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Planning Law

David has appeared in a number of significant cases in the planning sphere. These include:

  • R (West Berkshire DC) v. Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin), [2015] BLGR 884, [2016] JPL 35 – high profile challenge to the written ministerial statement on affordable housing – currently on appeal to the Court of Appeal (led by Richard Drabble QC).

  • R (DC21 Ltd) v. Secretary of State for Communities and Local Government – counsel to the Secretary of State in successful defence of challenge to the written ministerial statement on onshore wind policy, which implemented an important election manifesto pledge.

  • R (FCC Environment (UK) Ltd) v. Secretary of State for Energy and Climate Change [2015] EWCA Civ 55, [2015] Env LR 22 – counsel to the Secretary of State in challenge to the compatibility of special parliamentary procedure with the EIA Directive.

  • R (Moore) v. Secretary of State for Communities and Local Government [2015] EWHC 44 (Admin), [2015] BLGR 405, [2015] JPL 762, [2015] PTSR D14 – challenge to the legality of the Secretary of State’s recovery policy in gypsy and traveller appeals (led by Rupert Warren QC).

  • R (Gleeson Developments Ltd) v. Secretary of State for Communities and Local Government [2014] EWCA Civ 1118, [2014] PTSR 1226, [2014] JPL 1386 – high profile challenge to the Secretary of State’s exercise of his recovery jurisdiction following the promulgation of an appeal determination by an Inspector (led by John Litton QC).

  • R (Vale of White Horse DC) v. Secretary of State for Communities and Local Government [2009] EWHC 1847 (Admin) – guidance on the correct approach to the interpretation of policy in planning cases.

  • Bovale v. Secretary of State for Communities and Local Government [2008] EWHC 2143 (Admin) – guidance on the provision of defences and evidence by defendants in s288 challenges.

  • R (on the application of Wates) v. Surrey County Council [2008] EWHC 706 (Admin) – Green Belts and very special circumstances.

  • Satnam Millenium v. Warrington BC [2007] EWHC 2648 (Admin), [2008] JPL 763 – Green Belts and UDPs.

In 2015, he was named as one of the top 50 planning barristers in the country in the annual Planning Magazine survey. In April 2009, the same survey named him in the Top 10 planning barristers under 35.

As well as practising in this area, David edits (with David Elvin QC) those parts of the Planning Encyclopedia dealing with EIA, SEA, Habitats and Birds Directives, as well as validity, human rights and EC law. He is the author of the chapter on access to environmental information in Banner, The Aarhus Convention: A Guide for UK Lawyers (2015), Hart.