Planning and Environmental Law
Daisy has already gained experience in a wide variety of planning issues. She has appeared at planning inquiries, enforcement inquiries and hearings. She has represented clients in the High Court in statutory and judicial review permission hearings, both in her own right and as a junior. She regularly advises landowners, local authorities and local interest groups in relation to matters of planning and environmental law.
Recent work includes:
- Acting as junior counsel to Hereward Phillpot QC for the GLA in relation to the five week inquiry into the proposed tall building known as ‘the Tulip’ in the City of London.
- Acting as junior counsel to Saira Kabir Sheikh QC by East Hertfordshire District Council in relation to a 12 day public inquiry relating to an appeal against the refusal of planning permission for a major mixed use site.
- Successfully resisting an appeal on behalf of Bedford Borough Council, against the Council’s refusal of planning permission for residential development in circumstances where it could demonstrate no five year housing land supply.
- Successfully acting for an appellant in relation to an appeal against an enforcement notice requiring the conversion of five self-contained flats above a shop into a single dwelling. The enforcement notice was quashed following a public inquiry.
- Acting as junior to Alexander Booth QC for Central Bedfordshire Council in relation to a s.288 challenge brought by Gladman Developments. Permission for statutory review was refused on the papers and upheld at an oral renewal hearing.
- Acting as junior counsel on behalf of the claimant in a judicial review claim against Fareham Borough Council regarding the development of a Lidl store to replace business units within an employment park.
Daisy spent a year undertaking a part-time secondment to the legal services department of a London Borough, during which she gained experience advising in relation to a broad range of issues.
Daisy has experience in providing advice on a range of matters, including:
- Certificates of Lawful Use or Development;
- Material change of use;
- Permitted development;
- Development in the Green Belt;
- Section 106 obligations;
- Planning conditions and conditions precedent;
- Procedural defects in enforcement notices;
- Heritage assets and listed buildings;
- Screening and assessments under the Habitats Regulations;
- Private and statutory nuisance;
- Tree protection orders;
- Other development related issues such as covenants, easements and proprietary estoppel.
Daisy is one of the editors of McCracken, Jones and Pereira on Statutory Nuisance (4th edition).
Infrastructure, Compulsory Purchase and Compensation
Daisy has a keen interest in compulsory purchase and compensation work and welcomes instructions in this area. Daisy has already gained a great deal of experience advising in relation to both the promotion of CPOs and issues of compensation on behalf of both acquiring authorities and claimants. She has advised in relation to claims for compensation arising out of HS2, Crossrail, Thameslink and various road schemes.
Recent and current work includes:
- Acting for the acquiring authority in respect of the Upper Tribunal decision in Golf Café Bars v West Yorkshire Combined Authority  UKUT 16 (LC).
- Acting as junior counsel to James Pereira QC for the successful respondent, Northumberland County Council, in respect of a CAAD appeal (Leech Homes v Northumberland County Council  UKUT 150 (LC)). There is an appeal due to be heard by the Court of Appeal this year.
- Acting as junior counsel to Rebecca Clutten for Network Rail in respect of the Tribunal case of Welcocks Skips Ltd v Network Rail Infrastructure Ltd  UKUT 162 (LC).
- Instructed to advise a major landowner alongside Guy Roots QC, Alex Booth QC and Rebecca Clutten, in respect of a CPO compensation claim arising out of HS2.
- Instructed by EDF to advise in respect of the proposed nuclear power station at Sizewell C.
- Instructed with Richard Honey to advise the Environment Agency on the Oxford Flood Alleviation Scheme compulsory purchase order.
- Advising a London Borough in relation to a proposed CPO of land within an identified “opportunity area”.
- Instructed by Heathrow Airport Ltd to advise in relation to matters arising from proposals for a third runway.
Daisy has also gained experience advising clients in relation to a range of compulsory purchase and compensation issues, including:
- Claims for injurious affection;
- Issues arising out of compensation for temporary possession;
- Rule 6 claims by non-occupiers;
- Rights of mortgagees to claim compensation under the Compulsory Purchase Act 1965;
- Valuation of ransom strips;
- The application of the Crichel Down rules.
Daisy has gained experience across a range of local government issues, such as:
- The conduct of public meetings under the Local Government Act 1972 as junior counsel to Douglas Edwards QC in Forbes v Wokingham Borough Council  EWHC 2530 (Admin);
- The acquisition of surplus public authority land;
- Advising a local authority as to the compliance of their procedures for handling representations from the public with the GDPR;
- Disposal of land at an undervalue;
- Schemes of delegation.
Daisy spent a year undertaking a part-time secondment to the legal services department of a London Borough Council, through which she has gained experience of many aspects of local government administration.
Rating and Council Tax
Daisy has experience advising both ratepayers and the Valuation Office Agency in relation to issues concerning non-domestic rating, and welcomes instructions in this area.
Daisy’s work in this area includes:
- Advising HMRC in relation to an appeal arising out of the reinstatement of a property in the List as a result of the completion of reconstruction work following a fire. This appeal raised questions relating to the scope of a proposal and MCCs.
- Advising HMRC in relation to the treatment of office fitouts as increasing the value of hereditaments;
- Advising a ratepayer in relation to entitlement to empty rates relief for a nightclub in Plymouth;
During pupillage, Daisy gained experience assisting Cain Ormondroyd to advise both ratepayers and the VOA in relation to non-domestic rates matters, including on issues such as identifying hereditaments, list alterations, assessing rateable value, the application of transitional provisions, and exemptions and rates relief. One such case was that of Merlin Entertainments Group Ltd v Cox  UKUT 406.
Village Greens and Commons
Daisy has experience advising in relation to village greens and commons and assisted with editing the most recent edition of Gadsen on Commons and Greens.
Daisy was instructed as junior counsel to Douglas Edwards QC and Jeremy Pike in relation to the Supreme Court appeal in R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs  EWCA Civ. 721 arising out of an application for registration of a town or village green.
Daisy acted as junior to Douglas Edwards QC on behalf of the interested party in judicial review proceedings in respect of Wokingham Borough Council’s refusal of an application to register land as a village green (Forbes v Wokingham Borough Council).
Daisy has also recently provided written advice to a County Council in relation to a proposed judicial review challenge to their decision to deregister common land.
During her secondment to the legal services department of a London Borough, Daisy gained a broad range of experience advising in relation to highways issues.
She has experience acting for Kent County Council in relation to proposed footpath modification orders.
Daisy is currently advising a client in respect of a judicial review challenge relating to experimental temporary traffic orders.
Rights to Light
Daisy has assisted in advising a number of clients in relation to rights to light issues, such as whether such rights exist, the subsistence of such rights on demolition of a building and the merits of a claim in nuisance to protect such rights.
Daisy has had experience in assisting with a judicial review claim relating to a Council’s redetermination of an application for advertising consent.
Daisy is currently instructed to advise a client in relation to the scope of deemed advertising consent for a new development.