Suzanne Ornsby is a highly proficient public, planning and environmental lawyer with wide experience of acting for utilities, multinationals, planning authorities, action groups and individuals. She is regularly involved in statutory challenges and judicial reviews as well as promoting or opposing major proposals relating to water and electricity supply, minerals and waste, together with commercial and residential schemes including those affecting the built heritage. She is consistently recognised as a leader in this specialist field of work in the Legal 500, Legal Experts and in Chambers and Partners as an advocate with a "rigorous and meticulous style" who gives "great commercial advice and is a delight to work with" as well as being "a highly proficient inquiry advocate at the planning bar".

Suzanne states that "whilst nothing in this life is guaranteed and certainly not in planning litigation"  her main objective is "to ensure that I completely understand the client's objectives so as to place that client in the best possible position to achieve those objectives through deployment of the most effective legal tools available, in the most cost effective way".

Planning and Environmental

Residential

Suzanne has extensive experience in promoting and opposing residential schemes ranging from major urban extensions to small niche developments. She acts for National Housebuilders, such as Taylor Wimpey, and small developers such as Edward Blake Ltd. She also acts for numerous local planning authorities. Her advice has been extensively sought from both the private and public sector on the interrelationship of the different layers of housing policy contained in PPS3, the revoked and now reinstated regional strategies, Core Strategies, the implications of the Open Source Planning Green Paper, the various recent pronouncements by the Coalition Government, and the five year housing supply including analysis of Annual Monitoring Assessments and the implications of "localism". She also regularly provides advice on section 106 contributions including the vexed issue of viability (acquisition price versus residual value) and affordable housing policy. She appears at numerous planning inquiries, where these issues are the determining factor whether planning permission is granted. She also lectures at seminars/breakfast briefings on housing matters. Suzanne has recently acted for the claimant authority in the successful statutory challenge against the South East Plan and its failure to comply with the Strategic Environmental Assessment Directive in its inclusion of a large urban extension to Oxford. She also appeared, successfully, at the first public inquiry to consider the application of Circular 01/06 to Design and Access Statements for a major urban extension at Filton Airfield in Bristol. Her advice is regularly sought on design issues arising on residential proposals. Suzanne has promoted various development plans in which the main controversial topic has been the allocation of land for housing and has acted on various regeneration proposals including major proposals for regeneration in Weston super Mare. She has appeared at and advised on matters relating to village greens. She is also expert in matters relating to residential development and the operation of the General Permitted Development Order 1995 and has recently successfully acted on a complex inquiry on its application. She has also acted for QinetiQ in respect of the redevelopment of a previous MOD site for major residential development. She provides advice and appears at inquiries into proposals for replacement dwellings in the countryside and extensions to such dwellings. She has been appointed as an Independent Planning Counsel under the provisions of the Arbitration Act 1996 in contractual disputes over residential development.  Suzanne is currently engaged with a Judicial Review, prosecution and Residential Property Tribunal Appeal in respect of numerous properties in relation to Part 2 of the Housing Act 2004 relating to  Houses in Multiple Occupation.

Commercial and utilities

Commercial

Suzanne has substantial experience, in the public and private sector, of different types of commercial development including B1,B2 and B8 uses, residential care, minerals and waste development. She has recently appeared, successfully, for a developer at an inquiry into the redevelopment of a prominent site in the city centre of Bristol to accommodate a landmark, tall building for B1 and retail and restaurant use. Suzanne also acts for operators of residential care homes and has extensive experience of conversion and expansion of buildings for residential care. She acts for minerals and waste operators, including Hanson, Tarmac and Cemex.  She also has acted on a number of major  urban extensions which have included a significant element of commercial and retail floor space as well as acting for the Co-Op. She also appeared at the inquiry into a proposal for the first all weather racecourse in the UK in the green belt in Essex designed by Norman Foster.

Utilities

Before Suzanne practiced at the Planning and Environmental Bar she worked for the CEGB in its large in house legal department where she gained substantial knowledge about the operation of the electricity supply industry, including nuclear power, and was actively involved for the CEGB  at the Hinkley C inquiry. She has subsequently acted for National Power and National Grid. Suzanne also acts extensively for Thames Water. She, successfully, appeared for Thames Water at the major inquiry held into the UK's first desalination plant and has recently appeared for Thames Water at the major inquiry held into its Water Resources Management Plan which includes a substantial reservoir in Abingdon. She has also advised on the implications of the Environmental Assessment of Plans and Programmes Regulations 2004, the Habitats Assessment Regulations 2010 and the Water Framework Directive together with the potential for infraction proceedings against the UK Government in its application to major infrastructure projects to improve water quality. Suzanne has acted for North Somerset District Council on proposals to expand Bristol Airport and the Avon Docks, both of which are in the green belt. She has lectured and advised extensively on the implications of the Planning Act 2008 for major infrastructure projects in particular the proposed National Policy Statements, the implications of strategic environmental assessment and the requirements for consultation.

The Built Heritage

Since the time Suzanne commenced practice at the Planning and Environmental Bar she has been extensively involved in proposals that affect the built heritage. She acted for English Heritage at a major inquiry involving the demolition of a large block of buildings on Baker Street which tested the implications of PPG15 (1994). She also acted for English Heritage on the test case on the Battlefields Register in respect of a proposal that affected part of the site of the Battle of Tewkesbury, called in by the Secretary of State at English Heritage's request. She has acted for Westminster City Council in respect of the "Spectacolour" sign in Piccadilly Circus and for developers in connection with a highly controversial scheme in the Clifton Conservation Area, in Bristol, for two neoclassical town houses designed by Robert Adam, architectural adviser to Prince Charles. She has acted for third parties in connection with Garsington Opera. She has recently acted at an inquiry into proposals that affected a listed building previously owned by Agatha Christie. She has extensive experience of applying the Listed Buildings Act 1990. She also has extensive experience of proposal to convert listed buildings to alternative uses. The Tall Building inquiry that she has recently appeared in was adjacent to a conservation area and listed buildings.

Regulatory matters

Planning and environmental

Suzanne has extensive experience of regulatory matters. Prior to joining the Planning and Environmental Bar in 1990 she practiced at the Criminal Bar and is therefore familiar with the criminal courts. She has appeared at numerous enforcement notice inquiries covering all the grounds of appeal under section 174 of the Town and Country Planning Act 1990. She has also appeared on numerous occasions in respect of statutory challenges and judicial reviews relating to enforcement action as well as criminal prosecutions. She has advised and appeared on issues relating to environmental nuisance including injunctive relief, abatement notices and criminal prosecutions covering matters such as vibration, caused through blasting at a quarry, noise generated by aircraft and motor racing and damage to listed buildings.

Other regulatory matters

Suzanne has regulatory legal experience beyond planning and environmental law. She recently acted for two major sand and gravel operators at the first inquiry held in the UK into dues charged by a harbour authority on sand and gravel dredgers under the Harbours Act 1964. She appeared for the Lake District National Park Authority at the inquiry into its proposal to reduce the speed limit on Lake Windermere.  

Compulsory Purchase and Compensation

Suzanne also has experience of compulsory purchase and compensation. She has appeared at inquiries into compulsory purchase orders and has recently appeared for National Grid relating to a compulsory purchase order for a bypass that affected one of its gas pipes. She also advises on compensation and has recently advised a housing company in respect of a certificate of alternative development under section 17 of the Land Compensation Act 1961 and a minerals company in connection with the sterilisation of minerals under schedule 14 of the Water Industry Act 1991.  Suzanne is a member of the Compulsory Purchase Association.

Professional Negligence

Suzanne has advised both insurers and individuals on numerous occasions on professional negligence on planning matters the majority of which settle prior to court action. However she did appear for the successful party in Motorcrown Petroleum Ltd one of the leading cases on professional negligence in the planning context.

Recent cases include:

• Wates Development Ltd-v-South Oxfordshire District Council
  Urban extension to the market town of Wallingford. Application of PPS3, RSS, the Adopted Plan and emerging Core Strategy. Five year housing supply.
• JSBloor and Hallam Land Ltd-v-South Oxfordshire District Council
  Major extension to the village of Benson. Application of PPS3, RSS, the Adopted Plan and emerging Core Strategy and Site Allocations DPD. Five year housing supply.
• Fairview New Homes Ltd-v-Wycombe District Council
  Redevelopment of University site for 106 houses. Application of affordable housing and  design policies. Five year housing supply.
• Jenkins-v-South Gloucestershire Council
  Curtilage development of lake with island, gymnasium, tennis court, games room, triple garage, workshop, summer house, and swimming pool. Application of Collins-v-Secretary of State for the Environment; Skerrits of Nottingham Ltd-v-Secretary of State for the Environment; Sumption-v-London Borough of Greenwich; Barnett-v-Secretary of State for Communities and Local Government.
• Edenlaw ltd-v-Bristol City Council
  Tall building to contain B1, A1 and A3 uses. Application of Tall Buildings and Design policies. Impact on adjacent listed buildings and conservation area.
• Thames Water Utilities Ltd.
  Major inquiry into Thames Water's Water Resources Management plan
• Tarmac and United Marine Dredging Ltd-v-Langstone Harbour Board.
  Inquiry into dues imposed under the Harbours Act 1964
• Devon County Council-v-National Grid.
  CPO inquiry into extension of the A380 and Kingskerswell bypass.
• South Oxfordshire District Council-v-Secretary of State for Communities and Local Government.
  One of the first applications under section 113 of The Planning and Compulsory Purchase Act 2004 to quash urban extension to Oxford contained in the South East RSS due to failure to comply with the Environmental Assessment of Plans and Programmes Regulations 2004.

Professional membership

Suzanne is a member, and previous secretary, to the Planning and Environment Bar Association, a member of UKELA, the Administrative Law Bar Association, the Compulsory Purchase Association and the Health and Safety Lawyers Association. She is a trained advocacy instructor for the Middle Temple.

For a more comprehensive discussion of Suzanne Ornsby's experience please contact James Kemp on  020 7427 1846.