’ Chambers has once again confirmed its standing as one of the leading sets of barristers in the country in the annual Legal 500....

Date: Mon, 30 Sep 2019
When Two Become One: Wingfield v Canterbury City Council & HNC Developments LLP
When should two developments be treated as one for the purposes of the Environmental Impact Assessment Regulations 2017 (“the EIA Regulations”)?...

Date: Fri, 13 Sep 2019
Memorial cricket tournament scores cash for national charity
Two cricket tournaments staged by No5 Barristers’ Chambers in memory of a late member have raised a total of £3,375 for the national charity of the Bar – Advocate....

Date: Thu, 08 Aug 2019
Battle over an airfield; housing, heritage, conservation and more
A Planning Inspector recently delivered a long-awaited decision following an appeal under Section 78 of the Town and Country Planning Act 1990....

Date: Thu, 08 Aug 2019
People Over Wind confirmed by Court in recent Judgment
The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act...

Date: Wed, 07 Aug 2019
What do you do when you've been granted planning permission by administrative error?
In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council...

Date: Wed, 07 Aug 2019
Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing delivery
Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging....

Date: Tue, 06 Aug 2019
Costs in statutory/judicial reviews where the claim fails at the permission stage (Campaign to Protect Rural England—Kent Branch v SSCLG)
Planning analysis: In refusing permission to apply for statutory review, the Court of Appeal held that there was no limit to the number...

Date: Mon, 05 Aug 2019
Secretary of State allows appeal for 800 new homes on Greenfield Windfall Site
In his parting shot, James Brokenshire allowed an appeal for 800 new...

Date: Fri, 26 Jul 2019
No5 Planning Barristers to appear in the first Supreme Court case in Wales today
No5 Planning Barristers to appear in the first Supreme Court case in Wales today...

Date: Mon, 22 Jul 2019
Christopher Young QC acts to secure permission for a new private school and sports academy
Christopher Young QC advised and presented the case for the Rushmoor and St Andrews Schools...

Date: Mon, 15 Jul 2019
A Short Practical Guide to Section 73 Town and Country Planning Act and Lambeth LBC
Supreme Court cases on town and country planning are obviously important. Or are they?...

Date: Wed, 10 Jul 2019
How to demonstrate very special circumstances for new housing developments in the Green Belt
Chris Young examines an Housing Appeal allowed with very special circumstances...

Date: Tue, 09 Jul 2019
The rocky route to compensation
When a single pipeline is laid under another’s land the standard industry approach is to...

Date: Fri, 28 Jun 2019
Legal Update: Section 73 Applications
In this legal update, Leanne Buckley-Thomson considers section 73 applications exploring recent...

Date: Thu, 20 Jun 2019
From Heathrow to Newport – Legal Complexity in Consenting Major Schemes
The Westminster government’s plans for a new runway at Heathrow have received a green light...

Date: Tue, 18 Jun 2019
Secretary of State appeal decision on new NPPF quashed
Dove J has quashed the Secretary of State’s decision to refuse permission for 203 dwellings...

Date: Fri, 14 Jun 2019
No5 Barristers’ Chambers recognised for best practice in wellbeing
No5 Barristers’ Chambers has been officially recognised for the mutual support its barristers and staff provide to ensure their continued wellbeing....

Date: Fri, 07 Jun 2019
The interaction between planning and other regulatory controls - R(Squire) v Shropshire Council
The NPPF at paragraph 42 recognises that “other consenting bodies” have a part to play in...

Date: Thu, 30 May 2019
Appointments to the Attorney General's civil panel counsel 2019
Appointments to the Attorney General's civil panel counsel for 2019....

Date: Wed, 08 May 2019
James Corbet Burcher appears in Successful Planning Appeal for 60-bed Care Home
Permission has been granted on s78 appeal for a 60 bed care home (Use Class C2) in Hartley Wintney, within Hart District Council: APP/N1730/W/18/3203638...

Date: Tue, 09 Apr 2019
James Corbet Burcher examines PlanTech at the No5 Annual Planning Seminar
James Corbet Burcher examines PlanTech at the No5 Annual Planning Seminar...

Date: Wed, 03 Apr 2019
Kingston top of the tree as barristers at No5 secure strong showing in the Annual Planning Law Survey
Barristers at No5 have once again made a strong showing in Planning Resource’s Annual Planning Law Survey...

Date: Fri, 29 Mar 2019
Planning inquiry proposals in the spotlight as barristers address 300 delegates
Around 300 experts were given key advice on how a planning inquiry shake-up may affect them in an annual seminar hosted by a leading barristers’ chambers....

Date: Wed, 27 Mar 2019
Court of Appeal upholds stays of improper planning prosecutions
Court of Appeal upholds stays of improper planning prosecutions...

Date: Mon, 04 Mar 2019
The Planning Post: They're here! NPPF 2019 and updated PPG land
On 19th February 2019 the Government published its updates to the revised National Planning Policy Framework ("NPPF”) for England, giving us NPPF 2019. The revised NPPF (or NPPF 2018) replaced the initial NPPF (NPPF 2012), which was published on 27th March 2012....

Date: Tue, 26 Feb 2019
Planning inquiry expert to speak at No5’s annual seminar
A planning expert will give advice on how to prepare for planning inquiries at No5 Barristers’ Chambers’ leading seminar....

Date: Tue, 19 Feb 2019
Hashi Mohamed successful in getting Inspector’s decision quashed
The High Court last week quashed a decision by a Planning Inspector involving an important case considering the Regulations on the Community Infrastructure Levy ("CIL Regulations”)....

Date: Mon, 21 Jan 2019
No5 enforces their POCA expertise
No5 enforces their POCA expertise...

Date: Mon, 07 Jan 2019
Thea Osmund-Smith successful in High Court
Thea Osmund-Smith successful in High Court...

Date: Thu, 06 Dec 2018
Challenge to Gypsy site fails
Challenge to Gypsy Site Fails...

Date: Tue, 09 Oct 2018
Rosewell Review: Improving the Planning Appeal Inquries Process - Call of Evidence
Response from Christopher Young QC, No5 Barristers' Chambers...

Date: Thu, 13 Sep 2018
Leanne Buckley-Thomson plays important role in Royal Town Planning Institute initiative
Leanne Buckley-Thomson plays important role in Royal Town Planning Institute initiative...

Date: Wed, 12 Sep 2018
Jack Smyth appointed as a Drainage Member of the Agricultural Land Tribunal of Wales
Planning and Environment expert Jack Smyth of No5 Barristers’ Chambers has been appointed as a Drainage Member of the Agricultural Land Tribunal of Wales....

Date: Wed, 15 Aug 2018
Legal Viewpoint: Framework offers clarification, simplification and focus on homes delivery
Three of the main issues the revised National Planning Policy Framework (NPPF), published on Tuesday...

Date: Sun, 29 Jul 2018
Not NPPF2: A case about prior approval applications and appeals
Download this publication here: http://www.no5.com/cms/documents/Not%20NPPF2.pdf Link to judg...

Date: Wed, 25 Jul 2018
Japanese Knotweed and Private Nuisance - Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514
Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 Court of Appeal clarifies that, w...

Date: Sun, 15 Jul 2018
Barristers provide local authorities with planning advice and updates
Barristers provide local authorities with planning advice and updates...

Date: Thu, 05 Jul 2018
Valued Landscapes – A Legal Perspective
Valued Landscapes – A Legal Perspective...

Date: Tue, 03 Jul 2018
Planning permission quashed due to failure to apply public sector equality duty
Planning permission quashed due to failure to apply public sector equality duty...

Date: Tue, 03 Jul 2018
‘Valued Landscape’ – not a ‘restrictive policy’
On 9th June the High Court settled this long-running conundrum by sealing a consent order in which t...

Date: Thu, 14 Jun 2018
Scott Stemp and Hashi Mohamed in landmark ruling on planning application fees
Scott Stemp and Hashi Mohamed in landmark ruling on planning application fees...

Date: Thu, 14 Jun 2018
Richard Humphreys QC represents couple in the High Court
The Respondents were represented by Scott Stemp in the Magistrates Court; and by Richard Humphreys QC in the High Court. Case Number: CO/5519/2017...

Date: Wed, 06 Jun 2018
Leanne Buckley-Thomson and commercial law firm Thrings secure High Court halt to care home expansion
Leanne Buckley-Thomson and commercial law firm Thrings secure High Court halt to care home expansion...

Date: Fri, 01 Jun 2018
Recent Case Concerning Habitats Directive
Those promoting and determining development proposals in the area of influence of sites protected un...

Date: Tue, 08 May 2018
NPPF Consultation: Housing delivery test - powerful tool or chocolate teapot?
Question 12 of the consultation on the revised NPPF asks “Do you agree with the applicati...

Date: Mon, 07 May 2018
Judicial Review of Written Ministerial Statement on Neighbourhood Plans overtaken by revised NPPF
The Judicial Review of the Written Ministerial Statement ("WMS") on Neighbourhood Developm...

Date: Mon, 09 Apr 2018
Legal Viewpoint: How revised framework has been shaped by litigation
The interpretation of the National Planning Policy Framework (NPPF) has been subject to some very...

Date: Wed, 04 Apr 2018
Record attendance at No5 planning seminar
Record attendance at No5 planning seminar ...

Date: Thu, 29 Mar 2018
Barristers at No5 secure strong showing in the Annual Planning Law Survey
BARRISTERS AT NO5 SECURE STRONG SHOWING IN THE ANNUAL PLANNING LAW SURVEY...

Date: Fri, 23 Mar 2018
NPPF Revisions – Spin v Reality
On Monday 5 March 2018 draft revisions to the NPPF were published. The previous day the Secretary ...

Date: Sun, 04 Mar 2018
UKELA Moot winners secure mini-pupillages with No5
UKELA Moot winners secure mini-pupillage and internship with No5...

Date: Thu, 01 Mar 2018
Appointment to the Attorney General's Panel of Counsel
Thea Osmund-Smith has been appointed the Attorney General’s C Panel of Counsel. The appointment will commence on 1st March....

Date: Tue, 06 Feb 2018
Richard Humphreys QC successful in resisting 2 residential development proposals in Wiltshire
Richard Humphreys QC acted for Wiltshire Council in both appeals....

Date: Thu, 21 Dec 2017
Planning for Infrastructure in Wales
Devolution of power: the impacts of devolution on the delivery of new infrastructure...

Date: Tue, 17 Oct 2017
Supreme Court: The Richborough/Suffolk Coastal Judgment
Supreme Court: The Richborough/ Suffolk Coastal Judgment  What the case means for the developm...

Date: Tue, 09 May 2017
Richborough Estates win their case in the Supreme Court - but Cheshire East correct on the critical NPPF interpretation point
The Supreme Court has today (10 May 2017) given judgment in the Cheshire East / Suffolk Coastal case...

Date: Tue, 09 May 2017
Bloor Homes (Wilmslow) Ltd v HCA – Supreme Court – 22 February 2017
On the 22 February 2017 the Supreme Court judgment in the case; Bloor Homes (Wilmslow) Ltd v HCA, was handed down....

Date: Thu, 23 Feb 2017
High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development
Hibbitt v Secretary of State for Communities and Local Government [2016] EWHC 2853. The High Cour...

Date: Thu, 17 Nov 2016
Sustainable Development: Does the NPPF Paragraph 14 ensure that future generations can meet their own needs?
The Journal of Planning Law has just published (issue 8) an article written by Richard Humphreys QC:...

Date: Sun, 17 Jul 2016
Discrimination in the Provision of Services and Public Functions
Tim Jones barrister at No5 Chambers, recently co-presented a seminar...

Date: Sun, 20 Sep 2015