David Elvin QC

year of call: 1983

DElvin@landmarkchambers.co.uk

areas of law

Practice Summary

David Elvin QC was called to the Bar in 1983 and took silk in 2000 and is called to the Bar of Northern Ireland. He is member of the Middle Temple and of the Inn of Court of Northern Ireland. He was awarded the Bar Prize for Finance, Commerce & Industry in 1982. In October 2007 he was named as the Silk of the Year 2008 in Environment and Planning at the Chambers & Partners Bar Awards.

He specialises in planning, environmental and public law (including most aspects of local government, highways, compulsory purchase & compensation) as well as property related matters and the human rights and European Union law aspects of those areas of practice.

David appears frequently in court and at inquiries at all levels and before many different tribunals. During his time as Treasury counsel, he appeared in many planning and public law cases and acted for a wide range of government departments and bodies. Since taking silk he has appeared in the High Court, Court of Appeal, House of Lords, European Court of Human Rights and European Court of Justice. He has also appeared on judicial reviews in the High Court in Northern Ireland and advised on issues in Hong Kong.

He is regularly listed as a leading specialist in a number of fields in the main directories including the Legal 500 and Chambers & Partners Directory (where he is named as a leader in 6 practice areas). Recent comments from Chambers & Partners Directory and The Legal 500 include:

“Said to "ooze brain power," David Elvin QC is feared by his opponents in any contentious planning matter. A real client favourite, he is "great in front of judges" and a man who gets results. Also a member of the Northern Ireland Bar and someone with experience of the European courts, he is a well-travelled barrister whose excellent reputation is well known far and wide. Of late, he has successfully promoted a regeneration scheme in the Preston Tithebarn area.” [2012]

“…widely acclaimed by market sources is leading light David Elvin QC, "someone to go to if you want the very best advice." A "veritable force of nature," he brings great skill and drive to a practice heavy on planning and environmental law cases. Elvin has recently been advising a number of local authorities affected by issues relating to the Thames Basin Heaths Special Protection Area.” [2012]

“David Elvin QC is widely regarded as a true asset to the set. “He's compelling, persuasive and brilliant at strategy - I always come away feeling that I've learnt something very useful," declares one client. His expertise in environmental and public law serves him extremely well here. Recent cases of note include leading the promotion of the Crossrail Bill through Parliament on behalf of the Department of Transport” [2010]

"David Elvin QC combines the ability to assimilate large amounts of information with outstanding advocacy skills and a refreshingly commercial outlook."[2009]

"The focused and fearsomely intelligent David Elvin QC, a figure tremendously respected by the market. He handles a broad range of matters spanning EIA, waste management and habitats conservation, and has been involved in numerous high-profile cases on behalf of local authorities, business and environmental organisations. Recently this fabulously clued-up barrister represented the Environment Agency and the Secretaries of State for Environment and Local Government and Communities in a case relating to the creating of a partial substitute fuel at Rugby Cement Works." [2009]

" A tenacious litigator, he has a phenomenal ability to see a clear path through complex issues. He doesn't miss a trick and always has his clients’ best interests at heart. “ [2009]

"The phenomenally hard-working David Elvin QC has an excellent head on his shoulders. One client reported: Whenever we need a heavyweight opinion we go to him – he’s just supreme." [2008]

“An outstanding barrister who is extremely clever, very intellectual and client-friendly. As one interviewee put it: I would trust him with anything - he has a great personality and is very useful in difficult planning issues."[2008]

“Elvin’s colourful, enormous character, formidable intellect and combative style combine to make him one of the finest parliamentary and planning lawyers of his generation someone you definitely want on your side. He has risen to the very top in other chosen areas such as environmental, local government and contentious property law. Solicitors revealed that they instruct Elvin for his killer instinct, wonderful courtroom manner and ability to understand and evaluate complex and technical information the winning formula for success in these highly specialised areas of practice..." [2007]

Work in recent years has included promoting town centre regeneration schemes (including the Preston Tithebarn scheme for Lendlease), energy from waste projects (including advising Covanta on several projects and acting for Viridor at the inquiry and subsequent judicial review of the Ardley EfW plant), retail and housing proposals, advising the Ministry of Sound on noise nuisance and planning matters, on light pollution issues in Hong Kong and with regard to noise at George Best Belfast City Airport. During 2011 he acted for Save Historic Newmarket both in obtaining an order from the High Court quashing the housing policies of the Forest Heath CS for failures to carry out a proper strategic environmental assessment and then at inquiry opposing Lord Derby’s proposals for a new development on the edge of town which is considered will harm internationally important racing interests. Following several weeks of inquiry in Manchester, representing Britannia Hotels, the Secretary of State rejected Manchester City Council’s proposals to compulsory purchase Britannia’s property at the former London Road Fire Station, Piccadilly. There were also several appearances in the High Court in Manchester, acting for Tesco in successfully resisting both planning and best value judicial reviews of purchase of a site in Salford and in resisting the challenge to the Preston Tithebarn planning permission.

In the Autumn of 2011 he acted for Wightlink Limited (following the Akester case in the High Court) on the inquiry into the proposals associated with their new class of ferries running between Lymington and the Isle of Wight which was the granted planning permission following Habitats appropriate assessment. The case involved proposals for adaptive and monitoring habitat creation proposals to offset the presumed impacts from the ferries. In 2012 he acted for Walshaw Moor Estate on a SSSI modification appeal against Natural England’s attempts to ban the burning of heather on certain habitats which have been traditionally burned in connection with the management of the moor for driven grouse shoots (which has been carried out since the 19th Century). Following 5 weeks of inquiry evidence and obtaining permission for judicial review, both the SSSI appeal and the JR were compromised. Current work also includes acting in a number of planning and environmental judicial reviews in England and Wales and in Northern Ireland, representing DOE NI in the Supreme Court on Central Craigavon’s appeal relating to draft PPS5 (NI) and SEA, representing the HS2 Action Alliance on a challenge to the Government’s proposals to bring forward HS2, promoting the Silver Hill CPO for Winchester City Council, advising Tesco on its plans for Dartford, advising in several electricity wayleave compensation cases, continuing to advise Wightlink Limited on matters concerning the Isle of Wight ferries following the grant of planning permission, advising Buckinghamshire County Council on a proposed EfW plant, acting for East Riding of Yorkshire DC with regard to its AAP for Bridlington, for Liverpool regarding housing renewal and CPO issues and for Birmingham City Council successfully resisting a judicial review on procurement and best value grounds to its decision to sell a regeneration site in Stirchley to Tesco.

David is also Chairman of the St Paul's Covent Garden Millennium Trust and a member of the Advisory Board to the Royal School of Church Music.

QUALIFICATIONS

David Elvin received a B.A. (First Class) in Jurisprudence (1981) and a BCL (1982) from Hertford College, Oxford. From 1991 to 2000, David was one of the Treasury counsel having served as a member of what is now the "A" Panel of Treasury Counsel from 1995 until taking silk in 2000.

Appointed a recorder in 2001, in May 2008 he was appointed a Deputy High Court Judge in the Queen's Bench Division including the Administrative Court. December 2008 saw David appointed as a member of the Boundary Commission for England with effect from 12 January 2009. In 2000 he was appointed as an Assistant Boundary Commissioner in 2000 and had conducted an inquiry into, and reported on, the East London Parliamentary constituencies in 2001-2. He also sits as an arbitrator and is a qualified ADR Group Accredited Mediator.

 

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