Michael Feeney

Call: 2021  
Public Access
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 the successful local planning authority at a planning appeal raising issues concerning the existing lawful use of a 9-storey building and marketing requirements for the loss of office floor space (see APP/3347264).
  • Sole counsel on behalf of a local planning authority at a two-day combined planning and enforcement inquiry raising issues relating to the implementation of planning permissions and fallback positions.
  • Sole counsel on behalf of the successful 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 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.
  • Junior counsel to Gregory Jones K.C. for the Appellant in a combined enforcement and planning inquiry in relation to a minerals site.
  • 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, the Environmental Impact Assessment Directive, 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 Craig Howell Williams K.C. in Tesco Stores Ltd v Reigate & Banstead BC [2024] EWHC 2327 (Admin), a case concerning the approach to heritage harm to a listed building, the appropriate standard of reasons when a committee departs from an officer’s recommendation and the use of committee transcripts in judicial review challenges.
  • Sole counsel on behalf of an objector securing a quashing order by consent at the pre-action stage for failure to comply with the Environmental Impact Assessment Directive.
  • 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. 
  • Sole counsel on behalf of a local planning authority defending a claim categorised as a Significant Planning Claim.
  • 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 Directive 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
  • The implications of the Supreme Court’s judgment in Hillside for both developers and local authorities
  • Prospects of success for potential challenges to appeal decisions
  • Prospects of success for appealing against Enforcement Notices
  • The implications of the Supreme Court’s judgment in Finch
  • The interpretation of the Community Infrastructure Levy Regulations 2010
  • Enforcing section 106 agreements
  • The adoption and content of Supplementary Planning Documents
  • Whether certain works require planning permission
  • Part 8 claim procedure
  • 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. Much of Michael’s planning work raises environmental issues, particularly in relation to the Environmental Impact Assessment Directive.

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 has also appeared as sole counsel in the High Court in relation to an appeal by way of case stated and was instructed as junior counsel in the Court of Appeal in Uber Britannia Limited v Sefton Borough Council [2024] EWCA Civ 802. Michael is also instructed as junior counsel for the Supreme Court hearing.

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 is on the editorial board of the Journal of Licensing and 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, environmental 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
  • Prematurity
  • 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 was instructed in the subsequent 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 also appeared on behalf of a successful Appellant in the Valuation Tribunal on a Council Tax liability appeal.

Michael has advised on a wide range of CIL matters, including securing liability orders, the availability of reliefs and exemptions, the calculation of CIL liability in relation to s73 permissions, the indexation of CIL and the interaction between CIL and permitted development rights.

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.

  • Bar Professional Training Course, Distinction  
  • Graduate Diploma in Law, 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
  • 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

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Latest from Michael
03
Dec' 24
Appeal Concerning 9-Storey Former Passport Office Dismissed

Planning permission was sought to change the use of the 9-storey former passport office at Globe House to a hotel and flexible Class E use on the ground floor. 

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05
Nov' 24
Planning Permission for Soil Storage Facility Quashed for Breaches of EIA Regulations

Planning permission for a soil storage facility in Somerset has been quashed by consent in the High Court for breaches of the Town and Country Planning (Environmental Impact Assessment ) Regulations 2017.

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16
Sep' 24
New Judgment on Heritage and Committee Debates

Judgment has been handed down in Tesco Stores Ltd v Reigate & Banstead BC [2024] EWHC 2327 (Admin). 

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15
Jul' 24
Court 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. 

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15
Feb' 23
The 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].  

 

 

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16
Sep' 22
Drought 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.’

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05
May' 22
Nature 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).

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Back to Barristers

04
Jun' 25
Judicial Review Costs and Procedure Update

This webinar will provide an update on costs in judicial review and practice and procedure points for those involved in public law litigation. 

Chair: Stephanie Bruce-Smith
Speakers: Michael Feeney, Armin Solimani

Practical Details

Date: 4 June 2025
Time: 1-2pm
Venue: Online via Zoom
Cost: There is no charge to attend but places must be booked in advance using the booking link below. Confirmation details will be sent to registered attendees by Zoom.

Book Here