Practice Profile

Meyric Lewis was described by The Lawyer as "standing out" for his expertise in planning and judicial review. He specialises in all aspects of planning (including environmental assessment) and compulsory purchase both at inquiries and in the courts, including the Court of Appeal and the House of Lords. Clients range from substantial developers to public authorities and individual developers or objectors.

He is frequently reported in the specialist law reports in notable cases. His court practice ranges from judicial and statutory review in the higher courts to prosecutions and other regulatory proceedings in the Crown Court and Magistrates' Court. He has particular experience in proceedings relating to planning enforcement, statutory nuisance and land contamination.

Meyric served as B Panel Counsel for the Secretary of State 1995-2001 defending planning decisions in the High Court

He has published many articles including Expediency in Enforcement [2003] JPL 1106 and The New Procedures for Planning Challenges in the High Court [2008] JPL 1720

He is regularly invited to speak at specialist seminars including RTPI Planning Law Updates and the Planning Inspectorate's Enforcement Conference

 

Areas of expertise:

PLANNING

Inquiries:

• Greater Manchester retail inquiries
• Snoasis Snowdome and wintersports development
• Kingsway Business Park (for North West Development Agency)
• Jersey Marine site, Swansea (for Welsh Development Agency)
• M40 MSAs inquiry/M42 MSAs inquiry
• Babergh District Local Plan (for LPA)
• Oxford City Council West End Area Action Plan (for Oxford City Council)
• Surrey Waste Plan (objection on SPA/Habitats Directive grounds)
• Aldford House, Park Lane (residential scheme in Mayfair/Royal Parks conservation areas)
• Carpenters Road, Stratford (Olympics CPO Land Compensation Act appeal)
• Numerous other developer, LPA and third party inquiries (housing, retail, leisure)
• Particular expertise in enforcement matters (eg Kemble and Llanbedr Airfields, traveller cases, ten year rule, listed buildings, TPOs, criminal proceedings, injunctions and committals)

A selection of court cases:

• Bolton MDC v. Secretary of State, House of Lords - duty to give reasons in planning decisions
• R (Goodman) v. LB Lewisham and Big Yellow Ltd, Court of Appeal - environmental assessment (for Big Yellow)
• Fairstate v. Secretary of State, Court of Appeal - ten year rule in enforcement
• R (Smith) v. Cotswold DC, Court of Appeal - reasons for granting planning permission (successfully resisting appeal against Richard Buxton, solicitors)

• B Panel Counsel for Secretary of State 1995-2001 defending planning decisions in the High Court

Many articles including Expediency in Enforcement [2003] JPL 1106 and The New Procedures for Planning Challenges in the High Court [2008] JPL 1720

Residential

• Laing Homes' development of 180 units at the Triangle Site, Cambridge (also successfully defended their development at Chertsey Bridge, Surrey)
• Advised Barratt Homes on substantial development in Gravesham
• Appeal on behalf of Grosvenor Estate - Aldford House, Park Lane (conservation implications of views from Royal Parks and Mayfair conservation areas)
• Defended grants of planning permission in judicial reviews on behalf of eg LB Tower Hamlets, Cotswold DC
• Resisted residential developments in for eg Mendip DC, Wycombe DC, LB Tower Hamlets

Commercial

• Big Yellow in Lewisham (inquiries in and advisory work in relation to other sites, as well as EIA case in Court of Appeal (above) - instructed by Jeremy Elsom of RPS
• Welsh Development Agency substantial commercial/ retail development on M4 near Swansea promoted as objection in local plan
• North West Development Agency compulsory purchase orders for regeneration development of 200-hectare Kingsway Business Park of regional and national significance in Rochdale, Manchester - instructed by Eversheds.
• Argent Estates plc footpath orders to facilitate implementation of regeneration development at Piccadilly Place (the large site immediately opposite Piccadilly Station in Manchester) accessed via the Manchester Curve Bridge - instructed by Lovells
• Advised Tower Hamlets BC on planning gain aspects of Canary Wharf

• Snoasis Snowdome inquiry

Retail

• Two-month inquiry leading to Bolton House of Lords case (above) on retail impact of Trafford Centre on existing retail centres across Greater Manchester
• Promoting edge of centre Gloucester Cattle Market
• Acting alongside Tesco for Cotswold DC and Babergh DC in promoting retail proposals supported by the Council
• Defending promotion of Cornbow Centre, Halesowen on behalf of Vale Retail
• Resisting out of centre retail developments in Aylesbury
• General advice to local authorities on retail impact

Licensed premises

Acting for the Rock Garden, the Mai Tai Bar, Wardour Street, the Office Bar, Rathbone Place, the Match Bar and Grand Metropolitan

Listed Buildings and Conservation Areas

• Daresbury Hall inquiry (for English Heritage)
• Aldford House, Park Lane (Mayfair and Royal Parks conservation areas)
• R v. Secretary of State ex parte Bath and NE Somerset Council, Court of Appeal - validity of planning and listed building consent applications (for Bath Council)
• Advice to London Borough of Tower Hamlets on designation of Redchurch Street and Hackney Road conservation areas
• Numerous appeals (eg Henbury Hall Dorset, St James's Derby, Downshire Hill Hampstead, Stoke Newington Church Street, Poplar High Street) - also 5 day Crown Court trial for Warwick DC (unauthorised alterations to listed building)

Highways

• Argent Estates plc footpath orders to facilitate implementation of regeneration development at Piccadilly Place, Manchester - accessed via the Manchester Curve Bridge
• R v. Secretary of State ex parte Slot, Court of Appeal - natural justice in footpath order proceedings
• Numerous inquiries

Transport and Works Act Orders

• Manchester Metrolink - Airport Extension; Eccles Extension
• Crossrail

• Merseytravel

Compulsory Purchase

• Member of Compulsory Purchase Association
• Kingsway Business Park CPO - promoted CPO for 170 hectare site in Rochdale, Manchester
• Promoted the London Borough of Tower Hamlets (Priestman Point) and Crossways Estate Compulsory Purchase Orders and numerous other CPOs (housing, empty properties)
• Collis v Secretary of State - successfully defending CPO in High Court
• Four appeals concerning certificates of appropriate alternative development
• Revocation and discontinuance orders (Ashford Council, Hertfordshire County Council, South Oxfordshire District Council)
• Purchase notices

Trees

Mills v. Secretary of State - revocation of tree preservation order consent
Successful defences of clients in tree-felling prosecutions

Enforcement Notices and Injunctions

• Kemble Airfield, Glos - enforcement action on behalf of Cotswold DC
  Numerous instructions on either side in injunction cases (although more frequently for local authorities) often including Human Rights of Travellers.
• Long-running case for Ashford Borough Council - enforcement notice followed by injunction (more than six appearances in court, a subsequent inquiry and two High Court applications).
• Fairstate (above) was an enforcement case which went all the way to the Court of Appeal after an inquiry and then subsequent appeal to the High Court.
• Committal proceedings also undertaken for local authorities (for example: Ashford BC, Kent County Council and Basildon DC) where injunctions disobeyed by Defendants.
• Other recent enforcement cases: taxi office in Whitstable; winter quarters for travelling show people (Jays Circus); house in Green Belt permitted to remain on grounds of fairness; ten year's use rights for commercial tennis coaching; ten year rule and container storage.

LAND VALUATION

Compulsory purchase compensation

• Batchelor v. Kent CC - a successful ransom value claim of £2.15 million for less than an acre of land (Lands Tribunal and then the Court of Appeal twice).
• Stayley Developments v. Secretary of State, LT - claim for £13 million in respect of the M66 motorway resulted in payment of only £1 million.
• JZT Limited v. Newcastle City Council - £3 million Lands Tribunal claim (ultimately settled) for profits lost on extinguishment of business.
• RWE Npower plc v. Kent CC - successfully resisting claim for £600,000 on basis of time bar under Limitation Act.

PUBLIC LAW

Member of Administrative Law Bar Association; B Panel Counsel for Secretary of State 1995-2001 defending planning decisions in the High Court

Statutory Review and Judicial Review

Many notable reported cases:

• Bolton MDC v. Secretary of State, House of Lords - duty to give reasons in planning
• R v. Secretary of State ex parte Slot, Court of Appeal - natural justice in planning
• R (Goodman) v. LB Lewisham and Big Yellow Ltd, Court of Appeal - environmental assessment
• Fairstate Ltd v. Secretary of State, Court of Appeal - lawful use rights and the ten year rule
• R v. Secretary of State ex parte Bath and NE Somerset Council, Court of Appeal - validity of planning and listed building consent applications
• R (Springhall) v. RLB Richmond, Court of Appeal - extent of delegated authority in planning
• R (Smith) v. Cotswold DC, Court of Appeal - reasons for and reasonableness of granting PP
• Meyrick Estates Ltd v. Secretary of State, Court of Appeal - quashing National Park designation
• Newcastle City Council v. NE Barns Ltd, Court of Appeal - injunctions in statutory nuisance
• Manley v. New Forest DC, Divisional Court - best practicable means in statutory nuisance
• Collis v. Secretary of State - validity of CPO resolution
• Circular Facilities (London) Ltd v. Sevenoaks DC - first ever case to reach the courts concerning a contaminated land remediation notice under Part IIA of the Environmental Protection Act 1990
• R (LB Barnet) v. Parking Adjudicator - validity of parking tickets in Greater London
• Bugbugs Ltd v. TfL - cycle rickshaws and hackney carriage licensing

INFRASTRUCTURE

Gas/Electricity

• Electricity Act overhead line proceedings: London Docklands; Barking Reach; Nidd Valley, North Yorkshire (all for National Grid)
• Advised Transco on compulsory purchase compensation implications of acquisition of Kings Cross gas holders as a result of construction on Channel Tunnel Rail Link.
• Claim against British Gas as a result of pipeline laid under intended landfill site: Whelan v. British Gas

Airports

• RAF Kemble, Gloucestershire
• RAF Llanbedr, Snowdonia

Water

• Instructions for eg Southern Water plc and Three Valleys Water plc in statutory appeal proceedings under the Water Acts and generally in relation to development proposals on or affecting company land and environmental assessment
• Advised British Waterways Board on compensation payable by electricity companies for crossings over canals and waterways
• Lands Tribunal claim against Anglian Water plc for losses caused by laying of pipeline under development land
• Advised Welsh Water in opposing claim for losses caused by laying of pipeline under development land

ENVIRONMENT

Waste

• Collins v Environment Agency - exempt activities
• Pearsons Ballast v Environment Agency - closure notice appeal
• Environment Agency v Knowl Hill Ltd - resisting EPA prosecution
• Surrey Waste Plan (objection to incinerator proposal on SPA/Habitats Directive grounds)
• General advice and advocacy in magistrates' and higher courts on EPA 1990 and Environmental Permitting Regulations

Energy

• Electricity Act overhead line proceedings: London Docklands; Barking Reach; Nidd Valley, North Yorkshire (all for National Grid)
• Advised Transco on compulsory purchase compensation implications of acquisition of Kings Cross gas holders as a result of construction on Channel Tunnel Rail Link.
• Claim against British Gas as a result of pipeline laid under intended landfill site: Whelan v. British Gas

Water

• Instructions for eg Southern Water plc and Three Valleys Water plc in statutory appeal proceedings under the Water Acts and generally in relation to development proposals on or affecting company land and environmental assessment
• Advised British Waterways Board on compensation payable by electricity companies for crossings over canals and waterways
• Lands Tribunal claim against Anglian Water plc for losses caused by laying of pipeline under development land
• Advised Welsh Water in opposing claim for losses caused by laying of pipeline under development land

Control of Pollution

• Collins v Environment Agency - exempt activities
• Pearsons Ballast v Environment Agency - closure notice appeal
• Environment Agency v Knowl Hill Ltd - resisting EPA prosecution
• Circular Facilities (London) Ltd v. Sevenoaks DC - first ever contaminated land remediation notice case under Part IIA of the Environmental Protection Act 1990

• General advice and advocacy in magistrates' and higher courts on EPA 1990 and Environmental Permitting Regulations

Statutory Nuisance (including Noise)

• General advice and advocacy in magistrates' and higher courts for local authorities and parties served with abatement notices
• Manley v. New Forest DC, Divisional Court - best practicable means in statutory nuisance: the "Howling Dogs" Kennels case (also appeared successfully in magistrates' court and Crown Court)
• Instructed by Network Rail on alleged statutory nuisance caused by railway "Whistle" signs

Environmental Offences

• Numerous appearances in the courts on EPA and similar offences, eg Environment Agency v Knowl Hill Ltd - resisting EA prosecution; Environment Agency v Daniel Thwaites plc
• Also statutory nuisance proceedings eg Manley v. New Forest DC, Divisional Court - best practicable means; and land contamination, Circular Facilities (London) Ltd v. Sevenoaks DC

GENERAL

Restrictive Covenants/easements

• Chertsey Bridge Developments v Laing Homes Ltd
• Burrows v Laing Homes Ltd
• General advice on restrictive covenants, including in relation to Lands Tribunal proceedings under section 84 of the Law of Property Act 1925 and easements

Commons and Village Greens

General advice on commons and village greens, rights of prescription etc

Ecclesiastical

Consistory court: St George the Martyr, Bloomsbury and St Mary St Giles and All Saints, Canwell both for English Heritage