David Forsdick

year of call: 1993

clerks@landmarkchambers.co.uk

areas of law

Practice Summary

David specialises in public law (particularly environmental judicial review, local government powers and finance, and social security), planning law and compulsory purchase and compensation.  Over the last year he has acted in some of the most substantial and important environmental and planning law cases including the Heathrow  third runway litigation;  the first challenge under the Strategic Environmental Assessment Directive and a major inquiry into affordable housing requirements following the credit crunch. Acted for the Mayor of London in seeking to remove a large protest camp from Parliament Square Gardens; and is currently acting for a County Council in a challenge to a 3600 home urban extension and a development in a challenge to a refusal of permission for a strategic rail freight interchange.

David is on the A Panel of Treasury Counsel and he regularly appears in the Court of Appeal, High Court; planning inquiries and a range of tribunals. He regularly represents central government, local authorities, NGOs and individuals.

He is listed as a leading specialist in administrative and public law, local government law and in planning in Chambers & Partners 2010 and in the Legal 500.

Environmental Public Law

1. R(Hillingdon LBC & Others) v. Secretary of State for Transport  [2010] EWHC  626 Admin  - for consortium of local authorities and NGOs in challenge to third runway at Heathrow
2. St Albans D C and Hertfordshire County Council v. Secretary of State  [2010] JPL 70 – for county council in first ever successful challenge to major housing allocations contained in RSS under the Strategic Environmental Assessment Directive.
3. English Heritage and Ashton v. Secretary of State for Communities and Local Government [2010] EWCA Civ 600; [2010] NPC 60 – in Court of Appeal for developer defending challenge to grant of consent for a major mixed use development including residential tower on the South Bank.
4. Green v. Secretary of State for Communities and Local Government [2010] EWCA Civ  64; [2010] NPC 16 – in Court of Appeal for Secretary of State in challenge to grant of permission for gypsy site.
5. Derbyshire Dales v. Secretary of State for Communities and Local Government  [2010] 1 P& CR 19 – for SoS in case relating to consideration of alternative sites for renewable energy developments.
6. Barnes v. Secretary of State for Communities and Local Government [2010] EWHC Admin – for Secretary of State in challenge to permission for major windfarm development.
7. Royal Borough of Kensington & Chelsea v. SoS  [2009] EWHC 1854 Admin – for SoS in challenge to permission for change of use of nursing home to residential.

He is acting for Hertfordshire County Council in challenge to the permission for 3600 homes west of Stevenage and is advising various NGOs in respect of prospective challenges to aviation expansion across the UK.
 

Planning

In the last year, David has acted for:

1. Cambridge City Council in inquiry into affordable housing requirements for major urban extension to the south of Cambridge. 40% affordable housing requirement upheld despite implications of credit crunch;
2. the developers of a strategic rail freight interchanges at Radlett (refused and currently under challenge) and Rossington (resolution to grant);
3. the Health and Safety Executive in respect of gas holder safety considerations for very large urban redevelopment project in Wandsworth (Ram – HSE objection upheld and permission refused);
4. the Council in resisting developer’s attempts to escape s.106 education obligations (Bristol Parkway); and
5. the developer in promoting housing development against land stability, ecology and landscape objections (Guildford) and major hazard objections (Havering).

He has appeared in a number of windfarm inquiries and is to represent the RSPB in the Lydd Airport expansion inquiry.

Compulsory Purchase, valuation, compensation and rating

David is acting for the Highways Agency in multi-million pound claim for compensation arising from improvements to a motorway service area; for a community organisation in challenge to a council’s refusal to pay compensation arising from a CPO; for various charities in claims for rate relief and for the Government in respect of the re-valuation of the ports of the UK and the rating of community facilities. He regularly advises developers, local authorities and objectors on viability issues relating to affordable housing and other s.106 requirements and enabling development. For highlights in these areas of work please click here.

Other Environmental Work

David assists leading nature conservation organisations in making: (1) representations on changes in UK policy; (2) complaints to Europe in respect of infringements of EU law; and (3) objections to particular applications. He acts as a Secretary of State decision maker in certain environmental law appeals. His work for the commercial sector includes advising and representing in cases relating to contaminated land liabilities and clean up proposals; advising on the land use planning implications of flooding and major hazard installations; and he represents individuals and local amenity groups on issues relating to enforcement of environmental controls at amongst other landfill, windfarm and major hazard sites.

General Public Law

David's public law practice includes advising public authorities on the ambit of their powers and advising individuals, charities and companies on the legality of actions of the government.  He acted in R(Kaupthing) v. Her Majesty's Treasury [2009] challenge to the transfer of assets from an Icelandic bank; R(Conservative Party) v. Election Commissioner [2010] EWHC 285 Admin in challenge to costs jurisdiction of election commissioner; and for HMRC in litigation related to voluntary national insurance compensation. He advises and acts for professional bodies in defending challenges to their decisions;  advises and represents government on rating and national insurance issues; and advises public authorities on public procurement and state aid issues. For public law highlights click here.

European Law

European law issues regularly arise in his environmental practice and he has drafted a number of complaints to UK legislation on behalf of nature conservation organisations. His work on the A Panel has involved significant state aid and competition law issues including in the telecommunications sector.

Social Security and Welfare State

He undertakes substantial amounts of pro bono work in the social security field including for the Child Poverty Action Group, the Bar Pro Bono Unit and FRU. For his most recent social security, child support, community care and general welfare state work click here.

QUALIFICATIONS

A Panel of Junior Counsel to the Crown - appointed 2005 (B Panel - 2002 and C Panel – 1999)

Appointed as Secretary of State decision maker in statutory appeals – 2008/9

Appointed as legal assessor by Secretary of State and by mediators in various contexts.

Chair of the Free Representation Unit 1993 – 4

Chair of Governors of St Luke’s Primary School, Islington since 2001

Regularly lectures on issues in environmental and planning judicial review, social security and general local government including probity and decision making.

CASES

INQUIRIES