Practice Profile

Planning, environmental, local government and public law.

Appearances in most courts including the House of Lords and at public inquiries in England, Wales and Northern Ireland.
Prior to taking silk in October 2006 cited as a leading junior in planning both in Chambers & Partners and Legal 500 Directories. Has since been cited as a Leading Silk in the 2007 - 2009 directories.

A keen interest in High Court work both planning law and more widely.

A former editor of Crown Office Digest, a contributor to Halsbury's Laws -Volume 29 - Local Government (2001) and a contributor to Anti-Social Behaviour Law (Jordans, 2006)

A wide range of planning and environmental for both public authorities and developers/landowners. Local government advisory work on wide range of local government law.

Practice Areas

PUBLIC LAW

   Cases of Note

• London Borough of Waltham Forest v. Oakmesh Ltd and Family Mosaic [2009] EWHC 1688 (Ch). Counsel for Family. whether validity of section 106 obligation open to question in injunctive proceedings pursuant to section 106(5) notwithstanding previous appeal to discharge obligation.
• R (Corbett) v. First Secretary of State (High Court) (2006) JPL 505.
  Counsel for applicant. Judicial review by third party of decision of FSS to reinstate withdrawn appeal. Whether power to reinstate.
• Petursson v. Hutchison 3G UK Ltd (High Court, Technology and Construction Court, Birmingham) (2006) JPL 554
  Counsel for Hutchison (Freshfields Bruckhaus Deringer). Paragraph 17, Schedule 2 to telecommunications act 1984 objection to mast. Review of all current evidence concerning risk to human health.
• Persimmon Homes (Thames Valley) Ltd and others v. Stevenage Borough Council (2005) NPC 136 (High Court and Court of Appeal). Junior Counsel for Stevenage Borough Council. Meaning of requirement for "general conformity" between structure and local plans.
• Redrow Homes v. First Secretary of State [2005] JPL 502, (High Court and Court of Appeal) Junior Counsel for South Gloucestershire Council - ability of FSS to retrict use of access permitted in 1957 outline permission to buses.
• Lloyd-Jones v. T-Mobile UK Ltd (CA) (2003)
  Counsel for T-Mobile (Freshfields Bruckhaus Deringer). Paragraph 17, Schedule 2 to telecommunications act 1984 objection to mast. Whether notice of installation needs to be visible to members of public and whether failure, if not visible, stops time for objection running.
• R v Thanet District Council ex parte Tapp and Britton (2001) (High Court and Court of Appeal) - for Thanet District Council - Certificates of Proposed Lawful Development. Whether authority has power to modify the description of proposed development in a section 192 application.
• R v Wicks (1997) 2 WLR 876 (HL) Counsel for respondent Thanet District Council. Whether open to a Defendant to challenge an enforcement notice, when prosecuted, on the ground of bad faith.
• Alfred McAlpine v. Darlington B.C. (1998)
  Counsel to Darlington. Challenge to lpa's reasons for rejecting local plan inspector's recommendations.
• R. v. East Dorset D.C. ex p. de Mattos (1997)
  Counsel to the District Council. Whether grant of planning permission for Council-owned land flawed for bias.
• R v. Oldham MBC ex p. Bentley (1996) JPL B119
  Counsel to respondent Borough Council. Whether permission "implemented" in breach of condition.
• New Forest D.C. v. SSE and Shorefield Holidays Limited (1996) JPL 935 (High Court) Counsel for Shorefield Holidays Limited. Fall-back test - whether a real (as opposed to theoretical) possibility that hotel permission implemented in early 1970s might be developed if chalet development not permitted in Green Belt.
• R. v. Powys C.C. ex p. Idris Andrews (1996) JPL B130
  Counsel to respondent County Council. Decision to grant minerals permission. Environmental Impact Assessment Regulations.
• R. v. King's Lynn & West Norfolk D.C. ex p. Bolam
  Counsel for respondent District Council. Planning permission for chicken sheds; planning committee bias, perversity.
• R v Thurrock Borough Council, ex parte Tesco Stores and Others (1991)
  (1994) JPL 328 (High Court) Counsel for First Respondent - Whether Costco operation retail, wholesale or sui generis.
• Griffiths v Jenkins (1992) 2 WLR 28 (HL)
  power of High Court to order to complete rehearing when hearing a criminal appeal by way of Case Stated. Counsel for prosecuting water company (Appellant).

PLANNING INQUIRIES

Recent inquiry work  includes

• housing inquiry, Gabbons Nursery, Penryn - 148 dwellings (appellant) (2009)
• crematorium. Camborne, Cornwall - promotion of new crematorium (2009)
• housing inquiry, St Margarets Hotel, Carbis Bay - construction of apartments (2008) (appellant)
• housing inquiry, Udimore Road, Rye - construction of 135 dwellings (Rother DC) (2008)
• housing/B1 inquiry, Robertsbridge Mill - B1 and 66 residential units (Rother DC) (2008)
• leisure inquiry, Farnham, Surrey - relocation of rugby club, multisports complex (DTZ/Cannons) (2008)
• leisure inquiry Waterside Park, Weymouth - chalet development (appellant) (2008)
• Thames Gateway Bridge Inquiry representing the London Borough of Bexley; Europe's largest bottle-making and filling factory, (Ellesmere Port and Neston Borough Council);
• proposed redevelopment of the Vaux Brewery site for Sunderland City Council for major offices and apartments;
• promotion of Second Alteration to Sunderland's Unitary Development Plan;
• a substantial housing-led surface development at South Crofty Tin Mine representing Kerrier District Council;
• housing inquiry in North Weald for Crest Nicholson (Davies Arnold Cooper);
• housing inquiry in Hinckley for Crest Nicholson (Pegasus Planning);
• a retail inquiry for Asda Stores Ltd (Planning Potential) in Dunstable;
• office development in the grounds of a listed building in Penzance for Walker Moyle (Stephen Bott Planning);
• extended opening hours for Walkabout (Regent Inns plc), in Watford (Planning Potential);
• a retail inquiry (West Walls, Tesco) for Carlisle City Council;
• promotion of City of Carlisle Local Plan.

Planning Advisory

Recent advisory work (2008-2009) includes

• Aviation, telecommunications, markets, hackney carriages, residential and holiday caravan sites, community infrastructure levy, emergency planning, constitution of committees, certificates of lawful use, rights of way and village greens

Planning - by area

DEVELOPMENT PLANS

• Objections for Cavanna Homes, Torbay Local Plan;
• Objections for Wimpey Homes, London Borough of Bromley Plan;
• Objections for Wimpey Homes, South Norfolk Local Plan;
• Objections for Somerfield, North Devon District Council;
• Promotion of Plan for Stevenage Borough Council (led by Timothy Straker QC);
• Promotion of Plan for Basingstoke and Deane Borough Council;
• Promotion of Plan for Harlow District Council;
• Promotion of Plan for Sunderland City Council;
• Promotion of Plan for Carlisle City Council.

RETAIL

Retail inquiries (convenience and comparison goods and A3 uses) for

• Safeway - Yeovil (led by David Keene QC) and Bexleyheath, London Borough of Bexley (led by Brian Ash QC);
• Asda, Dunstable;
• B &Q, Plymouth (led by Duncan Ouseley QC);
• Dacorum Borough Council (3);
• Peterborough City Council (led by Clive Newberry QC);
• Epping Forest District Council (led by Clive Newberry QC);
• London Borough of Enfield;
• Middlesbrough Borough Council;
• Carrick District Council (2);
• Bedfordshire County Council;
• Darlington Borough Council;
• Wycombe District Council (led by Brian Ash QC);
• Westminster City Council;
• Three Rivers District Council;
• Stevenage Borough Council (2);
• Sunderland City Council;
• Carlisle City Council.

AVIATION

• Redhill Airport development of airport to become Gatwick feeder airport (representing CAA);
• City of London Heliport (representing Lord Chancellor's Department, Governor of Tower of London and Barbican Residents Association);
• Manchester second runway Inquiry (CAA);
• Terminal 5, Heathrow (Hertfordshire and Essex County Councils);
• Southampton Airport commercial development (CAA);
• Cardiff Airport (bird strike risk, CAA).

HOUSING

• Canvey Island new village (Essex County Council, junior counsel) ;
• South West Warwick housing development (Warwick District Council);
• Elm Tree Farm (Darlington Borough Council);
• Thirlstone Homes development, Kingston;
• Redrow development, Severnside, (South Gloucestershire Council), junior counsel;
• West of Stevenage development (Stevenage Borough Council) junior counsel;;
• Boilerworks Road housing inquiry, Camborne (Kerrier District Council);
• Fairfield housing inquiry, Redruth (Kerrier District Council).

HIGHWAYS

• Mayfield Bypass Inquiry (residents action group);
• A13 road improvement inquiry (British Railways Board);
• Promotion of second crossing of River Severn in Newtown (Powys County Council);
• Brooklands Inquiry, Surrey (Woking Borough Council);
• Promotion of footbridge/CPO inquiry, Leeds (Leeds Development Corporation);
• Stopping up/ diversion of highways orders relating to Western Sector development, High Wycombe (Wycombe District Council, junior counsel);
• North-facing slip road, Junction 5, M11 inquiry (Epping District Council);
• Shellhaven new container port (Essex County Council, junior counsel) .

MOTORWAY SERVICE AREAS

• M40 Mobil Oil (junior counsel);
• M40 Wycombe District Council (junior counsel).

AGRICULTURE

• Poultry sheds development, Banham Poultry (Broadland District Council);
• Poultry processing operation, Hevingham (Broadland District Council);
• Pig farm, Woolpit (Mid Suffolk District Council).

LISTED BUILDINGS/CONSERVATION

• Nutfield, West Sussex inquiry/enabling development against Horsham District Council;
• Works affecting listed buildings, Dunstable and Eaton Bray (South Bedfordshire District Council);
• Enforcement inquiry against Daventry District Council;
• St John's Wood Robert Adam residential development (Westminster City Council);
• Extension of listed building, St John's Wood (Westminster City Council);
• Water Research Company office redevelopment, Medmenham (Wycombe District Council).

Qualifications and Appointments

• Stowe School, Buckingham (1976-1980)
• English-Speaking Union Scholarship 1981
• Nottingham University LLB (1981-1984)
• British Academy Bursary 1984
• Cambridge University LLM (1984-1985)
• Called 1986
• Pupillages with John Laws (Treasury Counsel) and Clive Newberry
• Tenant at 4-5 Gray's Inn Square 1988-2008, Tenant at Francis Taylor Building from 2008 until present
• Member of Planning and Environment Bar Association
• Member of Administrative Law Bar Association