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Leon Glenister

Leon Glenister

YEAR OF CALL 2011LGlenister@landmarkchambers.co.uk

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Planning and Environmental

Leon acts in planning and environmental matters particularly where there is a public law or housing element. 

He regularly appears in High Court planning challenges. He acted in Oates v Secretary of State for Communities and Local Government [2017] EWHC 2716 (Admin) which gave new guidance on the nullity/invalidity distinction in enforcement notices, and also dealt with the definition of “new building” in the context of conversions (this case is due to be heard shortly in the Court of Appeal). 

He also recently appeared in R (North Norfolk District Council) v SSHCLG [2018] EWHC 2076 (Admin), where the Administrative Court gave guidance on how PINS decides what mode of determination to adopt where a planning appeal decision has been quashed following an inquiry. 

He represented the developer in Mendoza v Secretary of State for Communities and Local Government, a section 288 appeal in respect of the conversion of the upstairs of a pub to flats, which was conceded following the grant of permission. 

He regularly provides advice on High Court challenges, and has also appeared at permission hearings including successfully resisting permission in Bartlett Total Build v Secretary of State for Communities and Local Government concerning the point at which intensification of use constitutes a change of use; and has recently appeared in the Court of Appeal on an interim application in Lakeminster Ltd v East Riding Councilan appeal on the use of a strike out in a section 288 application.

He has experience of compulsory purchase orders, acting for the Secretary of State in an appeal against an Inspector’s confirmation of an CPO in Aziz v Secretary of State for Housing, Communities and Local Government.

He also appears at inquiries. Most recently, he successfully appeared for a local authority in relation to its refusal to discharge a planning obligation where a lawful development certificate had been granted.

He often acts in cases which involve a crossover with housing matters. For example, he acted for residents of the Cressingham Gardens Estate in challenging the Council’s decision to demolish and regenerate the Estate. This led to two multi-day judicial review challenges: R (Plant) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) and R (Bokrosova) v London Borough of Lambeth [2015] EWHC 3386 (Admin); [2016] P.T.S.R. 355; [2016] HLR 10. He has advised in various other disputes about Councils’ duties in relation to regeneration of housing estates.  

He has advised on many points arising from planning developments, particularly where that has a public or property law angle. For example he advised on various planning issues arising from the development of Walthamstow Stadium, a £50 million redevelopment, and has advised on rights of way in relation to a proposed retail development. 


Highways

Leon acts where there are issues relating to highways. For example he recently advised a local authority on a new parking scheme where there was a conflict with existing Traffic Regulation Orders; he has advised on whether the Council or police were able to prevent a bridge being used for heavy goods to be delivered; and has acted in an Upper Tribunal referral pursuant to the Land Acquisition Act 1973 in relation to compensation due following the widening of the M25.