Public & Administrative Law
Annabel has appeared in a number of landmark judicial reviews which have developed the law. She acts for Claimants and Defendants and is a member of the Attorney General’s Regional Panel of Counsel for Wales. She is described in Chambers and Partners (Planning & Environment) as being: "A young barrister with a very clear mind, who is analytical." "She’s very thorough and clever, and a real asset to her chambers." Legal 500 describes her as having "a very sharp legal mind". She was invited to speak at the 2019 JPLC Oxford Planning Conference on ‘Shining a Light on the BRE’ and daylight and sunlight assessments as a result of her successful appearance in the Guerry case (see below).
Reported cases include:
- Khiroya v Southwark LBC  UKUT 190 (LC) (deemed consent for the display of advertisements and the running of the burden of a restrictive covenant)
- R (Guerry) v Hammersmith and Fulham LBC  11 WLUK 5 (proper approach to daylight and sunlight assessments and the BRE Guide)
- R (Tate) v Northumberland CC  EWCA Civ 1519 (consistency in decision-making)
- R (Deep Banghard) v Bedford BC  EWHC 2391 (Admin) (Enforcement Notices, scope of s. 70C Town and Country Planning Act 1990)
- R (Mansell) v Tonbridge and Malling BC  EWHC 2832 (Admin);  EWCA Civ 1314 (interpretation of Permitted Development rights, 'fallback', and NPPF presumption in favour of sustainable development)
- Powys CC v Price  EWHC 2596;  EWCA Civ 1133 (contaminated land, local government reorganization)
- R (Tate) v Northumberland CC  EWHC 664 (Admin) (meaning of 'village', infilling, reasons)
- R (Wilkinson) v South Hams DC  EWHC 1860 (Admin) (open space policy, Habitats Directive)
- R (Forster) v SSCLG  EWHC 2367 (Admin);  EWCA Civ 609 (grassroots music venues, relationship between planning and licensing regimes)
- Tanna v Richmond LBC  EWHC 1268 (Admin) (deliberate concealment, Planning Enforcement Order)
- R (Jedwell) v Denbighshire CC  Env LR 24 (Environmental Impact Assessments, cross examination in judicial review, reasons)
- R (Jedwell) v Denbighshire CC  Env LR D2;  Env LR 17 (CA) (Environmental Impact Assessment screening opinion validity)
- R (Calverton Parish Council) v Nottingham City Council  EWHC 1078 (Admin) (Strategic Environmental Impact Assessment, Green Belt)
- Nottingham City Council v Calverton Parish Council  PTSR 1130 (time limits for filing claims)
- R (Davies) v Carmarthenshire CC  Env LR 29 (Environmental Impact Assessment, the "Dylan Thomas wind turbine" case)
- R (Wingrove) v Stratford on Avon DC  PTSR 708 (Enforcement Notices, s. 70C Town and Country Planning Act 1990)
- R (Savage) v Mansfield DC  EWCA Civ 4 (Special Protection Areas, Natural England, s. 106 agreements)
- R (Vicente) v SSCLG  PTSR D9 (CA) (procedural irregularity in planning hearing)
- R (Botley Parish Action Group) v Eastleigh BC  EWHC 4388 (Admin) (alternative sites for residential development, Protective Costs Orders)
- R (McClellan) v Lambeth LBC  EWHC 1964 (Admin) (Conservation areas, trees)
- R (Wakil (t/a Orya Textiles)) v Hammersmith and Fulham LBC  Env LR 3;  Env LR 14 (CA) (Strategic Environmental Assessment, Supplementary Planning Documents, Equalities Duties)
- R (San Vicente) v SSCLG  EWHC (Admin);  EWHC 2713 (Admin);  1 WLR 966 (CA) (principles on amending grounds after deadline)
- R (Agarwal) v University of Nottingham  EWHC 1015 (Admin) (fitness to practice, professional regulation, striking off)
- Reepan & Sons v Bromley LBC  EWHC 4392 (Ch) (village greens, summary judgment, fairness)
- R (Elliott) v SSCLG  Env LR 5 (Habitats Directive, parks, s. 106 agreements)
- R (Bowen West) v SSCLG  Env LR 22 (Environmental Impact Assessment, radioactive waste)
- R (Sandhar) v Office of the Independent Adjudicator  EWCA Civ 1614 (higher education)
- R (Budd) v Office of the Independent Adjudicator  ELR 579 (higher education)
- R (Dullingham Parish Council) v East Cambridgeshire DC  EWHC 1307 (Admin) (Protective Costs Orders)
Transport, Infrastructure & Compulsory Purchase
Annabel has experience of major infrastructure through the DCO, Transport & Works Act and Parliamentary Bill procedures, as well compulsory purchase in an advisory, inquiry and land valuation context.
She enjoys being part of a team and is described in Chambers and Partners 2017 as: "not afraid to roll her sleeves up and get stuck in. She is very approachable, good to work alongside and is well liked by clients".
Transport & Infrastructure Experience:
- Acting as part of team from Womble Bond Dickinson UK promoting of a new rapid transit bus scheme from the A11 via Sawston and Shelford to the Cambridge Biomedical Campus, following a competitive tender. Annabel is providing strategic advice to the Greater Cambridge Partnership to ensure the smooth running of the process to consent
- Tir Pentwys Mine, Torfaen (acted for the developer, with Morag Ellis QC)
- M4 Corridor around Newport (acted for Associated British Ports, with Andrew Tait QC
- High Speed 2 (appeared on five occasions before the Parliamentary Select Committee)
- Brechfa Forest Connection Project DCO (advised the council, with Morag Ellis QC)
- Bristol Rapid Transit Bus Transport & Works Act Order (acted for the promoter, with Robin Purchas QC, resulting in the Secretary of State making the Order)
- Linton Wind Farm (successfully acted for a major landowner resulting in the scheme being dismissed due to the impact on bats) (Annabel has a particular interest in acoustics stemming from her academic background in music and is the author of the often cited ‘Noise from Wind Turbines and ETSU-R-97’, J.P.L. 2013, 3, 271-276)
- Carmarthen West Link Road (acting for two landowners)
Compulsory Purchase Experience:
- Shepherds Bush Market CPO inquiry (acted for a group of shopkeepers at inquiry, with Gregory Jones QC; the Inspector recommended that the CPO was not confirmed)
- Croydon Whitgift Centre CPO inquiry (acted for NatWest at inquiry resulting in successful negotiations with the promoter)
- Advising acquiring authorities on the drafting and procedures for making CPOs e.g. for the dualling of the A4119 in Coedely in Rhondda Cynon Taf
- Wrexham Industrial Estate Access Road (acted for the council in Upper Tribunal (Lands Chamber))
- Crossrail compensation (acted for Eurofoods in Upper Tribunal (Lands Chamber) proceedings)
- HS2 compensation (advising on various blight notice proceedings) (and author of ‘Full Speed Ahead’ (on HS2 and statutory blight provisions) in Estates Gazette 2014, 1433, 44-46 (with Craig Howell Williams QC))
- Acted for various acquiring authorities in Lands Tribunal proceedings – see e.g. Khiroya v Southwark LBC  UKUT 190 (LC)
Since the move to a reserved model of powers in the Wales Act 2017 and the consequent devolution of compulsory purchase to Wales, Annabel has developed a specialist compulsory purchase practice in Wales, advising authorities on the new draft Circular and providing seminars to improve knowledge on the procedures.
Residential, Retail, Commercial and Community
Annabel has acted with leading architects, urban designers and associated professionals.
She is described in Chambers and Partners as "very commercial" and "able to take on a lot of information and extract the key points". She understands the current issues surrounding housing land supply, heritage and Green Belt and is a tenacious cross-examiner at inquiry.
- Hurlingham Road office and flexible retail / restaurant space
- Guildford Station redevelopment (mixed use development including a new station designed by Rolfe Judd, acted for the council, with Morag Ellis QC)
- Creekside Village East, Deptford (mixed use development next to Trinity Laban School of Dance designed by Squire & Co., successfully acted for the council)
- Hampton Fields, Aylesbury (3,000 house urban extension, acted for Taylor Wimpey, with Robin Purchas QC)
- Brighton Marina (mixed use development designed by Allies & Morrison, acted for the developer, with Keith Lindblom QC (as he then was))
- South Warwickshire NHS Trust - appeared at numerous housing inquiries pioneering the requirement for s. 106 contributions towards hospital running costs
- Annabel has also appeared in a number of smaller schemes involving loss of employment land, sustainability issues, Green Belt and heritage
Annabel regularly advises on Assets of Community Value, permitted development rights, CIL and s. 106 contributions, as well as legal issues relating to conditions, and a number of her High Court cases have related to such (e.g. Savage v Mansfield DC, Elliott v SSCLG, Mansell v Tonbridge and Malling DC). She is the author of 'The Community Infrastructure Levy: How it will Operate in Practice' J.P.L. 2009, 1267-1282.
Annabel also has experience of housing need and demographic / economic projects in the context of development plan examinations neighbourhood plans. Experience includes:
- Successfully halted the Vale of Aylesbury Plan at a preliminary examination session on behalf of Taylor Wimpey on account of a failure to comply with the 'duty to co-operate'
- Acted for a landowner at the examination of the Sevenoaks ADMP resulting in main modifications being made on housing numbers in light of Hunston Properties
- Objected to a gypsy / traveller allocation in the Newport LDP in the vicinity of a major strategic allocation on behalf of owners / developers of the site resulting in withdrawal of the allocation. Issues included Welsh planning policy for gypsies and travellers and SEA
- Successfully quashed the Hammersmith & Fulham's Supplementary Planning Document for Shepherds Bush Market (see R (Wakil (t/a Orya Textiles)) v Hammersmith & Fulham LBC)
- Successfully acted for three local authorities in resisting a challenge to their adoption of the Greater Nottingham Aligned Core Strategies (see Calverton PC v Nottingham City Council. Issues included Hunston Properties housing numbers, Green Belt and SEA
- Advised a number of local authorities on the soundness and procedural issues arising from Local and Neighbourhood Plan preparation
Chambers and Partners notes that she is someone who: "works incredibly hard, and you can go to her and she will quickly and without pretence give you a view. She’s never uncomfortable if put on the spot".
Planning Enforcement & Advertising
Annabel has a particular interest and specialist knowledge of planning enforcement and lawfulness. She is the author of 'The 10 Year Rule and Breaches of Condition: A Critique of Ellis v. SSCLG and Chiltern DC'  J.P.L. 157 - 167, which is cited in Planning Law Practice and Precedents (Sweet & Maxwell).
She regularly appears in the Criminal Courts in planning enforcement and related matters, including POCA and other environmental offences. She successfully prosecuted a housebuilder in Swansea for felling a giant ancient redwood tree, a case which received widespread attention in the national press.
Annabel is "very useful and also very quick - she will turn things around quickly and appreciates when urgency is needed" (Chambers and Partners).
- Successfully acted for Hendrewennol, South Wales' largest PYO fruit farm, at a lengthy enforcement inquiry in which she also obtained full costs against the Council
- Successfully acted for LB Ealing in securing removal notices for prominent billboard advertisements on the A40 which had been erected consequent to alleged internal employee fraud
- Appeared in numerous enforcement inquiries concerning a multitude of scenarios form the mundane to the bizarre, and often involving complex legal argument, see e.g. Goodwin v Wokingham Borough Council  P.A.D. 5.
- Applications for planning injunctions under s 187B of the Town and Country Planning Act 1990 as well as obtaining emergency out-of-hours injunctions via telephone hearings with the High Court, including in relation to gypsies and travellers
- Criminal prosecutions in the Magistrates' and Crown Court for planning and advertising offences, including in POCA proceedings, and civil actions for damages arising from planning acts e.g. unlawful direct action. Annabel is a contributing author to Phillips & Norris, The Law of Regulatory Enforcement and Sanctions (OUP)
- Obtained Planning Enforcement Orders in the Magistrates' Court (and Annabel successfully appeared in Tanna v LB Richmond on PEOs)
- Detailed knowledge of LPA use of s. 70C TCPA 1990 (Annabel successfully appeared in the two leading authorities on s. 70C: Wingrove v Stratford on Avon and Deep Banghard v Bedford BC)
Annabel is ranked in Legal 500 (2017) as a Leading Junior in Licensing Law in which she is described as “a real asset to Chambers”. Recent highlights include:
- Successful defence of review proceedings acting for Brighton's oldest gay pub, The Bulldog, before sub-committee and in the Magistrates’ Court, allowing them to remain open to 4am following a spate of homophobic attacks and sex offences
- Acted for Westminster City Council in two reviews in relation to 'Aura' nightclub in Mayfair and 'Metra' nightclub in Leicester Square
- Appeared in a number of high profile cases for McDonalds e.g. in their Knightsbridge restaurant
- Experience of taxi licensing and related offences. Annabel secured a significant POCA confiscation order against the owner of a taxi company who was using unlicensed drivers, including his elderly mother, to carry out jobs such as school runs. The case was complicated by the fact that the Defendant was also a member of the council's own licensing committee
- Annabel is well placed to deal with cases where issues of planning and licensing overlap. Following a high-profile campaign supported by Kate Moss and Sir Ian McKellen amongst others, Annabel successfully acted for the owner of The George Tavern in Stepney, a public house and grassroots live music venue, in the Court of Appeal - see Forster v SSCLG, a case which considers the interrelationship between the planning and licensing regimes
Rural Affairs & Commons and Greens
Annabel has developed a substantial town and village green and rural affairs practice, including frequently acting as an Independent Inspector for registration authorities. She is a contributing author to the most recent, and previous, edition of the leading practitioner text in this area, 'Gadsden on Commons and Greens' (Sweet & Maxwell).
Annabel has acted as an Independent Inspector in the following TVG applications which, between them, have concerned all of the most familiar scenarios:
- Cryalls Lane, Kent
- Grove Park Avenue, Kent
- Colston's Field, Bristol
- Abergele, ConwyAsker Lane Fields, Derbyshire
- Deal, Kent
- Goudhurst, Kent
- Eastville, Bristol
- Westgate-on-Sea, Kent
- Marden, Kent
- Laundry Fields, Bristol
- Henbury, Bristol
- Easter Garden, Clifton, Bristol
- Beckenham High Street, Bromley
She has also appeared for parties at TVG inquiries and in the High Court, and regularly advises in writing on the subject.
Her wider rural affairs practice includes advising on common land, highways and rights of way, Wildlife and Countryside Act 1981 offences, SSSIs, SACs and SPAs, and the 'right to roam'.
In addition, Annabel has experience of highways and real property, marine licensing, environmental law and statutory nuisance, ecclesiastical law, rating, regulatory prosecutions, education (recommended in this field by Legal 500) and professional regulation Please contact her clerks, Harry Killick and Adam Collins, for details of her experience in these areas.