Practice Profile
Michael is building a strong practice across all of Chambers’ practice areas and acts for a wide range of clients, including central and local government, developers and landowners, and local residents. Michael regularly appears in court, inquiries and hearings in his own right and as junior counsel. Michael is currently seconded part-time to Westminster City Council and the Royal Borough of Kensington and Chelsea, where he has gained experience in advising on a broad range of planning issues.
Michael recent experience appearing at and assisting during planning appeals includes:
- Junior to Craig Howell Williams K.C. for a local planning authority at a two-week inquiry concerning an outline application for up to 2,800 residential units in tall buildings. The inquiry raised issues relating to design, heritage and 5YHLS.
- Sole counsel on behalf of a local planning authority at an enforcement appeal that raised complex issues relating to the Habitats Directive and the Environmental Impact Assessment Directive.
- Junior counsel to Gregory Jones K.C. for the Appellant in a combined enforcement and planning inquiry in relation to a minerals site.
- Junior counsel to Morag Ellis K.C. for the Applicant at the Cardiff Parkway call-in inquiry where the development consisted of a major railway station, and the focus of the inquiry was on ecology and biodiversity.
- Sole counsel in two planning inquiries concerning Certificates of Lawful Existing Use or Development.
- Junior counsel to Morag Ellis K.C. for a local planning authority at a call-in inquiry concerning tall buildings and heritage assets.
- Assisting Jenny Wigley K.C. and Nick Grant as junior counsel in preparation for an enforcement inquiry related to the Home Office’s use of RAF Scampton for asylum accommodation.
- Sole counsel on behalf of an applicant in a four-day non-statutory Town and Village Green inquiry. The inquiry raised issues concerning locality, highways and open spaces.
Michael has also been instructed as junior counsel and assisted with multiple judicial review, s.288 and s.289 challenges concerning policy interpretation, heritage statutory duties, the Wheatcroft principle, Green Belt, advertisement consent, Supplementary Planning Documents, the duty to give reasons and procedural fairness.
Michael’s recent experience in judicial reviews and the High Court includes:
- Junior counsel to Saira Kabir Sheikh K.C. in Bramley Solar Farm Residents Group v SSLUHC [2023] EWHC 2842 (Admin), a case raising seven grounds of challenge concerning issues such as amendments on appeal, the consideration of alternatives and the interpretation of the NPPF.
- Junior counsel to Jenny Wigley K.C. and Nick Grant in judicial review challenges to planning enforcement action taken by West Lindsey District Council against the use of RAF Scampton by the Home Office.
- Sole counsel on behalf of a claimant in a judicial review challenge raising issues relating to the EIA Regulations and the interpretation of the NPPF.
- Junior counsel to Michael Fry on behalf of National Highways in injunction and committal proceedings (NHL v Kirin [2023] EWHC 3000 (KB)), including experience of cross-examination in the High Court.
Michael also has a busy advisory practice and has provided advice to a wide range of clients on many matters, including:
- The interpretation and application of the Use Classes Order
- Prospects of success for potential challenges to appeal decisions
- Prospects of success for appealing against Enforcement Notices
- Obtaining liability orders under the Community Infrastructure Levy Regulations 2010
- Enforcing section 106 agreements
- The adoption and content of Supplementary Planning Documents
- Whether certain works require planning permission
- Costs awards in the context of a planning appeal
- The content and service of Enforcement Notices
- The legality and enforceability of planning conditions
- The interpretation of the NPPF in relation to plan-making
- The interpretation of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012
- The interpretation of the Town and Country Planning (Control of Advertisement) (England) Regulations 2007
Michael is also experienced in planning enforcement and has acted for both local authorities and defendants in criminal enforcement proceedings.
Michael has attended multiple local plan examination hearings and has assisted a Parish Council with their objections to an emerging local plan.
During pupillage Michael also assisted at a planning inquiry concerned with the correct interpretation and application of the flooding sequential test and a planning inquiry addressing issues of landscape and 5YHLS in the context of an emerging local plan.
Michael is currently instructed in a significant prosecution being brought by the Environment Agency against six defendants under sections 33 and 34 of the Environmental Protection Act 1990. Michael has also been instructed as sole counsel in s82 Environmental Protection Act 1990 proceedings.
Michael assisted in drafting an Order 53 Statement for a Northern Ireland judicial review claim in respect of consents to allow for the creation of underground gas caverns. The claim raises issues concerning the Habitats Regulations, the correct approach to assessing the environmental effects of decommissioning and cross-cutting.
Michael is a regular contributor to the FTB Environmental Law Blog and has also lectured on the MSC in Construction Law and Dispute Resolution at King’s College London on ‘Environmental Law in Construction’.
During pupillage Michael also drafted research notes on statutory nuisance and the correct approach to 'Best Practicable Means'. Michael also wrote draft Advices on the precautionary principle, the application of the Habitats Regulations for permitted development, the approach taken towards decommissioning in DCOs and the prospects of success for a potential claim against the Environment Agency
Michael has extensive experience in licensing matters. Michael has been instructed for multiple review and summary review hearings of premises licences, including high-profile reviews receiving local media coverage following allegations of stabbings and sexual assault.
Michael has also been instructed in licensing appeals for both appellants and licensing authorities. Michael is also instructed to appear in the High Court in relation to an appeal by way of case stated.
Michael is currently instructed as junior to Gerald Gouriet KC in the appeal against the judgment of Foster J in Uber Britannia Ltd v Sefton Borough Council [2023] EWHC 1975 (KB).
Michael has also appeared on behalf of individual objectors at licensing hearings and has successfully appeared on behalf of applicants for new premises licences, including an application for a new premises licence in a Cumulative Impact Zone.
Michael is currently seconded part-time to Westminster City Council as a legal advisor to the Licensing Sub-Committee.
Michael has written three articles which have been published in the Journal of Licensing on the principle of regularity, Sexual Entertainment Venues and the Public Sector Equality Duty.
Michael has a growing public law practice, and much of his planning and licensing work is closely related to public law matters such as:
- Procedural fairness
- The duty of candour
- The adequacy of reasons
- Whether a claim has become academic
- The Public Sector Equality Duty
- The court’s discretion to quash
- Protective costs orders
- The possibility of securing injunctive relief
Michael acted as junior counsel for National Highways Ltd in successful injunction proceedings relating to the Just Stop Oil protests on the M25. Michael is currently instructed in the ongoing committal proceedings and has gained experience of conducting cross-examination in the High Court.
Michael was also instructed as sole counsel in a four-day Town & Village Green non-statutory public inquiry which raised issues concerning highways and open spaces.
Michael has advised on how to set aside liability orders and has appeared in the Magistrates’ Courts in rating cases.
Michael has advised on a wide range of CIL matters, including securing liability orders, the availability of reliefs and exemptions and the calculation of CIL liability in relation to s73 permissions.
During pupillage Michael assisted on a wide range of rating and CIL matters, including written Advices on the scope of proposal principle and CIL education contributions.
- ‘Curing a breach of the public sector equality duty in the licensing context’, Journal of Licensing (November 2023)
- “The Principle of Regularity- some reflections”, Journal of Licensing (November 2022)
- “Sexual Entertainment Venues and the Public Sector Equality Duty” (with Jeremy Phillips KC), Journal of Licensing (July 2022)
- Drought Permits and Drought Orders, FTB Environmental Law Blog
- The Office for Environmental Protection: Strategy, Enforcement and early actions, FTB Environmental Law Blog
- Nature Recovery Green Paper: Protected Sites and Species, FTB Environmental Law Blog
- R (Richards) v Environment Agency [2022] EWCA Civ 26: A Return to Normalcy, FTB Environmental Law Blog
- Michael Beloff Essay: "Judicial Review Reform: The Government Response to the Independent Review of Administrative Law", Gray's Inn Student Law Journal.
- Planning and Environment Bar Association
- Bar Professional Training Course. Distinction
- GDL, Oxford Brookes University. Distinction
- MA History, The University of Chicago. 4.0 GPA
- MSt History, New College, University of Oxford. Distinction
- BA History, New College, University of Oxford. First in Finals and Distinction in First Year Examinations
- Residential Scholarship, Gray's Inn
- Prince of Wales Scholarship, Gray's Inn
- Michael Beloff Essay Prize
- City Law School Scholarship for Academic Excellence
- Tatjana Finkelstein GDL Scholarship, Gray's Inn
- Neubauer Family Distinguished Doctoral Fellowship, University of Chicago
- Social Sciences Fellowship, University of Chicago
- New College Scholarship for performance in First Year Examinations
- Semi-finalist in the Gray's Inn Moot Competition
- Winner Oxford Brookes University internal mooting competition judged by Richard Benson KC.
- Represented Oxford Brookes University university in the ESU-ECC National Mooting Competition.
- Non-fiction Reader at The Chicago Review, September 2018-June 2019
- English Teacher, Benedict School, Carpi, Italy, September 2017-July 2018
- HR Assistant, Institute for Advanced Study, Princeton, NJ, USA, July-August 2015
- Research Assistant, Institute for Advanced Study, Princeton, NJ, USA, July-August 2014
Latest from Michael
15
Jul' 24Court of Appeal Allows Appeal in Uber Britannia Limited v Sefton Borough Council
The Court of Appeal has given judgment in the case of Uber Britannia Limited v Sefton Borough Council [2024] EWCA Civ 802, allowing the appeal against the judgment of Foster J in the High Court.
18
Dec' 23Entries open for Kingsland Cup and Prize Moot 2023-2024
Entries open for Kingsland Cup and Prize Moot 2023-2024
19
Dec' 22Entries Open for the Kingsland Cup and Prize Moot 2022-2023
We are pleased to announce that entries are now open for the 2022-2023 Kingsland Cup and Prize Moot.
10
Oct' 22FTB Announces Two New Tenants Michael Feeney and Mark O’Brien O’Reilly
FTB is delighted to announce that Michael Feeney and Mark O'Brien O'Reilly have both accepted invitations to join Chambers following successful completion of 12 month pupillages.
15
Feb' 23The Right Balance? First Environmental Targets Published
On 16 December 2022 DEFRA published the first environmental targets pursuant to the Environment Act 2021 [1]. The Environment Act requires that at least one ‘long-term’ target is set for each of the four priority areas: air, water, biodiversity and resource efficiency and waste reduction [2].
16
Sep' 22Drought Permits and Drought Orders
After one of the driest summers on record, 11 of the 14 Environment Agency (“EA”) areas in England are now in drought. As the EA has explained on its website, this change in status ‘does not automatically trigger actions itself, but moving to drought status means that the Environment Agency and water companies will step up their actions to manage the impacts and press ahead with implementing the stages of their pre-agreed drought plans.’
12
Jul' 22The Office for Environmental Protection: Strategy, Enforcement and early actions
On June 23rd the Office for Environmental Protection (“OEP”) published its first Strategy and Enforcement Policy.
05
May' 22Nature Recovery Green Paper: Protected Sites and Species
In March 2022, DEFRA published a consultation paper entitled the Nature Recovery Green Paper: Protected Sites and Species (“the Green Paper”). The aim of the Green Paper is to propose and consult on reforms that are needed to meet the species target that will be introduced under the Environment Act 2021 and the government’s commitment to protect 30% of land and sea by 2030 (30 by 30).
Back to Barristers
30
Sep' 24FTB Annual Planning Forum (Hybrid)
Will the new Government’s proposed changes to the planning system, in particular to the NPPF and Standard Method, achieve a fundamental shift in housing delivery as claimed? Are you up to date with recent planning caselaw on these hot topics and how the proposed changes might affect this?
This seminar will analyse the proposed changes and the consultation responses to them focusing on:
- Housing Land Supply
- Green/Grey Belt
- Duty to Cooperate
- Case law update
As part of this seminar FTB is delighted to be hosting two key note speakers: Matthew Spry, Head of Lichfields London and Ian MacLeod, Director of Planning and Infrastructure at Malvern Hills and Wychavon District Council who will give their take on the proposed changes from the public and private perspectives.
Speakers from FTB analysing the proposed changes and their implications will include Morag Ellis KC, Mark Westmoreland Smith KC, Philip Petchey, Kate Olley, Annabel Graham Paul, Charles Merrett, Michael Feeney and Stephanie Bruce-Smith.
Suzanne Ornsby KC will chair the seminar.
Practical Information
Date: 30 September 2024.
Time: Registration from 1.30pm. Seminar from 2.00 - 5.30pm followed by a networking drinks reception until 6.30pm.
Venue: The Honourable Society of The Inner Temple, Crown Office Row, London, EC4Y 7HL and online via Zoom.
Cost: The cost for in person and virtual attendance is the same, £160 + VAT per attendee. 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. 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. Confirmation/s and invoice/s will be issued by Eventbrite after booking.
There are a limited number of free places for local authorities and government departments. Please contact Deirdre Mahon for further information.