Practice Profile 

Wide-ranging practice in Public Law including Town and Country Planning, Compulsory Purchase, Environmental, and Local Government Law, with extensive experience in litigation, public inquiries and advisory work. Cited as a Leading Silk in the Chambers and Partners and Legal 500 Directories.

Practice Areas

• Planning practice includes involvement in substantial regeneration¹ and infrastructure projects,² development plan processes,³ industrial/office,⁴ agriculture,⁵ minerals⁶ and waste,⁷ retail,⁸ housing,⁹ leisure,¹⁰ conservation¹¹ and highways¹² work, as well as certificates of lawfulness¹³ and enforcement.¹⁴ Advisory work includes affordable housing, section 106 obligations¹⁵ and advice on community infrastructure levy. Court cases at all levels including High Court,¹⁶ Court of Appeal¹⁷  and House of Lords (Supreme Court).¹⁸
• Compulsory purchase work includes section 17 inquiries (certificates of appropriate alternative development),¹⁹ section 226 (TCPA 1990 inquiries/compulsory acquisition for development/planning purposes),²⁰ compensation, section 84 Law of Property Act 1925 applications (restrictive covenants), and Lands Tribunal (Lands Chamber of the Upper Tribunal) cases.²¹
• Environmental work includes hazardous substances regulations,²² environmental protection (prescribed processes and substances) regulations,²³ statutory and public nuisances,²⁴ waste directive.²⁵
• Local government includes powers, constitution of committees, Code of Conduct, EU procurement, freedom of information, emergency powers, affordable housing, markets,²⁶ hackney carriage licences (and related human rights' issues).²⁷

Publications

Contributor, Halsbury's Laws (Local Government) (2001)

A former editor of Crown Office Digest

Contributor to Anti-Social Behaviour Law (publ. Jordans)

Contributor to RICS online guidance

3 articles published in  Journal of Planning Law (2011)

• "Interpreting planning permissions after Stevenage - the primacy of the plans?"
• "Material Change in use - what's character got to do with it?"
• "20 years of the 10 year period for enforcement: time for reform?"

Membership:

Administrative Law Bar Association, Planning and Environment Bar Association

Qualifications

Nottingham University LLB (1981-1984)

Cambridge University LLM (1984-1985)

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.

  

 

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Endnotes

¹ Regeneration: e.g.  Western sector, High Wycombe CPO (2000); Central Sunderland redevelopment and Vaux brewery site (2006), West of Stevenage urban extension (2005), Camborne-Pool-Redruth urban regeneration (2007), Shirley Town Centre (2011).

² Infrastructure: e.g. Thames Gateway Bridge Inquiry (2006), City of London heliport (1991); Redhill Aerodrome redevelopment (1993), Manchester Second Runway (1995), Heathrow Terminal 5 (1997) inquiries. Various telecommunication mast cases (2003-2010); crematorium. Camborne, Cornwall - promotion of new crematorium (2009), Carlisle Airport (2011-12).

³ Development Plan: e.g. Darlington BC (1998), Stevenage BC (2003), Harlow DC (2004), Basingstoke and Deane BC (2004), Sunderland City Council (2007), Carlisle City Council (2007) and Wiltshire Council (2011-12). Also objections for Cavanna Homes, Wimpey Homes, Somerfield Stores Ltd, Harbour Commissioners, Bridlington, East Riding of Yorkshire Council Area Action Plan (2011-12).

⁴ Industrial/office: e.g. Quinn Glass, Ellesmere Port, Europe's largest bottle making and filling factory (2006). office development in the grounds of a listed building in Penzance for Walker Moyle (Stephen Bott Planning).

⁵ Agriculture: e.g. Poultry sheds development, Banham Poultry (Broadland District Council); Poultry processing operation, Hevingham (Broadland District Council); Pig farm, Woolpit (Mid Suffolk District Council).

⁶ Minerals: e.g. advising industry (e.g. Atlantic Aggregates) and mineral planning authorities (e.g. Powys County Council - whether need for EIA - R v. Powys CC ex p. Idris Andrew; Warwickshire County Council - South-West Warwick housing development; Cornwall County Council - South Crofty Tin Mine/proposed mixed-use surface redevelopment). Issues concerning interpretation of permissions and conditions, review of minerals permissions, reliance on permitted development rights (e.g. Part 19 of the GPDO 1995), environmental impact assessments requirements, viability of extraction, compatibility with residential development, sterilisation of minerals, assessment of reserves and resources, the sale of mineral product, the meaning of waste, the interpretation of supply agreements.

⁷ Waste: e.g. Cheshire Replacement Waste Local Plan representing Ellesmere Port and Neston BC; inquiries concerning waste proposals.

⁸ Retail: e.g. For Safeway, Asda and B&Q and for numerous local authorities, including Dacroum BC, Peterborough City Council, Epping Forest DC, London Borough of Enfield, Middlesbrough BC, Carrick DC, Bedfordshire County Council, Darlington BC, Wycombe DC, Westminster City Council, Three Rivers DC, Stevenage BC, Carlisle City Council, Milton Keynes Council, London Thames Gateway Development Corporation, Sunderland City Council, convenience and comparison goods, retail warehousing, warehouse clubs.

⁹ Housing: e.g. West of Stevenage urban extension (2005), South Crofty, Camborne (2006), a substantial housing-led surface development at South Crofty Tin Mine; housing inquiry in North Weald for Crest Nicholson (2007); housing inquiry in Hinckley for Crest Nicholson (Pegasus Planning); 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); housing inquiry, Gabbons Nursery, Penryn, - 148 dwellings (appellant) (2009); housing inquiry for Glowfern Limited, Romsey (2011); housing inquiry at Pitt Manor, Winchester (Turley Associates) (2011).

¹⁰ Leisure: e.g. Stax multisports complex, nr Farnham (DTZ/Cannons) (2008); Waterside Park, Weymouth (2008); extended opening hours for Walkabout (Regent Inns plc), in Watford (Planning Potential).

¹¹ Conservation: e.g. 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); West Walls of Carlisle (Tesco retail inquiry) (2007).

¹² Highways: e.g. Mayfield Bypass Inquiry; 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); North-facing slip road, Junction 5, M11 inquiry (Epping District Council); Shellhaven new container port (Essex County Council). 2 M40 Motorway Service Areas - respectively for Mobil Oil and Wycombe DC.

¹³ Certificates of Lawfulness: e.g. Court cases include R. v. Thanet DC ex p. Tapp and Britton (2001) 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; Childs v. First Secretary of State (2005) certificate of lawfulness as base for material change; Stevenage BC v. Secretary of State for Communities and Local Government (2010) proper interpretation of planning permissions.

¹⁴ Enforcement: e.g. Court cases include R. v. Wicks (HL) (1997) (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. Recent inquiries for Wycombe District Council (2012-11) and advise Chiltern District Council.

¹⁵ London Borough of Waltham Forest v. Oakmesh (2009) 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.

¹⁶ High Court: e.g. R v Thurrock Borough Council, ex parte Tesco Stores and Others (1991) (1994) JPL 328 Counsel for First Respondent - Whether Costco operation retail, wholesale or sui generis; R. v. King's Lynn & West Norfolk D.C. ex p. Bolam (1994)Counsel for respondent District Council. Planning permission for chicken sheds; planning committee bias, perversity; 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; New Forest D.C. v. SSE and Shorefield Holidays Limited (1996) JPL 935 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. Oldham MBC ex p. Bentley (1996) JPL B119 Counsel to respondent Borough Council. Whether permission "implemented" in breach of condition; 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; Alfred McAlpine Ltd v. Darlington B.C. (1998) Counsel to Darlington BC. Challenge to lpa's reasons for rejecting local plan inspector's recommendations; 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; 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; 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; Stevenage BC v. Secretary of State for Communities and Local Government (2010) proper interpretation of planning permissions.

¹⁷ Court of Appeal: e.g. R. v. Thanet DC ex p. Tapp and Britton (2001); 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. Redrow Homes v. First Secretary of State (2005) [2005] JPL 502, Junior Counsel for South Gloucestershire Council - ability of FSS to retrict use of access permitted in 1957 outline permission to buses. Persimmon Homes (Thames Valley) Ltd and others v. Stevenage Borough Council (2005) NPC 136. Junior Counsel for Stevenage Borough Council. Meaning of requirement for "general conformity" between structure and local plans.

¹⁸ House of Lords: Griffiths v. Jenkins (1992) (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); R. v. Wicks (1998)2 AC 92.

¹⁹ Compulsory Purchase/section 17: e.g. Ibstock Brick, South Gloucestershire inquiry.

²⁰ Compulsory Purchase/section 226: e.g. Western Sector, High Wycombe CPO; Dacorum/Tring/Cow Roast CPO.

²¹ Compulsory Purchase/Lands Tribunal: e.g. Frisby and Small, Leicester; South Norwich Ring Road.

²² Hazardous Substances: e.g. Ellesmere Port and Neston BC; Dacorum BC.

²³ Environmental processes: e.g. Hull and Goole Port Health Authority

²⁴ Nuisance: e.g. Mid Suffolk DC v. Clarke (1992-1996) (Magistrates' Court abatement notice appeal, High Court injunction and contempt proceedings).

²⁵ Waste: e.g. IPMM v. Kent County Council (2009)(inspector's decision)

²⁶ Markets: e.g. Delyn BC v. Solitaire (Liverpool) Ltd 93 LGR 614

²⁷ Human Rights: e.g. R (Royden) v. Wirral Metropolitan Borough Council (2002) EWHC 2484 Article 1 of the First Protocol did not apply to the premium value of an existing hackney carriage licence which had accrued due to the local authority restriction on number of licences.