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27 January 2012 / Keith Davies
Issue: 7498 / Categories: Features , Judicial review , Local government , Public
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No room for doubt

Keith Davies turns the spotlight onto a Thameside Tudor tiff

The Court of Appeal heard and decided an appeal on 24 June 2011 between Garner and Others (appellant) and Elmbridge Borough Council and Others (respondent), with Gladedale Group Ltd and Network Rail Infrastructure (interested parties) (Garner and Ors v Elmbridge Borough Council and Ors [2011] EWCA Civ 891). The appellant had brought proceedings for judicial review of a decision by the council as local planning authority to grant permission for development at Hampton Court station at East Molesey in Surrey, situated on the south bank of the Thames directly opposite Hampton Court Palace. Ouseley J, in the administrative court of the Queen’s Bench Division, dismissed the application, and the appellant appealed, again unsuccessfully. The judgments do full justice to the presentation and analysis by all parties of the legal issues and the planning problems involved, which are complex (maybe more so in theory than practice).

Part of that complexity comes from the fact that the appellant, Keith Garner, with a distinguished career in giving expert advice to owners of outstanding

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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