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Anjoli Foster

Call: 2014
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Practice Summary

Anjoli is consistently ranked as one of the top junior planning barristers in the country, including being listed in the top 4 planning juniors under 35 in the Planning Magazine Law Survey 2021. She has also been appointed to the Government’s C Panel of Counsel.

Anjoli’s practice focuses on all aspects of planning and environmental law, including housing, commercial and retail, infrastructure, energy, compulsory purchase and enforcement work. She frequently appears in planning appeals and in the Planning Court. Her clients include a range of national and regional housebuilders and land promoters, central Government, local planning authorities, and environmental groups.

Some of the recent high-profile cases Anjoli has been instructed on include:

  • Use Class E and new permitted development rights: instructed by the Government to defend the widely-discussed legal challenge to the amendments to the General Permitted Development Order and the Use Classes Order, which introduced new permitted development rights to build upwards and the new Use Class E.
  • Holocaust Memorial, Westminster: represented the Government in a legal challenge to the decision-making on the “called in” planning application for the UK Holocaust Memorial in Victoria Tower Gardens.
  • Brighton Marina: acted in the public inquiry into the proposed development of 1,000 residential units at the Brighton Marina, consisting of nine buildings ranging from 8 storeys to 28 storeys in height. The decision has been called-in by the Secretary of State.
  • Nine Mile Ride, Wokingham: appeared in this public inquiry which was the first appeal to assess the effect of Covid-19 on housing land supply. This is listed as one of the top 10 appeal decisions of 2020 by Planning Magazine.
  • Energy National Policy Statements: acted in the climate change challenge to the Government’s review of the National Policy Statements which determine how decisions are made on proposals for large fossil fuel development.
  • Great Wolf Water Park, Bicester: acted in this significant three-week public inquiry concerning proposals for the country’s largest water park. Due to public interest this inquiry was streamed live on YouTube, receiving over 1,000 viewers per day.      
  • Kennington, Lambeth: promoted over 250 residential units, including a 29-storey tower, in central London, on behalf of the developer at a planning inquiry.
  • Hillthorn Farm, Sunderland: appeared at an inquiry involving proposals for a gasification plant, which resulted in over 10,000 objections from local residents and was commented on in Prime Minister’s Questions in February 2020.
  • Mornings Mill Farm, Wealden: represented the developer in an inquiry promoting proposals for comprehensive development including 700 houses, 8,600 sqm of employment floorspace, a medical centre and a school.
  • Eye, Mid Suffolk: represented the local planning authority in an inquiry for a scheme of 126 houses in the countryside, notable for the Inspector’s conclusions on conflict with an emerging Neighbourhood Plan.
  • Haughley Park, Mid Suffolk: acted on behalf of the owner of the Grade I listed Haughley Park house and grounds, concerning the ‘agent of change’ principle and the effect of future development on the existing wedding and music festival business.
  • Imperial House, Windsor and Maidenhead: promoted a major mixed-use scheme, including over 200 residential units and 16,389 sqm of office floorspace in a planning inquiry.
  • Cross examination of Planning Inspectors: represented the developer in a rare legal case where the High Court was successfully persuaded to require a Planning Inspector to be cross-examined in relation to decisions taken at a planning appeal.

In her spare time Anjoli is an active tennis player, representing her county of Warwickshire, as well as the All England Lawn Tennis Club and Cumberland Lawn Tennis Club.

Prior to joining Landmark Chambers, Anjoli was a Law Scholar at Keble College, Oxford University. She graduated with a first-class degree, and went on to obtain a distinction in the Bachelor of Civil Law also at Keble College, Oxford. She also spent a year working at the Law Commission.

Planning and Environmental Law

Anjoli is consistently ranked as one of the top junior planning barristers in the country, including being listed in the top 4 planning juniors under 35 in the Planning Magazine Law Survey 2021. She has also been appointed to the Government’s C Panel of Counsel.

Anjoli’s practice focuses on all aspects of planning and environmental law, including housing, commercial and retail, infrastructure, energy, compulsory purchase and enforcement work. She frequently appears in planning appeals and in the Planning Court. Her clients include a range of national and regional housebuilders and land promoters, central Government, local planning authorities, and environmental groups.

Some of the recent high-profile cases Anjoli has been instructed on include:

  • Use Class E and new permitted development rights: instructed by the Government to defend the widely-discussed legal challenge to the amendments to the General Permitted Development Order and the Use Classes Order, which introduced new permitted development rights to build upwards and the new Use Class E.
  • Holocaust Memorial, Westminster: represented the Government in a legal challenge to the decision-making on the “called in” planning application for the UK Holocaust Memorial in Victoria Tower Gardens.
  • Brighton Marina: acted in the public inquiry into the proposed development of 1,000 residential units at the Brighton Marina, consisting of nine buildings ranging from 8 storeys to 28 storeys in height. The decision has been called-in by the Secretary of State.
  • Nine Mile Ride, Wokingham: appeared in this public inquiry which was the first appeal to assess the effect of Covid-19 on housing land supply. This is listed as one of the top 10 appeal decisions of 2020 by Planning Magazine.
  • Energy National Policy Statements: acted in the climate change challenge to the Government’s review of the National Policy Statements which determine how decisions are made on proposals for large fossil fuel development.
  • Great Wolf Water Park, Bicester: acted in this significant three-week public inquiry concerning proposals for the country’s largest water park. Due to public interest this inquiry was streamed live on YouTube, receiving over 1,000 viewers per day.      
  • Kennington, Lambeth: promoted over 250 residential units, including a 29-storey tower, in central London, on behalf of the developer at a planning inquiry.
  • Hillthorn Farm, Sunderland: appeared at an inquiry involving proposals for a gasification plant, which resulted in over 10,000 objections from local residents and was commented on in Prime Minister’s Questions in February 2020.
  • Mornings Mill Farm, Wealden: represented the developer in an inquiry promoting proposals for comprehensive development including 700 houses, 8,600 sqm of employment floorspace, a medical centre and a school.
  • Eye, Mid Suffolk: represented the local planning authority in an inquiry for a scheme of 126 houses in the countryside, notable for the Inspector’s conclusions on conflict with an emerging Neighbourhood Plan.
  • Haughley Park, Mid Suffolk: acted on behalf of the owner of the Grade I listed Haughley Park house and grounds, concerning the ‘agent of change’ principle and the effect of future development on the existing wedding and music festival business.
  • Imperial House, Windsor and Maidenhead: promoted a major mixed-use scheme, including over 200 residential units and 16,389 sqm of office floorspace in a planning inquiry.
  • Cross examination of Planning Inspectors: represented the developer in a rare legal case where the High Court was successfully persuaded to require a Planning Inspector to be cross-examined in relation to decisions taken at a planning appeal.

In her spare time Anjoli is an active tennis player, representing her county of Warwickshire, as well as the All England Lawn Tennis Club and Cumberland Lawn Tennis Club.

Prior to joining Landmark Chambers, Anjoli was a Law Scholar at Keble College, Oxford University. She graduated with a first-class degree, and went on to obtain a distinction in the Bachelor of Civil Law also at Keble College, Oxford. She also spent a year working at the Law Commission.

Qualifications

  • University of Law, Birmingham – Bar Professional Training Course (Outstanding)
  • Keble College, Oxford – Bachelor of Civil Law (Distinction)
  • Keble College, Oxford – BA in Law (First Class)

Prizes

  • University of Law BPTC Opinion Writing and Drafting prize (for the highest mark in the opinion writing and drafting assessments)
  • Hardwicke Scholarship (Lincoln’s Inn)
  • Academic Scholar (Keble College, Oxford)

Publications

Books and Articles

  • Garner’s Environmental Law, contributor to the chapters on Air Pollution and Light Pollution
  • Relief from Sanctions and Procedural Default in the Public Law Context’, by Anjoli Foster and Miriam Seitler (published in Judicial Review, Volume 21, December 2016)
  • Research assistant to Professor Anne Davies for the textbook ‘Employment Law’ by ACL Davies (Longman Law Series, 2015)

Talks and Seminars

  • “Housing Delivery and Reform in 2018 and Beyond” – PEBA National Conference 2018, May 2018
  • “Housing: A look at recent cases” – RTPI South East “Autumn Legal Update”, October 2017
  • “Housing Policy Legal Update” – RTPI North East “Breaking down the barriers to Housing Delivery”, September 2017
  • “Making it fit: applying development standards in London” – Landmark Chambers “Planning in London” seminar, with Sasha White QC, June 2017
  • ‘Introduction to Judicial Review and the Pre-Action Process’ – Landmark Chambers seminar May 2017
  • ‘Possession Claims Against Trespassers’ – Landmark Chambers seminar, February 2017
  • ‘Enforcement: Case Law Update’ – Orbis Training and Development in West Sussex, February 2017
  • ‘Section 106 Update’ – Orbis Training and Development in West Sussex, February 2017

Inquiries

Horsham, West Sussex

29/11/2019

A high-profile 3 week public inquiry into the proposal for a “Recycling, Recovery and Renewable Energy Facility” in Horsham, West Sussex. The proposal comprised a materials recovery facility and an energy from waste facility, which included proposals for a 95-metre high flue stack.

The main issues included whether the proposal would be consistent with the aims of local and national waste management policy, the waste hierarchy, the effect on the character and appearance of the area, and the effect on public health.

:

Inquiries

Mornings Mill Far, East Sussex

31/10/2019

A public inquiry relating to proposals for comprehensive development comprising up to 700 dwellings including affordable housing, 8,600 square metres of employment floorspace, medical centre, primary school, community centre, retail and playing fields. The main issues related to whether proposals were premature in the context of an emerging local plan, effect on the integrity of the Ashdown Forest Special Area of Conservation and highways access arrangements.

:

Inquiries

Poplar Hill, Mid Suffolk

26/07/2019

Following a six-day public inquiry, a Planning Inspector has refused an outline scheme for up to 160 dwellings in the countryside adjacent to Stowmarket, Mid Suffolk.

The Inspector found that Mid Suffolk District Council could successfully demonstrate a five-year housing land supply. In doing so, he confirmed the extent to which information gathered after the cut-off date is relevant for the calculation of housing land supply:

“a site granted permission after [the cut-off date for the calculation of the housing land supply] should not, therefore, be included in the sites with permission categories within the 5YHLS. However, this does not mean that all information gathered after the cut-off date is irrelevant where, for example, this serves to confirm that assumptions made when deciding what should be in the supply were well founded.”

The Inspector also found that the proposed development would have an unacceptable impact on the character and appearance of a valued landscape, and would result in less than substantial harm to the setting of a listed building. On the basis of those adverse impacts, the Inspector decided that the appeal should be dismissed.

Anjoli Foster acted for Mid Suffolk District Council.

:

Inquiries

Surrey House, Kingston

28/06/2019

Appeal against refusal of proposals for a major mixed-use development, as part of the regeneration of Kingston town centre. The inquiry mainly examined matters of design, effects on listed buildings and a Conservation Area, and housing need.

:

Inquiries

Hurlingham Road, Hammersmith and Fulham

26/04/2019

An inquiry relating to proposals for large high-quality office space, which primarily concerned the effect on a Conservation Area and highways matters.

:

Inquiries

Former Imperial House, Windsor and Maidenhead

26/03/2019

Appeal against the refusal of permission for a residential and office scheme development, which concerned matters of townscape, transport and heritage.

:

Inquiries

Gilda Crescent, Hackney

26/02/2019

Appeal against an enforcement notice, which concerned whether there was evidence of four years of continuous residential use and thus immunity from enforcement action.

:

Inquiries

Mount Pleasant Lane, Hackney

21/02/2019

Appeal against an enforcement notice, which concerned whether there was evidence of four years of continuous residential use and thus immunity from enforcement action.

:

Inquiries

Homestead, Basildon

12/02/2019

Appeal against a refusal to grant permission for a traveller’s site, which raised issues relating to harm to the Green Belt, gypsy and traveller accommodation needs and human rights.

:

Inquiries

Scholes, Leeds

11/12/2018

A joint appeal concerning two large residential schemes in Leeds. The inquiry raised matters of housing need, prematurity and the emerging Local Plan, and transport and accessibility.

:

Inquiries

Clehonger, Hereford

27/11/2018

A Planning Inspector has dismissed an appeal by Gladman Developments Ltd against the refusal by Herefordshire Council to discharge a Grampian condition attached to a permission for a large housing development. The condition related to the impact of the development on sewerage infrastructure, and the consequential effect on water quality and nearby Sites of Special Scientific Interest (SSSI) and Special Areas of Conservation (SAC). The application to discharge the condition had been opposed by Dŵr Cymru Welsh Water (DCWW), the sewerage undertaker for the area.

The housing development had originally been granted permission on appeal by an Inspector in 2016. At this previous inquiry, the issues of the necessity for mitigation works to the sewerage infrastructure and who should fund any mitigation works, were hotly contested between the Council, DCWW and Gladman. The previous Inspector made key findings on the relationship between the right of a developer to connect to a public sewer and the ability of a sewerage undertaker to decide where to spend their funds, and importantly imposed the Grampian condition preventing the development taking place until further wastewater assessments and any necessary works to the sewerage infrastructure were carried out.

These assessments were subsequently carried out. In the recent appeal Gladman argued that these showed that no mitigation works were required, and thus the condition could be discharged and development could begin without further works needing to be funded. However, the Inspector agreed with the Council and DCWW that mitigation works were needed to avoid an unacceptable risk of harm to water quality, and to the nature conservation interests of the SSSIs/SAC, and thus refused to discharge the condition.

Anjoli Foster acted for Herefordshire Council and Dŵr Cymru Welsh Water in the recent appeal.

:

Inquiries

Lime Kiln Farm, Bath

21/11/2018

Appeal against an enforcement notice, which raised questions of previous continuous use, material changes of use and planning units.

:

Inquiries

Lygon Place, Westminster

13/11/2018

Appeal concerning retrospective permission for works carried out to a listed building in Central London. The issues at the inquiry concerned design, and heritage harm and heritage benefits.

:

Inquiries

The Cabinet Pub, North Hertfordshire

06/11/2018

A Planning Inspector has dismissed an appeal against a refusal by North Hertfordshire District Council to grant retrospective permission for a change of use of premises from a public house to a single dwelling.

The Cabinet, a Grade II listed building, had been a pub since at least 1806 but had ceased trading in recent years. The Appellant had purchased the Cabinet and converted it to a dwelling without planning permission. The Appellant’s retrospective application for a change of use, and the subsequent appeal, generated substantial local interest, including from the Save the Cabinet Action Group who objected to the application.

Following a three-day public inquiry, the Inspector found that the Appellant had failed to show that all reasonable attempts had been made to market for a pub use during a period of vacancy, and that it had not been demonstrated that use of the Cabinet as a pub was unviable. He also found that the heritage harm caused by the change of use was not outweighed by the public benefits.

Anjoli Foster represented North Hertfordshire District Council.

:

Inquiries

Land East of Orchard Avenue, Basildon

29/10/2018

Appeal against an enforcement notice relating to the development of a residential access track in the Green Belt. The issues concerned harm to openness and the application of the Green Belt policies in the National Planning Policy Framework.

:

Inquiries

Syon Park, Hounslow

09/10/2018

Appeal concerning a proposal for residential development near Syon House and Syon Park. The issues at the inquiry related to the balance of heritage benefits against heritage harm.

:

Inquiries

Cheshire West Local Plan, Minerals and Hydrocarbon session

21/08/2018

Made representations on the draft minerals and hydrocarbon policies at the Examination into the Cheshire West and Cheshire Council Local Plan (Part 2). The particular issue was whether the policies adequately addressed impacts on climate change

:

Inquiries

Alnwick, Northumberland

17/07/2018

Proposal for housing on land allocated for employment use. The main issues at the inquiry related to the provision of employment land within the district and conflict with a Neighbourhood Plan. The inquiry was adjourned for closing submissions as the new National Planning Policy Framework was published on the penultimate day of the inquiry.

:

Inquiries

Kesgrave, Suffolk

26/06/2018

Re-hearing of an appeal relating to a development proposal for large housing scheme. The original refusal by an Inspector had been quashed by the High Court. The inquiry related to the settlement hierarchy and sustainability of the location.

:

Inquiries

Racecourse Plantations, Norwich

22/05/2018

Appeal against the refusal of permission for 300 homes and a Community Woodland Park. The main issues at the inquiry were whether there was ecological harm and whether there was compliance with the development plan.

:

Inquiries

Maybrey Works, Bromley

09/05/2018

Proposal for a mixed residential and commercial scheme on land allocated for employment use only. Issues at the inquiry involved the extent of need for employment land, protection of Metropolitan Open Land and five-year housing land supply. The Inspector allowed the appeal.

:

Inquiries

Watlington Road, Oxfordshire

20/02/2018

Appeal against the refusal of an application for 120 dwellings on a greenfield site. The inquiry concerned housing land supply, loss of agricultural land and conflict with a Neighbourhood Plan. The Inspector recommended that the appeal be allowed, but the Secretary of State recovered the appeal and disagreed with the Inspector’s conclusions.

:

Inquiries

Bonhill Lane, Bath

06/02/2018

A joint appeal against a refusal of a certificate of lawful use and the issue of an enforcement notice, relating to the development of a touring caravan park in the Green Belt. Issues related to harm to openness in the Green Belt and the test of very special circumstances

:

Inquiries

New Hartley, Northumberland

13/06/2017

Barratt David Wilson North East has secured planning permission on appeal for the development of 285 residential dwellings on a site in New Hartley, Northumberland.

The Inspector’s key finding was that the withdrawal of the Northumberland County Council’s Core Strategy meant that there was no Objectively Assessed Need against which to calculate a five year supply of housing. He found that the Council could not rely on the fact that a significant number of units would be provided in existing planning permissions because there was “insufficient evidence to enable any rational conclusion to be reached on whether these figures represent a strong supply of housing if there is nothing to measure them against.”

The inspector went on to conclude that the adverse effects of the proposal, including a less than substantial harm to a conservation area, did not significantly and demonstrably outweigh the benefits of the scheme.

A copy of the decision can be found here.

Sasha White QC and Anjoli Foster acted for Barratt David  Wilson Homes North East.

Simon Pickles acted for Northumberland County Council.

:

Inquiries

Mountlea Drive, Cornwall

13/03/2017

Planning appeal relating to proposals for a housing development in Cornwall, raising issues relating to five year housing land supply, flooding and landscape impact.

:

Inquiries

5-6 Queen’s Gate Place, Kensington and Chelsea

13/12/2016

An appeal against a listed building enforcement notice. This raised matters surrounding the significance of a listed building and whether the steps required in the enforcement notice did “alleviate the effect of the works” in accordance with section 38(2) of the Listed Building Act 1990.

:

Inquiries

Manor Farm, Maldon

01/11/2016

An enforcement appeal concerning the rules on time limits for enforcement action and the concept of deliberate concealment, as set out in the cases of Welwyn Hatfield BC v SSCLG and Jackson v SSCLG.

:

Inquiries

Horsham, West Sussex

29/11/2019

A high-profile 3 week public inquiry into the proposal for a “Recycling, Recovery and Renewable Energy Facility” in Horsham, West Sussex. The proposal comprised a materials recovery facility and an energy from waste facility, which included proposals for a 95-metre high flue stack.

The main issues included whether the proposal would be consistent with the aims of local and national waste management policy, the waste hierarchy, the effect on the character and appearance of the area, and the effect on public health.

:

Inquiries

Mornings Mill Far, East Sussex

31/10/2019

A public inquiry relating to proposals for comprehensive development comprising up to 700 dwellings including affordable housing, 8,600 square metres of employment floorspace, medical centre, primary school, community centre, retail and playing fields. The main issues related to whether proposals were premature in the context of an emerging local plan, effect on the integrity of the Ashdown Forest Special Area of Conservation and highways access arrangements.

:

Inquiries

Poplar Hill, Mid Suffolk

26/07/2019

Following a six-day public inquiry, a Planning Inspector has refused an outline scheme for up to 160 dwellings in the countryside adjacent to Stowmarket, Mid Suffolk.

The Inspector found that Mid Suffolk District Council could successfully demonstrate a five-year housing land supply. In doing so, he confirmed the extent to which information gathered after the cut-off date is relevant for the calculation of housing land supply:

“a site granted permission after [the cut-off date for the calculation of the housing land supply] should not, therefore, be included in the sites with permission categories within the 5YHLS. However, this does not mean that all information gathered after the cut-off date is irrelevant where, for example, this serves to confirm that assumptions made when deciding what should be in the supply were well founded.”

The Inspector also found that the proposed development would have an unacceptable impact on the character and appearance of a valued landscape, and would result in less than substantial harm to the setting of a listed building. On the basis of those adverse impacts, the Inspector decided that the appeal should be dismissed.

Anjoli Foster acted for Mid Suffolk District Council.

:

Inquiries

Surrey House, Kingston

28/06/2019

Appeal against refusal of proposals for a major mixed-use development, as part of the regeneration of Kingston town centre. The inquiry mainly examined matters of design, effects on listed buildings and a Conservation Area, and housing need.

:

Inquiries

Hurlingham Road, Hammersmith and Fulham

26/04/2019

An inquiry relating to proposals for large high-quality office space, which primarily concerned the effect on a Conservation Area and highways matters.

:

Inquiries

Former Imperial House, Windsor and Maidenhead

26/03/2019

Appeal against the refusal of permission for a residential and office scheme development, which concerned matters of townscape, transport and heritage.

:

Inquiries

Gilda Crescent, Hackney

26/02/2019

Appeal against an enforcement notice, which concerned whether there was evidence of four years of continuous residential use and thus immunity from enforcement action.

:

Inquiries

Mount Pleasant Lane, Hackney

21/02/2019

Appeal against an enforcement notice, which concerned whether there was evidence of four years of continuous residential use and thus immunity from enforcement action.

:

Inquiries

Homestead, Basildon

12/02/2019

Appeal against a refusal to grant permission for a traveller’s site, which raised issues relating to harm to the Green Belt, gypsy and traveller accommodation needs and human rights.

:

Inquiries

Scholes, Leeds

11/12/2018

A joint appeal concerning two large residential schemes in Leeds. The inquiry raised matters of housing need, prematurity and the emerging Local Plan, and transport and accessibility.

:

Inquiries

Clehonger, Hereford

27/11/2018

A Planning Inspector has dismissed an appeal by Gladman Developments Ltd against the refusal by Herefordshire Council to discharge a Grampian condition attached to a permission for a large housing development. The condition related to the impact of the development on sewerage infrastructure, and the consequential effect on water quality and nearby Sites of Special Scientific Interest (SSSI) and Special Areas of Conservation (SAC). The application to discharge the condition had been opposed by Dŵr Cymru Welsh Water (DCWW), the sewerage undertaker for the area.

The housing development had originally been granted permission on appeal by an Inspector in 2016. At this previous inquiry, the issues of the necessity for mitigation works to the sewerage infrastructure and who should fund any mitigation works, were hotly contested between the Council, DCWW and Gladman. The previous Inspector made key findings on the relationship between the right of a developer to connect to a public sewer and the ability of a sewerage undertaker to decide where to spend their funds, and importantly imposed the Grampian condition preventing the development taking place until further wastewater assessments and any necessary works to the sewerage infrastructure were carried out.

These assessments were subsequently carried out. In the recent appeal Gladman argued that these showed that no mitigation works were required, and thus the condition could be discharged and development could begin without further works needing to be funded. However, the Inspector agreed with the Council and DCWW that mitigation works were needed to avoid an unacceptable risk of harm to water quality, and to the nature conservation interests of the SSSIs/SAC, and thus refused to discharge the condition.

Anjoli Foster acted for Herefordshire Council and Dŵr Cymru Welsh Water in the recent appeal.

:

Inquiries

Lime Kiln Farm, Bath

21/11/2018

Appeal against an enforcement notice, which raised questions of previous continuous use, material changes of use and planning units.

:

Inquiries

Lygon Place, Westminster

13/11/2018

Appeal concerning retrospective permission for works carried out to a listed building in Central London. The issues at the inquiry concerned design, and heritage harm and heritage benefits.

:

Inquiries

The Cabinet Pub, North Hertfordshire

06/11/2018

A Planning Inspector has dismissed an appeal against a refusal by North Hertfordshire District Council to grant retrospective permission for a change of use of premises from a public house to a single dwelling.

The Cabinet, a Grade II listed building, had been a pub since at least 1806 but had ceased trading in recent years. The Appellant had purchased the Cabinet and converted it to a dwelling without planning permission. The Appellant’s retrospective application for a change of use, and the subsequent appeal, generated substantial local interest, including from the Save the Cabinet Action Group who objected to the application.

Following a three-day public inquiry, the Inspector found that the Appellant had failed to show that all reasonable attempts had been made to market for a pub use during a period of vacancy, and that it had not been demonstrated that use of the Cabinet as a pub was unviable. He also found that the heritage harm caused by the change of use was not outweighed by the public benefits.

Anjoli Foster represented North Hertfordshire District Council.

:

Inquiries

Land East of Orchard Avenue, Basildon

29/10/2018

Appeal against an enforcement notice relating to the development of a residential access track in the Green Belt. The issues concerned harm to openness and the application of the Green Belt policies in the National Planning Policy Framework.

:

Inquiries

Syon Park, Hounslow

09/10/2018

Appeal concerning a proposal for residential development near Syon House and Syon Park. The issues at the inquiry related to the balance of heritage benefits against heritage harm.

:

Inquiries

Cheshire West Local Plan, Minerals and Hydrocarbon session

21/08/2018

Made representations on the draft minerals and hydrocarbon policies at the Examination into the Cheshire West and Cheshire Council Local Plan (Part 2). The particular issue was whether the policies adequately addressed impacts on climate change

:

Inquiries

Alnwick, Northumberland

17/07/2018

Proposal for housing on land allocated for employment use. The main issues at the inquiry related to the provision of employment land within the district and conflict with a Neighbourhood Plan. The inquiry was adjourned for closing submissions as the new National Planning Policy Framework was published on the penultimate day of the inquiry.

:

Inquiries

Kesgrave, Suffolk

26/06/2018

Re-hearing of an appeal relating to a development proposal for large housing scheme. The original refusal by an Inspector had been quashed by the High Court. The inquiry related to the settlement hierarchy and sustainability of the location.

:

Inquiries

Racecourse Plantations, Norwich

22/05/2018

Appeal against the refusal of permission for 300 homes and a Community Woodland Park. The main issues at the inquiry were whether there was ecological harm and whether there was compliance with the development plan.

:

Inquiries

Maybrey Works, Bromley

09/05/2018

Proposal for a mixed residential and commercial scheme on land allocated for employment use only. Issues at the inquiry involved the extent of need for employment land, protection of Metropolitan Open Land and five-year housing land supply. The Inspector allowed the appeal.

:

Inquiries

Watlington Road, Oxfordshire

20/02/2018

Appeal against the refusal of an application for 120 dwellings on a greenfield site. The inquiry concerned housing land supply, loss of agricultural land and conflict with a Neighbourhood Plan. The Inspector recommended that the appeal be allowed, but the Secretary of State recovered the appeal and disagreed with the Inspector’s conclusions.

:

Inquiries

Bonhill Lane, Bath

06/02/2018

A joint appeal against a refusal of a certificate of lawful use and the issue of an enforcement notice, relating to the development of a touring caravan park in the Green Belt. Issues related to harm to openness in the Green Belt and the test of very special circumstances

:

Inquiries

New Hartley, Northumberland

13/06/2017

Barratt David Wilson North East has secured planning permission on appeal for the development of 285 residential dwellings on a site in New Hartley, Northumberland.

The Inspector’s key finding was that the withdrawal of the Northumberland County Council’s Core Strategy meant that there was no Objectively Assessed Need against which to calculate a five year supply of housing. He found that the Council could not rely on the fact that a significant number of units would be provided in existing planning permissions because there was “insufficient evidence to enable any rational conclusion to be reached on whether these figures represent a strong supply of housing if there is nothing to measure them against.”

The inspector went on to conclude that the adverse effects of the proposal, including a less than substantial harm to a conservation area, did not significantly and demonstrably outweigh the benefits of the scheme.

A copy of the decision can be found here.

Sasha White QC and Anjoli Foster acted for Barratt David  Wilson Homes North East.

Simon Pickles acted for Northumberland County Council.

:

Inquiries

Mountlea Drive, Cornwall

13/03/2017

Planning appeal relating to proposals for a housing development in Cornwall, raising issues relating to five year housing land supply, flooding and landscape impact.

:

Inquiries

5-6 Queen’s Gate Place, Kensington and Chelsea

13/12/2016

An appeal against a listed building enforcement notice. This raised matters surrounding the significance of a listed building and whether the steps required in the enforcement notice did “alleviate the effect of the works” in accordance with section 38(2) of the Listed Building Act 1990.

:

Inquiries

Manor Farm, Maldon

01/11/2016

An enforcement appeal concerning the rules on time limits for enforcement action and the concept of deliberate concealment, as set out in the cases of Welwyn Hatfield BC v SSCLG and Jackson v SSCLG.

:

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