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Jonathan Welch

Jonathan Welch

Year of call: 2019

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

Jonathan Welch

A second six pupil, Jonathan welcomes instructions across all of Chambers’ practice areas.

Jonathan commenced pupillage in October 2019, and is currently under the supervision of Mark Westmoreland Smith. His first supervisor was Hugh Flanagan.

Jonathan has particular experience in the following areas:

  • Planning
  • Environmental
  • Infrastructure, Compulsory Purchase and Compensation
  • Rating/Valuation
  • Public and human rights law
  • Information law
  • Public order and anti-social behaviour law

Jonathan commenced pupillage in October 2019, and is currently under the supervision of Melissa Murphy. His previous supervisors were Hugh Flanagan and Mark Westmoreland Smith.

Recent and current work includes:

  • Acting for a local residents group in a Level Crossing Extinguishment Order inquiry
  • Acting for the Metropolitan Police in relation to anti-social behaviour matters (Closure Orders)

In appropriate cases, Jonathan is happy to work on a pro-bono basis.

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Experience

In chambers Jonathan has gained experience across a range of issues including in relation to:

Planning

  • Adequacy of Officer Reports;
  • Lawfulness of developer contributions;
  • Amendments under sections 73 and 96A of the TCPA 1990 in the light of Finney;
  • Lawfulness of planning conditions;
  • Scope of delegation by planning committee to officers;
  • Duty to Co-operate;
  • Planning conditions and competition law;
  • Enforcement procedure;
  • Judicial and statutory review;
  • Statutory appeals;
  • Interpretation of policy;
  • Local government reorganisation;
  • The Duty to Co-operate;
  • NPPF paragraph 11(d) tilted balance issues;
  • Certificates of Lawfulness;
  • Interaction of caravan site license regime with planning regime;
  • Heritage planning.

Environmental

  • Emissions Trading Scheme litigation;
  • Assessment of alternatives;
  • Aarhus costs capping;
  • Energy policy and climate change considerations in DCO context;
  • Ecology – protection of ancient woodland;
  • Lawfulness of Environmental Impact Assessment screening decisions;
  • Requirement to undertake Habitats Regulations appropriate assessment.

Infrastructure, Compulsory Purchase and Compensation

Lawfulness of Environmental Impact Assessment screening decisions

- Requirement to undertake Habitats Regulations appropriate assessment

  • Requirement to consider alternatives to compulsory purchase under a DCO;
  • Road widening scheme – Assessment of benefits and justification for extent of land take;
  • Wayleaves – Calculation and nature of compensation payments;
  • Safeguarding directions;
  • Electronic Communications Code wayleave agreements;
  • 5G networks, planning regime and communications code rights
  • CPO and easements
  • TWAO rights acquisition and highways issues

Rating/Council Tax

  • Interpretation of Material Day Regulations;
  • Advertising Hereditaments;
  • Schedule 5 exemptions;
  • Scope of proposal and jurisdiction of VTE;
  • Valuation: contractors method – appropriateness of substitutions;
  • Identification and nature of hereditaments in property guardianship.

Public and human rights law

  • Prison law and human rights – right to an oral hearing by CART tribunal;
  • Duty of candour in judicial review;
  • Enforcement proceedings and human rights.

Information law

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

Public Order and Anti-Social Behaviour

  • Lawfulness of public order conditions in relation to protests
  • Closure Orders under the Anti-Social Behaviour, Crime and Policing Act 2014
     

Qualifications

  • King’s College London, Theology BA (First Class Honours, top of year) (2015);
  • King’s College London, Theology MA (Distinction, top of year) (2016);
  • City University London, Graduate Diploma in Law (Commendation) (2017);
  • BPP University Law School, Bar Professional Training Course (Very Competent) (2019).

Scholarships & Awards

Bar Awards & Scholarships

  • Excellence Scholarship, BPP University (2018)
  • Advocacy Scholarship, BPP University (2018)
  • Denning Scholarship, Lincoln’s Inn (2018)
  • Lord Haldane Scholarship, Lincoln’s Inn (2016)
  • Partial Fee Scholarship, City University (2016)

University Awards & Scholarships

  • Hanson Prize for the Philosophy of Religion (MA) (2016)
  • Relton Prize for Christian Doctrine (MA) (2016)
  • Walton Scholarship for postgraduate study, King’s College London (2015)
  • Sellers Prize for Christian Theology (2015)
  • Hanson Prize for Philosophy of Religion (2015)
  • Mascall Prize for Christian Doctrine (2015)
  • Bishop Collins Memorial Prize for Church History (2015)

Other Experience

Jonathan won a number of mooting competitions during his studies, including:

  • UK Environmental Law Association national mooting competition (2017)
  • 9-12 Bell Yard inter-varsity criminal law moot (2016)
  • KCL Bar Society/Wildy & Sons contract law mooting competition (2015).

While at secondary school, Jonathan was a music scholar.

Previous Experience

During 2018-19, Jonathan was a planning caseworker at Southwark Law Centre, where he provided advice and representation to members of the local community in relation to planning and regeneration matters.

Before undertaking pupillage at FTB, Jonathan spent ten months (2017-18) as judicial assistant to Lindblom L.J. in the Court of Appeal, during which time he gained experience in a variety of fields including:

  • Planning and environment (Green Belt policy; Neighbourhood Development Plans procedure; Enforcement procedure and human rights; Housing Need; Consistency of Inspector’s decisions; CIL Regulations; 5YHLS; Scope of heritage asset setting; Duty to give reasons);
  • Rating/Valuation (Hereditaments – status of ATMs);
  • Village Greens (Statutory Incompatibility);
  • EU Public Procurement (Development agreements and VEAT notices);
  • Highways (Stopping up orders and planning conditions)
  • Public Law (Consultation);
  • Civil Procedure (re-opening of final appeals; costs in the Upper Tribunal (Lands Chamber);
  • Immigration;
  • Property law (service charges)
  • Coronial/Inquest law (threshold to require fresh inquest).

Prior to coming to the Bar, Jonathan worked for a political communications and campaigns consultancy.

 

Professional Memberships

  • Planning and Environmental Bar Association
  • Compulsory Purchase Association
  • UKELA