Practice Profile

Craig specialises in planning and environment law and related areas of public law. He is acknowledged as one of the leading practitioners in the field and has acted in some of the most high profile cases. He represents developers and operators, local authorities, third parties and others at public inquiries and a range of other tribunals. He is regularly involved in large planning/infrastructure schemes such as proposals for urban extensions, new settlements, airport expansions, new roads, reservoirs and also in employment, leisure, retail and other commercial development projects. He is often instructed at an early stage of a case to give advice on strategy and also for guidance on early negotiations and the preparation of formal documents as appropriate for the relevant legal process. His experience is extensive and shows versatility across many different kinds of legislative regime, for example heritage and listed buildings, compulsory purchase and compensation, applications under the Wildlife and Countryside legislation, advertisement regulations, rights of way and aggregates levy. In court he served on the Treasury Supplementary Panel of Junior Counsel and has more recently appeared in a number of significant cases. He was appointed to silk in 2009. He is also a CEDR Accredited Mediator (click here to see mediation profile) and was recently appointed as a member of the RICS Planning and Environment Mediation Panel.  

Craig is one of the top-rated silks in the Planning Magazine Survey 2010. Commendations (from Planning Magazine, and Chambers and Partners and Legal 500 directories) include: "a superb barrister. He is supportive and very tactful when telling his client how to do things"; "A "conscientious, extremely hard-working" individual who "leaves no stone unturned" and his presentation skills are acknowledged as "really quite superb""; "a team player who comes over well with inspectors and clients. He has an eye for detail and can look at cases from different perspectives"; "a "controlled and balanced high-quality performer at large planning inquiries and appeals"; is "both thorough and at the same time practical ... he always bothers about the case, seeking all the while not to miss a trick...old fashioned courtesy""; "precise and timely advice in a friendly, approachable manner".

Cases of Note

• R v Bristol City Council ex parte Anderson [2000] 79 P&CR 358 - a judicial review challenge relating to the validity of planning conditions in the Court of Appeal on behalf of the developer
• The Heathrow Terminal 5 Inquiry on behalf of 10 local authorities
• The Alconbury Airfield Inquiry and R (Alconbury Developments Ltd) v. SSE [2001] 2 WLR 1389 in the Divisional Court and the House of Lords on behalf of the developers
• St Albans - an inquiry into a ground breaking scheme for key worker affordable housing on behalf of Laing Homes Ltd
• Moto Hospitality Ltd v. The Highways Agency - a claim under Section 10 of the Compulsory Purchase Act 1965 in the Lands Tribunal [2006] RVR 280 (LT) and the Court of Appeal [2007] EWCA Civ.764 (CA) on behalf of Moto
• Customs and Excise Commissioners v. East Midlands Aggregates Ltd [2004] STC 1582 - a claim for exemption from Aggregates Levy under the Finance Act 2001 in the VAT and Duties Tribunal and the Chancery Division of the High Court on behalf of the aggregates company
• Center Parcs - an inquiry into a proposal for a new holiday village in the Green Belt in Bedfordshire on behalf of Center Parcs
• Mereham - an inquiry into a new settlement to the north of Cambridge on behalf of Multiplex Stannifer
• Church Crookham - an inquiry into significant housing development in Hampshire on behalf of Taylor Wimpey
• Longstone Edge - appeals and litigation into fluorspar mining and enforcement issues in the National Park in Derbyshire on behalf of the minerals company
• Kent International Gateway - an inquiry into a very large rail connected logistics development on behalf of Kent County Council
• BAE Systems - appeals under the Wildlife and Countryside Act 1981 in relation to culling of birds on a Special Protection Area on behalf of BAE Systems Ltd
• Pye (Oxford) Ltd v SSCLG - a High Court challenge to the Secretary of State's adoption of the South East Plan in relation to the failure to carry out Strategic Environmental Assessment on behalf of the developer

Experience

Administrative law and judicial review: eg R v Bristol City Council ex parte Anderson [2000] 79 P&CR 358 - a challenge relating to the validity of planning conditions in the Court of Appeal on behalf of the developer; R v Environment Agency ex parte Turnbull [2000] 8 Env.LR 715, relating to waste management licensing and BSE, on behalf of the Government's Intervention Board, in the High Court; R (Alconbury Developments Ltd) v SSE [2001] 2 WLR 1389, relating to the planning process and Article 6 of the Convention on Human Rights, on behalf of the developers, in the Divisional Court and the House of Lords; R (Adlard) v SSE and Fulham Stadium Limited [2002] EWHC Admin 7, relating to a challenge to a call-in decision, on behalf of the London Borough of Hammersmith and Fulham, in the High Court; JA Pye (Oxford) Homes Ltd v SSCLG (2010), relating to the quashing of parts of the South East Plan, in the High Court.

Compulsory purchase and compensation: eg Inquiries in London Docklands relating to the acquisition of land and rights (in particular for new highways infrastructure) on behalf of the London Docklands Development Agency; Moto Hospitality Ltd v. The Highways Agency - a claim under Section 10 of the Compulsory Purchase Act 1995 in the Lands Tribunal and the Court of Appeal, on behalf of Moto; The Abberton Reservoir Scheme - a compulsory purchase case under S155 of the Water Industries Act 1991 and the Acquisition of Land Act 1981, relating to a large scale water transfer and storage scheme, instructed by the acquiring water company; the Stansted Airport inquiry - advising Legal and General in relation to landholdings and objections to the proposed expansion of the airport; Chui v Waverley Commercial Ltd & Amphtill Town Council - acting as appointed Mediator in a dispute for compensation under s237 of the Town and Country Planning Act 1990; various advice work in relation to compensation matters eg the acquisition of rights associated with the infrastructure required for the Olympics.

Planning: 

Residential and employment development: numerous inquiries and advice eg for Charles Church, Laing Homes Ltd, Robert Hitchins Ltd, Redrow, Taylor Wimpey, Multiplex, Registered Social Landlords and local authorities.

Retail and leisure: numerous inquiries and advice eg for Tesco and Safeway; a new Centre Parcs village in the Green Belt in Bedfordshire.

Strategic land and new settlements: numerous inquiries and advice eg Mereham - an inquiry into a proposal for a new settlement near Cambridge on behalf of Multiplex Stannifer; Church Crookham - a large urban extension at Fleet in Hampshire on behalf of Taylor Wimpey; Pye (Oxford) Ltd - a new settlement proposal in Oxfordshire on behalf of Pye (Oxford).

Development Plans: numerous inquiries and advice to developers and local authorities eg promoting the Surrey Heath Borough Plan; objections to various local plans and LDF documents; and a high court challenge to the South East Plan.

Other: further examples of planning related work are given under other sub-headings

Listed buildings, conservation areas and trees: eg the Power House proposal - an inquiry into a major residential scheme adjoining two conservation areas in Chelsea designed by Piers Gough; the Hurstbourne Priors proposal - an inquiry into a PPS7 exceptions house designed by Robert Adam; the North Foreland Lighthouse scheme - an inquiry into a proposal for a radar tower near to a listed lighthouse on the Kent coast on behalf of the HM Coastguard/Maritime Agency; Hampden Court House, a hearing into an enforcement notice and planning appeals relating to proposals for a change of use of a listed building within grounds listed grade 2* in the Register of Parks and Gardens of Special Interest, near to grade 2* structures, all situated in a Conservation Area. 

Environment law:  eg Longstone Edge - enforcement proceedings relating to open cast mining activities in the Peak District National Park, on behalf of the mineral operator; Church Crookham - an inquiry into a large urban extension to Fleet in Hampshire involving issues as to effects on nearby SPA/SSSIs, on behalf of the developer; the Abberton Reservoir Scheme - an inquiry into a large scale water transfer and storage scheme involving RAMSAR/SPA issues instructed by the water company; Mereham - an inquiry into a new settlement near Cambridge involving issues as to energy and utilities infrastructure, on behalf of the promoter; R v. Environment Agency ex parte Turnbull [2000] 8 Env LR 71 - an application for judicial review, relating to waste management licensing and BSE, on behalf of the Government's Intervention Board, in the High Court; Customs and Excise Commissioners v East Midlands Aggregates Ltd, relating to Aggregates Levy and the Finance Act 2001, on behalf of the aggregates company, in the VAT and Duties Tribunal and the Chancery Division of the High Court [2004] STC 1582; R (on the application of Bleaklow Industries Ltd) v SoS CLG [2008] EWHC 606, an appeal under Section 289 of the Town and Country Planning Act 1990 relating to mining activities in the Peak District National Park, in the High Court; R (on the application of Hart District Council) v SoS CLG and others [2008] EWHC 1204 (Admin), relating to the interpretation of the Conservation (Natural Habitats &c) Regulations 1994, on behalf of an interested party, in the High Court; BAE Systems - appeals under the Wildlife and Countryside Act 1981 relating to culling of birds on an SPA/SSSI/RAMSAR site, on behalf of BAE Systems.

Mediation: Craig is a CEDR Accredited Mediator. He acted as Mediator in the case of Chui v Waverley Commercial Ltd & Amptill Town Council (in the Lands Tribunal) (2009) (relating to a claim for compensation under S237 of the Town and Country Planning Act 1990) and has more recently acted as Assistant Mediator in cases varying in subject matter even beyond the planning and environmental field. (see separate Mediation profile)

Outdoor advertising: eg inquiries/hearings/advice for JC Decaux, Van Wagner UK Ltd, Ad-Air and BlowUp Media.

Major infrastructure projects, Transport and Works Act Orders and Parliamentary bills: eg The Terminal 5 inquiry - an inquiry into proposed airport expansion at Heathrow, on behalf of 10 local authorities; Alconbury Airfield - an inquiry into a large rail connected logistics proposal, on behalf of the developer; The Abberton Scheme - an inquiry into a large scale water transfer and storage scheme on behalf of the water company; Kent International Gateway - an inquiry into a large rail connected logistics proposal on behalf of Kent County Council; new settlements proposals (see above); bills in Parliament including the London Docklands Light Railway Bill on behalf of Rosehaugh Stanhope and rail schemes on behalf of British Rail.

Waste, mines and quarrying: eg advice to and representation for Grundons in relation to waste disposal; Longstone Edge - enforcement proceedings and litigation relating to open cast mining activities in the Derbyshire National Park, on behalf of MMC Mineral Processing Ltd instructed by Marrons.

Aggregates levy: eg Customs and Excise Commissioners v. East Midlands Aggregates Ltd [2004] STC 1582 - a claim under the provisions of the Finance Act legislation for exemption from levy in the VAT and Duties Tribunal and the Chancery Division of the High Court, on behalf of East Midlands Aggregates Ltd instructed by Hewitsons; advice in relation to liability created by the construction of the Channel Tunnel Link, instructed by Union Railways (North) Limited; appeals in relation to liability to levy arising from mining activities in the National Park in Derbyshire, in the VAT and Duties Tribunal on behalf of MMC Minerals Processing Ltd instructed by Eversheds.

Court cases: eg R v Bristol City Council ex parte Anderson [2000] 79 P&CR 358, relating to planning conditions, on behalf of the developer, in the Court of Appeal; R v Environment Agency ex parte Turnbull [2000] 8 Env.LR 715 relating to waste management licensing and BSE, on behalf of the Government's Intervention Board, in the High Court; R (Alconbury Developments Ltd) v SSE [2001] 2 WLR 1389, relating to the planning process and Article 6 of the Convention on Human Rights, on behalf of the developers, in the Divisional Court and the House of Lords; R (Adlard) v SSE and Fulham Stadium Limited [2002] EWHC Admin 7, relating to a challenge to a call-in decision, on behalf of the London Borough of Hammersmith and Fulham, in the High Court; Customs and Excise Commissioners v East Midlands Aggregates Ltd [2004] STC 1582, relating to Aggregates Levy, building works and the Finance Act 2001, on behalf of the aggregates company, in the Chancery Division; Moto Hospitality Ltd v. The Highways Agency, relating to a claim under Section 10 of the Compulsory Purchase Act 1965, in the Lands Tribunal [2006] RVR 280 (LT) and in the Court of Appeal [2007] EWCA Civ 764 (CA); R (on the application of Hart District Council v SSCLG [2008] EWHC 1204 (Admin) relating to the interpretation of the Conservation (Natural Habitats &c) Regulations 1994, on behalf of an interested party, in the High Court; R (on the application of Bleaklow Industries Ltd) v SSCLG [2008] EWHC 606, an appeal under Section 289 of the Town and Country Planning Act 1990 relating to mining activities in the Peak District National Park, in the High Court.

Qualifications, Appointments and Professional Affiliations

• BA (Hons), Leeds University
• Diploma in Law
• Band Award from Grays Inn
• Date of Call - 1983 (Grays Inn)
• Date of appointment to Queen's Counsel - 2009
• Attorney General's Supplementary Panel of Junior Counsel (1993-1999)
• Member of the Planning and Environment Bar Association
• Secretary of the Planning and Environment Bar Association (1994-1996)
• Member of the Parliamentary Bar Mess
• Chairman of the London Luton Airport Consultative Committee (S35 of the Civil Aviation Act CAA 1982) (1999-2002)
• Member of the RICS Books Publishing Steering Committee (2005-2006)
• CEDR Accredited Mediator (2005)
• Trustee of Planning Aid for London (Registered Charity) (2007)
• Member of the Civil Mediation Council (2009)
• Member of the RICS Planning and Environment Mediation Panel (2009)
• Member of Steering Group assisting Leonora Rozee in her report Planning in Mediation (2010)