Practice Summary

Gwion Lewis was called to the Bar in 2005 and specialises in planning, environmental, public and language law. He has a particular interest in the human rights and EU law aspects of these areas. 

He has appeared as an advocate at all levels up to the Court of Appeal, and has extensive experience of planning inquiries. Gwion has also worked on litigation before the European Court of Justice and was part of the team of Landmark counsel that promoted the Crossrail Bill in Parliament. Since February 2009, he has been a member of both the Welsh Assembly Government's Panel of Junior Counsel and the Attorney General's 'C' Panel of Junior Counsel. In April 2009, the annual Planning Magazine Legal Survey named him as the second highest rated planning barrister in England and Wales under the age of 35.

Details of his most significant cases and inquiries can be found by clicking on the links above.

Planning Law

Gwion advises on all aspects of planning and compulsory purchase law and he appears regularly in inquiries, hearings and in court in this area. In the last 12 months, he has advised several high-profile clients on their planning applications and appeals, including Toni & Guy, Mayfair's Dorchester Hotel, JCDecaux and Andrew Lloyd Webber's Really Useful Group. Gwion is also regularly instructed by local authorities, regional bodies and community organisations across England and Wales on planning matters, particularly where they give rise to issues in public law, environmental law or human rights. Cases involving the gypsy and traveller community currently feature heavily in his practice. Other recent/ongoing work includes:

• RAF Upper Heyford, Oxfordshire: Defending the refusal of permission by Oxfordshire County Council and Cherwell District for some 1075 houses and related development on the site of the largest remaining Cold War airbase in the UK (with Graeme Keen);
• Dunlop Latex Foam Ltd, Yorkshire: Defending the refusal of permission by Harrogate Borough Council for the conversion of some 7 hectares of employment land outside Harrogate to a mixed-use development of 200 houses and office space (with David Elvin QC);
• Toni & Guy Ltd v. London Borough of Hammersmith and Fulham: Representing the Fulham franchise of the salon chain in its appeal to the High Court against a visual amenity notice;
• Pennoxstone Court: Representing a soft fruit producer in Herefordshire in his appeal against an enforcement notice seeking the removal of polytunnels (with David Elvin QC);
• Westway Development Trust: Representing JCDecaux and the Westway Development Trust in their appeal against the refusal of planning permission for 3 innovative advertising towers in the Borough of Kensington & Chelsea.

Environmental Law

Gwion has a substantial environmental practice and is an Assistant Director of the Landmark Chambers Centre for Environmental Law.

As a member of the Counsel team that successfully promoted the £13 billion Crossrail scheme in Parliament, Gwion advised the government on a broad range of environmental issues, including those relating to environmental impact assessment, noise, habitats and species protection, waterways management and access to environmental information. He continues to advise local authorities, developers and individuals on these matters and has particular expertise in commenting on the adequacy of environmental statements prior to the submission of planning applications for major developments.

Gwion has a keen interest in flooding law and has advised several gypsy organizations and local authorities on the current national planning policy, PPS25: Development and Flood Risk. He also appears frequently in environmental prosecutions across the country. Recent/ongoing work in the environmental arena includes:

• Friends of the Earth: Advising the NGO on public procurement issues in relation to several waste processing sites in central England.
• Polytunnels in an AONB: Advising a group of residents on the merits of seeking a judicial review on procedural grounds following the grant of permission for a large strawberry farm in an Area of Outstanding Natural Beauty.
• Cavick House Farm, Wymondham: Representing the appellant in his appeal against the refusal of permission for the residential conversion of a coach house. The Council alleged, unsuccessfully, that odours from a neighbouring pig farm would impact unacceptably on the amenities of the new development.
• Garson Lane Farm, Wraysbury: Representing the appellant in her appeal against the refusal of planning permission for a stud farm in the Green Belt because of a high flood risk.

Public Law

Public law is at the heart of Gwion's practice, building on his two postgraduate qualifications in this area from the universities of Oxford and New York, and more recently, his appointment as a Visiting Scholar in Public Law at the European University Institute in Florence.

Gwion's long-term involvement with the Crossrail project has meant that he has advised central government on the various public law issues that arise on a project of this scale. These include, in addition to the planning and environmental aspects of the scheme, issues arising in land compensation, regulation, public procurement, equality and discrimination law, highways law, disability rights and access to information. His Parliamentary experience continued when he was instructed by all 32 London Boroughs to promote several contentious clauses of the London Local Authorities Bill 2008 before the Opposed Bill Committee (with Nathalie Lieven QC and Patrick Clarkson QC).

Gwion also has a keen interest in education law and has experience of all types of appeals, particularly exclusion appeals and those involving claims of discrimination. Social security law is also a mainstay of his practice and his regular clients include the Child Support Agency. Recent/ongoing work in the public law field includes:

• Benning v. South Gloucestershire Council: Representing the appellant in the Court of Appeal in a case on the interaction between the housing benefit regime and orders for financial provision under the Children Act 1989;
• Jabang v Transport for London: Defending TfL in the High Court against several claims of maladministration and abuse of power in its operation of the congestion charge scheme;
• Ibrahim Mounhal v Home Secretary: Representing the appellant in his appeal against deportation on the grounds of human rights abuses in Sudan;
• SS Robin Trust: Advising the Department for Transport on negotiations to relocate the oldest complete steamship in the world during the construction of the Crossrail scheme.

Language Law

Gwion has a long-standing interest in language law and in 2008 published his first book, Hawl ir Gymraeg (The Right to Welsh). The book discusses the provision made for lesser-used languages in UK, US and EU law and argues that the system of Welsh language schemes for the public sector in Wales should be jettisoned in favour of a rights-based approach that also embraces the private sector. Gwion regularly gives lectures and seminars on language law and related matters across the UK, the US and Europe and his clients range from individuals and charities to larger organisations in both the public and private sectors. Whilst he advises primarily in relation to the Welsh language, he has also advised South Asian organizations in London and New York on the use of their languages by the public sector. Recent/ongoing work in this area includes:

• Affordable housing and Welsh: Advising several developers in Wales on the lawfulness of affordable housing schemes that give priority to Welsh speakers in certain areas;
• dotCYM: Advising the dotCYM campaign, which seeks recognition of a new .cym internet domain name for Wales;
• Welsh Language Measure/LCO: Advising the Welsh Language Society on the proposed Welsh Language Measure that is soon to be the subject of an application for a legislative competence order (LCO) to the House of Lords. If granted, the LCO would transfer primary legislative power over the Welsh language from Westminster to Cardiff Bay.