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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 2014 under both Planning and Environment.

“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

Recent work includes planning appeals, environmental judicial reviews, major infrastructure project hearings and environmental prosecutions. 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 (Evans) v Basingstoke and Deane BC [2013] EWCA Civ 1635 in the Court of Appeal, as well as Pathfield Estates Ltd v Haringey LBC [2013] EWHC 2053 (Admin) and R (Feeney) v SST [2013] EWHC 1238 (Admin) in the High Court.

The main areas of Ned's practice are:

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

 

Practice 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 law and EU habitats law. Recent work includes acting at an inquiry relating to an incineration plant in Runcorn and giving advice on nuisance issues advice he has given includes advice to INEOS ChlorVinyls on their Runcorn incineration facility and to the MMO on fisheries byelaws.

Ned is recognised as a leading junior in environmental law by Chambers and Partners 2014 which comments that he is “[h]otly tipped by sources as a man with a bright future at the Environmental Bar”.

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 (now before the Court of Appeal), and was instructed by Friends of the Earth in its Supreme Court intervention on the appeal of the 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).

Other 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
  • Advising and acting for Friends of the Earth in its Supreme Court intervention on the application and scope of the Strategic Environmental Assessment Directive in the case of Central Craigavon (an appeal from the Northern Ireland Court of Appeal) (the appeal was compromised between the main parties in April 2013)
  • Representing the Wisely Golf Club in its prosecution by the Environment Agency for various alleged offences under the Thames Region Land Drainage Byelaws

In respect of criminal work, Ned has acted both for prosecutors and defendants and is a member of FTB's Environmental Crime Group. 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.

Ned regularly talks and writes on environmental law and has an LLM (environmental laws) from UCL, where he is a visiting researcher. He is an active member of UKELA.

Planning

Ned is rated as one of the top 3 juniors under the age of 35 by Planning Magazine 2013 and 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 work; he has acted for applicants, local authorities and third party objectors in many different contexts. Ned 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 an amenity group in relation to the Thames Tideway Tunnel DCO application.  He recently acted for Hillingdon LBC at an inquiry into the appeal of a housing development in the Green Belt, Other cases of note include:

  • Acting for the MMO in its representations on the draft Northern Line Extension Transport and Works Act Order, that is currently before the Secretary of State
  • 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)

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.

He has wide experience of planning enforcement, prosecution and committal proceedings, recent 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.

Village greens, commons and rights of way

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 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. On behalf of East Sussex County Council, he successfully objected to a definitive map modification order made to downgrade a restricted byway to a footpath across land in the parishes of Heathfield and Warbleton; the Inspector also agreed with Ned’s submission that the Order had been properly made contrary to submissions made by objectors.

Other cases of note include:

  • Successfully resisting at a 2013 inquiry the confirmation of a definitive map modification order to upgrade a footpath across the Squerryes Estate 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 direct and practical experience of how local authorities work through part-time secondments undertaken early in his career. He has a good general understanding of local government law: for example, 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. Recent cases include:

  • Drafting proceedings and settling papers for an ASBO claim on behalf of a local authority
  • Acting for Haringey London Borough 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

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.

Licensing

Ned has appeared before local authority representatives and the Magistrates’ Courts in relation to premises license applications and appeals. Among his cases, he has successfully acted for Medway Council in licensing appeals and (pro bono) for Lincoln’s Inn seeking an extension to the licence for the Great and Old Halls. 

He is a member of the Institute of Licensing and of FTB’s licensing group and has given 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. He has 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

Publications

  • 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

Skate Park Judicial Review Adjourned so that Secretary of State Can Intervene

07/03/2014

The High Court has heard submissions in Long Live Southbank’s judicial review of Lambeth Council’s refusal to validate an application to ...

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Richard Honey, Ned Westaway and Isabella Tafur Appointed to Attorney General's Panels to Approved Counsel

26/02/2014

FTB is delighted to announce that Richard Honey has been appointed to the Attorney General's B Panel of approved counsel and ...

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Events

Breakfast Briefing: Localism Two Years On

29/04/2014

The Localism Bill was introduced into Parliament with the intention that it would usher in "a ground-breaking shift in power to ...

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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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