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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.

Cases of Note

Notable examples include

  • Major housing developments at the Milton Keynes South Midlands Sub-Regional Strategy Growth Area (1320 dwellings) and the Ashford Growth Area (1200);
  • Bracknell Sub-Regional Retail Development;
  • Hinckley Point ‘C' Nuclear Power Station;
  • Vale of Belvoir Coalfield;
  • The Reebok Stadium and other developments at Bolton Wanderers FC, Gillingham FC, Barnet FC, Leyton Orient FC and York City FC;
  • Mid Kent Water and Southern Water Drought Orders;
  • Hodgetts v Chiltern DC (HL) (continuing offences in enforcement control);
  • 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) (bias
  • MacGay Ltd v SSETR (CA) (impact of ministerial policy statements);
  • Oxford City Council v Secretary of State (CA) (fixing of council tax);
  • 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);
  • 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).

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)

 

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