Practice Profile
Gabriel is building a busy practise across all of Chambers’ practise areas, including public, planning and environmental law. He has appeared at all levels up to the High Court and regularly at inquiries. He is comfortable acting as sole or junior counsel.
Gabriel has experience acting for local communities and public bodies, as well as advising a range of clients including local government, public bodies, private bodies and NGOs.
He welcomes instructions across all of Chambers’ practise areas. Gabriel is also happy to work on a pro-bono basis in appropriate cases.
Gabriel’s practise covers all areas of planning law, including judicial and statutory reviews, as well as planning appeals.
Some of Gabriel’s recent planning work includes:
- Appearing as sole counsel for the Claimant in R(Lifford Gardens) v Wychavon District Council [2024] EWHC 2943 (Admin). This was a significant case in which the High Court clarified the relationship between the GPDO and the Electronic Communications Code.
- Successfully represented a Rule 6 Party at a three-day enforcement inquiry.
- Appearing as junior counsel at a two-week planning inquiry concerning a tower in Stratford.
- Advising on and drafting a representation to a planning committee meeting in relation to a housing scheme, in which the scheme was eventually refused. The issues concerned biodiversity net gain, the duty to give reasons, the tiled balance and five-year housing land supply.
Gabriel has also advised on a range of planning-related matters, including:
- A representation for a local plan examination. The issues concerned the legal requirements for an HRA, sustainability appraisals, fairness in public consultations and the relationship between neighbourhood plans and development plans.
- Permitted development rights and temporary installations.
- The prospects of a judicial review involving the meaning of “development,” legitimate expectations and biodiversity net gain.
- The powers of appropriation available to local authorities.
- The severability of planning conditions from a permission.
- Outline planning permissions and reserved matter approvals.
- Flood risk and the sequential test.
- A prospective challenge to a local authority’s mineral and waste plan.
Gabriel also has experience of the development consent order process, following completion of pupillage under the supervision of Hugh Flanagan and Isabella Tafur. In particular:
- The statutory review of Sizewell C Nuclear Power Station in the Court of Appeal.
- The statutory review of East Anglia One and Two in the Court of Appeal.
- The statutory review of Net Zero Teesside, a gas-fired power station with carbon capture storage.
Gabriel is currently on a secondment with the Office for Environmental Protection and practises in a wide range of environmental work.
He has advised in several areas of environmental law, including:
- Nutrient neutrality in depleted special areas of conservation.
- Private nuisance of waterways, following the Supreme Court’s decision in Manchester Ships Canal v United Utilities [2024] UKSC 22.
- Sewage storm overflows.
- Agricultural pollution of water bodies.
- Local authority waste plans.
- Habitats regulation assessment and environmental impact assessment.
- Biodiversity Net Gain.
Gabriel has a broad knowledge of environmental law from his studies and would like to continue to develop his practise in this area. He built on his knowledge while working as a paralegal at Leigh Day in their international department and recently co-wrote a chapter with Greg Jones KC in the upcoming book “The Aarhus Convention: Coming of Age?”
Gabriel has a keen interest in the law relating to highways, commons and open spaces, having covered the area in depth as part of his pupillage under the supervision of Ned Westaway. Gabriel advised and assisted on:
- Criminal liability for development on registered Town and Village Greens.
- Whether Town and Village Greens are a material planning consideration when considering an application for planning permission.
- The powers of improvement of highways available to local authorities under the Highways Act 1980.
- Highways, tortious liability, the building regulations and lawful development certificates.
- Tortious liability, sewage overflows and highways.
- A judicial review challenge to a local authority’s definitive map modification order under Sch 15, para 12 of the Wildlife and Countryside Act 1981.
- A judicial review challenge concerning the interpretation of “neighbourhood” in the deregistration of Town and Village Greens under s.16 Commons Act 2006.
Gabriel already has experience of rating matters, including recently drafting a skeleton argument and preparing the evidence for a council tax liability appeal.
Further, during pupillage under the supervision of Hugh Flanagan, Gabriel covered several areas of rating law, including:
- Drafting an advice concerning The Valuation for Rating (Plant and Machinery) (England) Regulations 2000.
- The scope of the public religious worship exemption for rating.
Gabriel has a busy licensing practice and is frequently instructed to represent parties at review hearings for a range of premises, including nightclubs, bars and off-licenses.
Gabriel has already appeared as sole counsel in a significant judicial review which clarified the relationship between the GPDO and the Electronic Communications Code. He regularly advises in conference and in writing on judicial review prospects as well as broader public law issues.
In addition to statutory and judicial reviews concerning planning and environmental matters, Gabriel also has experience of broader public law issues. This includes:
- An advice on whether the blocking of a member of the public’s email addresses from contacting his elected representatives was a breach of his Article 10 ECHR rights.
- The challenge to the Government’s decision to ban XL Bully dogs.
- A judicial review of the Government’s Cycling and Walking Strategy.
- A challenge concerning the Government’s policy on the insulation of homes.
- BPTC – Bar Course (very competent).
- University College London (LLM) – Environmental Law and Policy (Distinction).
- Durham University (LLB) – Law (First Class Honours).
- Reader’s Scholarship awarded by the Honourable Society of Middle Temple.
- The McFarlane’s Award for Trusts and Equity.
- The Lord Hughes of Ombersley Prize.
- School prizes for History and French.
- UKELA
- ALBA
- PEBA
- The Bar European Group
- CPA
Prior to being called to the Bar, Gabriel worked as a paralegal on large, environmental law group claims, including those related to the diesel emissions scandal. He has experience of the full breadth of the litigation process and is therefore comfortable advising on procedural matters.
He is currently seconded for two days a week to the Office for Environmental Protection.
Latest from Gabriel
16
Dec' 24Summary Changes to The NPPF
Last week the Government published the newest version of the NPPF. Replete with substantial changes, this document could prove to be the solution to the UK’s housing woes, if Government rhetoric is to be believed. Certainly, the latest NPPF constitutes a significant departure from the previous iteration, with 810 changes made, following over 10,000 responses to the Government’s draft consultation earlier this year.
28
Nov' 24High Court Rejects Judicial Review Challenge to Erection of Telegraph Poles
The High Court has handed down judgment dismissing a judicial review of Wychavon District Council’s decision that proposals to install telegraph poles in the areas of Lifford Gardens and the Sands Estate “fell within the scope” of the Town and Country Planning (General Permitted Development) (England) Order 2015 (“GPDO”).
02
Oct' 24Two New Tenants: Armin Solimani and Gabriel Nelson
FTB is delighted to announce that Armin Solimani and Gabriel Nelson have both accepted invitations to join Chambers and become tenants today (2 October 2024) following successful completion of their pupillages.
19
Jul' 24Inspector Refuses Planning Permission for Loss of Historic Pub After Three Day Inquiry
The China Hall was a pub in the London Borough of Southwark with roots that stretch back to the late 18th Century. It was in operation until December 2018 when the former publicans who had run the pub for over thirty years left.
04
Dec' 24FDR-lite? – Von Der Leyen and the EU Green Deal Legislative Agenda
The EU has been particularly active in passing significant legislation addressing the environment in recent years. This blog post will address some of the most important introductions and seek to compare them with current UK legislation in order to identify any potential areas for reform.
09
May' 24Part 1 - Border Carbon Adjustments and the WTO
Famously, the legal philosopher HLA Hart described the system of international law as ‘primitive,’[1] given its distinct lack of secondary rules: the rules which dictate how primary rules (those imposing obligations) are identified, changed and adjudicated upon.[2]
Back to Barristers
19
Feb' 25Quarterly Environmental Law Update Q1 2025
The seminar will be chaired by Gregory Jones KC.
Confirmed Speakers and Topics
- Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations - Esther Drabkin-Reiter
- Climate litigation update - Gabriel Nelson
- Waste update - Jeremy Phillips KC
- NPPF update - Armin Solimani
- Renewable energy infrastructure - Mark O'Brien O'Reilly
Practical Information
Date: 19 February 2025.
Time: Registration from 2.45pm. Seminar from 3.00pm - 5.00pm and followed by a short drinks reception.
Venue: In person only at Francis Taylor Building, Inner Temple, London, EC4Y 7BY
Cost and booking: There is no charge to attend but places are limited and must be reserved in advance using the online booking form.