Practice Profile
Stephanie has a busy practice across all of Chambers’ practice areas, including public, planning and environmental law. She regularly appears in court and at inquiries, both in her own right and as junior counsel.
Stephanie has experience acting for and advising a range clients including NGOs, central and local government, public bodies, developers, landowners and local residents.
She welcomes instructions across all of Chambers’ practice areas. In appropriate cases, Stephanie is happy to work on a pro-bono basis.
Stephanie is equally at home either as sole or junior counsel. She has experience representing claimants, defendants, interested parties and interveners and understands how best to tailor a case to the needs of each client.
Stephanie has particular experience in cases raising difficult points of public and international law, including principles of statutory interpretation and the application of human rights to environmental law claims.
Recent / significant cases include:
- Darwall v Dartmoor National Park Authority [2023] EWCA Civ 927 (For the Open Spaces Society, led by Richard Honey KC alongside Ned Westaway and Esther Drabkin-Reiter, successfully arguing that “open-air recreation” under the Dartmoor Commons Act 1985 includes wild camping)
- R(Parkes) v Dorset Council [2024] EWHC 1253 (Admin) (For the Secretary of State for Levelling Up, Housing and Communities, led by Richard Honey KC, which successfully established that the sea bed was not “land” under the Town and Country Planning Act 1990)
- R(Wesson, Chair of Friends of Mill Road Bridge) v Cambridgeshire County Council [2024] EWHC 1068 (Admin) (successfully defending the claimant against applications to strike out, summary judgment and security for costs in a challenge to a traffic regulation order)
- R(Gurajena and Benta v London Borough of Newham [2024] EWHC 1745 (Admin) (a case clarifying the meaning of “adjoining” under the DMPO and the requirement to reconsult following the amendment of plans as part of a planning application)
In addition to her court work, Stephanie regularly advises clients in these areas. Examples of public law issues arising as part of Stephanie’s practice include:
- The adequacy of reasons in the context of a statutory scheme requiring a statement of reasons;
- The procedural propriety of a decision-maker determining an issue that was common ground between parties to an appeal;
- Apparent bias in the context of a decision by a local authority;
- The scope of the duty of candour and the appropriateness of specific disclosure;
- Mistake of fact;
- The application of the Gunning principles; and
- The meaning and scope of the public sector equality duty.
Stephanie’s planning practice covers all areas of planning law, including judicial / statutory reviews and planning appeals.
Recent or significant planning cases include:
- R(Parkes) v Dorset Council [2024] EWHC 1253 (Admin) (for the Secretary of State for Levelling Up, Housing and Communities, led by Richard Honey KC and successfully establishing that the sea bed was not “land” under the Town and Country Planning Act 1990)
- R(Gurajena and Benta v London Borough of Newham [2024] EWHC 1745 (Admin) (a case clarifying the meaning of “adjoining” under the DMPO and the requirement to reconsult following the amendment of plans as part of a planning application)
Recent or significant planning appeals include:
- Land at the Former Animal Health Trust Research Centre, Kentford (2024) - represented Lochailort Kentford Ltd led by Douglas Edwards KC in a successful appeal against the refusal by West Suffolk Council to grant a certificate of lawful use
- 7-15 Blount Street, London (2024) - represented London Borough of Tower Hamlets at an appeal against the refusal of planning permission for purpose-built student accommodation
- Land to the north of Rosthwaite Farm, Windermere (2024) – represented the successful Lake District National Park Authority at an appeal against the refusal of planning permission for a farm diversification scheme.
- Land at New Oaks Farm, Ambleside (2023) - represented the successful Lake District National Park Authority at an enforcement inquiry concerning the alleged unlawful change of use of a caravan to residential use.
Stephanie has also advised on a range of planning-related issues, including:
- Enforcement of section 106 agreements;
- Local occupancy conditions;
- Failure to consult;
- Inconsistencies in approved drawings;
- The lawfulness of enforcement action taken by a local authority;
- The appropriate type of enforcement action;
- Legal risk in context of failures to comply with legislative procedural requirements;
- Planning enforcement where a development is partially complete;
- Costs.
Prior to becoming a barrister, Stephanie worked as a paralegal at a specialist planning law firm, where she gained exposure to a wide range of planning issues, assisting on advice in a range of areas and issues including:
- Implementation and interpretation of planning permissions;
- Permitted development rights;
- Material changes of use;
- Certificates of lawfulness (CLEUDs and CLOPUDs);
- Section 106 agreements; and
- Enforcement time limits and concealment.
Stephanie has a keen interest in the law relating to highways, commons and open spaces, with particular experience of common land and traffic regulations orders.
Recent or notable cases include:
- Darwall v Dartmoor National Park Authority [2023] EWCA Civ 927 (For the Open Spaces Society, led by Richard Honey KC alongside Ned Westaway and Esther Drabkin-Reiter, successfully arguing that “open-air recreation” under the Dartmoor Commons Act 1985 includes wild camping)
- R(Wesson, Chair of Friends of Mill Road Bridge) v Cambridgeshire County Council [2024] EWHC 1068 (Admin) (representing a local group of residents in an ongoing challenge to a traffic regulation order (‘TRO’) under the Road Traffic Regulation Act 1984)
During her pupillage with Francis Taylor Building (2022-23), Stephanie also assisted her pupil supervisors in these areas, including:
- The interpretation of “neighbourhood” in the context of a challenge to the de-registration of a town and village green;
- The diversion of bridleways under the Transport and Works Act 1992; and
- The nature and scope of obligations to maintain a bridge under a local Act of Parliament.
Stephanie has a particular interest in environmental law and is developing a practice in this area.
She is currently involved in ongoing climate change proceedings involving the overlap between human rights and environmental law.
During her pupillage at Francis Taylor Building, Stephanie gained exposure to environmental issues arising in the context of judicial review challenges to planning and infrastructure decisions. She has also assisted Ned Westaway on several environmental law matters including a challenge in relation to the nature and scope of riparian rights and on the interpretation of animal welfare regulations.
Stephanie writes and speaks on various environmental law issues as part of her regular contributions to the FTB Environmental Law Blog and FTB’s Quarterly Environmental Law update. Topics include:
- The overlap between human rights and environmental law;
- Changes to existing habitats protections in the Levelling Up and Regeneration Act 2023 and the Energy Act 2023; and
- Specific disclosure in environmental cases.
Stephanie is a member of UKELA’s Marine Working Party.
Stephanie has a growing practice in this area, following the completion of pupillage under the supervision of Rebecca Clutten.
Recent instructions include:
- Promoting a scheme involving the compulsory purchase of land to facilitate the realignment of a highway, led by Rebecca Clutten;
- Objecting to a scheme, led by Annabel Graham Paul;
- Representing an acquiring authority in a compensation claim, led by Richard Honey KC.
Stephanie also assisted with a range of compulsory purchase and compensation matters during her pupillage under the supervision of Rebecca Clutten. These included researching points of law and assisting with the legal review of documents in preparation for a CPO.
Stephanie 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.
Stephanie has been instructed on several matters involving the non-payment of business rates and advising on an appeal to the Valuation Tribunal England on a Council Tax matter.
During her pupillage at Francis Tayor Building, Stephanie assisted on a range of rating matters under the supervision of Hugh Flanagan, including assisting with advice on the plant and machinery regulations and researching the scope of the public religious worship exemption.
- The University of Law, BPC (very competent) (2021)
- University of Oxford, BA Law (Jurisprudence) (First) (2020)
- University College London & SciencesPo Paris, BA European Social and Political Studies: Dual Degree (First) (2016)
- Mistress of Moots, The University of Law
- Wilfred Watson Scholarship, Gray's Inn
- Exhibitioner, Merton College, Oxford
- Fowler Prizes for performance in internal examinations, Merton College, Oxford
- Allen & Overy Second Year Law Prize, Merton College, Oxford
- Sessional Prize, University College London
- Winner UKELA Lord Slynn of Hadley (Senior) Moot (2021)
- Winner HSF Disability Mooting Championship: Oxford v Cambridge (2019)
- Quarterfinalist at the international rounds of the Price Media Law Moot Court, representing University of Oxford (2018-19)
Prior to commencing pupillage, Stephanie worked as a paralegal at Town Legal LLP, researching and assisting with the drafting of advice on planning issues including:
- Implementation of planning permissions;
- Interpretation of a planning permission;
- Permitted Development rights;
- Changes of use;
- Enforcement time limits.
While at Town Legal, Stephanie also worked on two enforcement appeals and a related judicial review challenge, gaining considerable experience in this area.
- Planning and Environmental Bar Association (PEBA)
- Administrative Law Bar Association (ALBA)
- UK Environmental Law Association (UKELA)
- Specific Disclosure of Ministerial Submissions: the Cumbria Coalmine Case, FTB Environmental Law Blog, 20 February 2024
- Habitats Protections Under Fire: Part 2 – The Energy Act 2023, FTB Environmental Law Blog, 20 December 2023
- Habitats Protections Under Fire: Part 1 – the Levelling-Up and Regeneration Act 2023, FTB Environmental Law Blog, 1 December 2023
- Darwall v Dartmoor: open-air recreation re-defined?, FTB Environmental Law Blog, 21 March 2023
- Torres Strait Islanders Decision: Admissibility, Article 6 and Adaptation, FTB Environmental Law Blog, 19 January 2023
- Book review “Dina Lupin Townsend: Human Dignity and the Adjudication of Environmental Law”, (2020) 121 UKELA E-Law 21
- ‘Open Doors and How to Shut Them: Omissions Liability for Public Authorities’ (2020) 9 OUULJ 55
Latest from Stephanie
14
Oct' 24Permission Granted on Lidl Appeal for Class E Discount Foodstore in Tring
An Inspector has granted permission on appeal for the erection of a Class E discount foodstore with associated car parking, landscaping, engineering and drainage works at land at Icknield Way and Sears Drive, Tring.
02
Sep' 24Open Spaces Society Granted Permission to Intervene in Supreme Court Wild Camping Appeal
The Supreme Court has granted the Open Spaces Society (OSS) permission to intervene in the upcoming appeal of the decision of the Court of Appeal in Darwall v Dartmoor National Park Authority [2023] EWCA Civ 927.
16
Jul' 24Inspector Dismisses Appeal Relating to Farm Diversification Scheme in the Lake District National Park
An inspector has dismissed an appeal against the refusal of planning permission for a farm diversification scheme comprising the siting of lodge-style caravans for holiday use and associated works in the Lake District National Park.
19
Jun' 24Four Members of Chambers Included in Advocate’s Inaugural Pro Bono Recognition List of England and Wales
Chambers is delighted that Jeremy Phillips KC, Richard Honey KC, Charles Forrest and Stephanie Bruce-Smith have all been included in Advocate’s Inaugural Pro Bono Recognition List of England and Wales in recognition of their dedication to providing pro bono services.
20
Feb' 24Specific Disclosure of Ministerial Submissions: the Cumbria Coalmine Case
When is specific disclosure of ministerial submissions appropriate in the context of a section 288 appeal? This was the question with which the court had to grapple in Friends of the Earth Ltd v SSLUHC and others [2023] EWHC 3255 (KB).
20
Dec' 23Habitats Protections Under Fire: Part 2 – The Energy Act 2023
On 26th October 2023, the Levelling Up and Regeneration Act 2023 and the Energy Act 2023 received royal assent.[1] Both Acts will implement significant changes to existing environmental law or include powers to do this by way of regulations. In particular, their enactment is likely to result in changes to existing protection under the Conservation of Habitats and Species Regulations 2017 (the ‘Habitats Regulations 2017’).
01
Dec' 23Habitats Protections Under Fire: Part 1 – the Levelling-Up and Regeneration Act 2023
On 26th October 2023, the Levelling Up and Regeneration Act 2023 and the Energy Act 2023 received royal assent. Both Acts will implement significant changes to existing environmental law or include powers to do this by way of regulations.
21
Mar' 23Darwall v Dartmoor: open-air recreation re-defined?
On 13 January 2023, the High Court held that the right to access Dartmoor Commons for ‘open-air recreation’ under the Dartmoor Commons Act 1985 did not include a right to camp there overnight. Many, including the National Parks Authority for Dartmoor (“the DNPA”), had long considered that such a right existed.
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