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Anjoli Foster

Anjoli Foster

YEAR OF CALL 2014afoster@landmarkchambers.co.uk

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Anjoli has a broad practice and accepts instructions in all areas of Chambers’ work.

Planning and Environmental Law

Anjoli is currently ranked as one of the top juniors under 35 in the 2018 Planning Magazine's Planning Law Survey. She has a wide-ranging planning and environmental practice, and her clients include local authorities, developers, environmental groups and individuals.

Recent court work includes:

  • Acting as sole counsel in the High Court in Benson v Secretary of State for Communities and Local Government [2018] EWHC 700 (Admin), which is one of the rare cases where the Court has ordered that cross-examination of a Planning Inspector take place.
  • Appearing regularly as sole counsel in the High Court in claims for interim injunctions and final injunctions to restrain breaches of planning control.
  • Acted in Chesterton Commercial (Bucks) Limited v Wokingham District Council [2018] EWHC 1795 (Admin) (led by Sasha White QC), which concerned the scope of a local authority’s power to decline to determine planning applications under section 70C of the Town and Country Planning Act 1990.
  • Appeared in Abbot’s Ride Land Limited v Surrey County Council and Wates Developments Limited [2018] (with Tim Mould QC). This was a trial into whether land formed part of the public highway; the result of which affected the likelihood of a housing development coming forward.
  • Acting in an environmental law judicial review (as junior to David Forsdick QC).
  • Regularly representing parties in the Magistrates Court in relation to prosecutions for failure to comply with enforcement notices and environmental offences.

Her recent public inquiry work includes:

  • Instructed jointly with Sasha White QC, in an inquiry concerning a large housing scheme in Cornwall, which  raised numerous issues, including housing land supply, flooding and landscape impacts. 
  • Appearing in an appeal (led by Christopher Katkowski QC) in respect of a housing scheme in Norfolk, concerning ecology and townscape issues.
  • Instructed with Sasha White QC, in an inquiry into an appeal against a listed building enforcement notice in Kensington and Chelsea, which raised matters relating to conservation and heritage.
  • Acting in an appeal concerning a large residential scheme in Northumberland. One of the main issues was five-year housing land supply and the recent withdrawal of the Council’s Core Strategy.
  • Appearing as sole counsel in an appeal against a planning enforcement notice, which related to the time limits on enforcement action and deliberate concealment.
  • Acting as sole counsel in a joint appeal against a refusal of a certificate of lawful use and issue of an enforcement notice, relating to material changes of use and harm to the Green Belt.
  • Instructed to appear in an upcoming inquiry relating to a proposal for housing within the setting of a well-known listed building.

Anjoli also advises on all aspects of planning law, which has recently included issues such as: compensation under the Land Compensation Act 1973 and the Compulsory Purchase Act 1965, prospective judicial review challenges to Local Plans, the community infrastructure levy, interpretation of local plan policy and the use of masterplanning, enforceability of planning conditions and changes in planning units.

Anjoli has given talks and provided training on various planning law topics. She has also previously worked at the Law Commission on the simplification and consolidation of planning law in Wales, which is an ongoing project commissioned by the Welsh Government. 

Property Law

Anjoli has a busy property practice. Recent advocacy work includes:

  • Appearing in the High Court on behalf of a local authority in a case concerning the provision of accommodation by a private landlord and local authority
  • Representing a landlord in a fast track trial before the County Court in a claim for possession on the basis of rent arrears and a counterclaim for disrepair.
  • Acting for a landlord in a trial concerning possession on the basis of mortgage arrears and a contractual dispute about interest. 
  • Appearing in summary judgement proceedings in relation to a claim concerning adverse possession and common land.
  • Appearing in the County Court in relation to possession proceedings, boundary disputes, access to neighbouring land orders, final charging orders, forfeiture proceedings and lease extensions.

She also advises on a wide range of property matters. These have included matters in relation to the interpretation and enforceability of covenants (with Katharine Holland QC), the Electronic Communications Code, business leases, forfeiture and schemes of development. 

Public Law

Anjoli accepts instructions in all areas of public law. Recent examples of her work include:

  • Acting as sole counsel for the claimant in MO (by her litigation friend AF) v Sandwell Metropolitan Borough Council (CO/6144/2016); a judicial review challenge to a local authority’s assessment of need under section 17 of the Children Act 1989.
  • Acting as a junior to James Maurici QC in a matter relating to coroners’ inquests and the duty to investigate deaths under Article 2 of the European Convention on Human Rights.
  • Representing an employer in an appeal against a fine imposed under the Immigration, Asylum and Nationality Act 2006 for employing a person without leave to remain in the UK.
  • Regularly representing appellants in the First-Tier Tribunal (Immigration and Asylum Chamber) in appeals against refusals of applications for leave to remain in the UK, both on human rights and asylum grounds.
  • Applying for bail in the First-Tier Tribunal (Immigration and Asylum Chamber) on behalf of those subject to immigration detention.

Anjoli also regularly drafts Grounds of Defence for the Home Office and has acted pro bono through the Bar Pro Bono Unit.