Matthew Reed

year of call: 1995

MReed@landmarkchambers.co.uk

areas of law

Practice Summary

Matthew was called to the Bar in 1995 having studied at King’s College, Cambridge. During his training he was awarded a Jules Thorn scholarship from the Middle Temple and has, for past 15 years specialised in planning, property, environmental and property-related local government law.

Matthew has been described in Chambers & Partners as “especially valued for his expertise in cases that combine elements of planning, real estate and environmental law”, “tenacious, meticulous and thorough in cross-examination" and “solid, straightforward and charming”.  He has been listed as a leading junior in the planning sections of Chambers & Partners 2009, 2010, 2011 and 2012 and The Legal 500 in 2008, 2009, 2010 and 2011.  The Legal 500 said that emerging juniors like Matthew “ensure a bright future" for Landmark Chambers.

Areas of Expertise

Planning & Local Government

Within the planning field, Matthew acts for both local authority and private clients. He has wide experience in:

• Appeals; 
• Called-in applications; 
• Enforcement matters;
• Development plan inquiries; and
• High Court applications and appeals.

He has both promoted and objected to large scale housing and retail schemes, industrial developments, infrastructure projects, including windfarm and renewable energy schemes and other major projects.  He has promoted waste transfer facilities through appeals and represented authorities objecting to them. He has recently successfully challenged the East of England and South East England Regional Spatial Strategies. 

Other areas of local government work include compulsory purchase and compensation work in which he has appeared at inquiries and in the Lands Tribunal; he has promoted CPOs on housing, highway and regeneration projects and has acted for claimants and objectors to numerous compulsory purchase schemes.  He has also acted for clients on a range of rating matters.  Matthew’s compensation practice has dealt with a wide-range of matters, including mining and railway projects.  He is a member of the Compulsory Purchase Association.

Environment

In the environmental field, Matthew has recently appeared at the first special site contaminated land case in the country (Sandridge Special Site Inquiry). He provides advice on environmental assessment In the environmental and local government fields, Matthew has expertise in contaminated land, having represented major corporations in contaminated land appeal and remediation notice cases and having appeared in the High Court on contaminated land issues. He represented the appellant at the first special site contaminated land case in the country and has dealt with a number of major contamination sites in his practice.

He was the environmental permitting (pollution) section contributor of the Oxford University Press Environmental Law and has acted on numerous cases concerned with the permitting process in the heavy industry sector.

He has dealt with major infrastructure projects in the environmental field and has recently represented two local authorities in the draft water resources management plan inquiry for the Thames Water area.

In Matthew’s highways law practice, he has represented clients on rights of way and highway (including major road) inquiries and has appeared in both the High Court and the Court of Appeal on traffic regulation matters and provided representation on transport subsidy issues.

n the field of statutory nuisance and licensing, Matthew has represented local authorities and private clients in the Magistrates Court on appeal and criminal prosecutions both in the Magistrates Court and the High Court (including St Albans v Patel [2009] Env. L.R. 22).

In Parliament, Matthew has represented local authorities objecting to Crossrail and promoting private bills in the Lords. He is a member of the Bar’s parliamentary practitioner association, the Parliamentary Bar Mess.

Property

Matthew’s practice in property law is primarily related to real property disputes and commercial landlord and tenant matters. He has represented a range of clients on forfeiture, breach of covenant and tenancy renewal applications, as well as easement and covenant disputes. He has appeared in arbitration proceedings and the High Court at first instance and on appeal and is an qualified mediator.

Notable inquiries

Cogges Link Road Compulsory Purchase Order Inquiry, Oxfordshire, September – December 2011
An inquiry into a proposed relief for Witney, Oxford.

Beaumont School, St Albans, June 2011
Inquiry into a 120 unit housing appeal along with enabling development for a school.

Palm Nurseries, Guildford, 2011
Inquiry concerning section 78 appeal for a Gypsy site.

Oaklands College, St Albans, 2011
Inquiry into the re-use of a listed building.  Appeal dismissed.

Hampton Park II, Salisbury, May 2011
An inquiry into the local authority’s decision to refuse permission for a 300 house scheme on the north of Salisbury.  Appeal allowed, contrary to the Inspector’s recommendation.

Maldon wind farm inquiry, March 2011
Inquiry relating to a 9 turbine windfarm in Maldon District.

Thames Water Management Plan inquiry, June 2010
Inquiry into the proposed water resources provision in the Thames Water area, representing Oxford County Council and Vale of White Horse.

Wallace Way, Hitchin, March 2010
nquiry into largest fragmentising waste facility in Hertfordshire..

Railfreight Terminal, St Albans, November 2009
Inquiry into strategic railfreight inquiry accessing Midland Mainline railway and over 1,000,000 sq ft of floorspace.

Grise wind farm inquiry, Lake District, October 2009
Inquiry into windfarm proposal within the vicinity of the Skelton aerial; acting for the local planning authority. Appeal dismissed.

Berrier Hill Wind farm Inquiry, Lake District, September 2009
Inquiry into windfarm proposal on boundary of Lake District National Park, representing National Park authority and district council.

Oaklands College Inquiry, St Albans, March 2009
Call-in inquiry into proposed redevelopment of college in Green Belt.

Tottenham High Road Inquiry, January 2009
Appeal against Council’s decision to refuse permission for housing development site in conservation area.

Mixed Office and Residential Development of land at TRL Headquarters, Bracknell Forest, October 2008
Proposals for large scale redevelopment in Bracknell Forest, representing neighbouring authority in respect of highway and need objections.

West Berkshire Green Composting Processing Appeal, September 2008
Promoting scheme for green composting appeal within an Area of Outstanding Natural Beauty.

Hertfordshire Golf and Country Club Inquiry, September 2008
Proposal to redevelop hotel and golf country club in Hertfordshire Green Belt. Representing local authority in support of the proposal.

Cumbria Windfarm Inquiry (Hoff Moor), March 2008
Proposed large-scale windfarm within Eden District on open moor. Appeal dismissed.

Strategic Railfreight Interchange, St Albans, December 2007
Proposed strategic interchange in the Green Belt representing two authorities. Appeal dismissed.

Enfield Town Tower Block Development, January 2007
Proposal to promote largest tower block redevelopment in Enfield town centre. Appeal successful.

Sandridge Special Site Inquiry, January 2007
Defending company made responsible under remediation notice for contamination from former chemical works.

London Borough of Waltham Forest Unitary Development Plan Inquiry, January 2005
Advocate for the local authority promoting the Council’s unitary development plan.

London Gateway, June 2003
An appeal into a proposed port and strategic railfreight facility, representing BP as neighbouring oil refinery.

Barnfield Drive, Chichester, December 2000
Representing local authority defending decision to grant permission for out of town shopping centre.

Hornsey superstore Inquiry, March 1999
Representing Sainsbury’s Superstores Limited with William Hicks QC promoting superstore in Hornsey town centre.

Fairfield Hospital Inquiry, April 1998
Representing developers with William Hicks QC seeking enabling development and redevelopment of listed former hospital in the countryside.

Notable cases

R (oao IA) v Secretary of State for Communities and Local Government and Wandsworth LBC [2011] EWCA 1253
Appeal to the Court of Appeal against the Secretary of State’s decision to confirm a compulsory purchase order of premises under the Housing Act 1985.

Waverley BC v Harper [2011] EWHC
Appearing on behalf of the Claimant for an injunction under section 187B of Town and Country Planning Act 1990.

Helioslough v Secretary of State for Communities and Local Government and St Albans District Council [2011] EWHC 2054
Appeal against the Secretary of State’s decision to refuse permission for a rail freight interchange.  Appeared on behalf of the Second Respondent.

Wealden DC v Warley [2012] Env LR 4
Brent LBC v Adilsons Ltd [2010] EWHC 3654  
Divisional Court appeal on the relevance of section 180 of the Town and Country Planning Act 1990 to an enforcement notice.

Hertfordshire County Council v Veolia [2010] EWCA 887
Appeal to the Court of Appeal on the street authority’s power to charge for unmaintained apparatus in the street.

R (Parker) v West Sussex County Council [2010]
Defence of judicial review relating to the Council’s decision to take direct action against a Gypsy site.

Waverley Borough Council v Harper [2010] EWHC 1175 (Admin)
Combined injunction and judicial review applications against the Council’s decision to enter onto land to carry out direct action under section 178, Town and Country Planning Act 1990. Council’s decision upheld. On appeal to the Court of Appeal.

Hertfordshire County Council v Veolia Water [2010] EWHC 278
A claim by the street authority for damages against a statutory undertaker for unmaintained apparatus in the street.

Redland Minerals v Secretary of State for the Environment Food and Regional Affairs [2010]
A challenge seeking permission to apply for judicial review against the Secretary of State’s decision to uphold a remediation notices under the contaminated land regime in respect of the largest point source contamination in the country.

Mohammed v Secretary of State for Communities and Local Government [2010]
A challenge seeking permission under section 289 against an Inspector’s decision to uphold an Enforcement Notice.

St Albans District Council v Secretary of State for Communities and Local Government [2009] EWHC 1280
Representing a local authority who sought to quash certain housing allocations in the East of England Regional Spatial Strategy. Challenge successful, relevant parts of the plan remitted for reconsideration.

Royal Borough of Kingston v Secretary of State for Communities and Local Government [2009] EWHC1121
Local authority challenge against the Secretary of State’s decision to grant permission for housing.

St Albans District Council v Patel [2009] Env. L.R. 22
Challenge by way of case stated of a magistrates’ court decision on the defence of best practicable means to an abatement notice.

Novalong v Secretary of State [2008] EWHC 2136
Challenge by the developer against the decision of the Secretary of State to refuse planning permission for a former football club site against an Inspector’s recommendation.

Hertfordshire County Council v National Grid [2008] 1 All E.R. 1137
Challenge to the Divisional Court against the decision of Magistrates and the interpretation of reinstatement for the purposes of the New Roads and Street Works Act 1991.

National Grid plc v Lafarge Aggregates Ltd [2006] EWHC 2559
Defence of arbitrator’s decision to award loss of profits to a mining operator from the laying of pipelines in the mining operator’s mine.

Waltham Forest BC v First Secretary of State [2005] EWHC 3335
Challenge to the Secretary of State’s decision to grant planning permission for a betting office in a protected retail area.

Guildford BC v First Secretary of State [2004] EWHC 1291
Challenge to a decision to grant planning permission in the countryside for agricultural buildings involving interpretation of countryside policies.

St Albans DC v Daniels [2003] EWHC 2485
Injunction case seeking removal of occupants from agricultural land in the Green Belt.

Steetley Woburn v Secretary of State for Transport [2003] EWHC 2093
Challenge against Secretary of State’s decision to dismiss an appeal for planning permission for the extraction of fuller's earth, restoration to agriculture, woodland and heathland, and retention of the existing processing plant at a mine in Bedfordshire

Doncaster MBC v First Secretary of State [2003] EWHC 993
Challenge to the Secretary of State’s decision to grant permission for caravan development in the countryside.

Akumah v London Borough of Hackney [2001] EWCA Civ 1946
Challenge to the decision of County Court to allow an appeal against a claim for damages arising from the local authority’s possession of an impounded vehicle.

Berkeley v. Secretary of State [1998] Env. L.R. 741
High Court and Court of Appeal challenge against the environmental assessment requirements of the Fulham Football Club redevelopment project.

Parliamentary cases

Feb 2008, objection of Newham Borough Council to the Crossrail Bill in the House of Lords Select Committee

July 2006, promotion of local bill for Liverpool City Council, Leicester and Maidstone to control street trading.

QUALIFICATIONS

Matthew read history at King’s College, Cambridge. He has an M.A. in Law from City University and was a Middle Temple Jules Thorn Scholar. He is a member of the Planning and Environment Bar Association and is a contributor to Environmental Law, (OUP, 2008). Matthew is happy to contribute articles or speak at seminars.

Matthew is a member of the Compulsory Purchase Associationand a member of the Parliamentary Bar Mess. He is also a qualified ADR Group Accredited Mediator

CASES

INQUIRIES