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Planning

Inquiries

Dan represented the London Borough of Islington in the Parkhurst Road inquiry (decision 19 June 2017) in which the Council successfully argued that the developer’s affordable housing offer was insufficient. This is a leading case on the approach to benchmark land value in affordable housing viability assessments.

Knockholt Station yard – acted for waste transfer station successfully obtaining planning permission for the continued operation of a waste transfer station on a site within the green belt.

Pentonville Road – acted for LB Islington successfully opposing the redevelopment proposal on the grounds of its impact on neighbouring properties on daylight and sunlight grounds.

Former Moorfields School – acted for LB Islington successfully opposing a redevelopment proposal on grounds including its impact on the heritage asset, Bunhill Fields.

Cambridge Argos – secured consent for mezzanine expansion to out of centre store

Michael Shanly Homes – secured various consent for housing schemes, secured award of costs against local planning authority for seeking unreasonable s.106 contributions

Represented London Boroughs of Islington, Southwark, Lewisham, Lambeth, Waltham Forest, Hounslow, and Richmond at planning inquiries for mixed use schemes within London – examples include Canada Water site E and Mulberry Business Park (resisted mixed use schemes), 185 Park Street – resisted tall building adjacent to Tate Modern, resisted modification of s.106 agreement in respect of railway link bridge in Walthamstow, represented LB Islington in respect of redevelopment proposals in respect of the Turnmills site in Clerkenwell.

Recent experience of inquiries involving brownfield housing sites, listed building and conservation issues, affordable housing viability, noise, trees, contentious s.106 contributions, waste, sheltered housing for the elderly, student accommodation, country houses, telecommunications masts, enforcement, gypsy sites and travelling showmen’s winter quarters.

Strategic Advice

Dan has given strategic advice to the Mayor of London, LB Southwark and the government in respect of a number of high profile planning policy issues. He also advised the Airports Commission throughout its process from 2013 to its final report in 2015.

High Court Planning cases

Broadview Energy Developments Ltd v Secretary of State for Communities and Local Government [2016] EWCA Civ 562 – acting for the Secretary of State successfully defending apparent bias challenged based on contact between local MP and minister in parliament. The case gives leading guidance on how MPs should conduct themselves in lobbying on behalf of their constituents.

Aldergate Properties Ltd v Mansfield DC [2016] EWHC 1670 (Admin) – represented Claimant in successful judicial review challenge to the planning authority’s approach to the sequential test for retail development.

R. (on the application of Spitalfields Historic Trust Ltd) v Mayor of London[2016] EWHC 1006 (Admin) – acted for the Mayor of London in successful defence of the first challenge to the exercise of his powers to act as local planning authority.

R. (on the application of Nicholson) v Allerdale BC [2015] EWHC 2510 (Admin) – represented the Claimant in challenge to noise conditions imposed in motor sport testing planning permission.

R. (on the application of Powell) v Brighton Marina Co Ltd [2015] EWCA Civ 650 acted for Defendants (led by Richard Drabble QC) successfully defending judicial review claim (at first instance and in the Court of Appeal) concerning the redevelopment of Brighton Marina.

Turner v Secretary of State for Communities and Local Government [2015] EWCA Civ 582 – acting for the Secretary of State in his successful defence (at first instance and in the Court of Appeal) of challenge to the redevelopment of the Shell Centre which alleged apparent bias in the way that the planning Inspector had conducted the planning inquiry.

Ecotricity (Next Generation) Ltd v Secretary of State for Communities and Local Government [2015] EWCA Civ 657 – acting for the Secretary of State in successful defence of challenge to wind turbine development at first instance and in the Court of Appeal.

Battersea Park Action Group – represented residents group in judicial review challenge concerning the future of Formula E event at Battersea Park.

Arsenal Football Club Plc v Secretary of State for Communities and Local Government [2014] EWHC 2620 (Admin) – represented Arsenal in High Court planning challenge relating to concerns at the Emirates Stadium.

R (on the application of Trashorfield Ltd) v Bristol City Council [2014] EWHC 757 (Admin) – represented for local action group challenging redevelopment of current Bristol Rovers stadium as supermarket.

R (Ashley) v Secretary of State for Communities and Local Government [2012] EWCA 559 – acted for the Claimant who succeeded in the Court of Appeal in contending that the planning Inspectorate had breached the principles of natural justice in determining a planning appeal by written representations in circumstances which gave him no opportunity to comment upon expert noise evidence which had been adduced by the developer.

R (Halebank Parish Council) v Halton Borough Council  [2012] EWHC 1889 – acting for the Parish Council in their successful judicial review challenge to Halton BC’s grant of planning permission for a large warehouse (for Amazon). The Parish Council also succeeded in their argument that they were entitled to a protective costs order in these proceedings.

R (Sellars) v Basingstoke and Deane Borough Council [2013] EWHC 5673 (Admin) – acted for claimants successfully challenging by way of judicial review the grant of a certificate of lawfulness in respect of the flying of model aircrafts.

Stadium Holdings (No 2) Limited v Secretary of State for Communities and Local Government [2013] EWHC 3548 (Admin) – acted for the Claimant in its successful s.288 challenge to enforcement action against an advertising display.

Kensington and Chelsea RBC v of State for Communities and Local Government [2010] EWCA 1466 – acted for the developer who succeeded in the Court of Appeal in upholding an Inspector’s approach to viability in granting planning permission for residential development without a contribution to affordable housing. The Secretary of State had conceded the claim but the grant of planning permission was restored by the Court of Appeal. 

Islington LBC v Secretary of State for Communities and Local Government [2014] EWHC (Admin) – acted for successful developer resisting challenge brought by the claimant to the grant of planning permission for the redevelopment of the public house, The Good Intent.

R (Gray) v LB Southwark  [2012] EWCA Civ 1738 – acted for Southwark in the High Court and Court of Appeal successfully resisting the claimant’s challenge to the grant of permission for the redevelopment of London Bridge station.

R (Godfrey) v LB Southwark [2012] EWCA 500  - acted for Southwark in the High Court and Court of Appeal to their successful defence of this challenge  to the redevelopment of a site at Canada Water. This is a leading case on the limited scope for legitimate expectations in planning cases.

Hertfordshire County Council v Secretary of State for Communities and Local Government [2012] EWCA Civ 1473 acting for the Secretary of State in the Court of Appeal and High Court successfully defending the Inspector’s decision that there had been no breach of planning control due to the intensification of activity at a scrap yard.

Williams v Secretary of State for Communities and Local Government  [2013] EWCA Civ 958 – acting for Secretary of State successfully defending in the Court of Appeal an Inspector’s decision requiring the demolition of an agricultural building erected in breach of planning control.

Aston v State for Communities and Local Government  [2013] EWHC 1936 – represented the Secretary of State successfully defending this s.288 challenge to the lawfulness of the EIA screening process and other grounds.

R (Ortona) v Secretary of State for Communities and Local Government [2009] EWCA Civ 863 [2010] 1 P&CR 15 – represented the successful claimant in the High Court and Court of Appeal proceedings of the s.288 claim quashing the Planning Inspector’s decision on grounds of apparent bias.

R (Rooff) v Secretary of State for Communities and Local Government [2011] EWCA 435 – represented the Secretary of State in the High Court and Court of Appeal in respect of this challenge under s.21 of the Land Compensation Act 1961 to the terms of the certificate of appropriate alternative development granted to the Claimant in respect of the acquisition of its site for the purposes of the 2012 Olympics.

R (Murrell) v Secretary of State for Communities and Local Government [2010] EWCA Civ 1367 – acted for the Secretary of State in the High Court and Court of Appeal in respect of this s.288 challenge to the refusal of prior approval for an agricultural building under the General Permitted Development Order. The case raises issues of importance in respect of the nature of permitted development rights.

R (Majed) v LB Camden [2010] J.P.L. 621 (CA) - represented the interested party who successfully opposed the quashing of planning permission despite an error by the council in the consultation process. This is a leading case on the scope for legitimate expectations arising from promises in statements of community involvement.

R (Aldergate Projects Ltd) v Nottinghamshire County Council [2009] JPL 939 – acted for successful Claimant quashing the County Council’s grant of planning permission to itself for the redevelopment of Mansfield bus station.

R. (on the application of Springhall) v Richmond upon Thames LBC [2007] 1 P. & C.R. 30 (CA) – represented the successful local planning authority in the High Court and Court of Appeal in this leading case on delegated decision making powers. 

R. (on the application of Tratt) v Horsham DC [2007] EWHC 1485 (Admin) - represented the successful claimant in challenge quashing the council’s decision because of defective summary reasons for the grant of planning permission.

Roy Granville Thomas v Welsh Ministers [2009] EWHC 1734 (Admin)- represented the claimant in this successful s.288 challenge to quash the refusal of advertising consent.

R. (on the application of East Hertfordshire DC) v First Secretary of State [2007] EWHC 834 (Admin); [2007] J.P.L. 1304 – acted for Secretary of State in case concerning the scope of issue estoppels in planning enforcement cases.

R. (on the application of Pridmore) v Salisbury DC  [2005] 1 P. & C.R. 32 – represented the successful claimant in the judicial review to quash the grant of planning permission due to defects in the notification procedure.

R. (on the application of Chisnell) v Richmond upon Thames LBC  [2005] EWHC 134 (Admin); J.P.L. 2005, Aug, 1103-1105– represented the successful claimant in challenge quashing the council’s decision because of defective summary reasons for the grant of planning permission.

Harris v First Secretary of State [2007] EWHC 1847 (Admin); [2008] J.P.L. 538 – acted for Claimant in High Court challenge concerning the specific health impact of telecoms mast on a vulnerable claimant.

R. (on the application of Islington LBC) v Secretary of State for Communities and Local Government [2008] EWHC 1289 (Admin) – acted for LB Islington in its High Court challenge concerning the application by the Secretary of State of their affordable housing policy.

Nero Holdings v Secretary of State for Communities and Local Government [2009] EWHC 749 (Admin) – represented Secretary of State in his successful defence of High Court challenge to decision to uphold an enforcement notice served on Café Nero due to breaches of Epping Forest District Council’s retail frontages policy.

MR Dean & Sons (Edgware) Ltd v First Secretary of State [2007] EWCA Civ 1083; [2008] A.C.D. 13 [2008] JPL 973 – represented the successful Secretary of State in the High Court and Court of Appeal (led by Nathalie Lieven QC) in case which gives guidance on decision making under PPS1 and the immateriality of the impact on ransom value in determining planning applications.

R. (on the application of Bedford) v Islington LBC [2003] Env LR 22 – acted for Arsenal FC in their successful defence of this High Court challenge to the planning permission granted for the Emirates stadium (led by Christopher Katkowski QC).

R. v Tower Hamlets LBC Ex p. Barratt Homes Ltd [2000] J.P.L. 1050 – High Court challenge to legality of affordable housing policy (led by Christopher Lockhart-Mummery QC and Christopher Katkowski QC).