Practice Profile

Andrew Newcombe QC came to the Bar after service in the Royal Marines. His main areas of law include the public and private law aspects of planning, compulsory purchase and compensation, Parliamentary, environmental and waste, local government, statutory undertakers, energy, highways, railways and tramways, the law of harbours, canals and navigation and associated areas.

The Editions of Chambers & Partners for 2010, 2011 and 2012 respectively describe:

..his reputation as an extremely strong practitioner. “He’s intellectual and has great forensic ability” state sources. “Even when he can sense things won’t work out, he’s always got a plan B. He makes the client feel very secure”.

(His) stock is particularly high when it comes to marine and energy related planning matters … His unique approach is described as “very old-school – he cuts their throat and lets them bleed”.

(He) "has considerable intellect and is utterly focussed on the matter in hand whilst always remaining sensitive to his client's needs".

The following identifies some of the more recent work in which Andrew Newcombe has been engaged. In some instances, it is possible to cite named examples but, in others, commercial considerations and confidentiality require more circumspection.

Recent work includes advising and appearing for the Fairfield Estate in connection with the Hinkley C proposal, advising Europa Oil in respect of a drilling exploration proposal for hydrocarbons in Surrey;  he is advising and will be appearing for EoN in respect of their Winwick renewable energy proposal. He is advising on various IPC applications and is representing Network Rail on the Ipswich Chord.

Planning

He has extensive experience of advising on all aspects of planning law and of appearing to promote or oppose development. In addition to particular forms of infrastructure work (renewable and conventional energy, harbours, railways, tram schemes etc – see under separate headings below) he has been involved on behalf of major commercial developers in promoting - or opposing – retail and large housing schemes (eg Cardington), town centre redevelopment (eg Radstock in Somerset and St Mary’s Re-development in Southampton), major, multi-modal interchange (eg the LIFE proposal) and numerous others. In a number of inquiries he has dealt with the technical issues – including primary and secondary radar and Air Traffic Control - arising from the proposed interface of commercial development on the one hand and military and civil aviation interests on the other. He has advised on a number of matters now falling within the IPC regime; amongst other things, he is representing Network Rail on the Ipswhich Chord proposal.

Compulsory purchase and compensation

He has appeared to promote or oppose compulsory purchase powers whether as part of primary legislation (private and hybrid Bills such as the Jubilee Line Acts and the CrossRail Act – see below) or statutory orders (under eg the Transport and Works Act and the Harbours Act regimes – see below) or freestanding compulsory purchase orders. He has advised extensively on compensation matters, and has appeared before the Lands Tribunal (now the Lands Chamber of the Upper Tribunal) both for acquiring authorities and for expropriated land-owners. Most recently he has been advising office owners expropriated under the CrossRail Act.

Parliamentary

He has appeared extensively to promote and to oppose infrastructure and other proposals promoted both by private and by hybrid Bills. He has promoted many pieces of railway legislation including the various Acts to authorize the Jubilee Line Extension and has also promoted Bills dealing with bank powers. He appeared to petition against the CrossRail Bill on behalf of the London Exhibition Centre. He regularly advises on the construction and application of private Acts of Parliament, particularly, for example, in respect of railways, harbours, inland conservancy functions; he has advised, amongst other things, on the Acts establishing the Royal Hospital Chelsea.

Energy

He has advised on and/or promoted extensive renewable energy schemes, including, for example, wind power both off-shore (eg London Array, Scarweather Sands, Shell Flat) and on-shore (Little Cheyne Court, Scout Moor, Keadby, Swinford) and bio-mass. His work has included conventional energy sources and major grid connections such as Hinkley C. The schemes in which he has been involved include those proceeding under the Electricity Act, the Planning Acts and the IPC regime. He has been called in on occasion promote major infrastructure proposals at inquiry in the Scottish jurisdiction, including the very large Harestanes Wind Farm for Scottish Power, and has recently advised clients on Infrastructure Planning Commission (IPC) procedures in the context of the Brechfa Wind Farm in Wales. He is advising Europa Oil on a hydrocarbon drilling exploration and will be promoting the Winwick renewable energy scheme.

Environmental and waste

He has dealt extensively with waste and environmental matters; most recently he has been advising in respect of a proposed sewage treatment works in the South-West.

Local Government

He advises frequently on aspects of local government powers, including matters as diverse as county farms.

Statutory undertakers

He has advised extensively on all aspects of water, electricity and gas schemes and undertakings, both for utility companies and for private persons. This has included extensive work on pipes, mains and cables. He has also, for example, appeared at inquiry on behalf of the Environment Agency in respect of water abstraction licences.

Highways

He has advised extensively on highway issues (including footpaths etc and highway diversion and stopping-up). He has appeared at inquiries held to deal with highway questions under various legislative regimes, both where the question arises in isolation – eg an alleged public right of way on foot or a bridlepath diversion – and where it forms part of wider schemes – eg where an existing road will be crossed by a proposed tramway or an existing road bridge over a railway needs to be modified to allow for new operational rail works.

Railways and Tramways

As noted above, he has promoted or opposed numerous major rail schemes before Select Committees of both the House of Commons and the Lords. He has promoted a significant number of tram schemes (for the relevant Passenger Transport Executive) under the Transport and Works Act, including Leeds Supertram and various proposals in Birmingham. He was instructed by the British Waterways Board to oppose the Nottingham Tram scheme. He regularly advises on aspects of railway law.

Harbours, inland waterways, law of tidal and non-tidal navigation

He is regarded as one of the foremost practitioners in this field. He has advised on and promoted harbour powers (by harbour order under the Harbours Act 1964) for numerous port authorities and ports, including the Bristol Port Company (the recent harbour order authorizing a major new deep-sea container facility at the Port of Bristol, Associated British Ports (the West Solent Order and Dibden Bay in respect of Southampton, a new container facility at Hull), a new fishery harbour at Poole, new powers at the Port of Exeter and at Yarmouth (IoW) and for the Port London Authority. He has also opposed various other orders. He promoted a harbour order in respect of the West Pier Brighton, persuading the Secretary of State that the pier was indeed a harbour for the purposes of the Act. He has recently advised on legal aspects of renewable energy hubs at existing ports. He regularly advises on all aspects of inland navigation (clients include British Waterways, the Commissioners of the River Cam, the Broads Authority) and tidal navigation. He successfully promoted the recent harbour order for Yarmouth (Isle of Wight) which order considered, amongst other things, an extended role for general directions. He is appearing at an inquiry into the Hinkley C Harbour Empowerment Order.

Statutory challenge and judicial review

He has advised and/or appeared on numerous statutory challenges (under eg the Planning Acts) and judicial review proceedings, both for claimants and defendants (and interested parties). Most recently he represented Nuon on a statutory challenge to the Secretary of State’s refusal of consent for the large Airfield Farm wind farm, raising various issues including environmental impact assessment; the Secretary of State consented to judgment.

Other Inquiries and inquests

He has appeared in/advised on various cases under other legislation and statutory codes. Examples include appearance at the Thames Safety Inquiry and, representing the Port of London Authority, at the Formal Investigation before a Wreck Commissioner (under the Shipping Acts) into the Marchioness Disaster.

Work outside England and Wales

He is additionally called in Ireland. He has also on several occasions been instructed to promote major infrastructure schemes at public inquiry in Scotland (including the very large Harestanes wind farm – see above).

Qualifications and Appointments

• Call 1995 Irish Bar (King’s Inns, Dublin)
• BA (Dunelm)
• Member of the Administrative Law Bar Association, Planning and Environmental Bar Association, and the Parliamentary Bar Mess