The Inspector will accept the latest appellant costs submission under the right of final reply, but no more submissions will accepted.

Transcription

1 From:Palmer, Leanne Sent:Thu, 7 Jan :14: To:'David Warman' Cc:'Daniel Farrand';Planning Appeals;'Edward George';Gemma Read;Lomas, Martin: CP-Plan Subject:RE: etc 19 South End Dear David Thank you for your . The Inspector will accept the latest appellant costs submission under the right of final reply, but no more submissions will accepted. Kind regards Leanne Palmer Major Casework Planning Inspectorate 3/26 Hawk Wing, TQH, 2 The Square, Bristol, BS1 6PN Tel: From: David Warman [mailto:david@richardmax.co.uk] Sent: 07 January :45 To: Palmer, Leanne Cc: 'Daniel Farrand'; 'planningappeals@rbkc.gov.uk'; 'Edward George'; Gemma Read; 'Martin.Lomas@rbkc.gov.uk' Subject: RE: etc 19 South End

2 Leanne I should clarify that it was Mr Parkinson not Mr Patterson who represented RBKC my apologies. Kind regards David 87 Chancery Lane London WC2A 1ET Tel: +44 (0) Fax: +44 (0) This and any attachments is confidential and may be legally privileged. If you have received this and you are not a named addressee, please inform Richard Max & Co on and then delete it from your system. If you are not a named addressee you must not use, disclose, distribute, copy, print or rely on this . Although Richard Max & Co routinely screens for viruses, we cannot be held responsible for any viruses or other material transmitted with or as part of this without our knowledge. Richard Max & Co is the trading name of Richard Max & Co LLP a limited liability partnership authorised and regulated by the Solicitors Regulation Authority SRA Number The LLP is registered in England under registration number OC Its Registered Office is at 87 Chancery Lane, London, WC2A 1ET. The Members of the LLP are Richard Max and David Warman. PLEASE NOTE THAT THIS FIRM DOES NOT ACCEPT SERVICE BY From: David Warman Sent: 07 January :32 To: 'Palmer, Leanne' <Leanne.Palmer@pins.gsi.gov.uk> Cc: 'Daniel Farrand' <Daniel.Farrand@Mishcon.com>; 'planningappeals@rbkc.gov.uk' <planningappeals@rbkc.gov.uk>; 'Edward George' <EGeorge@savills.com>; Gemma Read <Gemma@RichardMax.co.uk>; 'Martin.Lomas@rbkc.gov.uk' <Martin.Lomas@rbkc.gov.uk> Subject: RE: etc 19 South End Dear Leanne

3 Thank you for your albeit I am slightly confused. We had understood from your 18 December (see the chain below) that we would have until 6 January to submit our final response on the costs application? Our understanding of the relevant chronology is as follows: i. The application for costs was included within the Statements of Case for Appeals 3 and 4; ii. At the opening of the public inquiry on 8 December RBKC handed up and circulated its written response to the costs application; iii. The costs application was addressed and considered on the final day of the inquiry (11 December 2015); iv. On the final day of the inquiry Paul Brown QC on behalf of my client, the appellant, handed up and circulated a note in response to RBKCs written note on costs; v. Mr Patterson on behalf of RBKC requested the opportunity to review the note and respond in writing after the close of the inquiry to which my client had no objection subject the right of final reply; vi. vii. The Inspector granted this request (on the basis that it related to the costs application rather than the substantive appeals) and it was agreed that RBKC would have until 5pm on 21 December to make its further submissions in writing this was reflected in your of 18 December below. The Inspector explicitly recognised that my client (as the appellant and applicant for costs) may wish to respond to the further submissions and would have the right of final reply but commented that due to the Christmas period the Planning Inspectorate would set a deadline for submitting any further and final comments in response this is what we had understood your of 18 December had proposed. As the appellant and applicant for costs it is entirely standard practice for our client to have the right of final reply on the costs applications which we had understood the Inspector had agreed and noted at the end of the public inquiry. Kind regards

4 David 87 Chancery Lane London WC2A 1ET Tel: +44 (0) Fax: +44 (0) This and any attachments is confidential and may be legally privileged. If you have received this and you are not a named addressee, please inform Richard Max & Co on and then delete it from your system. If you are not a named addressee you must not use, disclose, distribute, copy, print or rely on this . Although Richard Max & Co routinely screens for viruses, we cannot be held responsible for any viruses or other material transmitted with or as part of this without our knowledge. Richard Max & Co is the trading name of Richard Max & Co LLP a limited liability partnership authorised and regulated by the Solicitors Regulation Authority SRA Number The LLP is registered in England under registration number OC Its Registered Office is at 87 Chancery Lane, London, WC2A 1ET. The Members of the LLP are Richard Max and David Warman. PLEASE NOTE THAT THIS FIRM DOES NOT ACCEPT SERVICE BY From: Palmer, Leanne [mailto:leanne.palmer@pins.gsi.gov.uk] Sent: 06 January :42 To: David Warman <David@RichardMax.co.uk> Cc: 'Daniel Farrand' <Daniel.Farrand@Mishcon.com>; 'planningappeals@rbkc.gov.uk' <planningappeals@rbkc.gov.uk>; 'Edward George' <EGeorge@savills.com>; Gemma Read <Gemma@RichardMax.co.uk>; 'Martin.Lomas@rbkc.gov.uk' <Martin.Lomas@rbkc.gov.uk> Subject: RE: etc 19 South End Dear David Thank you for your . Before accepting this further submission, the Inspector requires clear reasons why it should be accepted in order to avoid an undue prolongation of exchange of correspondence.

5 Kind regards Leanne Palmer Major Casework Planning Inspectorate 3/26 Hawk Wing, TQH, 2 The Square, Bristol, BS1 6PN Tel: From: David Warman [mailto:david@richardmax.co.uk] Sent: 06 January :17 To: Palmer, Leanne; 'Martin.Lomas@rbkc.gov.uk' Cc: 'Daniel Farrand'; 'planningappeals@rbkc.gov.uk'; 'Edward George'; Gemma Read Subject: RE: etc 19 South End Dear Leanne Happy New Year to you. Further to your below please find attached the Appellants response to the Councils further written comments on the costs application. Kind regards David

6 87 Chancery Lane London WC2A 1ET Tel: +44 (0) Fax: +44 (0) This and any attachments is confidential and may be legally privileged. If you have received this and you are not a named addressee, please inform Richard Max & Co on and then delete it from your system. If you are not a named addressee you must not use, disclose, distribute, copy, print or rely on this . Although Richard Max & Co routinely screens for viruses, we cannot be held responsible for any viruses or other material transmitted with or as part of this without our knowledge. Richard Max & Co is the trading name of Richard Max & Co LLP a limited liability partnership authorised and regulated by the Solicitors Regulation Authority SRA Number The LLP is registered in England under registration number OC Its Registered Office is at 87 Chancery Lane, London, WC2A 1ET. The Members of the LLP are Richard Max and David Warman. PLEASE NOTE THAT THIS FIRM DOES NOT ACCEPT SERVICE BY From: Palmer, Leanne [mailto:leanne.palmer@pins.gsi.gov.uk] Sent: 18 December :53 To: 'Edward George' <EGeorge@savills.com>; 'Martin.Lomas@rbkc.gov.uk' <Martin.Lomas@rbkc.gov.uk> Cc: 'Daniel Farrand' <Daniel.Farrand@Mishcon.com>; David Warman <David@RichardMax.co.uk>; 'sround@savills.com' <sround@savills.com>; 'planningappeals@rbkc.gov.uk' <planningappeals@rbkc.gov.uk> Subject: etc 19 South End Dear Edward / Martin At the close of the Inquiry the Inspector exceptionally allowed further written response by RBKC to the appellant counter response on Costs for appeals C and D. This was felt fair and expedient in view of the complex chronology of the five interrelated appeals. Accordingly, as agreed at the Inquiry, the Council is afforded until 5pm Monday 21 December to submit a further written response on the costs applications, strictly limited to the fresh points raised, and the Appellant until 5 pm Wednesday 6 January to peruse it, allowing for the intervention of Christmas and New Year holidays.

7 Kind regards Leanne Palmer Major Casework Planning Inspectorate 3/26 Hawk Wing, TQH, 2 The Square, Bristol, BS1 6PN Tel: Correspondents should note that all communications to or from the Planning Inspectorate may be automatically logged, monitored and/or recorded for lawful This and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this in error please notify the system manager. This footnote also confirms that this message has been scanned by Websense Security Gateway for the presence of computer viruses. The original of this was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) This has been certified virus free.

8 This was scanned by the Government Secure Intranet anti-virus service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisations IT Helpdesk. Correspondents should note that all communications to or from the Planning Inspectorate may be automatically logged, monitored and/or recorded for lawful This and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this in error please notify the system manager. This footnote also confirms that this message has been scanned by Websense Security Gateway for the presence of computer viruses. The original of this was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) This has been certified virus free. This was scanned by the Government Secure Intranet anti-virus service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisations IT Helpdesk. Correspondents should note that all communications to or from the Planning Inspectorate may be automatically logged, monitored and/or recorded for lawful

9 This and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this in error please notify the system manager. This footnote also confirms that this message has been scanned by Websense Security Gateway for the presence of computer viruses. The original of this was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) This has been certified virus free.