Public and administrative law
Richard regularly advises on, and appears in, cases involving public and administrative law issues including judicial reviews. Richard has substantial experience of defending public law challenges to planning decisions, as well as other areas of public law, including regulatory judicial review and local government law. He is a member of the Attorney General’s A Panel of junior counsel to the Crown. Richard has appeared in the Administrative Court in London, Birmingham, Bristol, Leeds and Manchester, and the Judicial Review Court in Belfast.
Recent and reported cases include:
- Cheshire East BC v SSHCLG & Kirkham [2018] EWHC 2906 (Admin)
- Re Sands’ Application for Judicial Review [2018] NIQB 80
- St Modwen Developments v SSCLG [2018] JPL 398 (CA)
- Suffolk Coastal DC v SSCLG & Hopkins Homes [2017] 1 All ER 1011 (CA), [2017] 1 WLR 1865 (SC)
- Barker Mill Estates v SSCLG & Test Valley BC [2017] PTSR 408
- Old Hunstanton PC v SSCLG [2017] JPL 205 (CA)
- Broadview Energy Developments v SSCLG [2015] JPL 1355 (HC), [2016] JPL 1207 (CA)
- R (Dillner) v Sheffield CC & Amey [2016] Env LR 31 (HC), [2016] EWCA Civ 977 (CA)
- Cheshire East BC v SSCLG & Renew [2016] JPL 909, [2016] PTSR 1052
- Howell v SSCLG [2014] EWHC 3627 (Admin), [2015] EWCA Civ 1189 (CA)
- Koumis v SSCLG [2013] JPL 215 (HC), [2015] JPL 682 (CA)
- Manchester Ship Canal v United Utilities [2014] 1 WLR 2576 (SC)
- R (Eaton) v Natural England [2013] Env LR 37 (CA)
- Welford v Transport for London [2011] RVR 172 (CA)
- Harris v Registrar of Approved Driving Instructors [2011] RTR 1 (CA)
Environmental law
Richard Honey’s experience as a barrister in the field of environmental law includes habitats and protected species, statutory nuisance, waste, contaminated land, drinking water, watercourses, riparian rights, environmental permitting, packaging waste, nuisance, civil liability for pollution, and environmental crime. He also has experience of environmental taxation, having been involved in a number of aggregates levy cases, including as junior counsel in MMC Midlands v HMRC [2009] EWHC 683 Ch, [2009] STC 1969.
Clients include regulators such as Natural England and the Environment Agency, regulated operators such as Thames Water, Anglian Water and Severn Trent Water, and businesses of various types. Richard has acted for Natural England in a number of judicial review challenges to species licences, including in relation to developments such as an energy-from-waste plant and an urban extension.
Richard has acted for defendants being sentenced under the Definitive Guideline for Environmental Offences in both Magistrates’ and Crown Courts, and was instructed on the first appeal against sentence under the guideline to the Court of Appeal Criminal Division: EA v Thames Water [2015] EWCA Crim 960, [2015] 1 WLR 4411, [2015] Crim LR 739.
Richard also has considerable advocacy and advisory experience of the law in relation to commons and village greens. As a barrister, Richard has successfully represented a number of landowners objecting to village green applications at inquiry. He has also acted in judicial review proceedings for and against registration authorities, and advised registration authorities and landowners. Richard has also sat as an inspector at inquiries on a number of occasions. He is co-editor of Gadsden on Commons and Greens published by Sweet & Maxwell.
Richard has experience of countryside law, and has advised Natural England (formerly the Countryside Agency) on a number of matters connected with national park and AONB designations. He was junior counsel for Natural England in the re-opened South Downs National Park inquiry, where the inspector was persuaded to change his recommendation, to support the confirmation of the park largely as designated by Natural England. He has also advised Natural England on the establishment of the South Downs National Park Authority and designation work in the North West of England. Richard was instructed as sole barrister to represent Natural England at the inquiry which led to the successful confirmation of the orders to modify the boundaries of the Lake District and Yorkshire Dales National Parks to include additional land.
Richard is familiar with the law of highways and has advised on a range of matters including public and private rights of way, street works, traffic management, traffic regulation, parking, roads orders and highways development. He has been instructed by the Secretary of State to defend High Court proceedings challenging public rights of way inspectors’ decisions on definitive map modification and stopping up orders.
Infrastructure
Richard’s experience of major infrastructure projects includes schemes under the Planning Act, the Highways Act, the Transport and Works Act and the Electricity Act, and parliamentary hybrid Bill work, having been instructed for a number of HS2 and Crossrail petitioners, including multiple appearances before the select committees for both Bills, in both the Commons and the Lords. He is a member of the Parliamentary Bar Mess.
Richard successfully promoted the £100m Boston flood barrier TWA Order for the Environment Agency at inquiry in 2017. He represented the Alternative A5 Alliance at the inquiry into the new A5 dual carriageway scheme in Northern Ireland and is currently instructed by Highways England to oppose a railway TWA Order.
Richard was part of the team of barristers advising BAA on its proposals for the expansion of Stansted Airport. He was also instructed as junior counsel to London Southend Airport, successfully defending a judicial review of the grant of planning permission for a runway extension, and as counsel for Natural England for the call-in inquiry into the proposals to expand Lydd Airport in Kent.
Richard advised Natural England on the DCO applications for Hinkley Point C nuclear power station, Able Marine Energy Park on the Humber, and North West Coast Connections. He is advising Highways England on issues arising from a number of DCO schemes. Richard has also advised the Secretary of State on legal issues in relation to the acceptance and examination of NSIP applications.
Richard has extensive experience of compulsory purchase, including appearing for an acquiring authority in the High Court, representing numerous CPO promoters (including housing, planning and highway authorities and utilities companies) and CPO objectors (including Transport for London and businesses). He has advised BAA on compulsory purchase issues connected with the Stansted second runway scheme, the Environment Agency on a number of compulsory purchase and rights matters, and statutory undertakers on their works powers. In 2017/2018, Richard successfully promoted housing, highways and utilities CPOs.
Richard’s compulsory purchase work has encompassed for example acquisition of rights over land, compulsory works orders, works powers, powers of entry, omitted interests, material detriment, accommodation works, temporary possession, the Crichel Down rules, purchase notices and blight notices.
Land valuation
Richard has very considerable experience of disputes relating to land valuation and compulsory purchase compensation. Richard has been instructed in Lands Tribunal proceedings on behalf of HS2, NNB Generation Co, Network Rail, Crossrail, Transport for London, the London Development Agency, the Greater London Authority, Merseytravel, the Highways Agency / Highways England, the Welsh Ministers, the Environment Agency, the Secretary of State for Transport, National Grid, a port authority, county highway authorities, statutory undertakers and a variety of local authorities. Richard’s work as sole barrister representing acquiring authorities has included matters where tens of millions of pounds in compensation for compulsory purchase were in dispute.
Richard has also represented claimants in compensation cases, including businesses such as Homebase, Moto and Esso, as well as developers, farmers and landowners. He acted as junior counsel for the claimant in arbitration proceedings in Bermuda.
Richard’s experience of compensation disputes includes the full range of issues such as valuation of land taken, severance, injurious affection (s7 and s10), acquisition of rights, disturbance, business losses, extinguishment, rule 3, rule 4, planning assumptions, scheme disregards (statutory and Pointe Gourde), betterment, loss payments, taxation, fees/costs, and Part 1 claims. Richard has also worked on cases involving blight notices and purchase notices, highway stopping-up, planning decisions, flood defences, land drainage, utilities, wayleaves - and cases arising from compulsory purchase orders, DCOs, Transport and Works Act Orders and hybrid Acts.
Richard was the barrister who represented the acquiring authority in the first compensation claim to reach the Tribunal arising from the 2012 Olympics CPO, where some £2m was in dispute (Singh v LDA [2010] RVR 41). He also represented the acquiring authority in Welford v Transport for London, both in the Tribunal ([2010] RVR 200) and in the Court of Appeal ([2011] RVR 172).
Richard was instructed as junior counsel for a county highway authority defending a compensation claim of around £15m arising from a road scheme (see Clemdell v Dorset CC [2009] RVR 318), and the injurious affection cases of Moto Hospitality v Secretary of State for Transport [2008] 1 WLR 2822 and Bourne Leisure v Great Yarmouth Port Authority [2016] RVR 371. He was also junior counsel in William Hill v Crossrail [2016] RVR 258.
Richard has appeared as sole counsel for the successful respondents in cases such as Ramac v Kent CC [2014] RVR 207, Miller v NRIL [2014] RVR 305 and Elitestone v National Grid Gas [2015] RVR 392.
Richard represented the Secretary of State in Harringay Meat Traders v SSCLG [2013] PTSR 436, a challenge to a decision on a certificate of appropriate alternative development appeal. He was also junior counsel for the successful claimant in R (Manydown) v Basingstoke & Deane BC [2012] JPL 1188 which concerned ss226 and 227 of the Town and Country Planning Act 1990.
Richard has also been instructed for defendants in professional negligence litigation arising from the conduct of Tribunal proceedings.
Richard has also been instructed by HMRC solicitors in High Court and tribunal rating and valuation cases, including Listing Officer v Callear [2013] RVR 34 and a number of Upper Tribunal cases concerning the valuation of public houses for rating purposes.
Planning
Richard’s practice includes a significant element of planning law. Richard regularly advises on and appears in challenges to planning decisions, for both claimants and defendants. Richard’s planning inquiry work often has an environmental aspect and has included wind farms and airports. He has also appeared at inquiries successfully resisting appeals for housing schemes involving housing land supply arguments and has advised and represented local planning authorities promoting local plans.
Arbitration and mediation
Richard has experience as a barrister of arbitration and mediation. He is a Fellow of the Chartered Institute of Arbitrators and has advised on arbitration law and procedure in connection with Lands Tribunal and other domestic and international arbitration proceedings. Richard has been a member of the CIArb Faculty and taught on the CIArb’s domestic and international arbitration courses. He has acted as a party representative in a number of successful mediations, including disputes on compensation for compulsory purchase.
