Practice Profile

Jonathan Milner (LLB Lond) was called to the Bar by Inner Temple in 1977 and since that time has specialised in representing and advising clients in the following principal areas of law: planning and environmental, local government, compulsory purchase, land law, rating and licensing. His main focus of advocacy is planning inquiries, the Administrative Court (statutory challenges and judicial review), the Lands Tribunal (compulsory purchase and restrictive covenants) and licensing hearings.

He has a broadly based planning practice and has appeared at many major public inquiries concerning housing, retail, commercial, industrial and leisure schemes as well as major infrastructure projects including energy, minerals, waste disposal, reservoirs, motorway service areas and airfields. He has promoted a number of UDPs and Local Plans. He also undertakes a wide range of other associated work including water, sewers, highways and commons, as well as  environmental protection, planning and enforcement appeals, EIA, listed buildings and conservation, trees, highways, pollution, water and  housing (generally, including HMOs, space standards and fitness).

Cases of Note

HOUSING

• Major housing developments at the Milton Keynes South Midlands Sub-Regional Strategy Growth Area (1320 dwellings) and the Ashford Growth Area (1200).

RETAIL 

• Bracknell Sub-Regional Retail Development;
• Red Moss Retail Centre, Bolton.

ENERGY INFRASTRUCTURE

• Hinckley Point ‘C' Nuclear Power Station;
  
• Vale of Belvoir Coalfield.

FOOTBALL STADIUMS

• The Reebok Stadium and other developments at Bolton Wanderers FC, Gillingham FC, Barnet FC, Leyton Orient FC and York City FC.

DROUGHT ORDERS

• Mid Kent Water and Southern Water Drought Orders.

PLANNING: LEGAL POINTS OF INTEREST

• Hodgetts v Chiltern DC (HL) (continuing offences in enforcement control);
• Promoted Corporation of London and Barnet UDPs
  
• Billings v FSS (HC) (life of outline planning permissions);
  
• Wear Valley DC v Adamson (CC) (planning injunctions);
  
• Samuel Smith's Old Brewery v Selby District Council (CA) (integrity of duplicate planning decisions);
  
• R v Secretary of State, ex parte Kirkstall Valley Campaign (CA);
• MacGay Ltd v SSETR (CA) (impact of ministerial policy statements);
• R v Sinclair (Manchester Crown Court) (enforcement prosecution in National Park);
  
• Harlowbury Estates v Secretary of State (HC) and Tyler v Avon (CA) (quashing local plans).
  

LOCAL GOVERNMENT FINANCE

• Oxford City Council v Secretary of State (CA) (fixing of council tax).

RESTRICTIVE COVENANTS

• Re Lloyd's Application (LT) and Re Girls' Day School Trust (LT) (modification of restrictive covenants on grounds including, for the first time, public interest). 

LANDLORD & TENANT

• Middlebrook Pottery, Stoke -on-Trent (Prince's Regeneration Trust); Thornaby Town Hall, Stockton-on-Tees; business tenancies under the Landlord & Tenant Act 1954.

LAND LAW

• Restrictive Covenants (including modification and discharge), easements, rights of way and nuisance (including Rylands v Fletcher - Sammons & Robinson v Total UK re underground petrol leakage).

COMMERCIAL LITIGATION

• Agreements for Implementation of commercial development: Nirah v Hanson (Commerical Court)

Qualifications and Appointments

• Member of the Planning and Environment Bar Association and the Parliamentary Bar
  
• Contributes articles on planning law and practice to the Journal of Planning Law and the Solicitors' Journal
  
• He is married with 5 children and his adopted habitat is in Suffolk where he is a member of Battisford Cricket Club (playing) and Bury St. Edmunds RUFC (non-playing)