Practice Summary

John was called to the Bar in 1989 and appointed Queen’s Counsel in 2010. He is also called to the Hong Kong Bar (1990) and holds a full practicing certificate allowing him to practice in all Hong Kong courts without the need for ad hoc admission.

He specialises in planning & environmental law, compulsory purchase & compensation, highways and administrative law including related human rights aspects.

He appears frequently in court and at inquiries at all levels and in tribunals (including the Lands Tribunal) in England & Wales for a range of clients from the private and public sectors (including the UK and Hong Kong Governments). His entries in the main directories include Legal 500 Chambers & Partners where he is described as “a forceful advisor particularly adept at litigation” (2008) and “down-to-earth, thorough and mature” (2009) and “prized for his deft court-room abilities and understanding of the CPO regime” (2009). He is consistently rated in the top planning barristers in Planning Magazine’s annual survey.

John also practices in Hong Kong and has appeared in the High Court, Court of Appeal and Lands Tribunal on behalf of both the Hong Kong Government and the private sector on a range of public law, planning and rating cases.

Work

John has appeared at inquiries into development including retail (food and non-food), town centre mixed use schemes, healthcare facilities, householder development, housing, hotel development in the countryside, hostels, immigration appeal centres, football stadia, distribution warehousing, and motorway service areas. His planning work includes infrastructure development including strategic rail freight interchanges and major highway improvement schemes. He advises on environmental issues including environmental impact assessment, strategic environmental assessment and habitats assessment.

He advises on compulsory purchase and compensation issues and promotes CPOs through public inquiries for development schemes including town centre redevelopments and housing market renewal schemes. Whilst a member of the A Panel, John has appeared on behalf of the Government on numerous statutory challenges and claims for judicial review in the planning, environmental, compulsory purchase fields in addition to acting for clients from the private sector. He has been appointed as an amicus to the Court a number of times. He has also appeared and advised on a wide range of other administrative law and local government matters. Recently he has advised and appeared in complex rating matters.

Work in 2009 included acting for AXA at a 10 week planning inquiry promoting Kent International Gateway (a strategic rail freight interchange and national distribution centre) and for the Highways Agency at a road & CPO inquiry promoting a £100m road improvement scheme to the A23. He also appeared at a CPO inquiry on behalf of the local authority and Tesco to acquire land for development including a superstore. In the High Court and Court of Appeal he acted for the Government in Stamford Chamber of Trade v SSCLG, Enertrag UK Ltd v SSCLG, St Albans DC v SSCLG, Dudley MBC v SSCLG and Mortell v SSCLG. He advised the Government on challenges to the South East Plan, in relation to national defence concerns relating to a windfarm development and on the environmental appraisal aspects of the nuclear National Policy Statement. He also advised on the application of the Critchel Down rules, compensation claims arising from the acquisition of land for the Channel Tunnel Rail Link and applications for the registration of land as a town or village green.

In the environmental field he advised the Government on the strategic environmental assessment of plans and the Environment Agency on an appeal against the revocation of a greenhouse gas emissions permit in addition to planning related environmental impact and habitat assessments.

In Hong Kong he acted for Anderson Asphalt in its claim for judicial review against the Lands Department’s decision to grant short term waivers. In addition, he advised on an appeal to the Town Planning Appeal Board.

Work in 2010 in England includes promoting the A21 Tonbridge to Pembury road improvement scheme through inquiry (July), acting for the Secretary of State in further challenges to the East of England Plan (July) and an appeal to the Court of Appeal in Stamford Chamber of Trade v SSCLG (May). He will also be appearing in the High Court (May) on behalf of the successful developer defending a challenge to the grant of planning permission by the Secretary of State (John also appeared in 2008 at the call-in inquiry into the planning application for large distribution warehousing). He is advising and acting for a local authority in relation to a claim of negligence and misfeasance in public office which likely to go to trial at the end of the year. 

In Hong Kong in 2010 he has appeared for Anderson Asphalt in the Court of Appeal (appeal against dismissal of claim for judicial review) (January) and in the Hong Kong Land’s Tribunal for China Light and Power (complex rating appeal against the Hong Kong Government) (February/March and ongoing). Later this year (October) he will appear for the Hong Kong Government in the Court of Appeal on an appeal against the Land’s Tribunal’s decision in Best Origin Ltd v Commissioner for Rating and Valuation (appeal against assessment for Government rent). He is also advising on an appeal to the Town Planning Appeal Board likely to be heard at the beginning of next year.