Jonathan Welch

During pupillage and since commencing tenancy, Jonathan has gained a wide range of experience in planning matters, specifically in the following areas:

Plan Making

• Acting for a neighbourhood forum in relation to the Brent Local Plan examination – with issues arising concerning the evidence base for windfall policies;
• Advising London Borough in relation to supplementary planning documents;
• Advising on the Duty to Cooperate;
• Assisting Morag Ellis QC in relation to a sensitive and strategically important site partly allocated for development in a local plan – issues related to the suitability and developability of the site for the purposes of the allocation;
• The lawfulness of developer contributions in development plans and supplementary planning documents;
• The publication of and public access to LDF documents;
• Waste planning: the selection of sites, calculation of need and assessment of suitability of sites.
   

Planning: general

• Forthcoming 4-day planning inquiry on behalf of local planning authority;
• Acting for developer in 5-day combined s.73 and Enforcement Notice appeal;
• Appearing at section 77 call-in inquiry for Westminster City Council as a Rule 6(6) party;
• Acting in an 8-day planning inquiry on behalf of an adjoining commercial landowner and Rule 6(6) party;
• Judicial review of planning decision (permission granted, awaiting hearing date), relating to Habitats Regulations, the local authority scheme of delegation, noise, transport and air quality issues;
• Advising on and preparing pre-action correspondence for challenge relating to a local authority scheme of delegation and the approach taken to flood risk; habitats issues; and assessment of noise impacts of development;
• S.288 challenge of an inspector decision concerning a substantial residential dwelling;
• Advising on the scope of amendments under sections 73 and 96A of the TCPA 1990 in the light of Finney;
• Advising on the scope and lawfulness of planning conditions and obligations, especially concerning third party land, off-site contributions and infrastructure funding and provision;
• Advising in relation to the lawfulness of planning conditions, and principles behind the power to impose;
• The relation between planning conditions and competition law;
• Various heritage planning matters: in particular the correct approach to decisions concerning heritage assets, and the relationship between planning permission and listed building consent;
• Public procurement law as relevant to planning: development agreements and Voluntary Ex-Ante Transparency Notices;
• Use of regeneration and appropriation powers and relationship to restrictive covenants and registered village greens and commons;
• Neighbourhood planning and local government reorganisation including the creation of new parishes;
• Prior approval and permitted development rights – the power to refuse for reasons other than those prescribed;
• Judicial and statutory review of planning decisions;
• Interpretation of policy;
• Adequacy of officer reports and inspector’s decisions;
• The powers and scope of delegation by planning committee to officers;
• Housing land supply issues;
• Application of the tilted balance;
• Community Infrastructure Levy and Social Housing Relief.
   

Enforcement

• Acting for HS2 in ongoing injunctions matters;
• Enforcement procedure: the breadth of types of parties who have a right of appeal against enforcement notices;
• Enforcement against development on riverbanks/waterways;
• Enforcement and human rights;
• Enforcement action and previously lawful uses of land;
• Certificates of lawfulness – requirements for application; power to issue; powers of variation;
• Certificates of lawfulness and the meaning of substantial completion;
• Injunctive relief.
   

Environmental

• Advising on Appropriate Assessment under the Habitats Regulations, in particular the adequacy of mitigation and IROPI considerations;
• Litigation arising from the Emissions Trading Scheme;
• The proper approach to assessment of alternatives under the EIA Regulations;
• Costs in environmental litigation;
• Energy policy and climate change considerations in DCO context;
• Ecology – protection of ancient habitats;
• Green Deal Scheme appeals;
• Tree felling licences and the definition of a dangerous tree.
   

Infrastructure, Compulsory Purchase and Compensation

• Drafting notice of reference for Compulsory Purchase Compensation claim;
• Drafting representations for DCO hearing regarding the requirement to consider alternatives to compulsory purchase;
• Assisted Michael Humphries QC and Hugh Flanagan in relation to litigation concerning car parks at Heathrow Airport;
• Assisted Craig Howell Williams QC and Melissa Murphy in relation to the Court of Appeal case in 2020 concerning HS2 Schedule 17 applications;
• Assisting drafting advice relating to Wayleaves payments – Calculation and nature of compensation payments;
• Road widening scheme – Assessment of benefits and justification for extent of land take;
• Use of safeguarding directions;
• Assisting drafting advice relating to Electronic Communications Code wayleave agreements;
• Research into limitation and temporary possession issues in compulsory purchase.
   

Rating/Council Tax

• During his pupillage, Jonathan assisted in advising on a variety of local government finance matters. Jonathan is keen to continue to build on his experience of the following areas:
• Interpretation of Material Day Regulations;
• Issues arising relating to advertising hereditaments;
• Schedule 5 exemptions;
• Rates mitigation schemes and property guardianship – Jonathan assisted Mark Westmoreland Smith in a case concerning the identification, nature and valuation of hereditaments;
• Scope of proposal matters and the jurisdiction of the VTE;
• Rates mitigation schemes;
• Valuation: contractors’ method – appropriateness of substitutions;
• Jonathan has drafted advice relating to unoccupied rates and exemptions for energy infrastructure.
   

Public and Human Rights Law

• During his pupillage and since accepting tenancy, Jonathan has gained experience in a variety of public law matters, including the following:
• Prison law and human rights – the right to an oral hearing by CART tribunal;
• Duty of candour in judicial review;
• Enforcement proceedings and human rights;
• Local government powers – Extent of devolved powers, and local government reorganisation;
• Issues arising in the settlement of judicial review proceedings;
• Scope of local authority schemes of delegation;
• Lawfulness of closed and confidential proceedings/discussions and need for transparency in local government decision-making;
• Advising on building safety and cladding in the light of the Grenfell disaster.
   

Highways, Rights of Way and Commons

During his pupillage, Jonathan was involved in assisting in advising on matters of highways law. Since accepting tenancy, Jonathan has become well acquainted with highways law, having recently acted for a statutory party in a railway extinguishment order inquiry. Jonathan has experience in:

• Stopping up orders;
• Rail crossing extinguishment orders;
• Compensation under the Highways Act;
• Traffic Regulation Orders;
• Town and Village Green registration and deregistration, specifically in relation to local authority powers of appropriation for planning purposes.
   

Information law

• Interaction between legal privilege and rights of access to information under the FOI and EIR regimes.
   

Public order and anti-social behaviour law

Jonathan has gained experience in the following areas:

• Procedure under ss.77-78 CJPOA to remove unauthorised encampments;
• Lawfulness of public order conditions – human rights & proportionality;
• Closure Order applications and extensions;
• Sexual Harm Prevention Orders applications and variations;
• Sexual Risk Orders.
   

Licensing

• During pupillage, Jonathan assisted Gary Grant acting for West Midlands Police in relation to summary review proceedings relating to coronavirus restriction beaches.