James regularly acts both for and against public authorities in a broad range of public and administrative law areas beyond the planning and environmental law field.  He is a former committee member of the Administrative Law Bar Association (ALBA). For cases related to planning and environmental law, please click on the relevant Practice Area links.

Cases include

• R (Piffs Elm Ltd) v Local Government Ombudsman - (2021 - ongoing) - challenge to LGO’s decisions and lawfulness of non-refund of application fees (for interested party).
• R (Tewkesbury BC) v Secretary of State [2019] EWHC 3227 (Admin) on the justiciability of challenges to reasons in decisions where the decision itself it not challenged.
• R (Piffs Elm Ltd) v Tewkesbury BC [2016] EWHC 3248 (Admin) - on apparent bias and remedial discretion.
• NEXUS Quality Contract Scheme (2015) - public inquiry into the first Quality Contract Scheme under the Transport Act 2000.
• Phelps v ODA (2012) - successfully advised the Olympic Development Authority in respect of challenges to traffic regulation orders for the 2012 Games.
• Qinetiq v Portsmouth City Council (2012) – £800,000 costs application arising from judicial review proceedings (partial award and indemnity costs award secured against the Defendant despite the claim never being granted permission).
• Transport for London v Bug-Bugs and others [2007] EWHC 2987 (QB), establishing it is not an abuse of process to seek a declaration to overturn a High Court judgment concerning the licencing of pedicabs in London.
• R (Transport for London) v The Parking Adjudicator [2007] RTR 39, on the power of parking attendants to serve tickets by post when conventional service has been frustrated.
• Davey v Aylesbury Vale [2007] EWHC 116 (QB), on the scope of pre-permission costs allowable in a defendant's costs order.
• R (Haw) v Westminster City Council (2006), a judicial review by the famous anti-war protester Brian Haw concerning the relationship between the right to Freedom of Expression and the licensing of loudhailers to make protests.
• R (Walmsley) v PATAS (2006) RTR 15, concerning the power of the Parking Adjudicator to consider non-statutory grounds of challenge when considering appeals.
• R (RYA) v Secretary of State (2004), a successful judicial review challenge to the legality of Yachting Safety Regulations.
• R (Westminster CC) v Mayor of London [2003] BLGR 611, junior counsel acting on behalf of the Mayor of London and Transport for London in the successful defence of the legality of the Central London congestion charging scheme.
• R (Balchin) v Parliamentary Commissioner [2002] EWHC 1876, junior counsel in a successful challenge to a decision of the Parliamentary Commissioner, in a case that eventually led to six-figure awards of compensation to the complainants.
• R (Kent County Council) v Terril (2001) ACD 27, a leading case on contempt of the Coroner's Court by non-attendance of witnesses.
• High profile advisory work such as for the Mayor of London and Transport for London, acting as junior counsel advising the Congestion Charging Scheme, Emissions related Congestion Charging and the Low Emissions Zone.

James is ranked as one of the top silks in this field by the Legal 500, Chambers and Partners and Planning magazine. The Legal 500 shortlisted him for Silk of the Year for Real Estate, Environment and Planning in 2016, 2017 and 2019. The Directories describe him as "calm, authoritative and a dogged advocate", "a genuine star", "a pleasure to work with", "a very astute operator who never disappoints on the day" and "a very persuasive man to put in front of a High Court Judge."
His practice as an inquiry advocate is underpinned by frequent appearances in the High Court and his opinion is regularly sought on a range of advisory matters. His expertise covers all areas of planning, including promoting and resisting compulsory purchase orders. 
James is in demand as a speaker on planning matters and has addressed both the Oxford Planning Conference and the PEBA Annual Conference.
Below are selected examples of some of James’s experience.  More detail about particular areas of work can be provided on request.

Local plans and Strategic Planning:

• Chalgrove Airfield, Oxfordshire – advising Homes England on promotion of c.3,500 new homes, involving an emerging allocation, CPO and major planning application.
• Welborne, Hampshire – advising promotor, c.6,000 new homes.
• Gatwick Green, Crawley – advising promotor of c. 59ha land for allocation for employment development.
• Garlic’s Arch, Guildford – advising promotor, successful housing allocation c.550 homes.
• Epping Forest Plan – successful objections on behalf of the Forest Conservators, leading to suspension of plan on Habitats Regulation grounds.

Planning appeals and call-in inquiries 

• Quadrant, Guildford – tall building proposal for student accommodation in central Guildford.
• Lowfield Heath, Crawley – off airport parking for Gatwick Airport.
• Fetcham Park, Surrey - successful enforcement appeal for wedding functions in a Grade 2* listed building.
• Broadland Housing Association, Norfolk - successfully acted in appeal for housing and substantial care home facilities.
• West Parade, Worthing - substantial seafront residential tower.
• Homebase, Cwmbran - acting for the Prudential, successfully resisted proposals for out of centre retail development.
• Eltham Common, Greenwich - successfully securing consent for a MUGA on Eltham Common.
• Butts Lane, Thurrock; Newton Leys, Aylesbury: call-in appeals for urban housing extensions.
• Stansted G2 project - one of the team of Counsel promoting the planning applications for the second runway, additional facilities, and off-setting measures on behalf of BAA Ltd and Stansted Airport Limited.
• Arundel Great Court, Westminster - instructed by Westminster City Council to resist proposals for major redevelopment in this historically sensitive location near Somerset House and affecting views of St Paul's Cathedral.
• Rivenhall Airfield, Essex - instructed by the waste planning authority for a call-in inquiry into proposals for large waste recycling and industrial development.
• Turweston Aerodrome, Buckinghamshire: Counsel for Aylesbury Vale DC in two long running enforcement and section 78 inquiries concerning the expansion of Turweston Aerodrome.
• Brogborough Landfill, Bedfordshire: successfully defending the waste planning authority's refusal of planning permission for an extension to one of the largest landfill sites in Europe.
• Promoting minerals, waste and general development plans.
• Numerous smaller-scale inquiries covering a wide range of planning subject matter.

Court cases 

• Leech Homes v Northumberland Council [2021] EWCA Civ 198 - interpretation of green belt safeguarding policy.
• R (Shirley) v Secretary of State [2019] EWCA Civ 22 – acting for the successful planning authority in an appeal concerning EU air quality standards and planning.
• Canterbury City Council v Secretary of State [2019] EWHC 1211 (Admin) – on the exercise of discretion for failure to carry out an appropriate assessment under the Habitats Directive.
• R (Scarsbrick) v Secretary of State [2017] EWCA Civ 787 - successful defence to grant of development consent order.
• R (Piffs Elm Ltd) v Tewkesbury BC [2016] EWHC 3248 (Admin) - on apparent bias and remedial discretion.
• Holiday Extras v Crawley BC [2016] EWHC 3247 (Admin) - challenge to adoption of development plan on Strategic Environmental Assessment grounds.
• R (Scarsbrick) v SSCLG [2016] EWHC 715 (Admin)  - interpretation of national waste policy.
• South Oxfordshire DC v SSCLG [2016] EWHC 1173 (Admin) - successful defence to planning permission involving housing supply issues.
• Ashdown Forest Economic Development Corporation v Wealden DC [2015] Env LR D1 - successful defence to adoption of development plan involving Habitats and Strategic Environmental Assessment issues.
• R (ota Save Britain’s Heritage) v Gateshead MBC [2014] EWHC 896 (Admin) - successful defence of challenge to grant of planning permission.
• Forest of Dean Friends of the Earth v Forest of Dean Council [2014] Env LR 3 – successful defence of adopted development plan involving Habitats and SEA issues.
• R (Lyon) v Cambridgeshire City Council [2014] Env LR 11 - successful defence of planning permission involving EIA issues
• R (Warley) v Wealden DC [2012] Env LR 4 - successful challenge to screening opinion.  
• R (Griffin) v Tower Hamlets LBC [2011] EWHC 53 - successful defence of flight increases at London City Airport
• R (Brown) v Carlisle City Council [2010] EWCA Civ 523 - salami slicing and EIA development.
• Williams v Herefordshire Council [2010] Divisional Court - on the scope of the 'non-owner' offence of not complying with a planning enforcement notice.
• R (Ardagh) v Chester City Council [2010] EWCA Civ 172 - on the validity of retrospective planning permissions for EIA development.
• R (Wye Valley Action Group) v Herefordshire Council (2010) Env LR 18 - on the requirement for EIA of polytunnel development
• Barbone v Secretary of State [2009] EWHC 463 (Admin), a successful defence of Stansted G1 planning permission; correct approach to national policy statements.
• R (Ardagh Glass Ltd) v Chester City Council [2009] EWHC 745 (Admin), a successful application for mandatory order compelling local planning authority to take enforcement action.
• Hobson v Secretary of State [2009] EWHC 981 (Admin), on enlargement of dwellings in the Green Belt.
• R (Smith) v Cotswold DC [2007] EWCA, on reasons for the grant of planning permission.
• R (Condron) v National Assembly for Wales [2007] BLGR 87 (CA), on the test for apparent bias in the grant of planning permission.
• South Beds v Price [2006] JPL 1805 (CA); Times 22 May 2006, on the relevance of circular 1/2006 on Gypsies and Planning to existing injunctions against Gypsies.
• R (Noble) v Thanet District Council (2006) Env LR 8, a challenge to a planning permission based upon the duty to take remedial action under EU law.
• R (Wall) v Brighton and Hove [2005] JPL 807, the first case on the duty to give reasons for a grant of planning permission under the GPDO.

James has extensive experience of acting in cases involving major infrastructure projects, across a broad range of sectors. He is consistently ranked as one of the top silks for Major Infrastructure Projects in Planning Magazine's annual survey of the Bar.  He is an editor of The Infrastructure Planning Handbook (2ed., Bloomsbury Publishing). 
His specialist knowledge of planning, environmental law, compulsory purchase and compensation brings valuable experience to any infrastructure case.  Chambers and Partners have described his Development Consent Order work as "first class".

Examples of the range of infrastructure projects James has been involved in include

• Manufacturing and Industrial: International Advanced Manufacturing Park (IAMP), advising promoting authority.
• Waste: Whitemoss Landfill.  Acted or the successful waste planning authority resisting the extension of the major landfill site at Brogborough, Bedfordshire. Promotion of Waste Local Plans.
• Pipelines: Willington C gas pipeline.
• Energy projects: acted on behalf of Galloper Windfarm for major proposals of the Suffolk Coast; acted on behalf of DONG energy for part of the Burbo Bank windfarm project; acted for RWEN in respect of the Pembroke CGT power station and Tilbury C power station; Cory Riverside Energy Park DCO 2020.
• Roads: Heysham Bypass: objections on behalf of Lancaster and Morecombe College.
• Airports: Stansted G2 Project - instructed by BAA as one of the team of counsel promoting the proposals for a second runway at Stansted Airport.
• Multimodal facilities: West Midlands Gateway SRFI DCO.
• Railways: Docklands Light Railway Extension - instructed as junior counsel to promote the DLR extension to Dagenham Dock.
• Community facilities: one of the team of counsel who successfully promoted the CPO for the Olympic Park in order to facilitate the 2012 Olympic Games.
• Ports and Harbours: Great Yarmouth Harbour CPO.

James's court experience includes defending, or challenging, decisions relating to infrastructure projects including

• R (Scarsbrick) v SSCLG [2017] EWCA Civ 787 - successful defence of challenge to Whitemoss Landfill DCO.
• Holiday Extras v Crawley BC [2016] EWHC 3247 (Admin) - challenge to policies relating to parking provision at Gatwick Airport.
• Griffin v Tower Hamlets LBC [2011] EWHC 53 – successfully acting for London City Airport resisting a challenge to the increase in flight caps.
• Barbone v Secretary of State [2009] EWHC 463 (Admin) - acted on behalf of Stansted Airport defending a challenge to the planning permission to expand the capacity of Stansted (the G1 consent).
• R (Friends of the Earth) v Sussex County Council [2008] EWHC (Admin) - challenge to a waste incinerator permission.
• Bown v Secretary of State [2003] EWHC 819 Admin, a challenge to a by-pass CPO for failure to comply with the Wild Birds Directive.

James is ranked as a leading silk in Environmental Law in Chambers and Partners and the Legal 500, who nomated him Real Estate, Environment and Planning Silk of the Year for 2016, 2017 and 2019. He has appeared in the European Court of Justice twice on EU environmental law matters, and was a visiting Professor in Environmental law at King's College, London.  He is a co-author of 'Statutory Nuisance: Law and Practice' (4ed., Bloomsbury, 2019), and a former council member of the United Kingdom Environmental Law Association.

Chambers and Partners describe him as "calm, authoritative and a dogged advocate", pointing out that "clients love him because he is really personable, but also a tough advocate."

His practice spans a wide range of areas of domestic and EU environmental law, including IPC regulation, contaminated land, water resources, species and habitats protection, pollution control, statutory nuisances and environmental impact assessment.  He has been involved in a number of leading court cases involving the application of European Law in the UK courts.  He also has extensive experience of planning cases and public inquiries involving environmental issues, including the promotion of  Water Resources Management Plans, Waste Local Plans and LDDs where SANGS and other measures have been used to avoid harm to European sites.

He has acted in several private law environmental claims, including those involving Group Litigation Orders, PCOs and the application of the Aarhus Convention.

His work also covers novel forms of environmental regulation, such as promoting the UK's first congestion charging scheme in London, proposals for the Central London Low Emissions Zone, Emissions related Congestion Charging and EU Carbon Emissions Trading. 

Cases include

• R (Shirley) v Secretary of State [2019] EWCA Civ 22 – acting for the successful planning authority in an appeal concerning EU air quality standards and planning.
• Canterbury City Council v Secretary of State [2019] EWHC 1211 (Admin) – on the exercise of discretion for failure to carry out an appropriate assessment under the Habitats Directive.
• R (Scarsbrick) v SSCLG [2017] EWCA Civ 787 - successful defence of challenge to Whitemoss hazardous waste landfill consent.
• Holiday Extras v Crawley BC [2016] EWHC 3247 (Admin) - challenge to adoption of development plan on Strategic Environmental Assessment grounds.
• Austin v Miller Argent [2015] 1 WLR 52 (CA) - application of the Aarhus Convention to private law nuisance.
• Ashdown Forest Economic Development Corporation v Wealden DC [2015] Env LR D1 - successful defence to adoption of development plan involving Habitats and Strategic Environmental Assessment issues.
• Forest of Dean Friends of the Earth v Forest of Dean Council [2014] Env LR 3 - successful defence of adopted development plan involving Habitats and SEA issues.
• R (Lyon) v Cambridgeshire City Council [2014] Env LR 11 - successful defence of planning permission involving EIA issues.
• On-going advisory work for various clients on the impacts of surface and groundwater abstractions on protected habitats and species (2013-onwards).
• Water Resources Management Plan Inquiry (May-June 2010) - acted for South East Water against the Environment Agency in the first ever water resources management plan inquiry.
• Sembcorp Bournemouth Water Co v Bournemouth City Council (2012) - notice appeal for Bournemouth Water Co.
• Loader v Secretary of State [2012] EWCA Civ 869 - meaning of "significant environmental effects" under the EIA Directive and the use of the precautionary principle in screening opinions.
• Alyson Austin v Miller Argent [2011] EWCA Civ 363 - defeating a 500+ group litigation order
• R (Griffin) v LB Newham [2011] EWHC 53 - successful defence of planning permission to increase flights at London City Airport.
• R (Brown) v Carlisle City Council [2010] EWCA Civ 523 - salami slicing and EIA development.
• R (Wye Valley Action Group) v Herefordshire Council [2010] Env LR 18 - on the requirement for EIA of polytunnel development
• ECJ Case C-290/03 R(Barker) v London Borough of Bromley and in the House of Lords R(Barker) v LB Bromley [2007] 1 AC 470 - junior counsel for the successful claimants in the leading ECJ cases on environmental impact assessment and reserved matters applications.
• R (Rockware Glass) v Chester City Council [2007] Env LR 3, junior counsel for the successful claimant in the leading Court of Appeal case on the IPPC Directive and Regulations and the approach to assessing Best Practicable Means.
• R (Robinson) v Torridge DC [2007] 1 WLR 871, acting for the successful claimant in the first case to consider the application of section 259 Public Health Act 1936 to highway bridges that cause flooding.
• R (Lewis) v Environment Agency and Onyx [2006] Env LR 10, counsel for the successful second respondent on the first case to consider the meaning of 'prevent' under annex I of the Landfill Directive and the legality of sub-water table landfill sites.
• ECJ Case C-201/01 R v Secretary of State ex parte Wells [2004] ECR I-723, junior counsel for the successful claimant before the ECJ in a leading case on the duty to take remedial action for breaches of the EIA Directive.
• Bown v Secretary of State [2003] EWHC 819 Admin, a challenge to a CPO for failure to comply with the Wild Birds Directive.
• Gillespie v Secretary of State and Bellway Homes [2003] Env LR 30, Times, 7 April 2003 on the scope of considerations relevant to a screening opinion under the EIA Directive.
• Prokopp v Tower Hamlets [2003] EWHC (Admin) 960 - successful defence to an EIA challenge of the East London Line Extension.
• Ind v Plant Hire Co. [1999] Env LR D15 - £3.5 million claim for contaminated land.

James is a member of the United Kingdom Environmental Law Association, the Environmental Law Foundation and the Planning and Environment Bar Association.
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James has broad experience of compulsory purchase and compensation work, in particular in the context of urban regeneration and major infrastructure projects. His caseload of compensation claims is usually in excess of £100 million. Chambers and Partners have described him as "a star of the CPO world".   

He is an editor of the 2-volume loose-leaf encyclopaedia 'Compulsory Purchase and Compensation Service' (Bloomsbury Publishing), and a co-author of 'The Law of Compulsory Purchase” (now in its 4th edition).  

He acts for both claimants and acquiring authorities in compensation claims, having gained invaluable experience handing the compensation claims arising from the Olympic Park acquisitions and the acquisitions for the Channel Tunnel Rail Link.  He acted successfully for the London Borough of Southwark in its challenge to the controversial Aylesbury decision, eventually securing the Secretary of State's consent to judgment.  Additional CPO experience arises from work on Nationally Significant Infrastructure Projects (for details please click here). As well as regular advocacy, he has a strong advisory practice in these areas, with particular focus on strategic case planning to maximise or minimise compensation as appropriate to the client.

Examples of work

Compensation: 

• Leech Homes v Northumberland Council [2021] EWCA Civ 198 and [2020] UKUT 150 (LC) - successful defence of negative CAAD decision, upheld by the Court of Appeal.
• Curzon Park Ltd and Others v Secretary of State for Transport Supreme Court, 2023; [2021] EWCA Civ 651 and [2020] UKUT 0037 (LC) – for claimant on preliminary issue concerning Certificates of Appropriate Alternative Development. 
• Castlefield v Highways Agency (2023, Upper Tribunal) - for claimant, compensation where access rights removed and physical access but no access easement provided  
• IM Properties v HS2 (2022, Upper Tribunal) - for claimant, complex multi million pound claim for land taken, severance and injurious affection. 
• Harrow Grange Farm Estate Regeneration CPO (2021).
• Handling several substantial claims against HS2 in London, Birmingham and elsewhere along the route.
• Crossrail claims on behalf of Billingsgate Market.
• William Hill v Birmingham City Council (2016) - acted for an acquiring authority on business disturbance claim.
• Trustees of Borough Market v TfL (2015) - disturbance compensation arising from Thameslink  (2015).
• Manchester University (2015) -  advising the University on disturbance based objections arising from the proposed Northern Hub railway works.
• Ferguson Estates v TfL (2015) - Crossrail, disturbance and land value compensation.
• Balcombe v Veolia (2015) - disturbance compensation arising from laying of water pipes.
• Robert Dias v TfL (2014) - disturbance compensation arising from Crossrail.
• Clearun v GLA (2014) - front-runner Olympic compensation case establishing compensation on existing use rather than redevelopment basis for acquisitions in the Olympic park.
• Bishopsgate Parking v Welsh Assembly [2012] UKUT 22 (LC) - £60+ million compensation claim.
• Successfully acting for the LDA in the compensations claims in Acrofame [2012] UKUT 107, and Solartrack [2012] UKUT 158, securing costs in each case.
• Over 200 subsoil claims before the Lands Tribunal which arose from the London Tunnels section of HS1 (2009/ 2010).
• Kent County Council v Union Railways North Ltd [2009] EWCA Civ 363, acted for the successful claimant in the leading case on omitted interests.
• Kent County Council v Union Railways [2008] 23 EG 117, on the entitlement to compensation when no notice to treat is served.
• Bocardo SA v Star Energy UK Ltd [2009] EWCA Civ 279, instructed to advise successful oil company on valuation of rights to extract oil through third party land under the Mines (Working Facilities and Support) Act 1966.
• Solartrack v London Development Agency [2009] UKUT (LT) 242, acting for the LDA striking out a compensation claim on estoppel and other grounds.

Compulsory Purchase

• Maidenhead Nicholson Centre Regeneration (2022-2023 - High Court case pending) 
• Barking Vicarage Field Regeneration (2022) 
• Advising Homes England in respect of CPO for strategic housing delivery at Chalgrove Airfield, Oxfordshire (ongoing).
• Major estate regeneration CPOs in Wandsworth (ongoing).
• Hackney Woodberry Down Phase 3 (2019).
• Canterbury City Council (St. Margaret’s Street) CPO 2018.
• Brentford High Street Regeneration CPO (2018).
• Thamesmead Regeneration CPO (2017).
• Two housing regeneration CPOs for the London Borough of Hackney (2017).
• South Oxhey Regeneration Scheme (2016) - acting for promoter.
• Brent Cross Regeneration (2016) - objections on behalf of Marks & Spencer.
• Solihull Touchwood Shopping Centre (2015) - acted for promoter.
• Watford Health Campus redevelopment (2015) - acting for promoter.
• Former Gasworks site, Southall (2015) - objections to CPO on behalf of LB Hillingdon and the Canal and River Trust.
• Croydon Town Centre regeneration (2015) - objections to CPO.
• Eastbourne Arndale Centre (2015) - objections to CPO.
• Watford Intu Shopping centre redevelopment (2014) - acting for promoter.
• Four housing regeneration CPOs for LB Hackney (2014).
• Burbo Bank Off-shire Windfarm (2014) - CPO for the cable element of the project.
• Willington C Gas Pipeline (2014) - CPO for the gas supply pipeline to link to the Willington C power station.
• Whitemoss Landfill site (2014) - development consent order, including compulsory purchase powers, for new hazardous waste landfill site.
• Avon Cosmetics (2012) - resisting compulsory acquisition of land around Avon's European Headquarters.
• Successfully promoting CPO's for the London Olympics (2006), SEEDA (2008), Tameside Council (2011) and Gosport Council (2010).

• Called to the Bar in 1996 (Middle Temple), took silk 2014
• MA, St. Catharine's College, Cambridge (1993).
• LLM, King's College, London (1995).
• BA Level Diploma in translation (Portuguese-English), University of Westminster (1996).
• Visiting Professor in Environmental Law, King's College, London (2017-2022)
• Council member of the United Kingdom Environmental Law Association (2011-2013)
• Committee Member of the Administrative Law Bar Association (2005-2007).
• Former Judicial Assistant to the Court of Appeal.
• Fellow of the Royal Society of Arts.
• Member of the Society of Neuro-Linguistic Programming
• Other: Gourmet Essentials certificate, Le Cordon Bleu, London (2010); Leith's Sauce Workshop (2012); Grade 8 piano (currently self-teaching jazz improvisation); Creativity Workshop, Lisbon (2017); Voice and Communication Workshop (London 2017); Ironman 70.3 Triathlon finisher (2016, 2017).

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