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Planning and Environmental

Ranked in the Directories consistently as a leading junior, the “excellent” Jenny Wigley (Legal 500 2013) is “thorough in her preparation and forceful in her advocacy” (Legal 500 2014) and “presents a clear and cogent case” (Legal 500 2015).  “Her knowledge of judicial review is impressive” (Legal 500 2016).

She regularly appears in the Senior Courts in judicial review claims and statutory challenges (recent reported cases of note listed below). She also appears in planning inquiries, examinations and hearings relating to all aspects of development and enforcement for developers, local authorities and other interested persons.  She has been successful in representing a Parish Council at a three week Inquiry as the sole party opposing an appeal for 800 houses in Essex on primarily transport grounds.  She has recently appeared for a local planning authority in an inquiry successfully resisting the conversion of a listed public house to residential use, a case involving complex viability and heritage issues.  She also acted for a developer in gaining planning permission for 150 houses on appeal in one of the first post-NPPF cases in which planning permission was granted notwithstanding the presence of a five year housing land supply and the site’s location outside the settlement boundary.     

In addition to the reported cases in which she has appeared in the High Court and Court of Appeal (see below), Jenny has succeeded in achieving quashing orders by consent and other favourable settlements for both claimants and developers in many more judicial review and statutory review cases.  She has appeared many times for claimants, local authorities and developers in judicial review and statutory review claims including, in particular, those related to adequate consultation, legitimate expectation, heritage, Habitats Regulations, EIA, SEA, air quality, s.106 obligations and conditions, interpretation of policy and adequacy of reasons. She has also appeared in a number of cases concerning the interpretation of the NPPF.  Whilst her current caseload has a strong planning focus, she is widening that to other areas of judicial review and High Court challenge.

Jenny graduated in law from Cambridge University. She was called to the Bar in 2000 by the Middle Temple, having worked for five years in a solicitors’ firm in the City.

Jenny has written a number of articles on planning, rating and the council tax in both the legal and property trade press. She provides oral representation and advice, both written and in conference, on all aspects of judicial review, planning, rating and the council tax, compulsory purchase, highways and local government.

 

Recommendations 

“Diligent, approachable, confident and assertive”
Legal 500 2017 (Public Law)

“Her knowledge of judicial review is impressive”
Legal 500 2016 (Public Law)

“Presents a clear and cogent case”
Legal 500 2015 (Public Law)

“Thorough in her preparation and forceful in her advocacy”
Legal 500 2014

The ‘excellent’ Jenny Wigley is recommended for planning matters
Legal 500 2013

In the last year Jenny Wigley has been involved in a number of judicial review and statutory claims. One recent example of her work was a three-week planning inquiry, where she acted against Ian Dove QC, relating to a site on the edge of Leicester called Glenfield Park. This area had been earmarked for a mixed employment and housing scheme. 
Chambers UK 2013

Jenny Wigley is proficient in all aspects of planning law, including highways and CPOs along with enforcement, inquiries and local and statutory reviews in the High Court. Currently, she is continuing to challenge the Secretary of State's dismissal of an appeal for 1,100 houses on a derelict sugar beet factory site in Ipswich. 
Chambers UK 2010

"Jenny Wigley has impressed with a series of planning judicial review applications and appeals" 
Legal 500 2009

“Increasingly recognised as a barrister making a huge impact on the market”
Chambers UK 2009

 

Noteable Cases 

 

Forest of Dean DC and Resilient Energy v. R (oao Wright) [2017] EWCA Civ 2102   - Court of Appeal consideration of whether financial community benefits can lawfully be taken into account in the grant of planning permission for a wind turbine. 

 

Billington & Richardson v. Fylde BC – Successfully achieved by consent the quashing of a planning permission for dog kennels and dog training school.  Legal flaws included errors of fact, failure to obtain additional information and failure to consider alternative locations.

 

Barker v. Isle of Anglesey County Council – Successfully achieved the quashing of a planning permission by consent, due in part to a failure by the Council to provide English translations of planning documents to the Claimant objector.

R (oao Leckhampton Green Land Action Group Limited) v. Tewkesbury BC and Redrow Homes Limited [2017] EWHC 198 (Admin) – Acted for Council in successful defence of a JR challenge to a scheme for 377 dwellings.  Defeated grounds relating to EIA, heritage and the Kides principle. Decision of Holgate J.

Muller Property Group v. SSCLG and Cheshire East [2016] EWHC 3323 (Admin) – Representing developer in statutory review of Secretary of State’s decision, granted permission by Gilbart J in detailed judgment.

PS v. Greenwich RBC [2016] EWHC 1967 (Admin) – Judicial review challenge concerning air quality impacts of the international cruise liner terminal proposed in Greenwich.

R (oao Loader) v. Rother DC [2016] EWCA Civ 795 – Successful appeal to the Court of Appeal concerning heritage asset and misleading information given about consultation.  Achieved quashing of permission for housing at a bowling green club.

R (oao Wright) v. Forest of Dean DC [2016] EWHC 1349 (Admin) – Judicial review challenge to the materiality of financial community benefits offered by a wind turbine development.

Germane Properties Ltd v. Mansfield DC and another (22 December 2016) – Acted on behalf of the interested party in successfully resisting an application for judicial review of a planning permission for a gas- powered energy plant.

R (oao Carlyle) v. Hastings BC [2016] EWHC 1482 (Admin) – Judicial review challenge to a road scheme on grounds concerning air quality impacts.

PS v. Greenwich RBC [2016] EWHC 1903 (Admin) – Achieved permission to seek judicial review of the international cruise liner terminal in Greenwich.

Gerber v. Wiltshire DC [2016] EWCA Civ 84 – Appeal against the quashing of planning permission for an already built solar farm.  High Court decision on legal errors endorsed but appeal upheld on basis of delay and prejudice to interested parties.

Robinson v. SSCLG and others [2016] EWHC (Admin) (22 January 2016) – case concerning mistake of fact and the extent of a local authority’s duty to send updated material to an Inspector prior to an appeal decision being published.  Also concerning the NPPF on open space and duty of Inspector not to disregard development plan policy on the basis of finding it to be “out of date”.

Franks v. Secretary of State for Communities and Local Government [2015] EWHC 3690 (Admin) – Successful defence of an Inspector’s decision to grant planning permission for 125 new homes in the Cotswolds Area of Outstanding Natural Beauty;

Thornhill Estates Ltd v. Secretary of State for Communities and Local Government [2015] EWHC 3169 (Admin) – Successful challenge to a Secretary of State decision to dismiss an appeal for 400 homes in a Protected Area of Search in Leeds;

R (Langton) v. Forest of Dean District Council [2015] EWHC 2648 (Admin) – Further decision on local authorities’ duties under the Habitats Regulations;

R (o a o Devon Wildlife Trust) v. Teignbridge DC [2015] EWHC 2159 (Admin) – Case concerning Appropriate Assessment under the Habitats Directive and unlawful failure to screen for EIA.

Forestry Commission v. Secretary of State [2015] EWHC Civ 683 – Challenge to Secretary of State dismissal of appeal for permission for holiday cabin development.

R (o a o Forest of Dean Friends of the Earth v. Forest of Dean District Council [2015] EWCA Civ 683 – Court of Appeal consideration of planning authorities’ duties to consider in combination effects under the Habitats Directive.

R (o a o Loader) v. Rother District Council [2015] EWHC 1877 (Admin) – Case on duty to consult English Heritage and on interpretation of the NPPF as regards protection of the visual amenity value of open space.

R (o a o Barr) v. North Somerset Council [2015] EWHC 1735 (Admin) -successfully represented the Interested Party in defending a judicial review challenge to its planning permission.

Gerber v. Wiltshire Council [2015] EWHC 524 (Admin), JPL [2015] 9, 1021 – Quashing of solar farm for Council’s failure to notify neighbour, failure to consult English Heritage and errors in consideration of impacton grade II* listed building and in EIA screening opinion.  Acted for successful Claimant.

Stroud DC v. Secretary of State for Communities and Local Government [2015] EWHC 488 (Admin) – Challenge to Inspector’s decision on landscape value and application of AONB policy.

(R a o a Lee Valley Regional Park Authority) v. Broxbourne BC [2015] EWHC 185 (Admin) – Quashing of planning permission for Council’s failure properly to consider green belt policy.

Kendall v. Rochford District Council [2014] EWHC 3866 (Admin), [2015] Env LR 21 – Decision of Lindblom J that SEA consultation process unlawful but declining to quash due to lack of substantial prejudice.

Abbotskerswell Parish Council v. Teignbridge DC and Secretary of State [2014] EWHC 4166 (Admin), [2015] Env LR 20 – Challenge to Local Plan postponing Habitats Regulations mitigation to planning application stage.

Forest of Dean Friends of the Earth v. Forest of Dean District Council [2014] EWHC 1353 (Admin)

R (o a o Corrie) v. Suffolk CC [2014] EWHC 2490 (Admin) – Challenge to planning permission for a waste transfer station and to failure to re-open an EIA screening direction.

R (o a o Oldfield) v. Secretary of State CLG [2014] EWCA Civ 1446, [2015] Env LR 9 – Court of Appeal consideration of requirement to consider cumulative effects in EIA screening.

Grand Union Investments v. Dacorum BC [2014] EWHC 1894 (Admin), [2014] JPL, 10, 1188:  Successfully defended a statutory challenge to the soundness of an early partial review mechanism in a Core Strategy.

R (o a o The Police and Crime Commissioner for Leicestershire) v. Blaby District Council [2014] EWHC 1719 (Admin):  Interesting case in which the Police challenged the way in which their request for s.106 contributions had been dealt with by the Council and relied on legitimate expectation.

R (Royston Potter) v. Amber Valley BC [2014] EWHC 888 (Admin): Successful judicial review quashing a planning permission for a dwelling on the edge of a village for inadequate reasons.

R (o a o) Prideaux v. Buckinghamshire CC [2013] EWHC 1054 (Admin)

R (o a o Baggus) v. Forest of Dean DC [2013] EWHC 4394 (Admin)

R (o a o Gibson) v. Harrow DC [2013] EWHC 3449 (Admin)

Vale of Whitehorse DC v. Secretary of State for Communities and Local Government [2009] EWHC 1847 (Admin)

JG Ipswich LLP v. Secretary of State CLG [2009] EWHC 91 (Admin)

R (o a o Batey) v. Boston BC [2008] EWHC 3516 (Admin)

UK Coal Mining Ltd v. North Warwickshire Borough Council [2008] EWHC 23 (Admin) 

R (on the application of Nigel Roberts and others v. Secretary of State for Communities & Local Government [2008] EWHC 677 (Admin)

R (oao Ling (Bridlington) Ltd) v. East Riding of Yorkshire Council [2006] EWHC 1604 (Admin); [2007] J.P.L 396 

R (on the application of Leicestershire County Council v. Secretary of State for Communities & Local Government & UK Coal Mining Ltd [2007] EWHC 1427 

Persimmon Homes (Wales) Ltd v. Rhondda Cynon Taff CBC [2005] RVR 59

R (o a o Wall) v. Brighton & Hove CC [2004] EWHC 2582 (Admin), Times November 16, 2004.