PRACTICE PROFILE

Craig Howell Williams 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 in 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, and also in employment, leisure, retail and other commercial development projects. 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, highways and aggregates levy. In court he has served as Junior Counsel to the Crown (B Panel) 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 is a member of the RICS Mediation Panel. 

Craig was voted one of the top-rated silks in the Planning Magazine Survey 2011. Commendations (from Planning Magazine, and Chambers and Partners and Legal 500 directories) include:

• a "reputation as a silk with an enviable courtroom panache";
• "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 Prologis, instructed by Marrons
• 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, instructed by DLA Piper
• 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, instructed by Hewitsons
• Center Parcs - an inquiry into a proposal for a new holiday village in the Green Belt in Bedfordshire on behalf of Center Parcs, instructed by Forsters
• Mereham - an inquiry into a new settlement to the north of Cambridge on behalf of Multiplex Stannifer, instructed by SJ Berwin
• Church Crookham - an inquiry into an urban extension to Fleet on behalf of Taylor Wimpey, instructed by Addleshaw Goddard
• Longstone Edge - appeals and litigation into fluorspar mining and enforcement issues in the National Park in Derbyshire on behalf of the minerals company, instructed by Marrons
• Kent International Gateway - an inquiry into a 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, instructed by Addleshaw Goddard
• 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, instructed by SJ Berwin
• The Camberley Mosque - an inquiry into a proposal for a mosque in a Conservation Area in Camberley involving the demolition of locally listed buildings, on behalf of Surrey Heath Borough Council

EXPERIENCE

Craig has considerable experience in planning, environment and related areas of public law, as follows.

PLANNING

Craig has extensive experience and a wide ranging practice in the field of planning 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 in 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, 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 on the preparation of formal documents. His practice covers all areas of development work.  

Residential, Mixed Use and Employment Development Schemes:

Craig has acted for numerous clients in this sector, including representation at appeal and local plan inquiries, eg for Robert Hitchins Ltd (in the south west of England), Taylor Woodrow/Wimpey (Church Crookham), British Land/Countryside Properties (Theale), Goldcrest (Hackney), Laing Homes Ltd (Putney, Maidenhead, East Dulwich, Teddington Hospital), Multiplex (Mereham), Charles Church (Chorleywood), Helical Bar (Fleet), Harrington Properties (Monmouth Local Plan), Martin Grant Homes (Horley Local Plan), Bryant Homes (Surrey Heath Local Plan); and advice to Persimmon Homes, Goldcrest, David Wilson Homes, Alfred MacAlpine; and acting for Registered Social Landlords as well as for local authorities.

Strategic Land, New Settlements and Urban Extensions:

Craig has considerable experience of strategic development schemes, including representation at appeal and local plan inquiries, 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); Robert Hitchins Ltd - various landholdings and development schemes in Gloucestershire and the Forest of Dean; Ashford - acting on behalf of the Church Commissioners in relation to land proposed for the expansion of Ashford; Aylesbury - acting on behalf of a landowners' consortium in relation to the town's expansion; Teignbridge - an inquiry into proposals for the expansion of the town on behalf of the developers.

Retail:

Craig has considerable experience in this sector, as follows.

Appearances at inquiries into planning appeals for retail proposals eg for Tesco Stores Ltd (Ashford, Sevenoaks, Greenwich, Leicester, Thames Ditton, Chepstow, Daventry, Pinner, Lincoln, Walsall, Burnage and Stretford); for J Sainsbury (Kingston upon Thames); for Safeway (Peterborough); for Safeway Stores (Fylde and Cromer); for Carter Commercial Developments Ltd (Clacton and Frinton on Sea); for Somerfield Stores (St Helens); for Ashfield Land Ltd (Bideford); for Northampton BC (Sixfields Retail Park); and for others in relation to retail aspects of mixed use and strategic developments.

Appearances at Local Plan or Unitary Development Plan inquiries eg for Tesco Stores Ltd (Tooting, Merton, Hammersmith and Fulham, Thame, Hounslow, Newnham and Derbyshire Dales).

Advice on retail proposals and other matters eg to Tesco; to Safeway (eg relating to Sunday trading); to Primark; to others in relation to Cardiff Retail Park, Mancetter Square Peterborough, Tamworth, Newnham, Bridgend, Ashbourne and Tring.

Leisure:

Craig has wide experience in this sector and has been involved in numerous leisure development proposals.  

Representation at inquiries into appeal proposals for leisure developments, eg for Centre Parcs - the Bedfordshire village; for Westminster City Council - Caprice Restaurant Grosvenor Square, London; polo facilities in the Green Belt; an inquiry into development of Metropolitan Open Land; an inquiry into a shooting range in the Green Belt.

Advice on leisure proposals and other matters eg golf course development in Essex and in Crawley; an "eco-retreat" in Leicestershire; and leisure aspects of mixed use and strategic developments.  

Highways:

Craig has wide experience of highways projects, including advice on and/or representation at appeal/CPO inquiries, eg motorway and road infrastructure related to the Heathrow Terminal 5 proposal for the local authorities; the East London River Crossing (for the London Docklands Development Corporation); CPO inquiries into roads in London docklands (eg the Lower Lea Crossing, the Poplar Link) (for the LDDC).

Development Plans:

Craig has been involved in many development plan cases, including representation for developers and local authorities at inquiry/hearing, eg promoting the Surrey Heath Borough Local Plan; objections to local plans etc (Aylesbury Vale, Horley, Monmouth); and a high court challenge to the South East Plan.

Listed Buildings, Conservation Areas and Trees:

Craig has wide experience in this field, including advice and representation at inquiries, 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; advice in relation to development implications for the Chichester Walls; the Camberley Mosque proposal - an inquiry into a mosque proposal in a Conservation Area on behalf of Surrey Heath Borough Council.   

Waste, Mines and Quarrying:

Craig has wide experience in this sector eg 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 the mineral operator; an inquiry into Fullers Earth extraction near Redhill, Surrey.

Outdoor Advertising:

Craig has given advice to and appeared at inquiries/hearings for JC Decaux, Van Wagner UK Ltd, Ad-Air and BlowUp Media.

MAJOR INFRASTRUCTURE, TRANSPORT AND WORKS ACT ORDERS AND PARLIAMENTARY BILLS

Craig's experience in this area is wide ranging. His previous work includes: 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; the Kent International Gateway - an inquiry into a large rail connected logistics proposal on behalf of Kent County Council; new settlements proposals (see above under Planning); an inquiry under the Electricity legislation relating to the retention of pylons (via wayleave renewals) across London docklands on behalf of the London Docklands Development Corporation; bills in Parliament including the London Docklands Light Railway Bill on behalf of Rosehaugh Stanhope and rail infrastructure on behalf of British Rail.

COMPULSORY PURCHASE, COMPENSATION AND LAND VALUATION

Craig's experience in this area is wide ranging. His previous work includes: 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, on behalf of 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 over compensation under s237 of the Town and Country Planning Act 1990; acting as Mediator in a dispute over a compensation claim in relation to acquisition of land/rights as part of the Olympics 2012 development project; various advice work in relation to compensation matters eg the acquisition of rights associated with the infrastructure required for the Olympics; Chieveley junction - a compulsory purchase inquiry in relation to proposals for widening the A34/M4 Junction.

ENVIRONMENT 

Craig's experience in this area is wide ranging. His previous work includes: 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 on behalf of 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 and the Court of Appeal [2009] 2 P&CR 21; 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; an inquiry under the Electricity legislation relating to the retention of pylons (via wayleave renewals) across London docklands on behalf of the London Docklands Development Corporation; a High Court challenge to a decision to refuse planning permission for licensed drilling of boreholes for Coal Bed Methane.

OTHER PUBLIC LAW, ADMINISTRATIVE LAW AND JUDICIAL REVIEW

Craig's experience in this area is wide ranging. Reference can be made elsewhere in his profile for examples of his work in the particular areas of Planning, Environment, Compulsory Purchase and Major Infrastructure.

His statutory appeal and judicial review court cases have included: 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; JA Pye (Oxford) Homes Ltd v SSCLG (2010) relating to the quashing of parts of the South East Plan in the High Court.

OTHER SPECIALIST AREAS

Aggregates levy:

Craig's work in this area includes: Customs and Excise Commissioners v. East Midlands Aggregates Ltd - 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 [2005] 1 P&CR 11, 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 and the High Court [2009] STC 1969 on behalf of MMC Minerals Processing Ltd instructed by Eversheds; advice in relation to liability to levy arising from the construction of an underground hydro-electric power station in Scotland.

Mediation:

Craig is a CEDR Accredited Mediator and a member of the RICS Mediation Panel. (see separate mediation profile)

QUALIFICATIONS, APPOINTMENTS AND PROFESSIONAL AFFILIATIONS

• BA (Hons), Leeds University
• Diploma in Law (University of Westminster)
• Band Award from Grays Inn
• Called to the Bar 1983 (Grays Inn)
• Appointed to Queen's Counsel 2009
• Junior Counsel to the Crown B Panel (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
• Member of the United Kingdom Environmental Law Association
• Chairman of the London Luton Airport Consultative Committee (S35 of the Civil Aviation Act CAA 1982) (1999-2002)
• 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 the RICS General Mediation Panel (2010-)
• Member of Steering Group assisting Leonora Rozee in her report Planning in Mediation and in the Delivery of Recommendations Group (2010-)