Landmark Chambers

𝗣𝘂𝗯𝗹𝗶𝗰 𝗛𝗲𝗮𝗿𝗶𝗻𝗴𝘀 𝗶𝗻 𝗕𝘂𝗰𝗸𝗶𝗻𝗴𝗵𝗮𝗺𝘀𝗵𝗶𝗿𝗲 “𝗚𝗿𝗲𝘆 𝗕𝗲𝗹𝘁” 𝗜𝗻𝗾𝘂𝗶𝗿𝘆 𝗘𝗻𝗱 On Thursday 30 January 2025, the public hearings in the Wilton Park inquiry came to an end. This is among the first planning appeals to test the revised NPPF (2024) in the context of major development in the Green Belt. It considered the proper application of Grey Belt policy (paragraph 155) and the Golden Rules (paragraph 156), which introduce new requirements for housing schemes in the Green Belt. The appeal concerns a proposal by Beechcroft Developments for 95 assisted living units and a 75-bed care home at Wilton Park in Beaconsfield. The scheme was promoted on the basis that it complied with: (i) the PDL exception (para154(g)) and/or (ii) the Grey Belt exception and/or, alternatively, the very special circumstances test. The inquiry examined issues relating to Green Belt purposes and openness, landscape impact, design, amenity and compliance with the new Golden Rules covering affordable housing and green space. The decision is awaited. Joel Semakula (led by Charlie Banner (Lord Banner KC)) appeared for Beechcroft Developments. Nick Grant appeared for Buckinghamshire Council. https://bit.ly/40RSJrL #Inquiry #Planninglaw #GreyBelt

𝗥 𝗼𝘁𝗮 𝗗𝗮𝘆 𝘃. 𝗦𝗵𝗿𝗼𝗽𝘀𝗵𝗶𝗿𝗲 𝗖𝗼𝘂𝗻𝗰𝗶𝗹 [𝟮𝟬𝟮𝟯] 𝗨𝗞𝗦𝗖 𝟴; [𝟮𝟬𝟮𝟯] 𝗔𝗖 𝟵𝟱𝟱 - 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗖𝗮𝘀𝗲 𝗟𝗮𝘄 𝗨𝗽𝗱𝗮𝘁𝗲 Tim Morshead, KC of Landmark Chambers explores the Supreme Court’s decision in R ota Day v. Shropshire Council through the perspective of some reservations raised by Lord Briggs about un-argued points in a later decision - Armstead v. Royal & Sun Alliance Ins Co Ltd [2024] UKSC 6; [2024] 2 WLR 632. Watch the video on Landmark Chambers' YouTube Channel via the link below: https://bit.ly/3Ehclg8 #SupremeCourt #PropertyLaw

Landmark Chambers’ Nick Grant will be delivering a talk entitled 'What do recent judicial reviews mean for future projects?' on the second day of the Nationally Significant Infrastructure Projects Forum 2025. Speakers will cover the latest policy updates and review the progress with plans to speed up the process. For more information on the forum, including booking your place, please click here - https://bit.ly/4hvTe08 📆 Wednesday 26 February – Thursday 27 February 2025 🕓 8.45am – 6.30pm 📍 Royal National Hotel, 38-51 Bedford Way, London WC1H 0DG #Infrastructure #Infrastructureprojects #Property #NSIP

📖 𝙉𝙚𝙬 𝙋𝙪𝙗𝙡𝙞𝙘 𝙖𝙣𝙙 𝘼𝙙𝙢𝙞𝙣𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙫𝙚 𝙇𝙖𝙬 𝙗𝙡𝙤𝙜 📖 𝗣𝗿𝗶𝘃𝘆 𝗖𝗼𝘂𝗻𝗰𝗶𝗹 𝗶𝗺𝗽𝗹𝗶𝗲𝘀 𝗱𝗲𝗳𝗲𝗻𝗱𝗮𝗻𝘁𝘀 𝗶𝗻 𝗷𝘂𝗱𝗶𝗰𝗶𝗮𝗹 𝗿𝗲𝘃𝗶𝗲𝘄 𝗽𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀 𝘀𝗵𝗼𝘂𝗹𝗱 𝗰𝗼𝗻𝗰𝗲𝗱𝗲 𝗴𝗿𝗮𝗻𝘁𝘀 𝗼𝗳 𝗽𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝗶𝗳 𝘁𝗵𝗲𝘆 𝗱𝗼 𝗻𝗼𝘁 𝗵𝗮𝘃𝗲 𝗮 “𝗰𝗹𝗲𝗮𝗿 𝗸𝗻𝗼𝗰𝗸𝗼𝘂𝘁 𝗯𝗹𝗼𝘄” In this blog, Charles Bishop reviews the recent Privy Council judgment in Jaiwantie Ramdass v Minister of Finance (Trinidad and Tobago) [2025] UKPC 4, a rare decision from the members of the highest court considering the legal test applicable for permission to apply for judicial review. . . . This blog was written by Charles Bishop. To read the full blog post on our website, please visit the following link -https://bit.ly/3WxUS9h To subscribe to our Public and Administrative Law Insight to receive blog posts sent straight to your inbox, visit our website - https://bit.ly/3SUxNLz #PublicAndAdministrativeLawBlog #Blog

We are delighted to share Landmark's Julia Smyth is featured in Legal Business Magazine's latest piece on, 'The silk class of 2025: ten names to note'! 🎉 This recognises Julia's extensive practice and notable Public and Administrative Law work. 🔗To read the full piece, use the following link - https://bit.ly/42A1cRE 🔗 For more information on Julia, please visit her website profile here - https://bit.ly/3PVSR3d

𝗔𝗹𝗲𝘅 𝗚𝗼𝗼𝗱𝗺𝗮𝗻 𝗞𝗖 𝗶𝗻𝘁𝗲𝗿𝘃𝗲𝗻𝘁𝗶𝗼𝗻 𝗼𝗻 𝗯𝗲𝗵𝗮𝗹𝗳 𝗼𝗳 𝗙𝗿𝗶𝗲𝗻𝗱𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗘𝗮𝗿𝘁𝗵 𝗮𝗻𝗱 𝗚𝗿𝗲𝗲𝗻𝗽𝗲𝗮𝗰𝗲 Today the Court of Appeal is hearing an important test case about sentencing of environmental protesters. Alex Goodman KC is instructed by Friends of the Earth and Greenpeace. Their intervention addresses the value the common law places on conscientious motivation, the role of articles 10 and 11 ECHR in sentencing, and the Aarhus Convention. The appeals are the only known examples of punishment of peaceful protesters in which no reduction in sentence was made for the conscientious motivation of the protesters. The intervention concerns five appeals on convictions related to a plan to scale the gantries on the M25. Three of the Appellants did not participate in any protest, but were involved in a Zoom call at which the protest was planned and each received four-year sentences for conspiracy to intentionally cause Public Nuisance contrary to Section 78 of the Police, Crime, Sentencing and Courts Act 2022. The Appellants include Roger Hallam who was handed the longest ever sentence for peaceful protest (five years) 𝗝𝘂𝘀𝘁 𝗦𝘁𝗼𝗽 𝗢𝗶𝗹 𝗳𝗼𝘂𝗻𝗱𝗲𝗿 𝗥𝗼𝗴𝗲𝗿 𝗛𝗮𝗹𝗹𝗮𝗺 𝗵𝗮𝗻𝗱𝗲𝗱 𝗹𝗼𝗻𝗴𝗲𝘀𝘁-𝗲𝘃𝗲𝗿 𝗷𝗮𝗶𝗹 𝘀𝗲𝗻𝘁𝗲𝗻𝗰𝗲 𝗳𝗼𝗿 𝗽𝗲𝗮𝗰𝗲𝗳𝘂𝗹 𝗽𝗿𝗼𝘁𝗲𝘀𝘁 𝗼𝘃𝗲𝗿 𝗠𝟮𝟱 𝗰𝗵𝗮𝗼𝘀 | 𝗧𝗵𝗲 𝗦𝘁𝗮𝗻𝗱𝗮𝗿𝗱 (https://bit.ly/3PW53Ba) and Gaie Delap who , aged 78, could not be fitted with a tag 𝗝𝗦𝗢 𝗽𝗿𝗼𝘁𝗲𝘀𝘁𝗲𝗿, 𝟳𝟴, 𝘁𝗼 𝘀𝗲𝗿𝘃𝗲 𝗲𝘅𝘁𝗿𝗮 𝗷𝗮𝗶𝗹 𝘁𝗶𝗺𝗲 𝗮𝘀 𝘁𝗮𝗴 𝗱𝗼𝗲𝘀𝗻'𝘁 𝗳𝗶𝘁 𝗵𝗲𝗿 (https://bit.ly/4hb20RB).

𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿 𝗦𝘂𝗰𝗰𝗲𝘀𝘀𝗳𝘂𝗹𝗹𝘆 𝗥𝗲𝘀𝗶𝘀𝘁𝘀 𝗗𝗲𝗺𝗼𝗹𝗶𝘁𝗶𝗼𝗻 𝗼𝗳 𝗙𝗼𝘂𝗿 𝗟𝗼𝗻𝗱𝗼𝗻 𝗛𝗼𝗺𝗲𝘀 On Friday 24 January 2025, four London homes were spared from demolition following the successful outcome of five conjoined appeals. The case involved challenges to four enforcement notices issued by the London Borough of Barnet and a fifth appeal against a refusal of a retrospective section 73 application. The enforcement appeals addressed claims that the as-built homes deviated from approved plans, including increased roof heights and additional dormer windows and rooflights. The notices required their demolition. In his decision, the Secretary of State’s Inspector found the as-built development to be acceptable, concluding it did not harm the character or appearance of the area or the living conditions of future and neighbouring occupiers. He also found it complied with local policy. As a result, he granted planning permission for the as-built scheme and the enforcement notices ceased to have effect. Joel Semakula acted for the Appellant, Xstro Investments Ltd., instructed by Emily Hall of WS Planning.

On Wednesday 29 January, Landmark Chambers will host a Virtual Pupillage Open Evening. During this event, attendees will learn about Landmark’s five main areas of specialism, the structure of Pupillage and life as a Pupil at Landmark. Speakers include: Tim Morshead, KC, David Forsdick KC, Scott Lyness KC, Richard Turney KC, Andrew Byass, Hashi Mohamed, Brooke Lyne and Ashley Thompson. If you are interested in attending this virtual event and/or would like to find out more about Pupillage at Landmark, please follow the link - https://bit.ly/3QzcvSv

𝗖𝗮𝗻 𝗦𝗰𝗵𝗼𝗼𝗹 𝗣𝗹𝗮𝘆𝗶𝗻𝗴 𝗙𝗶𝗲𝗹𝗱𝘀 𝗯𝗲 𝗥𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗮𝘀 𝗮 𝗩𝗶𝗹𝗹𝗮𝗴𝗲 𝗚𝗿𝗲𝗲𝗻? Today a week-long trial begins in the High Court to determine whether the playing fields of Cotham School in Bristol were wrongly registered as a village green by Bristol City Council. The effect of the registration (against legal advice) is that local residents now have the right to be on the land for informal recreation at any time. The case concerns the interaction between modern safeguarding duties and village green rights, as well as the application of the statutory incompatibility doctrine to academy schools. Dr Ashley Bowes (instructed by Susan Ring of Goodenough Ring Solicitors) acts for the School, seeking an order to delete the land from the village green register under s.14 Commons Registration Act 1965.

Four new Silk appointments for Landmark Chambers – record year! Landmark is delighted to congratulate Julia Smyth, Sasha B., Simon Allison, and Zack Simons who will be appointed as King’s Counsel in the Spring. Extra celebrations are in order this year as this is a record number of Silks appointed in one round for Landmark. Julia Smyth (1996 Call) practices in public law and is an EU and ECHR specialist. She was named Human Rights and Public Law Junior of the Year at the Chambers UK Bar Awards 2022 and Immigration Junior of the Year at the Legal 500 Awards 2024. Julia returned to self-employed practice in 2012, following a successful career as a senior government lawyer. Julia has particular expertise in EU and Withdrawal Agreement law, human rights and civil liberties, social security, health, immigration and free movement law, as well as experience in a broad range of other areas. Sasha B. (2005 Call) specialises in public, environmental, and planning law. She has a particular expertise in rights-based cases at the cross-section between the environment and public law and has deep experience in a wide range of public law issues including net zero pathways, energy infrastructure, marine law and fisheries, water law, education, gender rights, immigration and health. She appears in the High Court, Court of Appeal and Supreme Court as well as at public inquiries and hearings and international matters. Reflecting her long standing interests and global outlook, she also has a Masters degree in sustainable development, spent time on a Pegasus scholarship in Australia and New Zealand examining their system of environmental and planning courts, studied in the United States on a Kennedy Memorial Fellowship, and has also been a Trustee and Director of Forum for the Future and has been a Trustee and Director of UKELA as a member of the Governing Council. Simon Allison (2005 Call) is a specialist property practitioner. Whilst he undertakes a wide range of property work, he is particularly recognised as a specialist in leasehold management, including building safety and service charges. He has appeared in a number of the leading cases in this area including twice in the Supreme Court in recent years. Simon won both Property and Housing Junior Barrister of the Year in the Legal 500 Awards 2024 and Real Estate Junior Barrister of the Year in the Chambers UK Bar Awards 2024. He was also shortlisted for Barrister of the Year at the ERMAs Awards 2022. Zack Simons (2009 Call) was the top-rated junior planning barrister in the country (Planning Magazine Legal Surveys 2021, 2022, 2023 and 2024). He was nominated for Environment and Planning Junior Barrister of the Year in the Chambers and Partners Bar Awards 2024, as well as for Planning and Land Use Junior Barrister of the Year in the Legal 500 Bar Awards in both 2022 and 2024. He is a Tier 1 ranked “leading junior” in planning law in both Legal 500 and Chambers and Partners.