Planning and Infrastructure
CPO and Compensation
PLANNING AND INFRASTRUCTURE
Town and Country Planning
Planning represents a significant element of his practice. He has appeared at numerous planning inquiries on behalf of both developers and local planning authorities, and has wide experience in the fields of residential, commercial, industrial and institutional/community development.
Significant projects in differing fields include
- Promoting large scale residential development within the Kent greenbelt;
- Promoting retail development in the form of a B&Q Superstore at Castleford;
- Promoting the construction of a book depository to serve the Bodleian Library for Oxford University; and
- Resisting multiple windfarm developments in rural Norfolk.
Recent Inquiry appearances include acting for Central Bedfordshire Council in a series of 15 Section 78 Appeals. Most recently he successfully prevailed upon an Inspector to disapply the 'Standard Method' as provided in the NPPF, and instead assess local housing need on a bespoke basis for the district.
Court Appearances including acting in three of the leading cases on planning enforcement, namely Sumner v. Secretary of State and Wycombe District Council (2010) EWHC 372 in the High Court, Jackson v Secretary of State  EWCA Civ 1246 in the Court of Appeal, and Welwyn Hatfield Borough Council v. Secretary of State and Beesley (2011) UKSC 15 in the Supreme Court. Development control proceedings include
- R(on the application of Coleman)v London Borough of Barnet  EWHC 3725
- R(on the application of Creed-Miles) v London Borough of Southwark  EWHC 853
- R(on the application of the Forge Field Society) v Sevenoaks District Council  EWHC 1895
- R(on the application of Working Title Films v Westminster City Council 
He also advises authorities on the subject of local development frameworks, and has promoted various development plans in both England and Wales. In 2018 he promoted both the London Borough of Hammersmith and Fulham and the Harborough Local Plans at Examination. He is currently acting on behalf of Cheshire East Council to promoted an Area Action Plan for the regeneration of Crewe Town Centre.
He has experience in connection with a wide range of infrastructure development and nationally significant infrastructure projects. He is currently acting for the promoters of two separate Strategic Rail Freight Interchanges, Northampton Gateway and West Midlands Interchange. In addition he is also promoting the Riverside Energy Park on behalf of Corey Environmental Holdings Ltd, as well as promoting a fuel pipeline on behalf of ESSO. He previously acted for Thames Water to promote the Thames Tideway Tunnel. In this regard he also acted for Thames Water in resisting four sets of judicial review proceedings brought in respect of the DCO, including R (Blue Green Economy) v Secretary of State  EWCA Civ 876 and R (London Borough of Southwark) v Secretary of State  EWHC 495. Further, he also promoted the Resource Recovery Facility at Rookery South on behalf of Covanta and acted for Associated British Ports to oppose the grant of consent for a Marine Energy Park adjacent to the Port of Immingham on the Humber Estuary.
Other infrastructure work includes acting on behalf of National Grid to deliver LNG Pipelines in South Wales, and advising the same company regarding the construction of tunnels beneath North London to accommodate high voltage electricity cables required in connection with Crossrail.
Work in the wind energy sector includes appearing on behalf of the local planning authority at planning inquiries to oppose wind farms in North Norfolk.
He is an author of the National Infrastructure Planning Service.
Listed Buildings and Conservation
He has acted on behalf of developers and planning authorities at public inquiries concerned with development in extremely sensitive contexts. Projects include the re-development of a contaminated site adjacent to a Grade I Listed Cathedral in Norwich, and the erection of residential development in the Hampstead Conservation Area, adjacent to a Grade I Listed Georgian Terraces.
In addition, he also appears in criminal matters relating to listed buildings, appearing on behalf of both prosecuting authorities and defendants. Notable appearances include the successful prosecution of an individual for unauthorised demolition of a Grade II listed 'International Modern' building, on behalf of English Heritage.
He has lectured on the law relating to listed buildings at Oxford Brookes University and Christies, London.
CPO AND COMPENSATION
He has significant experience in compulsory purchase litigation, both at Inquiry level and in the High Court.
As regards infrastructure, he successfully sought the authorisation of Compulsory Purchase Powers from the IPC in connection with promotion of a 65MWe Energy from Waste facility, and from the Secretary of State in connection with the Thames Tideway Tunnel on behalf of Thames Water. He has also successfully promoted compulsory purchase orders on behalf of National Grid, in connection with the construction of an LNG pipeline from Milford Haven through the Brecon Beacons National Park.
In addition, he has wide experience of regeneration CPOs. Recent instructions include promotion of Orders in connection with town centre schemes, (Crewe, Wokingham and Caterham), and housing estate redevelopment (Telfer House Islington, Aberfeldy Estate, Tower Hamlets). He has also previously advised both Westminster City Council and London Borough of Barnet regarding promotion of compulsory purchase orders for large-scale housing regeneration. He is currently promoting a series of three CPOs in connection with the regeneration of housing estates in the London Borough of Merton.
As regards court work, he was instructed by the London Development Agency in Judicial and Statutory Review proceedings, resisting legal challenges to the compulsory purchase order facilitating site assembly for the London 2012 Olympics (Sole v Secretary of State and London Development Agency  EWHC 1527 and R (on the application of Manor Gardens Society) v London Development Agency).
Compensation and Land Valuation
He has a wide experience of compensation litigation, and regularly appears in the Lands Tribunal on behalf of both Claimants and Acquiring Authorities. He acted as junior counsel in the landmark valuation case of Optical Express Ltd v Birmingham City Council (ACQ/109/2002). Subsequently, he appeared in the significant decisions of Urban Edge Ltd. v. London Underground Ltd  UKUT and TNL Ltd v. Lancaster City Council  UKUT, (both of which were concerned with planning assumptions as relevant to valuation) and Kaufman v Gateshead Borough Council  UKUT 8 (LC) (which was concerned with ransom payable in respect of urban regeneration). He has particular expertise in handling complex cases involving extinguishment of businesses and business loss generally. In this context he recently acted for the successful claimant in Welcocks Ltd v Network Rail  UKUT 0162.
He acted on behalf of the GLA in a series of proceedings relating to the compulsory acquisition of land in connection with the London 2012 Olympics, These included the first such reference to come before the Tribunal, Clearun Ltd v GLA  UKUT 0116, as well as substantial business disturbance claims in Kendon Packaging v GLA  UKUT 6354 and Bluefoot Foods Ltd v GLA  UKUT 0208.
He also acted for a number of dispossessed claimants in connection with the compulsory acquisition of land for Crossrail, including Grosvenor Properties and William Hill. He then appeared for the successful claimant in SME (Hammersmith) Ltd v TfL  UKUT 0091, in which case he achieved a record multiplier for a business disturbance claim.
He is currently advising claimants in respect of HS2, and acting for TfL as the acquiring authority in connections with claims brought in connection with the Northern Line extension. He is also acting on behalf of claimaints with reference to the Thameslink scheme.
He recently appeared in the Supreme Court on behalf of the Compensating Authority in Bloor v HCA,  UKSC 12, in a landmark decision concerning the correct approach to assessment of development value.
As regards Commonwealth jurisdictions, he recently advised a hotel consortium in the Cayman Islands regarding the acquisition of its land for a new highway scheme. He is also currently instructed by the Government of Bermuda, resisting a $90 million claim for compensation arising from the cancellation of a development agreement in respect of the Hamilton Waterfront.
He also acts in mineral compensation matters. In this regard he appeared on behalf of Dorset County Council in compensation litigation relating to the modification of Minerals Permissions owing to environmental designation of quarries, and appeared both in Bond v Dorset County Council  UKUT 364 and Stone Firms Ltd v Dorset County Council  UKUT 0527.
He acts in Parliamentary Proceedings, with notable recent experience petitioning in respect of HS2 on behalf of both private landowners/companies and public authorities. In 2018 and 2019 he appeared before the Parliamentary Select Committee on various occasions in connection with proposals to tunnel part of the phase2A route beneath Ancient Woodland in Staffordshire, and also in connection with the implications of HS2 for regeneration of Crewe and the wider area of Cheshire.
Other Parliamentary work includes acting in Special Parliamentary Procedure proceedings, regarding the Development Consent Order for Able Marine Energy Park.
Judicial and Statutory Review
He is regularly involved in High Court litigation. Cases of note include having acted for the Mayor of London to defend a legal challenge to the introduction of the congestion charge in Central London (R (Westminster C.C.) v Mayor of London (2003) BLGR 611) and acting on behalf of the London Development Agency to resist review of the mechanism to assemble the site for the 2012 London Olympics Sole v Secretary of State and London Development Agency  EWHC 1527.
Other experience includes bringing a challenge against the Welsh Assembly's grant of planning permission for large scale opencast coal mining in Merthyr Tydfil, (Condron v National Assembly for Wales (2007) BLGR 87, now a leading authority on 'apparent bias'), and challenging the decision of the Minister of Planning in the Turks and Caicos Islands to grant planning permission for the creation of an artificial island within a marine nature reserve (R v Physical Planning Board Challenge ex parte Young & Hesse  CL 02/08).
Earlier this year he appeared on behalf of the Government of Bermuda to resist a constitutional challenge in respect of legislation enabling the Government to void property rights in Allied Trust & Allied Development Partners Ltd v The Attorney General of Bermuda an the Minister for Home Affairs  Civ. No. 127
He regularly advises and appears in connection with disputes relating to payment of non-domestic rates. In this regard, in 2015 he was instructed by Harrods to contest their assessment in the 2005 list before the Lands Tribunal, and previously appeared in the High Court in the Deloitte LLP and Thomson Financial v. City of London.
He also acted for the successful Claimant in Rotherham Metropolitan Borough Council v Langtree Commercial Property, regarding the liability of property owners to pay rates in respect of vacant property. Other appearances in similar proceedings include Metis Apartments v Sheffield City Council and Commercial Development Projects v St Helens Borough Council.