Recent Administrative law cases 2010/2011
Coedbach Action Team Ltd v Secretary of State for Energy and Climate Change [2011] 1 Costs L.R. 70 & [2010] EWCA Civ 1494. John acted for Helius Energy (the holder of a s.36 consent for the construction/operation of a biomass power station) in judicial review proceedings. Issues related to the application of the environmental impact assessment regulations. A further significant issue was whether the claimants should be entitled to a protective costs order following the decision in Garner.
R. (on the application of Mageean) v Secretary of State for Communities and Local Government [2011] Env. L.R. 9. John acted for the Secretary of State in a statutory challenge to the grant of a planning permission for a wind turbine. The principal issue related to whether the Secretary of State should have re-considered an earlier screening decision that the development was not EIA development following the designation of a World Heritage Site. The case is currently on appeal.
Recent Planning work (Major Inquiries) 2010/2011
10 week public inquiry into a proposed new motorway service area on the A1 in Yorkshire between October 2010 and January 2011. John acted for one of the 4 applicants seeking permission for a new MSA. Issues included need and the environmental impacts of the competing schemes. The Secretary of State’s decision is expected in February 2012.
Recent Other cases
Wooldridge v Torridge District Council [2011] EWHC 1238. John acted for Torridge District Council in relation to a claim for misfeasance in public office and negligence against the council arising out of the council’s failure to attach summary reasons for the grant of a planning permission.
back to practice summaryJohn Litton was awarded an LLB (2:1) from Southampton University (1988). Initially appointed to the “B” of Treasury Counsel in 1999, he was appointed to the “A” in 2004 and re-appointed to that Panel in 2009 until he took silk in 2010. He served for 6 years (2000 – 2006) as the Treasurer of the Planning and Environmental Bar Association.
21 Mar 2012
Judicial review concerning whether, for an unauthorised use of land to become lawful through expiry of time, it is necessary to show that the same use has subsisted over the relevant 10 year period or merely that the same use class has subsisted over that period.
01 May 2010
Section 288 Town and Country Planning Act 2010
01 Jan 2010
Section 288 Town and Country Planning Act 1990
20 May 2009
S113 Planning and Complusory Act 2004. Challenge to the East of England Plan. Issues related to the strategic environmental assessment and proper approach to alternatives
07 Apr 2009
Judicial review of the SoS decision not ‘save’ a local plan policy under the transitional provisions in the Planning and Compulsory Act 2004
07 Apr 2009
s288 Town and Country Planning Act 1990. Challenge to refusal of planning permission for windfarm. Issues included impact on settingof listed buildings
16 Mar 2009
John Litton appears in a Judicial Review of decisions by the Director of Lands to grant short-term waivers
12 Dec 2008
s23 Acquisition of Land Act 1981. Challenge to compulsory purchase order. Issues included procedural unfairness and Human Rights (Art 8 & Art 1 of the First Protocol)
01 Jan 2007
01 Jan 2007
29 Jun 2006
John Litton appears in an appeal concerning the assessment of Government rent
30 Mar 2006
17 Jan 2006
John Litton appears in a Judicial Review relating to the cancellation of the holding over of payment of government rent
01 Jan 2005
15 Jun 2004
04 Feb 2004
17 Jul 2003
02 Jul 2003
18 Mar 2003
09 May 2002
18 Apr 2002
17 Apr 2002
10 Apr 2002
07 Mar 2002
26 Feb 2002
09 Nov 2001
12 Oct 2001
12 Jun 2001
31 Jan 2001
01 Jan 2001
01 Jan 2001
01 Jan 2001
20 Nov 2000
13 Sep 2000
28 Jul 2000
28 Mar 2000
21 Dec 1999
17 Dec 1999
02 Nov 1999
09 Sep 1999
06 May 1999
11 Nov 1998
03 Nov 1998
23 May 1997
01 Jan 1997
02 Nov 2010
Three month inquiry into the need for, and location of, a new Motorway Service Area on the A1(M) in North Yorkshire.
01 Jan 2009
01 Jun 2008
01 Jan 2008
01 Jan 2008
01 Dec 2007
01 Oct 2007
01 Jan 2007
01 Jul 2006
01 Jan 2006
01 Jan 2005
18 Apr 2012
This paper discusses how the NPPF affects house builders and developers in the U.K. and European markets.
01 Jan 2009
