Michael has practiced in the fields of planning, compulsory purchase and related areas of law since 1982 and over that time has developed a wide practice in all aspects of property development. Michael became Queen's Counsel in 2003 and almost immediately appeared in the directories as one of the highest rated planning silks.
INFRASTRUCTURE
Michael's experience in promoting major infrastructure projects is very strong indeed. He has extensive experience of promoting projects under the new Planning Act 2008 regime, as well as under the Transport and Works Act 1992, the Town and Country Planning Act 1990, the Electricity Act 1989, the Highways Act 1980, the Gas Act 1965, and the Pipelines Act 1962.
Types of projects Michael has worked on include nuclear power stations, gas fired power stations, carbon capture and storage, offshore wind, overhead electric lines, underground electric cables, international subsea cables, gas pipelines, underground gas storage, onshore gas production, airports, ports, roads, road tunnels, rail, waste water transfer and storage tunnels, and sewage treatment works.
Michael is very experienced in managing the planning and related aspects of large infrastructure projects and has extensive knowledge of many technical aspects of such schemes including: agricultural resources, air and ground noise, air quality, air traffic forecasting, alternatives, community and population, economic benefits, employment, energy, geology, ground contamination, health impacts, landscape and visual impacts, minerals, need, planning policy, nature conservation, nuclear power generation, overhead lines, third party risk, transport, waste and water resources.
Michael has advised on the drafting of Development Consent Orders, Planning Statements, Environmental Statements, Health Impact Assessments, Design and Access Statements, Economic Impact Reports, Funding Statements and Water Resource Management Plans.
Infrastructure cases of note that Michael has worked, include:
- Stansted Generation 1 (single runway expansion) project 2006-2007 - acting for Stansted Airport Ltd
- Lee Tunnel project 2008 - acting for Thames Water Utilities Ltd
- Stansted Generation 2 (second runway) project 2006-2009 - acting for BAA plc and Stansted Airport Ltd
- Wingas underground gas storage project 2009- 2010 - acting for Wingas Gas Storage Limited
- Ryedale gas project 2011 - acting for Moorland Energy Group Ltd
- Preesall underground gas storage project 2011-2012 - acting for Halite Energy Group Ltd
- Thames Tideway Tunnel (London Super Sewer) project 2007-2014 - acting for Thames Water Utilities Ltd
- Hinkley C connection project 2010 ongoing - acting for National Grid Electricity Transmission Ltd
- North London Reinforcement Project 2011-2013 - acting for National Grid Electricity Transmission Ltd
- A30 improvement project 2012-2014 - acting for Cornwall County Council (the promoter)
- Progress Power gas fired power station project 2014-2015 - acting for Progress Power Limited
- North London Heat and Power Project 2016 – acting for the North London Waste Authority
- Richborough Connection Project 2016 – acting for National Grid in the UK section of the UK-Belgian electrical interconnector
- Silvertown Tunnel Project 2016-2017 - acting for Transport for London
- Wylfa Newydd nuclear power station project 2017 – acting for Horizon Nuclear Power
Michael is the General Editor of Bloomsbury Professional's publication the 'National Infrastructure Planning Service'.
Michael helped to set up the National Infrastructure Planning Association (NIPA) and has been its first (and current) Treasurer of NIPA since 2011
Michael has given numerous conference papers and seminars on national infrastructure planning issues.
LAND VALUATION
Michael has appeared for, or advised, a large number of clients in relation to compulsory purchase and compensation matters, acting for both acquiring authorities and claimants. Michael is often brought in at an early stage by acquiring authorities to advise on potential claims and negotiations with landowners. He is very experienced at dealing with expert valuation advice and directing large teams of expert witnesses. Michael has extensive experience of issues such as 'open market value', comparable evidence, residual valuations, 'planning assumptions', the statutory 'disregards' under the Land Compensation Act 1961, the Point Gourde principle, injurious affection, equivalent reinstatement and disturbance payments.
Michael has advised on and acted in relation to a large number of compulsory purchase orders over the years. Recent examples include:
- The Liverpool City Council (Great Homer Street) Compulsory Purchase Order 2012 (2012) - acting for Liverpool City Council and St Modwen
- Bishopsgate Parking No 2 v Welsh Ministers (2012) - acting for the claimant
- G Park Skelmersdale v Electricity North West Limited (2013-14) - acting for the claimant
- Hanbury-Tenison v Monmouthshire County Council (2013-14) - acting for the acquiring authority
- Hoo Hing Limited v London Development Agency (2014-15) - acting for the acquiring authority
- The Allied Trust v Government of Bermuda (2014-15) - acting for the Government of Bermuda
- JS Bloor (Wilmslow) Ltd v Homes and Communities Agency (2017) - acting for the acquiring authority in the Supreme Court
Michael is the Senior Editor of Bloomsbury Professional's publication 'The Law of Compulsory Purchase' (now in its second edition).
Michael helped to set up the Compulsory Purchase Association (CPA) in 2003 and was its first Treasurer. In 2013 he was created an Honorary (senior) Member of the CPA for services to the association.
