Practice Profile

Clive Newberry QC has a specialist planning and environmental practice which embraces major infrastructure works (including Transport and Works orders); highways; housing (particularly where design is involved); listed buildings; equestrian development (for leading racing and eventing stables) and retail.   He represents some of the world's finest restaurants on both planning and licensing.  Strategic advisory work for major developments is also one of his specialisms.

Cases of Note

• Seeking to vary conditions and licence for a waste transfer station
• Compulsory purchase and relocation for a church group
• Securing withdrawal of a series of enforcement notices for a sewage works
• R. v. Surrey County Council ex parte Bridge Court Holdings - this is the only authority relating to the revocation of certificates of lawful use
• Acting for a major estate owner, by resisting enforcement notices for leisure facilities constructed within an estate in Hampshire

Experience

PLANNING

Clive Newberry specialises in detailed advisory and strategic, and often controversial, planning work.

Such as:

• Resisting and achieving a grant of planning permission on the Wentworth estate
• Hotel extensions in Mayfair and adjoining Windor Great Park
• Cases for leading racing stables including resisting an enforcement notice for a world class three day eventing establishment, and residential accommodation for key staff
• A Stopping up order for major residential development
• Acting for a major estate owner, by resisting enforcement notices for leisure facilities constructed within an estate in Hampshire
• Resisting development which impinged on an ancient monument for a residents association
• Advising a large garden centre in Essex on CLEUD application
• Critical footpath diversion for national cement producer
• Advising major estate on provision of world class polo facility
• Planning application for an expanding shop in Portobello Road, which expanded into the adjoining property causing loss of residential accommodation
• R. v. Surrey County Council ex parte Bridge Court Holdings - this is the only authority relating to the revocation of certificates of lawful use
• Advising a major provider on off airport carparking
• Advising local authorities on granting planning permission on telecommunication masts
• Overcame enforcement notice to demolish £1.5m stables next to Victorian racecourse
• Advising on conversion of a Grade II listed building in Kensington and Chelsea to a single residential unit

Wide experience in Listed Building and Conservation Area work,particularly in central London. He is currently engaged in development in a major London Georgian square leading a multi disciplinary scheme. Past cases involve major schemes in the heart of Westminster. He has previously been a member of the RIBA design panel.

He also has extensive experience of acting for major housing developments and housebuilders.

ENVIRONMENTAL

Environmental work includes advising on a community facility in the Green Belt; resisting enforcement notice for a major statutory water and sewage undertaking; and promoting a waste transfer station and varying its license

PARLIAMENTARY

Clive has appeared for several Crossrail objections, in particular advising a world class recording studio and getting an effective settlement where Crossrail would not impact on the studio's day-to-day work.

 REGULATORY CRIME 

Clive Newberry recently appeared in defence of a waste operator at a three week Jury trial. The case involved both corporate liability and the personal liability of a director, and highlighted the need for familiarity with the inter relationship of over lapping regulations in this complex area.  It also emphasised the need for proper safe systems of work which can stand up to scrutiny both in their drafting and practical implementation.

Qualifications and Appointments

• Formerly a solicitor of the Supreme Court
• Sits on a design committee for RIBA
• Fellow of the Royal Society of Arts
• Fellow of the Society for Advanced Legal Studies
• Member of Planning and Environment Bar Association and the Administrative Law Bar Association
• Sits as an Immigration Judge