Hereward Phillpot KC

Call: 1997  QC: 2015
Practice Profile

Hereward Phillpot KC took silk in 2015, and has rapidly become recognised as one of the foremost practitioners at the planning and environmental bar.  Chambers and Partners and the Legal 500 both rank him as one of the highest rated planning silks overall and the Planning Law Survey also ranks him as the second highest rated silk for infrastructure work.

As a junior, the Chambers and Partners guide consistently rated Hereward as a 'Star Individual' junior in the field of planning, including him in the Chambers 100 UK Bar List of the top juniors, and naming him 'Junior Barrister of the Year' in environment and planning. Before taking silk, Hereward was a member of the Attorney General's 'A' Panel of Junior Counsel, having previously served on both the 'B' and 'C' Panels.

Hereward specialises in planning and environmental law, judicial review and statutory challenge. Regularly appearing in public inquiries, hearings into Nationally Significant Infrastructure Projects, and the higher Courts, he acts on behalf of developers, the Government, local planning authorities and third parties. He has particular expertise and experience in dealing with Nationally Significant Infrastructure Projects (including energy generation and transmission, waste water, carbon capture and storage, and transport schemes) and other major strategic developments such as airports, sustainable urban extensions, tall buildings, large housing and employment schemes, and in Administrative Court litigation.
 

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Hereward has very extensive experience of successfully promoting and resisting a wide range of major infrastructure projects under the Planning Act 2008, the Transport and Works Act 1992 and the Harbours Act 1964 and in Parliament.

Energy

New Nuclear

  • Promoting EDF's new nuclear power station at Sizewell C in Suffolk
  • Promoting EDF's new nuclear power station at Hinkley Point C in Somerset
  • Promoting CGN and EDF's new nuclear power station at Bradwell-on-Sea in Essex
  • Promoting NuGen's new nuclear power station at Moorside in West Cumbria

Offshore Wind

  • Promoting the East Anglia One Offshore Windfarm
  • Promoting the Navitus Bay Offshore Windfarm
  • Promoting the East Anglia One North and East Anglia Two Offshore Windfarms
  • Advising on the Berwick Bank Offshore Windfarm
  • Advising on the Norfolk Vanguard Offshore Windfarm
  • Objecting to the Galloper Offshore Windfarm on behalf of EDF

Carbon Capture and Storage

  • Promoting Net Zero Teeside
  • Promoting the National Grid Humber Carbon Capture and Storage scheme

Grid Connection

  • Promoting the National Grid Grimsby to Walpole grid connection
  • Advising National Grid on a range of strategic matters and individual grid connection schemes
  • Promoting the National Grid Hinkley Point C grid connection
  • Objecting to the National Grid Richborough Connection Project, on behalf of South East water

Other

  • Advising Nuclear Waste Services on the development of a Geological Disposal Facility
  • Promoting the extension of an Energy from Waste plant in Rivenhall, Essex for Indaver NV
  • Advising Cadent Gas on the HyNet North West Hydrogen Pipeline
  • Advising DECC on the National Policy Statements for Energy
  • Advising the promoter of the Thurrock Flexible Generation Plant
  • Advising promoters on a range of energy storage schemes, and small scale generating stations

Water and wastewater

  • Promoting the Thames Tideway Tunnel on behalf of Thames Water
  • Promoting the River Thames (Datchett to Teddington) Scheme on behalf of the Environment Agency
  • Objecting to the Eccles Wastewater Treatment Works CPO on behalf of the Manchester Ship Canal Company Limited

Airports

  • Promoting the expansion of Stansted Airport
  • Promoting the expansion of Heathrow Airport
  • Objecting to the CPO for the expansion of London City Airport
  • Advsing Cambridge Airport
  • Advising Southampton Airport

Rail

  • Promoting the Rail Central new Strategic Rail Freight Interchange
  • Objecting to the Northampton Gateway new Strategic Fail Freight Interchange
  • Objecting to HS2
  • Objecting to Crossrail
  • Objecting to Thameslink 2000
  • Objecting to the redevelopment of Camden Town Underground Station
  • Advising on the West Midlands Gateway new Strategic Rail Freight Interchange
  • Promoting a compulsory purchase order for the redevelopment of Coventry Rail Station and Bus Interchange

Roads and Bridges

  • Promoting the Upper Orwell Crossings on behalf of Suffolk County Council

Harbours and Ports

  • Promoting the development of the Port of Immingham through the Immingham Green Energy Terminal for Associated British Ports and Air Products BR Ltd.
  • Promoting the Hinkley Point C Harbour Empowerment Order

Commercial

  • Promoting the Paramount London Entertainment Resort

Changes to DCOs

  • Successfully promoting post-consent changes to DCOs

Hereward has very considerable experience in promoting and resisting a wide range of development proposals, and advising on all aspects of planning and environmental law.

Major Developments

  • Representing Indaver NV at the public inquiry into its Integrated Waste Management Facility at Rivenhall, Essex
  • Representing Heathrow Airport Limited at the public inquiry into the development required to end the 'Cranford Agreement'.
  • Numerous public inquiries on behalf of developers, local planning authorities and third parties in relation to major development schemes promoted under the Town and Country Planning Act 1990.
  • This has included many 'urban extension' schemes between 900 to 3,000 homes together with significant employment, retail and other development.

Tall Buildings

  • Representing the Mayor of London in the public inquiry into the ‘Tulip’ tall building scheme in the City of London
  • Representing LB Southwark in the public inquiry into the New City Court tall building proposals near London Bridge
  • Representing LB Hammersmith and Fulham in the public inquiry into the Edith Summerskill House tall building proposal

Housing Developments

  • Extensive experience of promoting and resisting housing development, including single replacement dwellings of exceptional architectural merit, conversion of various listed buildings to residential use, 'backland' development and outline schemes for hundreds of new homes on greenfield sites.
  • Extensive experience of neighbourhood planning issues related to housing development, both for developers and authorities.
  • Extensive experience of Administrative Court litigation on housing development and policy issues.

Retail and Employment Developments

  • Promoting and resisting a number of retail and employment developments including new supermarkets in existing high streets and proposed new centres, large out of centre retail developments including designer outlet shopping centres, and strategic employment sites.

Energy Developments

  • Promoting schemes for onshore production of oil and gas
  • Promoting small scale generating stations
  • Promoting Energy from Waste schemes

Listed Buildings, Conservation Areas and Scheduled Ancient Monuments

  • Promoting and resisting a number of schemes involving the proposed change of use of a wide range of listed buildings.
  • Extensive experience of development proposals affecting the setting of world heritage sites, listed buildings and scheduled ancient monuments, and within conservation areas. 

Plan-Making

  • Promoting the joint Oxfordshire Plan
  • Promoting and objecting to a range of local development plans
  • Judicial Review proceedings in respect of local development plans
  • Judicial Review and Injunctive proceedings in relation to neighbourhood plans  

Habitats Directive Schemes

  • Promoting the creation of an extensive new area of replacement inter-tidal habitat pursuant to the Habitats Directive.
  • Promoting the creation of replacement wetland habitat pursuant to the Habitats Directive

Enforcement

  • Numerous enforcement inquiries on behalf of developers and local planning authorities including development of airfields, a wide variety of changes of use, creation of new dwellings etc.

Other

  • Promoting the pedestrianisation of Oxford Street on behalf of Westminster City Council.

Hereward has extensive experience in environmental law, advising and representing clients in a range of matters concerning the Habitats Directive, Environmental Impact Assessment, the Water Framework Directive, environmental permitting and other aspects of environmental regulation:

  • Promoting a number of schemes within and affecting European Sites
  • Promoting the creation of replacement habitat and other compensation proposals for European Sites
  • Advising and litigating in respect of EIA matters on a wide range of development

Notable recent environmental cases include:

  • R (TASC) v. Secretary of State for Energy Security and Net Zero [2023] EWHC 1526 (Admin)
  • R (SASES) v. (1) Secretary of State for Business, Energy and Industrial Strategy (2) EA1N Ltd (3) EA2 Ltd. [2022] EWHC 3177 (Admin)
  • Cherwell Development Watch Alliance v. Cherwell District Council [2021] EWHC 2190 (Admin).
  • Pearce v. Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin)
  • Girling v. East Suffolk Council [2020] EWHC 2579 (Admin)
  • R (An Taisce) v. (1) Secretary of State for Energy and Climate Change (2) NNB Generation Company Ltd  [2015] Env. L.R,2
     

Hereward regularly appears in the Administrative Court and Court of Appeal, with a particular emphasis on challenging and defending decisions of both central and local government relating to planning policy and development control decisions. He has also appeared in the Supreme Court on behalf of the Government in relation to the interpretation of the National Planning Policy Framework.  Before taking silk, he was a member of the Attorney General's 'A' panel of counsel, having previously served on the 'B' and 'C' panels.

Notable cases include:

  • R (Spitalfields Historic Building Trust) v. Tower Hamlets LBC [2023] EWCA Civ 917
  • R (SEAS) v. Secretary of State for Energy Security and Net Zero [2023] EWHC 1796 (Admin)
  • R (TASC) v. Secretary of State for Energy Security and Net Zero [2023] EWHC 1526 (Admin)
  • R (SASES) v. (1) Secretary of State for Business, Energy and Industrial Strategy (2) EA1N Ltd (3) EA2 Ltd. [2022] EWHC 3177 (Admin)
  • Cherwell Development Watch Alliance v. Cherwell District Council [2021] EWHC 2190 (Admin).
  • Pearce v. Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin)
  • Girling v. East Suffolk Council [2020] EWHC 2579 (Admin)
  • Satnam Millennium v. Secretary of State for Housing, Communities and Local Government [2019] EWHC 2631 (Admin)
  • Jelson Ltd. v. Secretary of State for Communities and Local Government [2018] EWCA Civ 24
  • R (Legard) v Royal Borough of Kensington and Chelsea [2018] EWHC 32 (Admin)
  • Suffolk Coastal DC v Hopkins Homes & SSCLG [2017] 1 WLR 1865; [2017] UKSC 37; [2016] EWCA Civ 168
  • R (Hawksworth Securities Plc) v. Peterborough City Council [2016] EWHC 1870 (Admin)
  • Edward Ware Homes Ltd v SSCLG [2016] EWHC 103 (Admin)
  • R (Gladman Developments Limited) v. Aylesbury Vale District Council [2014] EWHC 4323 (Admin)
  • R (An Taisce) v. (1) Secretary of State for Energy and Climate Change (2) NNB Generation Company Ltd  [2014] EWCA Civ 111; [2015] Env. L.R,2
  • IM Properties Development Ltd. v. Lichfield DC [2014] EWHC 2440 (Admin); [2014] P.T.S.R. 1484
  • Taylor Wimpey (West London) Ltd. v. Secretary of State for Communities and Local Government [2014] EWHC 2082 (Admin)
  • R (Gazelle Properties Ltd) v. Secretary of State for Communities and Local Government [2014] EWHC 93 (Admin)
  • Lambrou v. Secretary of State for Communities and Local Government [2014] JPL 538
  • R (An Taisce) v. (1) Secretary of State for Energy and Climate Change (2) NNB Generation Company Ltd [2013] EWHC 4161 (Admin))
  • Stevens v. Secretary of State for Communities and Local Government [2013] JPL 1383
  • Smith v. SSCLG [2012] JPL 975
  • Helioslough Ltd v. SSCLG [2011] EWHC 2054 (Admin)
  • Britannia Assets (UK) Ltd v. SSCLG [2011] EWHC 1908 (Admin)
  • Morbaine Ltd. v. (1) Secretary of State (2) Aylesbury Vale DC [2011] EWHC 681 (Admin)
  • Simpson v. Secretary of State [2011] EWHC 283 (Admin)
  • Bella Vista Restaurant Ltd. v. Secretary of State [2011] EWHC 510 (Admin)
  • Leeds CC v. (1) Secretary of State (2) Libra Demolition Ltd [2010] EWHC 1412; [2010] JPL 1468
  • R (Byfield) v. Hackney BC [2009] EWHC 2399 (Admin)
  • David Morris v. (1) Secretary of State (2) LB Haringey (3) Presentation Housing Association [2009] EWHC 1656 (Admin)
  • R (Fladgate Fielder LLP) v. (1) WCC (2) Land Securities [2009] EWHC 991 (Admin)
  • St Edmundsbury BC v. Secretary of State [2009] JPL 434
  • Fewings v. Secretary of State [2009] JPL 433
  • R (London & Stamford Investments Ltd) v. (1) Stoke on Trent CC (2) Prologis Ltd [2008] EWHC 2746 (Admin)
  • Hillingdon LBC v. (1) Secretary of State (2) Autodex Ltd. [2008] JPL 1486
  • Ensign Group Ltd. v. Secretary of State [2007] JPL 141
  • Takeley PC v. (1) BAA (2) STAL (3) Secretary of State [2007] JPL 126
  • Searle v. Secretary of State (2007) JPL 656
  • R (Candlish) v. Hastings BC [2006] JPL 22
  • R (Port Regis School Ltd.) v. North Dorset DC [2006] JPL 1695
  • R (Hart Aggregates Ltd) v. Hartlepool BC [2005] JPL 1602
  • R (Alconbury Developments Ltd) v. Secretary of State [2001] 2 WLR 1389

Hereward has very extensive experience in promoting and resisting the compulsory purchase of land and interests in land under the following statutory regimes:

  • Planning Act 2008
  • Transport and Works Act 1992
  • Town and Country Planning Act 1990
  • Water Industry Act 1991
     
  • BA (Hons) History (First Class) - University of York
  • Diploma in Law (CPE) - City University
  • Postgraduate Diploma EC Law - King's College, London
  • Gray's Inn Prince of Wales Scholar
  • Prior to taking silk, Hereward was a member of the Attorney General's 'A' Panel of Counsel
  • Queen's Counsel (2015)

Assistant editor National Infrastructure Planning Handbook published by Bloomsbury Professional
"When He Who Hesitates is Lost: Judicial Review of Planning Permissions" [2000] JPL 564
"Judicial Review: Some Practical Guidance for Local Planning Authorities" [2008] JPL 1551

Privacy Notice

Latest from Hereward
20
Feb' 24
Secretary of State Grants Development Consent for the UK’s First Commercial Scale, Full Chain Carbon Capture and Storage Project

The Secretary of State for Energy Security and Net Zero has granted development consent for the Net Zero Teesside Project, the UK’s first commercial scale, full chain Carbon Capture and Storage Project.

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05
Feb' 24
Appeal Against Refusal of 47MW Solar Energy Generating Station Allowed

Planning permission has been granted on appeal for the development of a solar energy generating station with a capacity of about 47MW on agricultural land near Marden in Kent (Appeal Ref: APP/U2235/W/23/3321094).

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18
Jan' 24
Court of Appeal Dismisses Challenge to EA1N and EA2 Offshore Windfarm DCOs

On 17 January 2024 the Court of Appeal (Coulson, Lewis, William Davis LJJ) unanimously dismissed an appeal by Substation Action Save East Suffolk Limited against the decision of Lang J to reject the judicial review challenge brought against the grant of development consent for two offshore windfarm projects: East Anglia One North and East Anglia Two.

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20
Dec' 23
Court of Appeal Rejects Challenge to Sizewell C Development Consent Order

The King (Together Against Sizewell C Ltd.) v. (1) Secretary of State for Energy Security and Net Zero (2) Sizewell C Ltd. [2023] EWCA Civ 1517

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Back to Barristers

"Harry is a master of his field. In hearings in the Divisional Court and Court of Appeal, against a range of senior and junior opponents, he always stands out from his peers. He takes the right points, presents them with clarity and persuasion, and wins repeatedly."

Legal 500, 2024

"He is a really good brain, good in High Court and planning inquiries."

Chambers and Partners, 2024

"Hereward dispenses very clear advice both orally and in writing, using his ability to review, absorb and analyse a lot of information. He can shepherd a large client team who are not used to the consenting process through key issues and public hearings."

Legal 500, 2023

"Hereward provides an incredibly high level of service and is able to turn work around in a very short space of time."

Chambers and Partners, 2023

"Hereward has unparalleled, absolute focus and outstanding intellectual acumen which inspires total trust in his advice. A 'client care champion' who always finds time for urgent advice."

Legal 500, 2022
22
Apr' 24
Annual Infrastructure Seminar (Hybrid)

This afternoon seminar will provide an opportunity to be informed about and discuss the latest developments in infrastructure planning with some of the leading barristers in the field. It will focus on key practical issues, providing a convenient way for busy solicitors, consultants and local authority officers to keep up to date and to manage the implications of recent changes. 

Chair: Hereward Phillpot KC

Speakers and Topics

•    Recent developments in solar – Mark Westmoreland Smith
•    DCO drafting – Michael Fry
•    The infrastructure (Wales) Bill 2023 – Annabel Graham Paul
•    Mitigation measures – Rebecca Clutten, Isabella Tafur
•    Caselaw update – James Pereira KC, George Mackenzie

Practical Infrormation

Date: Monday 22 April 2024.
Time: Registration will take place from 1.30-2.00pm.  The seminar will run from 2.00pm-5.30pm. It will be followed by a drinks reception from 5.30pm-6.30pm.
Format: The seminar will be run as a hybrid event enabling either in-person or virtual attendance.  Please select the relevant option when booking.
Venue: Inner Temple, Crown Office Row, Temple, London EC4Y 7HL. Virtual attendees can join by Zoom (joining instructions will be sent to attendees a few days before the event).
Cost: The standard charge for this seminar is £160 + VAT per attendee for both in-person and virtual attendance. Bookings made by COB on 29 February will be entitled to the Early Bird rate of £140.00 + VAT. By booking three delegates at the same time, you will automatically be entitled to a special rate of three delegates for the price of two on both the standard and Early Bird rates. Bookings can be made via Eventbrite and payment can be made by credit card at the time of booking or later by BACS but must be received prior to the event.  Booking confirmations and invoices will be sent from Eventbrite by email.
There are limited number of free places available for local authorities. Please contact Deirdre Mahon, Marketing Manager for more information.

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