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Anjoli Foster

Call: 2014
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Practice Summary

Anjoli is a planning and public law barrister who is now ranked as one of the top junior planning barristers by Planning Magazine’s Legal Survey 2020 and has been appointed to the Government’s C Panel of Counsel.

In 2020 she has been involved in several significant planning cases (detailed below) and has given presentations in webinars on “Virtual Inquiries: A Guide” and “Planning in the Covid-19 Crisis”.

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 High Court. Her clients include a range of national and regional housebuilders and land promoters, central Government, local planning authorities, and environmental groups.

Recently Anjoli has been involved in several high profile planning cases and appeals including:

  • Hillthorn Farm, Sunderland [2020]: appeared at a planning inquiry involving a proposal 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 (with Sasha White QC).
  • Holocaust Memorial, Westminster [2020]: is currently representing the Government in a legal challenge relating to Government decision-making on the “called in” planning application for the proposed Holocaust Memorial in Victoria Tower Gardens (with Tim Mould QC).
  • Energy National Policy Statements [2020]: is currently representing the Claimant in a legal challenge to the Government’s failure to review the National Policy Statements which determine how decisions are made on proposals for large fossil fuel, nuclear and renewable energy development (with Alex Goodman). This case has received national press coverage.
  • Nine Mile Ride, Wokingham [2020]: successfully appeared in this public inquiry which was the first appeal decision to mention the effect of Covid-19 on housing land supply (with Sasha White QC).
  • Eye, Mid Suffolk [2019]: successfully represented the Local Planning Authority in a planning inquiry concerning a scheme for 126 houses in the countryside, notable for the Inspector’s conclusions on conflict with an emerging Neighbourhood Plan (in her own right).
  • Horsham, West Sussex [2019]: represented the Waste Planning Authority in a planning inquiry concerning proposals for an energy from waste facility, which included proposals for one of the tallest flue stacks in the country at 95 metres (in her own right).
  • Former Imperial House, Windsor and Maidenhead [2019]: appeared successfully for the Developer in a planning inquiry relating to a major mixed-use scheme, including over 200 residential units and 16,389 sqm of office floorspace (with Christopher Katkowski QC).
  • Mornings Mill Farm, Wealden [2019]: represented the Developer in a planning inquiry concerning proposals for comprehensive development including 700 houses, 8,600 sqm of employment floorspace, a medical centre and a school (with Sasha White QC).
  • Benson v Secretary of State [2018]: 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 own right).
  • East Bergholt Parish Council v Babergh District Council and Countryside Properties [2018/9]: successfully appeared for the Developer in this highly topical case, which was appealed up to the Court of Appeal, concerning the local authority’s assessment of “deliverability” in calculating five-year housing supply, and the interpretation of the St Modwen judgment (in her own right)
  • Visao Ltd v Secretary of State [2019]: successfully represented the Developer in this legal case on an Inspector’s duty to give reasons for disagreeing with the recommendation of a statutory consultee (in her own right).

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.

Planning and Environmental Law

Anjoli has been consistently ranked as one of the top barristers under 35 in the 2018 and 2019 Planning Magazine’s Law Survey. She has a wide-ranging planning and environmental practice, and her clients include local authorities, developers (including major national housebuilders), environmental groups and individuals. Anjoli has also been appointed to the Attorney General’s C Panel of Counsel.

Recent court work includes:

  • Benson v Secretary of State for Communities and Local Government [2018] EWHC 700 (Admin): a challenge relating to a Planning Inspector’s discretion to accept late evidence, notable for being one of the very rare cases where the Court has ordered that cross-examination of a Planning Inspector take place.
  • East Bergholt Parish Council v Babergh District Council and Countryside Properties [2018] EWHC 3400 (Admin): this highly topical case concerned the local authority’s assessment of “deliverability” in calculating five-year housing supply, and the interpretation of the St Modwen judgment. This case has now been appealed to the Court of Appeal.
  • Visao Ltd v Secretary of State [2019] 276 (Admin): a challenge to a Planning Inspector’s decision on the basis of a failure to have regard to the correct site access plan and failure to give reasons for disagreeing with the Highway Authority.
  • Chesterton Commercial (Bucks) Limited v Wokingham District Council [2018] EWHC 1795 (Admin) (led by Sasha White QC): concerned the scope of a local authority’s power to decline to determine planning applications under section 70C of the Town and Country Planning Act 1990.
  • Abbot’s Ride Land Limited v Surrey County Council and Wates Developments Limited [2018] (with Tim Mould QC): a trial into whether land formed part of the public highway; the result of which affected the likelihood of a housing development coming forward.
  • Appearing regularly as sole counsel in the High Court in claims for interim injunctions and final injunctions to restrain breaches of planning control.
  • Regularly representing parties in the Magistrates Court in relation to prosecutions for failure to comply with enforcement notices and environmental offences.

Her recent public inquiry work includes:

  • Poplar Hill, Mid Suffolk: an appeal concerning a proposal for 160 dwellings, which raised a large number of issues, including heritage harm, landscape harm and five-year housing land supply.
  • Reed, North Hertfordshire: an appeal for the change of use of a pub to use as a residential dwelling. The inquiry raised matters relating to viability and heritage harm.
  • Racecourse Plantations, Norwich (with Christopher Katkowski QC): relating to a scheme for 300 homes and a Community Woodland Park, which concerned housing need, ecology and landscape issues.
  • Bonhill Lane, Bath: a joint appeal against a refusal of a certificate of lawful use and issue of an enforcement notice, relating to material changes of use and harm to the Green Belt.
  • Maybrey Works, Bromley (with Sasha White QC): a proposal for a major housing scheme on land allocated for employment use, which concerned the viability of the site and employment demand in the area.
  • Cheshire West Local Plan: representations on draft minerals and hydrocarbons policies, and whether the policies adequately addressed impacts on climate change.
  • Mount Pleasant, Hackney: enforcement notice appeal concerning evidence of four years continuous residential use and immunity from enforcement action.
  • Syon House and Syon Park, Hounslow (with Sasha White QC): proposal for residential scheme near well-known heritage assets, raising issues as to design and balancing heritage harm and heritage benefits.
  • Former Imperial House, Windsor and Maidenhead (with Christopher Katkowski QC): residential and office scheme development, which concerned matters of townscape, transport and heritage.

For more information see the Inquiries and Cases tabs.

Anjoli also advises on all aspects of planning law, which has recently included issues such as: compensation under the Land Compensation Act 1973 and the Compulsory Purchase Act 1965, prospective judicial review challenges to Local Plans, the community infrastructure levy, the use of masterplanning, enforceability of planning conditions and changes in planning units.

Anjoli has given talks and provided training on various planning law topics. She has also previously worked at the Law Commission on the simplification and consolidation of planning law in Wales, which is an ongoing project commissioned by the Welsh Government.

Property Law

Anjoli has a busy property practice. Recent advocacy work includes:

  • Appearing in the High Court on behalf of a local authority in a case concerning the provision of accommodation by a private landlord and local authority
  • Representing a landlord in a fast track trial before the County Court in a claim for possession on the basis of rent arrears and a counterclaim for disrepair.
  • Acting for a landlord in a trial concerning possession on the basis of mortgage arrears and a contractual dispute about interest.
  • Appearing in summary judgement proceedings in relation to a claim concerning adverse possession and common land.
  • Appearing in the County Court in relation to possession proceedings, boundary disputes, access to neighbouring land orders, final charging orders, forfeiture proceedings and lease extensions.

She also advises on a wide range of property matters. These have included matters in relation to the interpretation and enforceability of covenants (with Katharine Holland QC), the Electronic Communications Code, business leases, forfeiture and schemes of development.

Public Law

Anjoli accepts instructions in all areas of public law. She has also been appointed to the Attorney General’s C Panel of Counsel.  Recent examples of her work include:

  • Acting as sole counsel for the claimant in MO (by her litigation friend AF) v Sandwell Metropolitan Borough Council (CO/6144/2016); a judicial review challenge to a local authority’s assessment of need under section 17 of the Children Act 1989.
  • Acting as a junior to James Maurici QC in a matter relating to coroners’ inquests and the duty to investigate deaths under Article 2 of the European Convention on Human Rights.
  • Representing an employer in an appeal against a fine imposed under the Immigration, Asylum and Nationality Act 2006 for employing a person without leave to remain in the UK.
  • Regularly representing appellants in the First-Tier Tribunal (Immigration and Asylum Chamber) in appeals against refusals of applications for leave to remain in the UK, both on human rights and asylum grounds.
  • Applying for bail in the First-Tier Tribunal (Immigration and Asylum Chamber) on behalf of those subject to immigration detention.

Anjoli also regularly drafts Grounds of Defence for the Home Office and has acted pro bono through the Bar Pro Bono Unit.

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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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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.

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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.

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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.

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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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