Lakeminster Park Success for Trinity Planning and Human Rights Barristers

Planning Inspector, Diane Lewis has dismissed the appeals against East Riding Council's refusal of retrospective planning permission for 73 retirement homes to remain in permanent occupation at Lakeminster Park near Beverley.

The Planning Inspector concluded that the East Riding Council's refusal did not infringe the residents' Human Rights. Trinity barristers Philip Engelman and Nicola Allan acted on behalf of the successful Council in the three week Public Inquiry commencing in June.The Inquiry followed the refusal of a retrospective planning application for the retirement homes 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' BusinessChanceryEmployment 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 AgricultureBusinessChanceryJudicial Review and Regulatory practice groups.

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