Planning & Environment

Annabel has successfully represented developers, local authorities and third parties at a number of planning inquiries, some of substantial length and national significance. Her experience in relation to High Court challenges to planning decisions can be found under Administrative Law & Judicial Review.

Planning Inquiries into Major Development

• Linton Wind Farm: appeared unled for a Rule 6 party objector in a six-week wind farm inquiry in Cambridgeshire. Appeal dismissed in part on the basis of the objector's arguments that the development posed an unacceptable risk of harm to bats. Click here to see news item on this case.
• Brighton Marina Regeneration Project (junior to Keith Lindblom QC (as he then was)): appeared for the developer (Explore Living of Laing O'Rourke) of a comprehensive mixed-use development of some 1,300 apartments designed by Allies & Morrison. Issues included tall buildings, visual impact on the South Downs AONB / proposed national park and Kemp Town Conservation Area which includes the nation's largest group of Grade I listed buildings, design and layout, and affordable housing provision. The Secretary of State and Inspector concluded that the planning balance favoured grant of planning permission.
• Crystal Palace Park Masterplan (junior to Robert McCracken QC): represented the principal objector in a 6-week call-in into the London Development Agency's ‘Masterplan' for regeneration of this Grade II* Registered Park. Issues included design, landscape, ecology, funding and deliverability, and challenges to the Environmental Impact Assessment, and to compliance with the Habitats Directive (reported in [2011] P.A.D. 25).

Many of her cases involve points of environmental and European law, especially Environmental Impact Assessment and the application of the Habitats Directive, but also waste, water and contaminated land.

She enjoys working in a team from the early stages of inquiry preparation (including preparation of statements of case and proofs of evidence). She regularly advises developers and objectors on Environmental Impact Assessment, interpretation of planning policy, and evidence gathering / survey work to be undertaken to support a client's case.

Annabel frequently provides advice and advocacy for Planning Aid, the Environmental Law Foundation and other public interest groups.  Annabel is flexible in charging on a basis that reflects the client's circumstances and the case, and has acted pro bono or on a CFA (Conditional Fee Agreement) when appropriate.

Other Planning Inquiries:

Annabel has also acted in number of smaller-scale planning inquiries and enforcement inquiries that include a ground (a) appeal. Recent examples have included appearing for local authorities in:

• An appeal against refusal of 28 houses in the Cotswolds, contrary to Officer recommendation (appeal dismissed)
• An appeal against non-determination of a number of variations to conditions relating to storage height and hours of operation and construction of a car park at an office and builders' yard in the countryside (appeal dismissed and partial award of costs against the appellant made) (the case is reported in [2011] P.A.D. 57)
• A ground (a) enforcement appeal against the unauthorized construction of a large block of flats in a London suburb (appeal dismissed).

Planning Enforcement & Advertising Control

Annabel has a particular interest and specialist knowledge of planning enforcement and lawfulness and has a busy practice appearing in planning enforcement and advertising control inquiries and hearings in both rural and urban contexts. Recent issues have included horsiculture, rural diversification, caravans, log cabins, unauthorized flat conversions, shisha lounge use, storage & distribution, unauthorized garden use of a field, and live-work units.

She has full knowledge of the principles of planning enforcement, including material change of use, immunity from enforcement, and breach of condition; and is author of ‘The 10 Year Rule and Breaches of Condition: A Critique of Ellis v. Secretary of State for Communities and Local Government and Chiltern DC' [2010] JPL 157 - 167 (cited in Planning Law Practice and Precedents (Sweet & Maxwell, looseleaf) at [8.16B]). Annabel provides written advice on enforcement matters and undertook a part-time secondment at Surrey Heath Borough Council, where she advised on a large-number of enforcement cases including potential injunctive relief arising from the eviction of gypsies and travelers from Dale Farm.

A regular advocate in the Magistrates' and Crown Courts in criminal prosecutions for planning and advertising offences, Annabel has specialist knowledge of criminal procedure from start to finish in relation to these types of offences gained while undertaking a four-month secondment in the Criminal Regulatory Department of the London Borough of Haringey. She has also acted in an application under the Proceeds of Crime Act 2008 relating to a planning offence.

Annabel has lectured on the impact of insolvency on planning transactions, with particular regard to the drafting and enforceability of section 106 agreements in cases where a party becomes insolvent, and has advised a local authority on steps to be taken in that situation where the insolvent company was governed by the Law of Guernsey.