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Practice Overview

Ned is instructed in a wide variety of work, in particular across all planning and environmental law contexts.

He is ranked as up and coming by Chambers and Partners under both Planning and Environment.

He is keen, very hard-working, responsive and bright.”
Chambers and Partners 2015, Environment

“... he's excellent. He is very calm and articulate, very quick on his feet, and thinks strategically.”
Chambers and Partners 2015, Planning

“He builds effective working relationships with clients and is quick on his feet and highly committed.”
Chambers and Partners 2014, Environment

“He is absolutely fantastic, does excellent work and is a roaring success.”
Chambers and Partners 2014, Planning

Inquiry work in 2014 includes the proposal for a 67 hectare solar array at Wroughton Airfield, Swindon, housing developments in Buckinghamshire, Oxfordshire and London, a large inland marina in Nottinghamshire and a three-turbine wind energy project.  Recent work in the senior courts includes the Supreme Court’s hearing of the conjoined appeals in Adamson v Paddico and Taylor v Betterment [2014] UKSC 7, R (Harper) v South Oxfordshire District Council [2014] EWHC 1331 (Admin) and RSPB v SSEFRA [2014] EWHC 1645 (Admin).  Ned is on the Attorney General’s Panel of London counsel.

The main areas of Ned's practice are:

  • Environmental
  • Planning
  • Highways, rights of way, commons and village greens
  • Local Government
  • Licensing
  • Land/property law
  • Public Law

Please select ‘Practice Areas’ for more information under each of these headings.

Practice Areas

Enivonmental
Planning
Highways, rights of way, commons and village greens
Local government
Licensing
Land / property law
Other areas 

Environmental

Ned has considerable expertise and experience in environmental law, including conservation law, nuisance, statutory nuisance, water law, waste law and contaminated land. He has acted for the Marine Management Organisation and Natural England and has a thorough understanding of coastal, marine and habitats law. Recent work includes giving advice to the MMO on fisheries byelaws and the RPSB’s judicial review of the bird cull at the Ribble and Alt Estuary Special Protection Area in Lancashire (RSPB v SSEFRA [2014] EWHC 1645 (Admin)).

Ned is recognised as a leading junior in environmental law by Chambers and Partners which comments that he is “[h]otly tipped by sources as a man with a bright future at the Environmental Bar” (2014) and that “[h]e will be one of the greats of the future” (2015).  He is also listed as a leading barrister in environment law by Who’s Who Legal 2015.

Ned regularly advises on environmental assessment.  He was junior to Robert McCracken QC in R (Evans) v Basingstoke and Deane BC [2013] EWCA Civ 1635, a case that considered the compatibility of planning enforcement time limits with EIA law and was instructed by Friends of the Earth in its Supreme Court intervention on the appeal of the Northern Ireland Court of Appeal’s decision in Central Craigavon Ltd's Application for Judicial Review [2011] NICA 17.  Ned acted for Natural England successfully resisting a challenge to a condition designed to protect EU habitats in R (Feeney) v SST [2013] EWHC 1238 (Admin).

In respect of criminal work, Ned has acted both for prosecutors and defendants. He recently acted for a national construction firm in avoiding prosecution proceedings for the alleged demolition of buildings within a West London conservation area without consent.  He has given training on investigatory powers and the PACE codes.  Ned also has extensive knowledge of the new civil sanctions regime for environmental offences; he contributed to the leading text book and has given presentations on the subject to regulated persons and regulatory bodies – most recently on enforcement undertakings. He is well-placed to act and/or advise and act in this new area of law.

Cases of note include:

  • Acting for East Sussex County Council successfully resisting permission a challenge of its alleged failure to take action to prevent the flooding of property off the highway
  • Acting for Natural England in the resumed inquiry over Chiltern Railway’s plans to upgrade the Marylebone-Oxford line, where the main issue was the impact on protected bats in the Wolvercote Tunnel
  • Acting for BAE Systems in its appeal against Natural England's refusal to licence bird control measures in a European protected conservation area
  • Representing the Wyatt brothers in their appeal against committal for contempt for breaching planning enforcement notices in the Court of Appeal
  • Acting for the successful claimant in R (U & Partners (East Anglia) Ltd) v Broads Authority [2011] EWHC 1824 (Admin), a challenge to the Environment Agency's flood control works in Norfolk, which confirmed that the requirement of "promptitude" does not apply to judicial reviews under the EIA Directive
  • Acting for INEOS ChlorVinyls at the inquiry into monitoring conditions for the waste incinerator at its Runcorn chemical plant
  • Representing the Wisely Golf Club in its prosecution by the Environment Agency for various alleged offences under the Thames Region Land Drainage Byelaws

Ned regularly talks and writes on environmental law and has an LLM (environmental laws) from UCL, where he is a visiting researcher. In 2014 he was elected as a trustee on the Council of UKELA.

Planning

Ned is rated as one of the top 4 juniors under the age of 35 by Planning Magazine 2014 and is recognised as a practitioner in the area by Chambers and Partners 2014. He has a solid and practical knowledge of planning law including high profile development proposals and technical enforcement or lawful development certificate work.  Ned has acted for applicants, local authorities and third party objectors in many different contexts, he also has experience of major infrastructure cases under the Planning Act 2008 and the preceding legislation: he acted for Natural England in the DCO hearing into the proposed Marine Energy Park on the Humber Estuary and for a local amenity group on the Thames Tideway Tunnel DCO application. 

In 2014, Ned has been involved in renewable energy, residential and infrastructure projects.  He successfully acted for Hillingdon LBC at a housing appeal in the Green Belt and represented three other local authorities at housing inquiries.  Ned acted for the promoter of a large inland marina at Ratcliffe-on-Soar on appeal against Nottinghamshire County Council’s refusal of permission.  He was instructed by Natural England at a two-week inquiry into the Science Museum’s proposal for a 67 hectare solar array at Wroughton within the North Wessex Downs Area of Outstanding Natural Beauty.  He also acted for a local action group against wind development near Southwell in Nottinghamshire.

Ned is acting and has acted in a number of planning judicial reviews and potential challenges, including R (U & Partners (East Anglia) Ltd) v Broads Authority [2011] EWHC 1824 (Admin) and R (Evans) v Basingstoke and Deane BC [2013] EWCA Civ 1635, R (Feeney) v SST [2013] EWHC 1238 (Admin) and R (Harper) v South Oxfordshire DC [2014] EWHC 1331 (Admin).

He has wide experience of lawful development certificate, planning enforcement, prosecution and committal proceedings, notable cases in these areas include Pathfield Estates Ltd v Haringey LBC [2013] EWHC 2053 (Admin) and Oxfordshire CC v Wyatt Brothers (Oxford) Ltd [2012] EWCA Civ 1921.

Other cases of note include:

  • Acting for the MMO in its representations on the draft Northern Line Extension Transport and Works Act Order
  • Acting for Natural England at the resumed inquiry into the Transport and Works Act Order for Chiltern Railway’s Oxford-Bicester line upgrade
  • Resisting a contested appeal against Kings Lynn and West Norfolk BC’s refusal to issue a certificate of lawful use (and obtaining full costs) (reported at JPL 2012 (7) 858-876)
  • Appearing with Keith Lindblom QC (as he then was) for the Friends of St Katharine Docks in their successful third party objection to major redevelopment proposals
  • Making representations to the Examination in Public of the latest version of the London Plan, England's only surviving Regional Strategy
  • Successfully acting for the appellant in a planning enforcement appeal regarding houseboats on the Driffield Navigation, Yorkshire (Planning Magazine, 22 October 2010, page 35)

Highways, rights of way, commons and village greens

Ned regularly appears at village green inquiries for landowners and local inhabitants. He has an excellent knowledge of the practice and procedures of village green law and has benefited greatly from working with village green experts at FTB and from his time as pupil to Philip Petchey. Ned acted for Long Live Southbank in their recent challenge to Lambeth Council’s interpretation of ‘trigger events’ to preclude a village green application for the undercroft skate park beneath Queen Elizabeth Hall.  He also represented local inhabitants in two cases on the de-registration of town and village greens under section 14 of the Commons Registration Act 1965, recently heard in the Supreme Court: Taylor v Betterment Properties (Weymouth) Ltd and Paddico (267) Ltd v Adamson: [2014] UKSC 7.

Ned also regularly advises on commons and rights of way issues, and has appeared at inquiries under the Commons Act 2006, Wildlife and Countryside Act 1981 and Highways Act 1980. He has appeared at inquiries for order-making authorities, footpath users, amenity groups (including the British Horse Society) and landowners. He recently acted for Kent County Council at the inquiry into its making of concurrent stopping up and diversion orders along Faversham Creek.

Other cases of note include:

  • Acting for East Sussex County Council and successfully upholding its objection to a definitive map modification order that sought to downgrade a restricted byway to a footpath in the parishes of Heathfield and Warbleton
  • Successfully resisting the confirmation of a definitive map modification order to upgrade a footpath across the Squerryes Estate in Kent to a bridleway based on evidence from 1957-1977
  • Acting for the Linden Homes in its successful objection to an application to register the ‘Public Square’ outside of Willesden Green Library Centre as a town or village green
  • Acting for Islington LBC in its successful objection to an application to register housing estate land at Marie Lloyd Gardens as a town or village green
  • Appearing for Shipbourne Parish Council in their successful opposition to the controversial proposed diversion of a footpath in the Kent Downs AONB
  • Acting for the successful landowner in the Rydens Way case (junior counsel to Douglas Edwards QC), the case was heard as a non-statutory inquiry on the legal point only and established that the doctrine of res judicata applies to prevent repeat village green applications in relation to the same area of land (reported at JPL 2012 (4) 497-520

Ned regularly writes and advises on highways issues and recently presented the highways law update to the London Planning Forum, he also carried out training for the RWLR and in December 2013 to the Planning Inspectorate’s Rights of Way division.

Local government

Ned has a good general understanding of local government law and regularly advises local authorities on a range of public law issues, including the extent of their duties and the scope of their powers.  He has acted in housing possession and disrepair claims, advised on the funding arrangements for academies and drafted pre-action correspondence on the lawfulness of local authority constitutional arrangements.  He has also been involved in a number of matters relating to the provisions in the Localism Act 2011, including review hearings and appeals under section 92 (assets of community value).  From part-time secondments undertaken early in his career, Ned has direct and practical experience of how local authorities work.

In the rating context, Ned was successful counsel for the local authority in Edem v Basingstoke and Deane BC [2012] EWHC 2433 (Admin), a case on council tax exemptions.

Cases include:

  • Drafting proceedings and settling papers for an ASBO claim
  • Acting for Haringey Council in prosecutions on planning and social security matters
  • Representing landlords of houses in multiple occupation that fall under the Housing Act 2004 (and HMO Regulations)
  • Representing the Epping Forest Riders Association in their objection to Essex County Council’s introduction of cattle grids to the Epping Forest

Licensing

Ned has appeared before local authority representatives and the Magistrates’ Courts in relation to premises license applications and appeals. He has acted for operators in Islington and Tower Hamlets and for a number of local authorities, including Medway Council and Southwark Council.  In 2014

Cases include:

  • Successfully preventing action being taken against central London premises where allegations of breaches of conditions within a cumulative impact zone
  • Acting for Southwark Council successfully resisting an appeal against its decision to revoke a licence
  • Acting for Medway Council in appeals against its refusal to grant new licences and decisions to vary licences
  • Acting pro bono for Lincoln’s Inn obtaining an extension to the licence for the Great and Old Halls

Ned is a member of the Institute of Licensing and gives presentations on licensing matters, including most recently on Government’s proposals for the reform of regulated entertainment.

Land / property law

Ned has advised on easements, restrictive covenants and landlord and tenant issues. In 2014 he acted for HMRC in a Lands Chamber case on land valuation for tax purposes (Chakravorty v Revenue and Customs Commissioners [2014] UKUT 184 (LC)).  He has also appeared in front of the Tribunal to the Land Registry and has argued boundary disputes in the courts.

Other areas

Ned undertakes work in other areas of public law such as education, immigration and community care. He also has experience as an advocate in Employment Tribunal claims, social security cases.

Awards and Education

  • Winner, UKELA Lord Slynn of Hadley senior mooting competition (2009 and 2010), on both occasions before Carnwath LJ
  • Lord Denning Scholarship, Lincoln's Inn (2008)
  • LLM (environmental laws), University of London (2007)
  • DMH Stallard Prize for the best results on the Common Professional Examination (distinction) University of Sussex (2006)
  • BA Classics (first class degree), UCL (2004), recognised on the Dean's List
  • Brighton, Hove and Sussex VI Form College
  • Lewes Priory School

Publications

  • The History and Context of the SEA Directive (with Robert McCracken QC) chapter in Strategic Environmental Assessment Directive: A Plan for Success? (Hart Publishing, forthcoming)
  • Coventry v Lawrence: nuisance redefined Env L Rev 2014,16(3), 211-218
  • Judicial review: going the extra mile SJ 2014, 158(4), 28
  • Likely significant effect on EU habitats: a quick update Env Law 2013, 77, 18-19
  • The Ritz reformed? Costs in environmental and public interest cases JR 2013, 18(4), 408-415
  • Why Central Craigavon was wrongly decided (and other problems with the incorporation of the Strategic Environmental Assessment Directive into domestic law) (with Gregory Jones QC and Roger Watts) JPL 2013, 9, 1074-1088
  • Case note on Newhaven Port and Properties Ltd v East Sussex CC in the Court of Appeal, RWLR 2013, May(15.3), 249-253
  • Room at the top? HS2 and the strategic environmental assessment of major infrastructure (with Gregory Jones QC) SJ 2013, 157(17) Supp (Bar Focus), 18-19
  • Cattle grids: legal issues RWLR 2013, Jan(4.1), 113-121
  • Private nuisance and statutory controls Env L Rev 2012, 14(3), 224-223.
  • Case note on Newhaven Port and Properties Ltd v East Sussex CC, RWLR 2012, May(15.3), 207-215
  • How to deal with candidate SACs and potential SPAs? (with Gregory Jones QC) chapter in The Habitats Directive (Hart Publishing, 2012)
  • The year's hottest cases reviewed (United Kingdom Environmental Law Association (UKELA) Conference 2011) published at ELM 2011, 23(4), 266-272
  • Contributor to The Law of Regulatory Enforcement and Sanctions (Norris and Phillips eds.) (Oxford University Press, February 2011), the leading textbook on the Regulatory Enforcement and Sanctions Act 2008
  • Chapter on public participation in UK CCS planning and consent procedures (with Meyric Lewis) in Carbon Capture and Storage: Emerging Legal and Regulatory Issues (Havercroft, Macrory and Stewart eds.) (Hart Publishing, July 2011)
  • Update: planning SJ (2009) 153/47 25 (with Gregory Jones)
  • Chapter on UK implementation in The Aarhus Convention at Ten: Interactions and Tensions between Conventional International Law and EU Environmental Law (Europa Law Publishing, November 2009) (with Prof. Richard Macrory)
  • Costs, Protective Costs and Environmental Cases: The Ongoing Saga Env Law 52 (July 2009) 7
  • The new European Marine Strategy Directive (legislative note) Env. L. Rev. 2008, 10(3), 218-224

Contact Clerks

Paul Coveney, Senior Clerk
James Kemp, Principal Clerk
Rachael Osborne, Clerk

020 7353 8415
clerks@ftb.eu.com

News

Historic Brewery Demolition Permission Quashed

02/12/2014

The High Court (HHJ Waksman QC) has quashed planning permission and conservation area consent for the redevelopment of the Hartley’s brewery ...

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Brackenhurst wind farm appeal dismissed due to harm on historic Minster

20/11/2014

The Secretary of State has dismissed Nottingham Trent University’s appeal against Newark and Sherwood District Council’s refusal to grant planning permission ...

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Publications

Judicial Review: Going the Extra Mile

28/01/2014

Ned Westaway explains how to use background materials to aid interpretation in judicial review but warns not all are equally accepted ...

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Room at the Top?

18/04/2013

Gregory Jones QC and Ned Westaway discuss the HS2 case and other recent developments in strategic environmental assessment of plans and ...

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