Garner - Hampton Court Palace

R (Garner) v Elmbridge BC (D) Gladedale Group Ltd (IP1) and Network Rail (IP2)

CO/10474/2009 
Neutral Citation Number: [2010] EWHC 567 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION 
THE ADMINISTRATIVE COURT 
Royal Courts of Justice 
Strand
London WC2A 2LL

Wednesday, 3 March 2010

B e f o r e:

MR JUSTICE NICOL

Between: 
KEITH GARNER 
Claimant

v

ELMBRIDGE BOROUGH COUNCIL 
Defendant

(1) GLADEDALE GROUP LIMITED 
(2) NETWORK RAIL INFRASTRUCTURE LIMITED
Interested Parties

Keith Garner v Elmbridge Borough Council

Case No: C1/2010/1272 & C1/2010/0592

Neutral Citation Number: [2010] EWCA Civ 1006
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
MR JUSTICE NICOL

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: Thursday 29th July 2010

Before:
LORD JUSTICE LLOYD
LORD JUSTICE RICHARDS
and
LORD JUSTICE SULLIVAN
- - - - - - - - - - - - - - - - - - - - -
Between:

Garner v Elmbridge Borough Council

Neutral Citation Number: [2011] EWHC 86 (Admin)

Case No: CO/10474/2009
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 31 January 2011

Before :

MR JUSTICE OUSELEY
- - - - - - - - - - - - - - - - - - - - -
Between :

(1) KEITH GARNER
(2) KEITH GARNER LIMITED
(3) GERALD McAULLY

Claimants
- and -

ELMBRIDGE BOROUGH COUNCIL
-and-

GLADEDALE GROUP LIMITED
-and-

Garner v Elmbridge Borough Council and Ors

Case No: C1 / 2011 / 0265
Neutral Citation Number: [2011] EWCA Civ 891
IN THE COURT OF APPEAL ( CIVIL DIVISION )
ON APPEAL FROM HIGH COURT
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(MR JUSTICE OUSELEY)
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: Friday 24th June 2011
Before:
LORD JUSTICE PILL
LORD JUSTICE TOULSON
and
LORD JUSTICE SULLIVAN
- - - - - - - - - - - - - - - - - - - - -
Between:
Garner and Ors
Appellant
- and -

Elmbridge Borough Council and Ors

Strongly held view of Hampton Court

If you arrive at Hampton Court by train, the stunning views of Henry VIII's palace, glimpsed through mature trees, are marred by the station car park.

The views will be much worse, according to architect Keith Garner, if "out of scale" and unsympathetic four-storey flats, a hotel and an ex-servicemen's home are built on the car park and on the derelict nearby site of a café called the Jolly Boatman.

Elmbridge Council told to "swallow pride" and scrap Jolly Boatman development

An architect fighting Elmbridge Council's decision to grant a developer permission to build on land near Hampton Court Palace has told the local authority to "save face" and scrap the scheme, following a victory in the Court of Appeal. 

In December 2008, the council controversially gave developer Gladedale permission to build a hotel, residential units and a new care home for the Royal Star and Garter charity on the derelict land where the Jolly Boatman pub once stood.

Legal victory protects Jolly Boatman campaigner

AN architect fighting plans to redevelop the former Jolly Boatman site has been given the green light to continue his legal challenge after a court ruling protecting him from excessive costs.

Keith Garner was victorious in the Court of Appeal, with judges deciding his costs should be limited to £5,000 if he loses his battle with Elmbridge Borough Council (EBC).
Mr Garner said he was pleased with the granting of a protective costs order, which means he will be able to battle onto a full hearing on his application for judicial review later this year.

Appeal judges give 'major boost' to claimants in environmental cases

The Court of Appeal has given claimants in environmental judicial review cases a "major boost" by extending the use of protective costs orders (PCOs).
Keith Garner, an architect, launched a judicial review to challenge planning permission for a mixed-use development on the site of Hampton Court railway station, directly across the river from the royal palace.

Richard Buxton, who runs his own environmental law practice in Cambridge, acted for Garner. He said the ruling would be crucial in improving access to justice for claimants.

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