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    'A very talented junior who can more than hold his own in the company of QCs’.

    Chambers and Partners, Hugh Flanagan

Hugh Flanagan

Hugh Flanagan, public and planning law barrister at Francis Taylor Building

Year of call: 2008

Practice areas: Planning, Environment, Licensing, Compulsory Purchase and Compensation, Major Infrastructure Projects, Local Government, Rating, Public Law, European Law

Hugh Flanagan

Practice Profile

Hugh specialises in public and planning law, including infrastructure, compulsory purchase, compensation and rating. He acts for developers, private individuals, central government and local authorities. He frequently appears in the High Court, Court of Appeal, tribunals and public inquiries, both in his own right and as part of a counsel team.

Hugh is recommended in Chambers and Partners and is currently ranked 8th in Planning Magazine's survey of top-rated planning barristers under the age of 35. He is a member of the Attorney General's B Panel of Counsel.

  • "A very talented junior who can more than hold his own in the company of QCs."  Chambers and Partners 2017

  • ''An up-and-coming junior who has quickly won the admiration of more senior counsel for his work on planning appeals and inquiries. He wins particular praise for his advocacy in these matters." Chambers and Partners, 2015

  • ''His advocacy is very thorough, and he's confident and shows a bit of steel.'' Chambers and Partners, 2015

  •  ''I find his written work to be focused, lucid and persuasive.'' Chambers and Partners, 2015

Experience

Planning
Infrastructure
Compulsory Purchase and Compensation
Public Law and Judicial Review
Rating
Property 
Licensing

Planning

Hugh has a wide-ranging planning practice. He has been instructed on a number of significant proposals, both in public inquiries and on judicial review challenges in the High Court, Court of Appeal and Supreme Court. He also has considerable experience of plan-making and examination. Hugh was ranked 8th in Planning Magazine's 2016 survey of top-rated planning barristers under the age of 35 and as up-and-coming in Chambers and Partners 2016.

Inquiry and hearing work includes:

  • London City Airport - acting for London City Airport in the four week inquiry into proposals for a new taxiway, terminal and airport infrastructure (junior to Michael Humphries QC) (2016).
  • Redrow Homes, Great Bowden - appearing as sole counsel for Redrow Homes in successfully promoting 70 homes on greenfield land (2016).
  • Kensington Cinema - acting as sole counsel for Kensington and Chelsea in an appeal against refusal of permission to redevelop the historic Odeon cinema on Kensington High Street (2016).
  • Tesco, Bude - successfully resisting proposals for a Tesco superstore outside Bude in Cornwall on behalf of the LPA on grounds of retail impact in a six day inquiry as sole counsel (2014).
  • Pinewood Studios - representing the local authority in a major four week inquiry for new film studio development in the Green Belt (junior to Simon Bird QC) (2013).
  • Rushden Lakes - representing a consortium of local authorities resisting proposals for a major out of town shopping centre in a three week call-in inquiry (junior to Morag Ellis QC) (2013).
  • Farnborough Airport - appearing for the LPA in a six week inquiry into proposals to increase flights at Farnborough Airport (junior to Simon Bird QC) (2012).

Recent court work includes:

  • Loader v Rother DC [2016] EWCA Civ 795 - acting as sole counsel in the High Court and Court of Appeal in the judicial review of a housing scheme on the site of a bowls club (2016).
  • Gallagher v Cherwell DC [2016] EWHC 290 - resisting a challenge to the adoption of a local plan (2016).
  • Noquet v SSCLG [2016] EWHC 209 - acting for the Secretary of State in successfully resisting a s.288 challenge against a certificate of lawful use (2016).
  • Gold Kebab v SSCLG [2015] EWHC 2516 - acting for the Secretary of State in successfully resisting a s.288 challenge concerning the relationship between the planning and licensing regimes (2015).
  • Couves v Gravesham BC [2015] EWHC 504 - resisting a judicial review of a £120m town centre regeneration scheme (junior to Tim Straker QC) (2015).
  • EU Plants Ltd v Wokingham BC [2013] EWCA 1542 - successfully acting for the local authority in a s.288 challenge to a Tree Preservation Order on a commercial fruit farm (as sole counsel in the High Court and Court of Appeal) (2013).

Infrastructure

Hugh has promoted and advised in relation to a number of significant infrastructure projects, both as sole counsel and as junior. These include projects under the Planning Act 2008 as well as other regimes. Recent work includes:

  • Wylfa Newydd Nuclear Power Station - advising in respect of Horizon Nuclear Power's proposed DCO for a new nuclear power station in Anglesey and representing Horizon at hearing sessions of the local plan examination (2016).
  • London City Airport - acting for London City Airport in the four week inquiry into proposals for a new taxiway, terminal and airport infrastructure (junior to Michael Humphries QC) (2016).
  • Tata Steel, Port Talbot DCO - representing Natural Resources Wales at the environmental and draft DCO issue-specific hearings in the examination into the proposed DCO for a gas fired power station at the Port Talbot steelworks (as sole counsel; 2015).
  • Mexico Inn Level Crossing - successfully acting for the Office of Rail Regulation in a seven day inquiry into the closure of a level crossing (as sole counsel; 2014).
  • Farnborough Airport - appearing for the LPA in a six week inquiry into proposals to increase flights at Farnborough Airport (junior to Simon Bird QC) (2012).

Compulsory purchase and Compensation

Hugh has significant experience of compulsory purchase and compensation matters, both in public inquiries and in the Upper Tribunal (Lands Chamber). Recent work includes:

  • London City Airport CPO - acting for London City Airport in the compulsory purchase inquiry to acquire land and rights, as junior to Michael Humphries QC (2016).
  • Ho v Welwyn Hatfield BC [2016] UKUT 151 - acting for the acquiring authority in a compensation dispute in the Upper Tribunal as sole counsel (2016)
  • Cambridge Heath Properties v Greenwich LBC - acting for the authority in respect of a blight notice dispute before the Upper Tribunal (ongoing).
  • Re Rasbridge's application [2012] UKUT 246 - appearing as sole counsel in an application before the Upper Tribunal under s.84 of the Law of Property Act 1925 to discharge a restrictive covenant in a s.106 agreement (2012).
  • Ferrier Estate, Kidbrooke CPO -  acting for the authority in the inquiry into the compulsory purchase of the Ferrier Estate, now being redeveloped as Kidbrooke Village (junior to Morag Ellis QC).
  • HS2 - acting on behalf of property owners seeking compensation for the impact of HS2.

Public Law and Judicial Review

Hugh is an experienced public law and judicial review practitioner, specialising in planning, environmental, prisons, immigration, information and local government matters. Recent court work includes:

Planning and environment

  • Loader v Rother DC [2016] EWCA Civ 795 - acting as sole counsel in the High Court and Court of Appeal in this judicial review of a housing scheme on the site of a bowls club (2016).
  • Noquet v SSCLG [2016] EWHC 209  - acting for the Secretary of State in successfully resisting a s.288 challenge to the grant of a certificate of lawful use (2016).
  • Gold Kebab v SSCLG [2015] EWHC 2516 - acting for the Secretary of State in successfully resisting a s.288 challenge in a case dealing with the relationship between the planning and licensing regimes (2015).

Prisons

  • Bowen v Secretary of State for Justice [2016] EWHC 2057 - successfully acting for the SSJ in a two day judicial review challenge to the provision of bail hostels across the UK.
  • Taylor v Secretary of State for Justice [2016] PTSR 446 - successfully acting for the SSJ a two day judicial review challenge to the provision of disabled premises for those leaving prison.

Local government

  • Couves v Gravesham BC [2015] EWHC 504 - successfully resisting a judicial review of a £120m town centre regeneration scheme (junior to Tim Straker QC) (2015).
  • EU Plants Ltd v Wokingham BC [2013] EWCA 1542 - successfully resisting a s.288 challenge under s.288 to the imposition of a Tree Preservation Order on a commercial fruit farm (as sole counsel in the High Court and Court of Appeal) (2013).
  • Gulliver's Bowls Club Ltd v Rother District Council CR2013/0009 - defending a decision to list a bowls club as an Asset of Community Value in an appeal before the First Tier Tribunal (2014).

Hugh was a judicial assistant in the UK Supreme Court in 2010-11, where he gained high level experience of public law litigation.

Rating

Hugh acts in rating and valuation proceedings on behalf of ratepayers, the Valuation Office Agency and billing authorities, both before the Valuation Tribunal and Upper Tribunal (Lands Chamber). Recent experience includes:

  • VOA - acting for the Valuation Office Agency in respect of a number of NDR and Council Tax disputes before the VTE.
  • Billing authorities - acting for billing authorities in respect of Council Tax and NDR disputes, and most recently in respect of judicial review proceedings concerning discretionary relief.
  • Ratepayers - acting on behalf of NDR ratepayers challenging assessments before the VTE and resisting liability orders in the magistrates court.

Property

Hugh has considerable experience of property litigation. Particular expertise includes service charge claims in the First-Tier and Upper Tribunal, adverse possession disputes, Housing Act 2004 cases and crossover planning / property cases such as disputes concerning s.106 agreements.

Recent experience includes:

  • Wandsworth BC v Pereira – acting for the land owner in a four day adverse possession trial under the Land Registration Act 2002
  • Hastings Borough Council v Braear Developments Ltd [2015] UKUT 145 (LC) - proceedings in the Upper Tribunal concerning improvement notices under the Housing Act 2004.
  • Vivian v Fallon - successfully appearing in adverse possession proceedings in the First Tier Tribunal.
  • Re Rasbridge's application [2012] UKUT 246 (LC) - successfully appearing in an application before the Upper Tribunal under s.84 of the Law of Property Act 1925 to discharge a restrictive covenant.

Licensing

Hugh acts on behalf of local authorities, the police and industry operators in licensing cases, both as an advocate in the courts and before licensing committees, and advising on paper on the Licensing Act 2003.

Recent experience includes:

  • Acting for a nightclub in Southampton before a licensing sub-committee on a licence review
  • Acting on behalf of various police forces and local authorities in licensing reviews
  • Acting on behalf of licensees and local authorities in appeals before the Magistrates' Court.

Qualifications

  • Called: 2008 (Lincoln's Inn)
  • BA (Oxon) (1st class - ranked 5th in his year)
  • GDL (Distinction)
  • BVC  (Outstanding)

During 2010-11 Hugh was appointed as Judicial Assistant to Lord Mance and Lord Kerr in the UK Supreme Court, where he assisted the Justices with many of the leading cases in his practice areas, including in planning (Welwyn Hatfield Council v SSCLG), environmental (R (on the application of Morge) v Hampshire CC; R (on the application of Edwards v Environment Agency), and procurement (Brent LBC v Risk Management Partners Ltd).

Memberships

Planning and Environmental Bar Association

National Infrastructure Planning Association

Compulsory Purchase Association

Administrative Law Bar Association

Publications

Westlaw Insight [2012]

Local Authority Procurement

Local Government Finance: Charging and Trading

Aviation and Planning Policy - Current and Future Flight Paths [2012] JPL Issue 2