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Gregory Jones QC

Gregory Jones QC

Year of call: 1991 (QC 2011)

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

Gregory Jones QC, Environmental

Gregory's practice spans a wide range of areas of environmental law, including IPC regulation, contaminated land, species and habitats protection, water law, pollution control, statutory nuisances and strategic and environmental impact assessment. He is also one of the few specialist environmental law practitioners also experienced in criminal environmental regulatory offences. Gregory is particularly acknowledged for his EU law expertise he has been involved in a number of leading court cases involving the application of European Law in the UK courts and has appeared in a number of leading cases on Environmental Impact Assessment before the European Court of Justice. He also has extensive experience of planning cases and public inquiries involving environmental issues, including the promotion of Waste and Mineral Local Plans (see Town and Country Planning Law section for further details at http://www.ftb.eu.com/extra-cvs/gregory-jones-planning.asp).

The most recent Chambers & Partners (2015) says:

"He is very much on the ball with regard to emerging EU case law and its application." "He gets to grips with complex intellectual issues very quickly."

Who's Who Legal (2015) says: 

"Gregory Jones QC has an administrative law-focused environmental practice, with particular expertise in EU law-related cases. He is a "seasoned expert" whose "comprehensive advice" is lauded by respondents."

Legal 500 says:

Gregory Jones is 'one of the few counsel with a thorough understanding of environmental issues'.

Short listed as environmental and planning junior barrister of the year (2010) (Chambers & Partners).

Selected Directory Comments

Chambers & Partners (2014) states that Gregory:

"Has a broad administrative law practice that encompasses a strong element of environmental law work. Sources particularly praise his expertise in matters related to statutory nuisance, the Habitats Directive and EIAs. His intelligence and knowledge of the area of law are impressive to say the least. He is also very approachable and easy to talk to."

Chambers & Partners (2011) states:

"Gregory Jones is one of the best juniors to be found at both the Planning and Environment Bars. He is an expert on a broad range of environmental issues, including statutory nuisance and contaminated land matters, and comes especially recommended for his knowledge of EU directives as they apply to domestic UK law. Jones is "bright, knowledgeable and someone who knows how to establish a strong relationship with his clients." He is a purveyor of first-class advice..."

Rated as a top junior in environmental law in Chambers & Partners, the Legal 500 and Legal Experts.

"Gregory Jones is a prolific giant of the Environmental Bar. He covers a broad spectrum of civil and criminal environmental concerns, including statutory nuisance and contaminated land cases. "He is often the first choice of counsel for clients, and has a real insight into the effect of EU directives on domestic environmental law and policy." Chambers & Partners (2010)

"Gregory Jones has a 'good grip on technical environmental aspects and is an expert on EU legislations'. Recent statutory nuisance -and waste -related cases have identified him as 'willing to think laterally to get what the client wants.'" Chambers & Partners (2008)

"Always keen and enthusiastic Gregory Jones is a leading junior in the field. Renowned for his strength in court, he defends Environment Agency prosecutions and also handles wide -ranging judicial reviews." Chambers & Partners (2007)

"'Fiercely intellectual' Gregory Jones" Legal 500 (2005)

"Interviewees have 'enormous admiration"[for Gregory] and consider [him] an "environmental impact star" in [his] own right." Chambers & Partners (2004)

"Greg Jones is considered by some to be an 'absolute star'. Respected for his 'holistic understanding of the EU law base that underlines environmental law." Chambers & Partners (2002)

Memberships and Appointments

  • Stagiaire at the European Commission (1990).
  • Jean Pierre Warner Scholar to the European Court of Justice (1995).
  • Member of the Environmental Law Foundation.
  • Member and former council member of the United Kingdom Environmental Law Association. (Member of the UKELA waste working party).
  • Visiting lecturer in EU Environmental Law, King's College, London (2007- onwards).
  • Attorney General's of counsel instructed by the Environment Agency and DEFRA to prosecute environmental matters (2001-2006).
  • Legal Associate of the RTPI.
  • Fellow of the Institute of Quarrying.

Publications on Environmental Law include:

Gregory Jones is the co-author of the following texts:

  • The SEA Directive - A Plan for Success? (November 2014 forthcoming) Co-Edited  by Gregory Jones QC and Dr Eloise Scotford.
  • The Habitats Directive - A Developer's Obstacle Course? (1st edition) (Hart) November 2012. Edited by Gregory Jones QC.
  • Statutory Nuisance Law and Practice (3nd edition) (Bloomsbury Professional). First edition cited in Farley v Skinner [2001] UKHL 49 by Lord Steyn [30] and 3nd edition in R (oao Ethose Recycling Ltd) v Barking and Dagenham Magistrates' Court [2009] EWHC 2885 (Admin) [2010] P.T.S.R. 787.
  • Environmental Law in Property Transactions (3rd Edition) (Tottel)
  • McCracken and Jones: 'The Aarhus Convention' [2003] JPL 802 cited in Environmental Justice Report by the Environmental Justice Project (2004) at paras 61 and 70 on the impact of costs regime on access to justice.

Selected Environmental Law Cases:

Court cases are listed first followed by planning inquires. The cases have been grouped into general subject headings although many cases overlap into more than one subject grouping. For cases involving EIA and SEA Directives see the Planning Law and National Infrastructure sections. 

Habitats Directive and SSSI

  • Smyth v Secretary of State for Communities and Local Government [2013] EWHC 3844 (Admin); approach to grant of planning permission for the construction of 65 dwellings on undeveloped agricultural land close to a special protection area for birds.
  • Alternative A5 Alliance's Application for Judicial Review, Re [2013] NIQB 30; there was a failure to carry out an appropriate assessment of Special Areas of Conservation under the Habitats Directive 92/43 in connection with dualling of A5 road.
  • R. (on the application of Morge) v Hampshire CC [2011] UKSC 2 [2011] 1 W.L.R. 268 [2011] P.T.S.R. 337 [2011] Env. L.R. 19
  • R (on the application of Akester) v Department for Environment, Food and Rural Affairs [2010] EWHC 232 (Admin); [2010] N.P.C. 19. Conservation; failure to fulfil obligations; ferries; habitats directive.
  • R (on the application of Boggis) v Natural England [2009] EWCA Civ 1061; [2010] 1 All E.R. 159; [2010] Env. L.R. 13; Times, December 8, 2009; (reversing) [2008] EWHC 2954 (Admin); Times February 25, 2009. Coastal protection; conservation; erosion; sea defences; sites of special scientific interest; special protection areas and habitats directive.

Nuisance

  • Thames Water Utilities v Crest Nicholson & Redlands Lafarge (High Court. Technology & Construction Court) (No HT-11-256) (2013) Nuisance, negligence, Rylands v Fletcher and trespass actions for contamination of under groundwater supply of North London drinking water supply.Thomas v Merthyr Tydfil Car Auction Ltd [2013] EWCA Civ 815; 149 Con. L.R. 105; [2014] Env. L.R. 4.  Claim for noise nuisance.
  • Southern Water Services Ltd v BP Oil UK Ltd (High Court. Technology & Construction Court) (HT-09-229) (2009). Claim for damages in respect of work done to prevent damage to water supply in anticipation of nuisance.
  • Thomas Smart v Patrick Filer (High Court, Technology & Construction Court) (HT-08-213) (2008). Claim for nuisance, negligence and Rylands v Fletcher for alleged land contamination.
  • Cambridgeshire County Council v Arriva Plc, Shell U.K. Limited and Others High Court. Technology & Construction Court) (HQ07X02447) (2007). Claim for nuisance, negligence and Rylands v Fletcher for alleged land contamination.

Statutory Nuisance

  • Thanet District Council v Prentis [2012] EWHC 956 (Admin). Appeal by way of case stated regarding date of service and jurisdiction to appeal statutory nuisance noise abatement notice.
  • Youseff Aghnim v Maroush Co Ltd (Case No. 011003790652) (2011). Section 82 statutory nuisance proceedings regarding odour and noise in relation to Lebanese restaurant.
  • Mansell Raceway v East Devon District Council (2009). Statutory nuisance noise abatement notice relating to noise of kart racing http://www.thisisexeter.co.uk/news/Mansell-race-track-wins-noise-appeal/article-649404-detail/article.html
  • Roper v Tussards Theme Park (2008). Prosecution for alleged breach of an abatement notice under s.80 of the Environmental Protection Act 1990 and subsequent claim for costs following withdrawal of prosecution. Gregory successfully for the owners of Alton Towers before Deputy District Judge Neale Thomas Press coverage http://www.thisisstaffordshire.co.uk/news/Couple-pay-legal-despite-case-collapse/article-330594-detail/article.html
  • Roper v Tussauds Theme Parks Ltd [2007] EWHC 624 (Admin); [2007] Env LR 31 [2007] JPL 1635. Section 82 EPA criminal statutory nuisance noise proceedings in respect of Alton Towers.
  • Express Contract Dry Cleaning Limited v Blaenau Gwent CBC (District Judge Richard Williams) (2007). Statutory nuisance abatement notice appeal in respect of alleged odour from food flavouring factory.
  • East Dorset DC v Eaglebeam Ltd [2006] EWHC 2378 (QBD). Successfully obtained high court injunction restraining motocross activities in respect of noise created constituting both a statutory and a public nuisance.
  • London Borough of Islington v Match EC1 (District Judge Roscoe) (2005) Prosecution for breach of a statutory nuisance noise abatement notice. 
  • Re Sainsbury 643-645, Holloway Road, Islington (2005) Noise nuisance caused by refrigeration equipment in supermarket store and/or structural defects in the premises.
  • Anglian Water v Ipswich Borough Council (2005) Statutory nuisance appeal regarding odour from sewage plant.
  • Cosmic Fireworks v East Staffordshire DC. (2005) Statutory nuisance appeal against noise abatement notice in relation to the destructive testing of fireworks.
  • R v Kennet DC ex p Somerfield [1999] JPL 361; [1999] Env. LR D13. Relationship between statutory nuisance and adverse impact on amenity in town planning.

Control of Pollution Act 1974

  • City & Country v Brentwood BC [2010] J.P.L. 1443 (Southend Crown Court) (2009) Acted for successful appellant in respect of section 60 notice.

Clean Water

  • R (on the application of Amberley House Investments Ltd) v Environment Agency [2004] EWHC 2394 (Admin); [2004] All ER (D) 110 (Oct), [2004] 43 E.G. 143 (C.S.); [2005] J.P.L. 843-847. Acted for successful claimant in judicial review challenge regarding prohibition of development over watercourse.
  • R (on the application of MWH&H Ward Estates Ltd) v Monmouthshire CC (No.2) [2002] EWHC 229 (Admin); [2002] E.H.L.R. 14. Land drainage
  • Promoted for Southern Water at public inquiry confirmation of Drought Order (Worthing, Sussex) Drought Order 2007.

For waste water and sewage, see 'Waste'.

Contaminated land

  • R (on the application of Crest Nicholson) v DEFRA, the EA and TWUL [2010] EWHC 913 (Admin) and R (on the application of Redlands Lafarge) v DEFRA, the EA and TWUL. [2010] EWHC 561 (Admin).Challenges by way of judicial review to remediation notices issued under section 78E of the Environment Protection Act 1990.
  • Cambridgeshire CC v Shell and Arriva (high court, construction and technology) (2009). £1million contaminated land claim.
  • Southern Water v BP (high court, construction and technology) (2009). £1.5 million claim for water contamination.
  • Ind v Plant Hire Co. [1999] Env LR D15 (high court). £3.5 million claim for contaminated land.
  • St Leonards Court (2007)  Three week public inquiry into appeals against special remediation notices served by the Environment Agency against Persimmon Homes and Lafarge in respect of alleged ground water contamination by bromate and bromide. This is the first public inquiry under the contaminated land regime. Appearing for Thames Water whose bore holes have been polluted supporting the EA and also making representation that the Secretary of State should exercise his discretion to impose additional obligations in the notice.
  • Acted for land owner in successfully preventing service of remediation notice in respect of site at Ponts Hill, Littleport, Cambridgeshire (2006).

Planning (Hazardous Substances) Act 1990

  • Acted for South Staffordshire DC in respect of Carver Wolverhampton Limited LPG Distribution Depot Gravelly Way Four Ashes planning application and hazardous substances consent application.

The Environmental Permitting (England and Wales) Regulations 2010 (as amended)

  • Appeal and judicial review by Lafarge Aggregates Limited against the refusal by the environment agency of an application for a standard rules environmental permit: Lafarge Aggregates Ltd v Environment Agency  (2014 ongoing).

 Waste

  • R. (on the application of Thames Water Utilities Ltd) v Bromley Magistrates' Court [2013] 1 W.L.R. 3641 [2013] Env. L.R. 25 [2013] A.C.D. 69 meaning of ‘deposit’ of waste for the purposes of s.33 of the EPA 1990.
  • Case C-252/05 R (on the application of Thames Water) v Bromley Magistrates' Court, Environment Agency (European Court of Justice). Whether escape of sewage from system exclude from definition of waste under directive 75/442/EEC.
  • R (on the application of Thames Water Utilities Ltd) v Bromley Magistrates' Court, Environment Agency [2008] EWHC 1763 (QB); [2008] WLR (D) 264; Times August 28, 2008 (whether escaping waste water covered by other domestic legislation and whether controlled waste for the purposes of Environmental Protection Act 1990, s 33 and EC Council Directive 75/442/EEC (as amended), art 2).
  • Skipaway Ltd v Environment Agency [2006] EWHC 983 (Admin); [2006] Env. L.R. 41; [2006] J.P.L. 1846 (controlled waste; waste management licences; waste storage, burden of proof).
  • Acted for Daventry District Council successfully resisting judicial review claim in respect of pet incinerator: R (on the application of Thornby Farms Limited) v Daventry District Council and Timeright Ltd (2006).
  • R. (on the application of Thames Water Utilities Ltd) v Dartford Magistrates Court [2005] EWHC 254 (Admin); Case concerning the applicability of the Sludge (Use in Agriculture) Regulations 1989 reg.7(1)(b)) in respect of the spreading of sewage on farm land.
  • SemEuro Ltd v Petrolpus Milford Haven Holdings Limited (2008). Multi-million pound claim in respect of sale of oil storage facility, issues concerned various liabilities sunder waste and health and safety at work legislation.
  • Environment Agency v Shell (2008) Acted for Shell (UK) Ltd concerning multi million pound petroleum leak. Successfully resisted application by Environment Agency that sentencing powers of magistrates' court are too limited.
  • Acting for Southern Water Services Ltd in respect of Water Resources Act 1991 Section 91 Control of Pollution (applications, appeals and registers) Regulations 1996 SI No 2971 appeal by Southern Water Services limited against conditions in discharge consent no. CPA/ 5847 (as modified on 13 July 2007) for Chichester wastewater treatment works, Chichester, West Sussex (app/wq/07/2644).

Gregory has acted in numerous prosecutions for waste related matters. Further details of which can be obtained upon request from his clerks (james.kemp@ftb.eu.com)