Practice Profile

 Hereward is consistently rated as one of the leading juniors in the field of planning law in Chambers and Partners, the Legal 500 and the RTPI Planning magazine survey.  Recent comments include:
"Undoubtedly a rising star, Hereward Phillpot is one of the "new breed" of barristers who are down-to-earth, extremely bright and likeable" The Legal 500 2011
"Hereward Phillpot performs with a maturity beyond his years - he always remains calm and has the ability to inspire confidence" Chambers and Partners 2011

His practice covers all aspects of planning and environmental law, judicial review and statutory challenge.  Regularly appearing in both public inquiries and the High Court, he acts on behalf of the Government, developers, local planning authorities and third parties.  He is also junior counsel to the Crown (B Panel).

Hereward has particular expertise and experience in dealing with nationally significant infrastructure projects and other major strategic developments such as sustainable urban extensions, large housing schemes and transport projects.

He is a member of PEBA, ALBA and NIPA, and sits on NIPA's Legislation and Guidance Working Group.

Cases of Note

Administrative Court

Hereward has extensive experience of Administrative Court litigation, not least in challenging and defending decisions of local planning authorities and of the Planning Inspectorate and the Secretary of State. 

Notable cases include:

• Helioslough Ltd v. SSCLG [2011] EWHC 2054 (Admin)
• Britannia Assets (UK) Ltd v. SSCLG [2011] EWHC 1908 (Admin)
• Morbaine Ltd. v. (1) Secretary of State (2) Aylesbury Vale DC [2011] EWHC 681 (Admin)  Simpson v. Secretary of State [2011] EWHC 283 (Admin)
• Bella Vista Restaurant Ltd. v. Secretary of State [2011] EWHC 510 (Admin)
• Leeds CC v. (1) Secretary of State (2) Libra Demolition Ltd [2010] EWHC 1412; [2010] JPL 1468
• R (Byfield) v. Hackney BC [2009] EWHC 2399 (Admin)
• David Morris v. (1) Secretary of State (2) LB Haringey (3) Presentation Housing Association [2009] EWHC 1656 (Admin)
• R (Fladgate Fielder LLP) v. (1) WCC (2) Land Securities [2009] EWHC 991 (Admin)
• St Edmundsbury BC v. Secretary of State [2009] JPL 434
• Fewings v. Secretary of State [2009] JPL 433
• R (London & Stamford Investments Ltd) v. (1) Stoke on Trent CC (2) Prologis Ltd [2008] EWHC 2746 (Admin)
• Hillingdon LBC v. (1) Secretary of State (2) Autodex Ltd. [2008] JPL 1486
• Ensign Group Ltd. v. Secretary of State [2007] JPL 141
• Takeley PC v. (1) BAA (2) STAL (3) Secretary of State [2007] JPL 126
• Searle v. Secretary of State (2007) JPL 656
• R (Candlish) v. Hastings BC [2006] JPL 22
• R (Port Regis School Ltd.) v. North Dorset DC [2006] JPL 1695
• R (Hart Aggregates Ltd) v. Hartlepool BC [2005] JPL 1602
• R (Alconbury Developments Ltd) v. Secretary of State [2001] 2 WLR 1389

Town and Country Planning Act 1990, Transport and Works Act 1992, Planning Act 2008

Hereward has very considerable experience in promoting and resisting a wide variety of development proposals and compulsory purchase and associated orders.  He regularly appears in public inquiries on behalf of developers, local planning authorities and third parties, is currently advising various developers promoting schemes before the Infrastructure Planning Commission, and has appeared on behalf of objectors in Hybrid Bill proceedings in the Houses of Parliament.

Notable current infrastructure cases include promoting a new nuclear power station at Hinkley Point in Somerset on behalf of EDF, and promoting the Thames Tunnel on behalf of Thames Water.  Previous infrastructure cases have included promoting the expansion of Stansted Airport on behalf of BAA, and acting on behalf of various objectors to the Crossrail, Thameslink 2000 and Camden Underground Station redevelopment schemes.

Notable recent planning cases include promoting and resisting various major mixed use sustainable urban extensions, strategic employment sites and large housing schemes, retail proposals, a new tall building in London, the creation of compensatory inter-tidal habitat pursuant to the Habitats Directive, the redevelopment of a variety of listed buildings for residential, hotel and health spa uses, the redevelopment of Hammersmith Palais and the redevelopment of Stoke Mandeville Hospital.

Advisory work

Hereward has extensive experience in advising on all aspects of planning and environmental law.  Clients include the Lord Chancellor, the Department for Communities and Local Government, the Department for Energy and Climate Change, the Environment Agency, the Highways Agency, EDF, Hallam Land Management, Barratt, BAA, Tesco, Thames Water, B&Q, Land Securities, British Waterways, Mars Pension Trustees Ltd., Westminster City Council, London Thames Gateway Development Corporation, London Borough of Tower Hamlets, London Borough of Hammersmith & Fulham, London Borough of Merton, London Borough of Newham, London Borough of Barnet, London Borough of Hillingdon, London Borough of Sutton, Nottingham City Council, and Aylesbury Vale District Council.

Publications

• "When He Who Hesitates is Lost: Judicial Review of Planning Permissions" [2000] JPL 564
• "Judicial Review: Some Practical Guidance for Local Planning Authorities" [2008] JPL 1551

Qualifications and Appointments

• BA (Hons) History (First Class) - University of York
• Diploma in Law (CPE) - City University
• Postgraduate Diploma EC Law - King's College, London
• Gray's Inn Prince of Wales Scholar
• Attorney General's ‘B' Panel of Counsel