Practice Profile

Alex Booth has a practice which encompasses all aspects of planning, compulsory purchase, licensing and environmental law. He regularly appears on behalf of private and public bodies in public Inquiries, the High Court and the Lands Tribunal and has also appeared in the Supreme Court.  He also advises clients in Commonwealth jurisdictions and has successfully brought judicial review proceedings in the Turks and Caicos Islands. Most recently, he appeared before the Infrastructure Planning Commission, promoting the very first project to be considered by the Commission. 

Recommended by the Legal 500 and Chambers and Partners, the latter guide described him as "a bright and measured advocate who is always willing to go the extra mile for clients". He is a member of the Planning & Environmental Bar, the Compulsory Purchase and Health and Safety Lawyers' Associations.

Cases of Note

• Promotion of 52MWe Energy from Waste facility to the Infrastructure Planning Commission
  
• London Olympics Judicial Review and Compulsory Purchase litigation acting on behalf of the London Development Agency
  
• Compensation litigation connected with Crossrail, acting on behalf of corporate property investment claimants
  
• Promoting compulsory purchase orders on behalf of National Grid Gas in South Wales
  
• Statutory Review regarding planning enforcement in the Supreme Court
  
• Statutory Review of Open Cast Coal Mining Scheme in the Court of Appeal
  
• Coventry Airport Expansion Inquiry
  
• Judicial Review of London Congestion Charging Scheme

Experience

PLANNING AND COMPULSORY PURCHASE

Town and Country Planning
Planning represents a significant element of his practice. He has appeared at numerous planning inquiries on behalf of both developers and local planning authorities, and has wide experience in the fields of residential, commercial, industrial and institutional/community development.

Significant projects in differing fields include

• Promoting large scale residential development within the Kent greenbelt;
• Promoting retail development in the form of a B&Q Superstore at Castleford; and
• Promoting the construction of a book depository to serve the Bodleian Library for Oxford University

Recent Court Appearances in the planning field include appearing for the successful local planning authority in Sumner v. Secretary of State and Wycombe District Council (2010) EWHC 372, clarifying the provisions conferring immunity from enforcement and representing the developer in both the Court of Appeal and the Supreme Court in Welwyn Hatfield Borough Council v. Secretary of State and Beesley (2011) UKSC 15, in the context of enforcement proceedings.

He also advises authorities on the subject of local development frameworks, and has previously promoted various local plans in both England and Wales.

Compulsory Purchase
He has significant experience in compulsory purchase litigation, both at inquiry level and in the High Court.
Recent instructions include appearing as junior counsel to promote compulsory purchase orders on behalf of National Grid, in connection with the construction of an LNG pipeline from Milford Haven through the Brecon Beacons National Park. He was also instructed by the London Development Agency in Judicial and Statutory Review proceedings, resisting legal challenges to the compulsory purchase order facilitating site assembly for the London Olympics (Sole v Secretary of State and London Development Agency [2007] EWHC 1527 and R (on the application of Manor Gardens Society) v London Development Agency).

Land Valuation
He has a wide experience of compensation litigation, and regularly appears in the Lands Tribunal on behalf of both Claimants and Acquiring Authorities. He acted as junior counsel in the landmark valuation case of Optical Express Ltd v Birmingham City Council (ACQ/109/2002).  More recently, he appeared in the significant decisions of Urban Edge Ltd. v. London Underground Ltd [2009] UKUT and TNL Ltd v. Lancaster City Council [2010] UKUT, both of which were concerned with planning assumptions as relevant to valuation.  He is currently instructed in a number of references concerned with Crossrail, and also the regeneration of East London. Clients include Transport for London, the London Development Agency and the London Baptist Church, as well as private landowners including Grosvenor and Derwent. He is also currently advising and appearing on behalf of Dorset County Council in compensation litigation relating to the modification of Minerals Permissions, owing to environmental designation of quarries.

Listed Buildings and Conservation
He has acted on behalf of developers and planning authorities at public inquiries concerned with development in extremely sensitive contexts. Projects include the re-development of a contaminated site adjacent to a Grade I Listed Cathedral in Norwich, and the erection of residential development in the Hampstead Conservation Area, adjacent to a Grade I Listed Georgian Terraces.
In addition, he also appears in criminal matters relating to listed buildings, appearing on behalf of both prosecuting authorities and defendants. Recent works includes the successful prosecution of an individual for unauthorised demolition of a Grade II listed ‘International Modern' building, on behalf of English Heritage.
He has lectured on the law relating to listed buildings at Oxford Brookes University and Christies, London.

PUBLIC LAW

Judicial and Statutory Review
He is regularly involved in High Court litigation. Cases of note include having acted for the Mayor of London to defend a legal challenge to the introduction of the congestion charge in Central London (R (Westminster C.C.) v Mayor of London (2003) BLGR 611) and acting on behalf of the London Development Agency to resist review of the mechanism to assemble the site for the 2012 London Olympics Sole v Secretary of State and London Development Agency [2007] EWHC 1527.
Other experience includes bringing a challenge against the Welsh Assembly's grant of planning permission for large scale opencast coal mining in Merthyr Tydfil, (Condron v National Assembly for Wales (2007) BLGR 87, now a leading authority on ‘apparent bias'), and challenging the decision of the Minister of Planning in the Turks and Caicos Islands to grant planning permission for the creation of an artificial island within a marine nature reserve (R v Physical Planning Board Challenge ex parte Young & Hesse [2008] CL 02/08).

Local Government and Rating
Advises local authorities on a wide range of issues relating to the exercise of their statutory powers. Examples of previous instructions include advising in respect of the liability of council members and employees, addressing queries regarding the disposition of council assets, and obtaining injunctive relief to prohibit members of the public from accessing council premises.

He regularly advises and appears in connection with disputes relating to payment of non-domestic rates; most recently in Deloitte LLP and Thomson Financial v. City of London.

LICENSING

Practice includes all aspects of entertainment and liquor licensing. Appears on behalf of applicants and local interest groups both at licensing Committee Hearings and on appeal in the Magistrates' Court. Clients include restaurants, nightclubs and specialist venues. He recently appeared in the significant judicial review case of R (on the application of A3D2 Limited) v Westminster Magistrates Court [2011] EWHC 1045 relating to decisions concerning licensed nightclub premises in London's West End, and is currently involved in further judicial review proceedings relating to a sex shop in Truro, Cornwall.

INFRASTRUCTURE

He has experience of promoting major infrastructure projects in the energy field, in particular Liquified Natural Gas.
He is also regularly instructed by water authorities, examples being Anglian Water and Thames Water Ltd, whom he advised regarding pipeline construction in the vicinity of a Churchyard. He is currently instructed by Southern Water Services Ltd in proceedings relating to the discharge of odour from a sewage treatment works.

ENVIRONMENT

He has acted on numerous occasions for local authorities and appellants in the context of statutory nuisance proceedings. Premises in respect of which he has been instructed are diverse, and range from bars and restaurants to a cattle market and sewage deposition site. Work in this area includes dealing with appeals by way of complaint in civil proceedings, and also prosecutions for breach of notices in the criminal courts.
He also acts on behalf of defendants in criminal proceedings concerning other breaches of environmental legislation. Recent cases have involved commission of alleged offences pursuant to the Environmental Protection Act 1990, the Salmon and Freshwater Fisheries Act 1975 and the Water Resources Act 1991.

VILLAGE GREENS

He advises both landowners and registration authorities regarding the workings of the Commons Act 2006. He also regularly appears on behalf of landowners at non-statutory inquiries to oppose applications to register land as Town and Village Greens. Recently he was successful in resisting the registration of land at Newent and at Bussage, both in Gloucestershire, owned by the house-builder Robert Hitchins Ltd. He is also regularly instructed by registration authorities to sit as inspector at village green inquiries.

Qualifications and Appointments

• BA (Hons) History - Christ Church, Oxford
  
• Diploma in Law (CPE) - City University
  
• Scholarships - Middle Temple, Queen Mother's Scholar, Astbury Scholar, Lord Justice Sachs Exhibitioner