Practice Profile

His practice covers all aspects of land, planning, environmental and local government law, rating, judicial review and statutory challenges. Clients range from major commercial developers and local authorities, to residents' action group.

Planning Magazine (RTPI), 2008: 28th most highly ranked junior
Chambers & Partners, 2009: 3rd rank of leading juniors
Legal 500, 2008: 3rd rank of leading juniors

"Robert Fookes has a ‘straight to the point' attitude that is valued by clients, who also commend his ‘natural talent for building good relationships'".
Chambers & Partners 2009

Cases of Note

• R (oao Roudham and Larling PC) v Breckland DC and Paul Rackham Ltd [2008] EWCA Civ 714 - Adequacy of reasons for granting permission; whether change of use of large agricultural buildings within Schedule 2 of the EIA Regs.
• Mayor of London v FSS and Victoria Halls Ltd [2008] EWHC 631 Admin - Planning costs.
• White v Herefordshire Council [2007] EWCA Civ 1204
• R (on the appln. of Sinan Bayraktaroglu) v S. Cambridgeshire DC and Sawston Hall Hotel Ltd. [2007] EWHC 964 Admin. Material considerations for development of a listed building.

Experience

INFRASTRUCTURE

Energy and Natural Resources

• Nuclear: promoting Hinkley Point ‘C' nuclear power station and advising upon Sizewell ‘C' proposals; the Cheviot Hills nuclear waste repository Inquiry and advising upon Sellafield deep burial.
• Conventional energy work has included promoting and opposing opencast coal mining in the North-West of England.
• Transmission and storage has included the North Yorkshire overhead line wayleave inquiries; the East Yorkshire underground Gas Storage Inquiry; coal importation and storage and ash disposal. Wayleaves: YEDL v Miller Homes Ltd. (2008) Ch.

Airports and Other Transport

• Opposing development likely to curtail the operation of Southampton Airport at Inquiry and in BAA v SSETR & Gazeley Properties Ltd. [2002] EWHC 1920 Admin. - EIA required for whole road and not just new parts applied for. Advisor to a large business airport for many years. Wisley, Headcorn and Redhill Inquiries.
• Other transport work includes drafting TWAOs for a new railway, river crossing and wharves; motorway service area inquiries and heliports at Trig Lane, Central London Heliport (inquiry) and Thames floating heliport Thames Heliport v Tower Hamlets LBC [1997] JPL 448

Water

• Waste Water: Moase and Lomas v. SSETR and South West Water Ltd. (2000) 00/5551/C CA; and R (oao Moase & Lomas) v. Environment Agency [2001] EWHC 231 Admin - defending South West Water CPO.
• Drought Orders: Thames; Southern and Sutton and East Surrey Water Companies.
• CPOs: South West Water and Northumbrian Water.
• Waste: Planning permission obtained on appeal for Hazardous Waste Transfer Depot in built-up part of Newbury. Advice and arbitration on landfill sites. Development plan objections to waste proposals e.g. near airfield.

ENVIRONMENT

Waste
Defending tipping in a sensitive location: Kirklees BC v Brook [2004] Ch. Waste defined for planning purposes. Obtaining permission for waste facilities. Restoration disputes. Waste licensing disputes, hearings and defence.

Energy
Discharge and abstraction consent applications and advice for sewage treatment works and for power stations.

Water
Pollution advice and licensing. Advice and Adjudication on the ownership of water and its value.

Statutory Nuisance
Successfully defending un-insulated night-club in proceedings for noise affect on new adjoining residential conversion

PLANNING

Town and Country Planning
Involved in high profile planning inquiries such as Merry Hill extension; MSAs on A1M, M4/M25, M5, M6, M40, M42, M62 and M11.

Housing
Norwich affordable housing inquiry; Local Plan promotion (Bury St. Edmunds) and opposition (Rushcliffe); care homes obtained (Sutton and S.Staffs) and on London Hospital sites.

Retail
Town centre redevelopment (Bury St. Edmunds); Merry Hill extension; inquiries in Rotherham, Exeter etc.

Agricultural Marketing Development and Diversification

• Minerals: sand and gravel in the Forest area of Hampshire. Secretary of State submitted to judgment in High Court proceedings. Opencast coal inquiries in the north-east. Mineral plan hearings. Various High Court challenges on ROMPS:
  Henlow Grange v Secretary of State Use of old sand pit
  Aggregate Industries v First Secretary and English Nature Human Rights/SSSIs
  R v East Sussex CC ex p ARC Ltd ROMP conditions
  issued too late
  Van Leeuwen v Devon County Council ROMP
• Enforcement: Large agricultural storage buildings. Hang-gliding Peak Park; Parachuting Headcorn; Incinerator - LB Hillingdon; Bovingdon Aerodrome etc.
• Flooding: Permission obtained on appeal for development within floodplain in Derby and North Yorkshire. Lawful use (CLEUDS)
• Advised administrators of estate that the period of vacancy of a dwelling house with an occupancy condition following death and during probate did not invalidate the claim to four years use as a single dwelling - accepted by the LPA
• Established that windows could be replaced with PVC double glazing at a residential care home within a conservation area, notwithstanding IPA opposition and refusal of planning permission on appeal
• Barker v SSETR [2001] JPL 1299 - successfully extended use as a single dwelling house and the four year rule to part of a buildings: see Planning Ency Vol 2
• Successfully obtained CLEUD for a family where the previous owner and vendor had been refused one - question was whether used for residential purposes for 10 years (not as a single dwelling) and in breach of condition for 10 years (i.e. occupation in issue not use)
• Advised on complicated planning history over whether and how many chalets can be constructed under a historic but implemented permission and whether or what restrictions apply; and on residential use of a garage building where the refusal raised the question of whether or not the use has been continuous over four years
• Successful CLEUD for proposed helicopter landing in London garden
• Obtained CLEUD on appeal that an occupancy condition (in standard form) on a farm-dwelling pre-dated planning and Fawcett, was a taxation provision and was no longer enforceable. Also that an extensive period of renovation by the non-farming owner did not destroy continuity of non-agricultural occupation. Under challenge from the LPA.
• Listed Buildings and Conservation Areas: Responsible for applications to re-develop listed G II Great Hall Complex for Lincoln's Inn and successful in obtaining planning permission and listed building consent from Camden LB advised by EH for complete redevelopment of the lower two floors of the entire complex. Also obtained permission, on appeal, for the William Pye Fountain in New Square, despite objections from most surrounding Chambers etc.
• Successfully defended the developer's planning permission and listed building consent for conversion of a G I listed building into a hotel: R (on the appln. of Sinan Bayraktaroglu) v S. Cambridgeshire DC and Sawston Hall Hotel Ltd. [2007] EWHC 964 Admin.
• Successfully opposed proposals for ‘enabling' development of a derelict coaching-inn into part of a Motorway Service Area at Bramham, A1(M), N. Yorks.
• Successfully objected, for a neighbour, at called-in Inquiry, to proposals grant consent to build new hotel development in the garden of a large listed hotel near Rickmansworth.
• Successfully opposed housing proposals on on design, at Inquiry, on a sensitive estuarine site next to a G I Church in Devon. Developers then approached objectors to draw up an acceptable scheme which subsequently won awards. Also currently opposing conversion of listed barn within the curtilage and under the battlements of a G I crenellated castle in Suffolk.
• Unsuccessfully opposed National Trust plans to alter/demolish its own listed buildings and first listed squash court.
• Defeated open cast coal proposals on grounds of proximity to listed church and churchyard in Northumberland.
• Obtained planning permission and listed building consent for large, Lutchyens-esque extension to a listed farmhouse in the open countryside in Hampshire.
• Drafted and proposed Transport and Works Act Orders for Gun Wharf and Mast at Portsmouth and for the new Hungerford Bridge footbridges at Charing Cross.
• Promoted controversial listed buildings elements for the conversion of County Hall for hotel use.
• Junior Counsel in London Docklands Development Corporation v Rank Hovis McDougall Ltd. [1986] JPL 826 (demolition of main listed building in Docklands); also in gaining consent for Canary Wharf to be built astride the G I listed banana dock walls.
• Successfully argued that a listed building enforcement notice could not require unlawful or illegal acts, particularly where the steps specified would themselves require consents: Mackay v SSE [1994] JPL 806.
  Transport and Works Act Orders
• Drafted railway, bridge and wharf TWAOs (Central, Portsmouth and Hungerford Bridge)

LAND VALUATION

Planning Compensation

• Purchase notice compensation: White v Herefordshire Council [2007] EWCA Civ 1204 concerning procedure where more than one notice served but only one resisted.
  Compulsory purchase compensation
• Promoted numerous compulsory purchase orders for development corporations and statutory authorities, for example: London Docklands Development Corporation; Bristol Development Corporation; Black Country Development Corporation; Sheffield Development Corporation; Hardwick Airfield landraising (opposed); Cornborough STW Craster STW and appeared at the Wembley CPO.
• Compensation cases settled - Strood and Thameslink.

Other Land Valuation
Arbitration on price payable with benefit of planning permission.
Water valuation.

Rating

Agricultural Rating and exemptions; transitional relief; university exemptions; Council Tax - meaning of self-contained ‘flat': Jorgenson (LO) v Gomperts [2006] EWHC 1885 Admin. Promptitude of demands: North Somerset v Chevrolet UK Limited pending.

PUBLIC LAW

Statutory and Judicial Review Various statutory and non statutory jr cases in the High Court, listed below

• Local Government Advice and acting for a number of planning authorities on planning and rating matters
• Audit: Grubb v Price Waterhouse Coopers and Nottingham City Council (2000) expenses; Westminster (advising former Chief Executive).
• Human Rights Aggregate Industries v First Secretary and English Nature [2002] EWHC 908 Admin - Article 6.
• Advising owners threatened by the imposition of coastal paths.
• Parliamentary Member of the Parliamentary Bar.
  Petitioned against Crossrail for Land Securities

SPECIALIST AREAS

• Footpaths, Commons and Village Greens
• Public Access: footpath applications (resisting an application by a Parish Council application in Northumberland
• Village greens: resisting an application on former school land in East Sussex for which planning permission had been granted
• Alternative Dispute Resolution: Early Neutral Evaluation before Lord Woolf

Publications

• Contributor to ‘Compulsory Purchase and Compensation Service', published by Tottel Publishing
• Francis Taylor Building seminar papers on Minerals, Curtilage Development, Power Connections, GPDO exemptions for utilities, Water and sewerage.
• External seminar speaker
• ‘Social Justice' RGS (PERG) International Conference in Boston

Qualifications and Appointments

• MA Geography (First), from Christ Church, Oxford
• Scholarships: Lincoln's Inn Hardwicke and Mansfield Scholar. Megarry Student
• Professional Affiliations: PEBA, Agricultural Law Association,
  Fellow Royal Geographical Society
• Bencher Lincoln's Inn
• Member of the Parliamentary Bar

Reported Cases

R (oao Roudham and Larling PC) v Breckland DC and Paul Rackham Ltd [2008] EWCA Civ 714 - Adequacy of reasons for granting permission; whether change of use of large agricultural buildings within Schedule 2 of the EIA Regs.

• Mayor of London v FSS and Victoria Halls Ltd [2008] EWHC 631 Admin - Planning costs.
• R (oao Park Pharmacy Trust) v Plymouth City Council [2008] EWHC 445 Admin - misdescription of applicant did not mean application for planning permission improperly constituted.
• White v Herefordshire Council [2007] EWCA Civ 1204 Compensation for purchase notices
• R (on the appln. of Sinan Bayraktaroglu) v S. Cambridgeshire DC and Sawston Hall Hotel Ltd. [2007] EWHC 964 Admin. Material considerations for development of a listed building.
• Jorgenson (LO) v Gomperts [2006] EWHC 1885 Admin. Promptitude of demands
• Exmouth Marina v First Secretary of State [2004] EWHC 3166 Admin
• Exmouth Marina v First Secretary of State [2003] EWHC 1500 - Limitation distinguished from a condition
• R v West Berkshire DC ex p Lynes [2002] EWHC 1828 (Admin) - time for compliance with enforcement notice.
• Vallen International Ltd v SSTLGR (2002) 21 EG 145 shell of fire damaged building not existing dwelling or in established residential use, whether or not use abandoned.
• R v English Nature and SSTLGR ex p Aggregate Industries [2002] EWHC 908 Admin - Article 6, Human Rights and SSSIs
• Downderry Construction Ltd v SSTLGR & Caradon DC [2002] EWHC 2 (Admin) - estoppel.
• BAA v First Secretary of State and Gazeley Properties [2002] EWHC 1920 Admin - BAA established that EIA needed for reserved matters, FSS withdrew appeal to CA
• Macgay/Moto v Leeds City Council (2002) Part of Leeds UDP quashed
• R v Bedfordshire CC ex p Henlow Grange Health Farm Ltd [2001] EWHC 179 Admin
• Moase v Environment Agency and South West Water Limited [2001] EWHC 231 Admin Bathing water and waste water discharge licensing
• Moase v SSETR and South West Water Limited (2000) STW CPO challenged
• Macgay v Secretary of State for the Environment Transport and the Regions etc. (2000) Elias J and (2000) CA - MSA appeals quashed and decision upheld in CA
• Grubb v Price Waterhouse Coopers (2000) Audit challenge to Notts CC councillors' expenses
• R v Caradon DC ex p Knott (1999) P&CR estoppel where discontinuance notice served
• Bainbridge v Hambleton DC (1999) LTL 13-1-2000
• R v East Sussex CC ex p ARC Ltd (1999) Times Oct. 13th - Time for giving ROMP conditions
• Hillingdon BC v SSETR and Hillingdon NHS Trust and Clinical Energy Ltd (1999) Crown immunity in enforcement proceedings

Earlier Reported Cases

• Covell VO v Streatfield Hood agricultural derating
• Hatfield Construction v SSE Inspectors assumed to have read circulars
• Carter v Maidenhead RBC compensation for Article 4 Direction on farmland
• GLC v Greenwich LB challenges to Canary Wharf
• LDDC v RHM statutory power necessary to obtain injunction restraining demolition of one of last listed buildings in Docklands
• Royal Insurance v SSE treatment of viability in authorising a CPO
• Brookwood Cemetery v SSE changing purpose of CPO
• Tower Hamlets LBC v SSE and Nolan whether pebble-dashing actually permitted by the GDO
• Pelham Homes Ltd v SSE local plan housing challenge
• Thames Heliport Ltd v Tower Hamlets LBC [1997] JPL 448 and Planning Ency. P55.13 "a marginal case" - floating heliport requires planning permission; whole of Thames a planning unit
• JL Engineering v SSE later evidence considered on quashing
• Mackay v SSE enforcement notice cannot require a step which would be unlawful without separate authorisation
• Forest of Dean v SSE off-site factors amounting to a change of use
• Bannister v SSE Approach to applications to lift occupancy conditions and meaning of person aggrieved
• Camden LB v SSE and Barker Estoppel where officers authorised works and Committee subsequently disagreed with officers after works commenced
• Langridge v Howletts and Port Lympne Estates Limited Allowing contact between handlers and tigers not a breach of health and safety in the event of death of the handler
• Baker v Secretary of State Residential occupation of part of a structure sufficient for establishing the four year period
• MH Securities v Secretary of State Obligation on the Inspector in written representation cases to identify and apply the correct development plan policy notwithstanding that the planning authority supply the wrong or irrelevant policies.