Practice Profile

Douglas Edwards practices in the fields of planning, compulsory purchase environment, administrative and local government, highway law and property law. He also has particular expertise in the law relating to common land and greens.

He appears regularly for both appellants and local planning and other authorities at inquiries and in the courts.

Douglas Edwards has recently been appointed by the Governments as an assistant boundary commissioner and lead assistant commissioner for the East Midlands. His role will involve holding hearing and considering representations into proposals to modify Parliamentary constituencies.

"'A truly excellent and very talented barrister,' he has represented a number of high-profile clients on major cases."
Chambers & Partners, 2010

"Douglas Edwards ...is ‘always in demand'."

 "Douglas is someone 'who can be relied upon to know the law and the courts backwards'"
Chambers & Partners, 2008

Cases of Note

• Barnett v Secretary of State for Communities and Local Government, heard in March 2009 and in which the Court of Appeal introduced a radically new approach to the interpretation of planning permissions;
• Represented Lambeth LBC in R (oao Blow Up Media) v Lambeth LBC [2008] EWHC 1912 which deal with a wide range of issue concerning use of enforcement power in respect of advertisements and interpretation of schemes of delegation;
• Represent developers in successful appeal for large new shopping centre in Kirkstall, Leeds;
• Represented Oxford City Council in opposing controversial development at Jericho Canalside, Oxford;
• Appeared for Islington Council to oppose a new 39 storey development at Old Street, London.
• Representing a landowner at an 10 week inquiry into proposal for an urban extension to Derby;
• Appeared for the Port of London Authority and TFL in an enforcement appeal concerning the entitlement of river boats to moor on the Thames; the enforcement notice was quashed;
• In McLaren v Kubiak (2007) EWHC Ch. 213, appeared for the defendant who successfully obtained an order striking out an application for a declaration that land could not be registered as green. He succeeded in persuading the court that it had no jurisdiction to decide whether land qualified as a green.
• High Peak Borough Council v Derbyshire County Council (2007) EWHC Ch 31 - he appeared for the county council in a case concerning its decision to register land as green; the court held that where any part of the land applied for was a green, there was an obligation to register land as a green.
• Appeared for Oxfordshire County Council in an important case concerning the stopping up of footpaths and bridleways through BMW's Plant Oxford
• Oxford City Council v. Oxfordshire County Council, ex parte Robinson [2006] HL - Douglas Edwards led Jeremy Pike for the successful Mrs Robinson in this recent House of Lords village green case;
• Represented the local planning authority in the recent public inquiry into Thames Water's application for a desalination plant on the Thames at Beckton;
• Appeared for the Port of London Authority at the inquiry into a large housing scheme at Peruvian Wharf which would involve the loss of a safeguarded wharf;
• West Stevenage Consortium - six month inquiry into 5,000 unit housing scheme at West Stevenage
• Thameslink 2000 - opposing the TWO on behalf of London Borough of Southwark
• Appeared for the successful appellant before the House of Lords in R v Sunderland City Council ex parte Beresford concerning town greens and the requirement for use "as of right";

Experience

Planning

Douglas Edwards planning inquiry practice has engaged a wide range of issues over the last year including major retail schemes, housing development, development of docks and proposed tall buildings. He represented the successful developers of a large retail park near Leeds as well as several large residential developments. In 2010, he also appeared for a local planning authority in respect of a proposal for a 39 storey tower in central London. In 2010 he appeared for the appellant in Barnett v Secretary of State [2008] EWHC 160, an important case concerning interpretation of planning permissions.

Douglas has a particular expertise in advising and appearing in mattes concerning the interpretation and enforcement of planning obligations. He is asked frequently to advise local authorities and developers in respect of disputes concerning planning obligations and has acted recently in several matters which have proceeded to arbitration and to trial before the Chancery Division in this field.

Douglas has developed considerable experience in advising local authorities and their development partners concerning land assembly exercises. He has particular experience in the operation of the procedure for compulsory acquisition  as well as  appropriation of local authority land and its implications including in respect of extinguishment of covenants and rights of way and in respect of the compensation provisions which follow there from. He is at present engaged to advise a local authority concerning the appropriation of land for major housing development in the Midlands together with the various compensation claims which have arisen.

He has considerable experience of planning enforcement both at inquiry and in the High Court in the context of injunction applications.  He is regularly instructed by local planning authorities for complex enforcement cases and is noted for handling detailed factual disputes arising under ground (d) appeals and in lawful development certificate matters.  He has considerable experience of gypsy and traveller work. In 2008 he appeared for Lambeth LBC, the successful respondent, in a judicial review which considered a wide range of issues concerning planning enforcement against advertisements and interpretation of schemes of delegation (R (oao Blow Up Media) v Lambeth LBC [2008 EWHC 1912 (Admin).

Douglas had been instructed on a number of listed building cases and has developed particular expertise in advising upon, and appearing at, inquiries in relation to enabling development proposals affecting listed buildings and in applying the guidance published by English Heritage concerning that subject.

His other areas of specialism include mineral planning (in which he has recently had two notable successes, one for an appellant and one for a mineral planning authority) and also water and riverbank related development. He appeared recently in a controversial inquiry concerning the right to moor vessels temporarily on the River Thames.

He has also developed a specialist practice in respect of permitted development rights and their application.  He advises widely on this issue and has recently won an important case in the High Court concerning the construction of agricultural permitted development rights - Dennis v. Sevenoaks District Council [2004] EWHC 2758 (Admin).

His recent notable inquiry cases include appearances at:

• Heathrow Terminal 5 inquiry - for the consortium of local authorities
• The Euston remodelling scheme - for Network Rail
• West Stevenage
• Downing Roads Moorings - an appeal relating to re-use of ancient moorings along the Thames;
• Conjoined inquiries into urban extensions to Derby heard in 2008.

His notable reported court cases include:

• Barnett v Secretary of State [2009] EWCA 1975, an important case concerning interpretation of planning permissions.
• R (oao Blow Up Media) v Lambeth LBC [2008 EWHC 1912 (Admin).
• concerning planning enforcement
• R. v. Derbyshire County Council ex parte Woods (1997) JPL 958 - approach to interpretation of planning policy guidance
• Persimmon Homes Ltd. v. North Herts District Council - power to withdraw a local plan after it is placed on deposit
• Riordan Communications Ltd. v. South Bucks District Council (2000) 1 PLR 45
• R (TAPP) v. Thanet District Council (2001) P&CR 22 - intensification as a material change of use
• R (Bell v. Waveney District Council [2001] P&CR 17 - discretion to extend time in judicial review brought by public

Environmental Law

Douglas has a busy practice in the field of environmental law.  He advises and appears regularly in statutory nuisance appeals for both local authorities and commercial operators in both the civil and criminal courts.  His clients include a considerable number of large industrial companies and public utilities.  He has had particular experience also in private nuisance cases and has acted in several cases concerning nuisance arising from the agricultural sector and from the operations of the water industry,.  He has wide experience of dealing with expert noise and odour evidence both in the planning and environmental context.

He has recently been instructed by a London local authority in the first reported action in the High Court for an injunction to restrain a serious statutory nuisance from a licensed premises where criminal proceedings has not proved to be adequate remedy.

He has also prosecuted and defended in criminal proceedings involving breach of the IPC and waste management licenses.  He has recently successfully defended a multi-national company against a range of offences brought under part 1 of the Environmental Protection Act 1990.

In the environmental field, Douglas has particular experience in water related matters and has recently been heavily involved in statutory nuisance proceedings against a water utility, in an inquiry into a discharge consent application for a water utility and is presently engaged in a large civil claim by a landfill operator against a water company in respect arising out of a trade effluent agreement.

Compulsory Purchase & Compensation

Douglas appears regularly for claimants and acquiring authorities at CPO inquiries and in the Lands Tribunal. He appeared recently in a large and complex loss of profits claim arising from a road scheme. He appeared as junior to Robin Purchas QC in a major claim arising from an urban development scheme in the West Country.

Douglas has particular experience in respect of disturbance claims and has acted and advised recently in respect of several cases which give rise to disturbance issues.

He also has particular experience in compensation claims arising from extinguishment of covenants and rights of way following acquisition of appropriation of land and is presently retained by a local authority who are addressing several substantial claims following appropriation of land under the Town and Country Planning Act 1990.

Douglas is on the list of approved counsel to act for Transport for London in respect of claims arising from the Crossrail project.

Town and Village Greens

Douglas is one of the leading practitioners in this complex and specialist field.  He appears regularly for landowners and applicants at inquiries and has advised extensively on the subject. He is also asked regularly to sit as an inspector on behalf of registration authorities.

In 2008 he appeared for the successful landowner in objecting to an application to register land at Brill, Buckinghamshire as a village green. The case gave rise to important issues concerning whether land held by a local authority under the housing acts is capable of becoming a green.

He also appeared in 2008 to oppose successfully a controversial application to register a large development site in Woking as a green. The lengthy inquiry into this application gave rise to complicated legal issues including whether a highway could be registered as a green.

In 2011 he appeared for Persimmon homes to successfully oppose an application to register as a green a large area of Weston Airfield, Somerset and in the same year appeared for Fairview Homes in their successful opposition to registration of land in Hertfordshire.

Douglas appeared for Miss Robinson in the House of Lords, as well as the lower courts, in the "Trap Grounds" case (formally reported as Oxford City Council v. Oxfordshire County Council and Robinson.  This case raises a range of critical issues as to the determination and administration of applications to register land as a town or village green.

Other important cases he has appeared in include:

• R. (Beresford) v. Sunderland City Council (2004) 1 AC 889 - he appeared for the successful appellant in this decision in which the House of Lords, overturning the lower courts, held that the implied permission of a landowner was not capable or rendering use other than as of right.
• McLaren v Kubiak [2007] EWHC 1065 (Ch) - he appeared for the defendant who successfully obtained an order striking out an application for a declaration that land could not be registered as green. He succeeded in persuading the court that it had no jurisdiction to decide whether land qualified as a green.
• High Peak Borough Council v Derbyshire County Council - he appeared for the county council in a case concerning its decision to register land as green; the court held that where any part of the land applied for was a green, there was an obligation to register land as a green.

Parliamentary

Douglas' recent parliamentary practice has involved representing several landowners and developers as petitioners against the Crossrail Bill. He appeared for Network Rail in its petition against powers sought to be taken through the London Local Authorities Bill in 2007.

Highways

From his early days in practice, Douglas has been instructed to appear and advise on a wide range of highway related matters.

He has promoted substantial road schemes both for the Highway Agency and for local highway authorities.  These schemes have involved both orders under the Highways Act 1980 and compulsory purchase orders.

He has appeared in many inquiries concerning applications to modify the definitive footpaths map made under the Wildlife and Countryside Act and applications to stop up or divert footpaths. 

Cases included:

• Acting for Network Rail on several such applications involving unsafe level crossings.
• R (Hargrave) v. Stroud District Council (2003) 1 P&CR 1 - he appeared in both the High Court and the Court of Appeal in this case, which established the power for a local authority to abandon a footpath diversion order after it was made.
• Thames Water Utilities Ltd. v. London Underground Ltd. - which concerned the cost sharing provisions under the New Roads and Street Works Act 1991.

Property Law

Douglas has acted in an advisory capacity and as an advocate in a wide range of property matters including landlord and tenant, mortgages, easements and restrictive covenants. He appears regularly in the Chancery Division and higher courts, before the Lands Tribunal (in particular in respect of restrictive covenant matters) and before the residential property tribunal.