Tim Mould QC

year of call: 1987

TMould@landmarkchambers.co.uk

areas of law

Practice Summary

Tim specialises in planning, infrastructure, environment and local government law, and related areas of land law, human rights and community law. His practice has a particular focus on cases which raise complex and interrelated issues of planning, public and land law. His local government practice has a particular focus not only on local authority decision making but also on three related areas of expertise - compulsory purchase and compensation, rating and council tax, and highways and public rights of way. For over 15 years he has appeared regularly in cases in the Administrative Court and Appellate Courts, in the Lands Tribunal and in public inquiries. He has appeared before Parliamentary Select Committees (the Crossrail Bill) and in the European Court of Human Rights (Connors v United Kingdom). He regularly represents central and local government, other public sector bodies and corporate and individual clients in the private sector.

Tim was called to the Bar in 1987. Between 2001 and 2006 he was a member of the A Panel of Junior Counsel to the Crown (Common Law). Between 1997 and 2006 he was standing junior counsel to the Inland Revenue (Rating and Valuation). He took silk in October 2006.

Planning, Infrastructure & Environment

Recent planning and environmental cases include Cala Homes (South) Ltd v Secretary of State [2011] EWHC 97 (Admin) (proposed abolition of regional strategies), R (Brown) v Carlisle City Council [2010] JPL 1571 (EIA and cumulative effects), LS Banbridge Phase 2 Ltd v Northern Ireland Planning Service[2010] (pre-determination in planning decision making), Townsley v Secretary of State [2009] (residential permitted development rights) and Winwood v Biffa Waste Services Ltd [2010] (contractual arrangements for operation of landfill site).

Other important planning and environment cases include BARD Campaign v Secretary of State for Communities and Local Government [2009] (public consultation on eco-towns) and Barbone v Secretary of State for Transport [2009] (expanded use of existing runway at Stansted Airport). Tim is currently acting for Milton Keynes Council and others in a legal challenge to recent changes to planning controls for houses in multiple occupation and for the Secretary of State in a challenge to the proposed West Stevenage urban extension.

Tim was a senior member of the Landmark team promoting the Crossrail Bill through Parliament to Royal Assent in July 2008. He is now advising the Government on high speed rail. In 2004 he acted for the Secretary of State in the judicial review of the Air Transport White Paper.

Recent public inquiry work includes wind farm proposals in South Cambridgeshire, redevelopment proposals for a former naval training base in Suffolk, the UK’s first “eco-village” at Dunsfold Aerodrome in Surrey, sheltered housing schemes and proposals for a superstore at Bridgewater Retail Park Banbridge Northern Ireland. Practice experience ranges from tall buildings in London to residential schemes including sheltered and affordable housing, renewable energy proposals and urban regeneration schemes.

His current advisory work includes the development of planning policy at national and local level, the interpretation and enforcement of development agreements and planning obligations, infrastructure schemes, wind farm developments and other renewables, land reclamation and waste schemes including incineration and animal wastes, agricultural reservoirs, utilities permitted development rights, listed building conversion and refurbishment schemes, hotel development, retail planning at railway stations and planning in Northern Ireland, the Channel Isles and the Isle of Man.

Local Government Law

The core of Tim’s local government practice is advising on local authority decision making. Recent cases have concerned a wide range of topics, including the role of the monitoring officer in relation to controversial planning decisions, public open space and restrictive covenants, public procurement and waste schemes, planning for gypsies and equality duties, infrastructure contribution schemes, renewable energy development under the Planning Act 2008 and the impact of the Natural Environment and Rural Communities Act 2006 on vehicular use of rural lanes.

Tim’s compulsory purchase practice includes land compensation claims relating to Crossrail, High Speed 1, the East London Line Extension, city centre redevelopment schemes in Bristol and Liverpool, and many highway schemes including the M40 and Birmingham Northern Relief Road. Cases include Moto Hospitality Ltd v Highways Agency [2008] CA (compensation for road schemes), Ryde International plc v London Regional Transport [2004] CA (land compensation - loss of developer profits) and the compulsory purchase of Apethorpe Hall. He has considerable experience and expertise in land valuation with an environmental element, including minerals and utilities valuation.

Tim is acting in rating proceedings relating to office oversupply in the City of London and in Leeds and the revaluation of statutory ports. Tim’s recent rating and council tax cases include Selfridges Retail Ltd v Humphries [2010] LT (Selfridges’ Oxford Street store), Gallagher v Church of Jesus Christ of Latter Day Saints [2008] HL (rating and human rights), Chilton-Merryweather v Hunt [2008] CA (impact of traffic growth on council tax assessments), Harrods v Baker [2007] LT (rates valuation of department store) and Baker v Citibank NA [2007] LT (rating in Canary Wharf).

Recent highways and public rights of way cases include Herrick v Kidner and Somerset County Council [2010] 3 All ER 771 (statutory procedure for removing obstructions under s130A Highways Act 1980), Godmanchester Town Council v Environment Secretary [2008] HL (public rights of way) and Winchester College v Hampshire County Council [2008] CA (extinguishment of vehicular rights of way). Public inquiry work includes acting for West Berkshire Council promoting of a public path creation order on the Thames Path National Trail at Purley, Berkshire.

Recommendations in the Legal Press

Tim is listed as a leading specialist in Planning and Local Government in Chambers & Partners Directory 2010 - “one of the finest advocates I have ever seen in action. He has a considerable talent for explaining difficult concepts clearly and concisely” … “really impresses as a planning barrister - he is absolutely brilliant" and in the Legal 500 2009.

QUALIFICATIONS

Tim was called to the Bar in 1987. Between 2001 and 2006 he was a member of the A Panel of Junior Counsel to the Crown (Common Law), having previously been on the B Panel. Between 1997 and 2006 he was standing junior counsel to the Inland Revenue (Rating and Valuation). He took silk in October 2006.

He read classics as the Jodrell Scholar at the Queen’s College Oxford. He has a Diploma in Law from the Polytechnic of Central London. He is consultant editor to Halsbury’s Laws Reissue on Rating and Council Tax (2008) and a contributor to Local Authorities and Human Rights (2004). He is on the editorial team of Encyclopedia of Planning Law and Practice and assistant editor of the Encyclopedia of Rating and Local Taxation.

CASES

INQUIRIES