Trinity barristers Philip Engelman and Nicola Allan were instructed to act on behalf of East Riding Council in a recently concluded three week Public Inquiry relating to a retirement village with approximately 140 residents, at Lakeminster Park near Beverley, East Yorkshire.
The Inquiry followed the refusal of a retrospective planning application and enforcement action by East Riding Council seeking removal of the units from the site. Twelve of the local residents argued that the enforcement action would result in the loss of their homes and lifestyle and would be in breach of their Human Rights. An Inquiry last year upheld East Riding Council's refusal of consent for the properties to remain as permanent homes. Following a challenge by the Park developer and residents the Secretary of State found that there had been an error in law over the issue of land supply and ordered the latest Inquiry. Philip Engelman was instructed by East Riding Council to deal with the Human Rights elements and Nicola Allan the planning aspects.
Philip Engelman heads Trinity Chambers' Judicial Review team and is a member of Chambers' Business, Chancery, Employment and Regulatory practice groups. Philip, who sits as a Crown Court Recorder, was recently recognised in the 2013 Legal 500 as "a heavyweight in judicial review cases".
Nicola, who is also a Chartered Town Planner, heads Trinity Chambers' Planning group and is a member of Trinity’s Agriculture, Business, Chancery, Judicial Review and Regulatory practice groups.
The ruling of the Planning Inspector Diane Lewis is expected in the coming months.