Jenny Wigley KC (Joint Head of Chambers)

Call: 2000

Silk: 2021

Jenny's practice is focused on planning and environmental law and non-domestic rating (local government tax).

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Practice summary

Planning

Environment

Rating and Valuation

Public and Administrative

Cross-practice

Practice Summary

Jenny appears regularly in planning inquiries and in the High Court, Court of Appeal and Supreme Court in judicial review and statutory review claims including those related to climate change, adequate consultation, legitimate expectation, water, heritage, Habitats Regulations, EIA, SEA, air quality, s.106 obligations and conditions, the GPDO, enforcement, interpretation of policy and adequacy of reasons.

Of notable interest, Jenny represented the successful claimant in the statutory review challenge to all the Green Belt allocations in the Leeds Site Allocations Plan. She also recently represented a community interest group in four successful High Court challenges relating to the protection of a local playing field.

Jenny represents developers, public interest groups, campaign groups, local authorities and central government agencies. She is currently advising a large unitary local authority in defending refusals of applications by HS2 under Schedule 17 of the High Speed Rail (London – West Midlands) Act 2017. She is also representing National Highways in the High Court in statutory reviews of highway schemes. Additionally, she advises in relation to DCOs. Jenny has also recently represented hotel owners and Government contractors in successful High Court injunction proceedings (both defending against an application for a planning injunction and obtaining an injunction against protesters) relating to the emergency housing of asylum seekers.

On the non-domestic rating side, her practice includes cases in the Valuation Tribunal, Upper Tribunal (Lands Chamber) and the Higher Courts, including in the landmark Divisional Court cases concerning empty rates relief (MakroKenya Aid, Digital Pipeline, Pall Mall and Public Health England). She recently represented the ratepayer in a case concerning the valuation of museums (Hughes (VO) v. Tyne & Wear Museums and Archives [2022] UKUT 206 (LC)) and she represented the Valuation Officer in the leading case concerning the valuation of tenant’s fit-out works in commercial offices (Bunyan (VO) v. Acenden Limited [2023] UKUT 17 (LC)).

Jenny was formerly a solicitor at Stephenson Harwood.

Planning

Ranked in the Directories consistently as a leading silk (and previously a leading junior), Jenny Wigley is a ‘force to be reckoned with’ (Chambers and Partners, 2023). She is “a formidable High Court advocate” (Chambers and Partners, 2023).

She regularly appears in the Senior Courts in judicial review claims and statutory challenges. Her cases include two recent successes in the Court of Appeal (R (oao Whitley Parish Council) v. North Yorkshire CC [2023] EWCA Civ 92 and R (oao Wingfield) v. Canterbury CC [2020] EWCA Civ 1588), two successful Local Plan challenges (Aireborough NDF v. Leeds CC [2020] EWHC 1461 (Admin) and Jopling v. Richmond upon Thames LBC [2019] EWHC 190 (Admin)), an appearance in the Supreme Court (R (oao Wright) v. Resilient Energy Severndale Ltd [2019] UKSC 53) and countless more recent judicial reviews and statutory reviews in the High Court (scroll down for more examples).

Jenny is currently advising a large unitary local authority in defending refusals of applications by HS2 under the High Speed Rail (London – West Midlands) Act 2017. She is representing National Highways in relation to statutory reviews of highways schemes and she frequently provides advice in relation to DCO schemes. She is also representing the Ministry of Justice in s.78 appeals promoting two new prisons.

She 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 recently acted in High Court injunction proceedings relating to housing asylum seekers in hotels. She is advising in relation to the promotion of a 600 dwelling site through the local plan process. 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 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 many reported cases in which she has appeared in the High Court and Court of Appeal (scroll down below for more examples), 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 (public interest groups, campaign groups and noisy industries), local authorities and developers in judicial review and statutory review claims including, in particular, those related to climate change, adequate consultation, legitimate expectation, heritage, water, 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 GPDO and the NPPF.

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.

Environment

Jenny is experienced in advising and representing clients in the Senior Courts in cases relating to environmental impact assessment, habitats, air quality, water, pollution, ecology and climate change. She is well versed with issues relating to nutrient neutrality and water neutrality. Many of the High Court challenges she has undertaken involve complex scientific concepts relating to these matters.

Rating and Valuation

Jenny Wigley KC has a strong practice in the field of non-domestic rating (local government tax). She regularly appears for rate payers, local authorities and the valuation officer in the Valuation Tribunal, Upper Tribunal (Lands Chamber) and the Senior Courts, including in the recent landmark Divisional Court cases concerning empty rates (Makro, Kenya Aid, Digital Pipeline, Pall Mall and Public Health England – see cases below). One of her cases was for a football club and concerned the important issue of whether relegation from the Premier League can constitute a ‘material change of circumstances’ for rating purposes. She recently represented the ratepayer in a case concerning the valuation of museums (Hughes (VO) v. Tyne & Wear Museums and Archives [2022] UKUT 206 (LC)) and she represented the Valuation Officer in the leading case concerning the valuation of tenant’s fit-out works in commercial offices (Bunyan (VO) v. Acenden Limited [2023] UKUT 17 (LC).

Her cases of note in this field include:

  • Dawn Bunyan (VO) v. Acenden Limited [2023] UKUT 17 (LC) (the leading case on valuation of office fit-out)
  • Stephen Hughes (VO) v. Tyne & Wear Museums and Archives [2022] UKUT 206 (LC) UTLC
  • R (oao Secretary of State for Health, PHE) v. Harlow DC [2021] EWHC 909 (Admin)
  • Wigan Football Co Ltd v. Roberts (VO) [2019] RA 41
  • My Community Space v. Ipswich BC [2018] EWHC 3313 (Admin)
  • Student Union Lettings Ltd v. Leicester City Council [2018] RA 175
  • City of York Council v. Sykes (VO) [2017] UKUT 230 (LC)
  • South Kesteven DC v. Digital Pipeline Ltd [2016] EWHC 101 (Admin)
  • Sleekmade Ltd v. Sheffield City Council [2015] EWHC (Admin) (17 November 2015)
  • Pall Mall Investments (London) Ltd v. Gloucester City Council [2014] EWHC 2247 (Admin), [2014] PTSR 1184, [2014] RA 395
  • Lidl (Uk) GmbH v. Ryder (VO) [2014] RA 23
  • Kenya Aid Programme v. Sheffield City Council [2013] EWHC 54 (Admin) Div, [2014] QB
  • Makro Properties Limited v. Nuneaton & Bedworth BC [2012] EWHC 2250 (Admin)
  • Webster v. Yorkshire Water Services Ltd [2009] RA 317
  • Thames Water plc v. Peter Handcock (VO), Lands Tribunal, 16 September 2008
  • Baker (VO) v. Citibank NA [2007] RA 93

Jenny co-edited the main rating text book, Ryde on Rating and the Council Tax, for 20 years from 2003 to 2023 and she has edited the rating chapter in Atkins Court Forms and the Encyclopaedia of Forms and Precedents.

During her time as a solicitor, Jenny practised in the commercial and property litigation department of city firm, Stephenson Harwood, where she also had conduct of the firm’s rating practice. During that time, she worked on the law changing case of Benjamin (VO) v. Anston Properties (which led to the Government introducing the Rating (Valuation) Act 1999) and the case of Coventry & Solihull Waste Disposal Co v. Russell (VO) ([1999] 1 WLR 2093) in the House of Lords.

Public and Administrative

Jenny represents clients in public law matters relating to planning, the environment and non-domestic rating law. She is very experienced in all aspects of Judicial Review and frequently appears in the Senior Courts for claimants, defendants and interested parties. She also appears in injunction proceedings relating to protests. Recently she represented Government contractors and hotel owners in obtaining an injunction against anti asylum seeker protesters who were blocking access to a hotel.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Highways and Rights of Access

Local Government

Public Interest Litigation

Specialisms

Commercial/Retail

Development Consent Orders

Development Contribution: Section 106 and CIL

Green Belt

Heritage

Highways, Footpaths and Rights of Way

Infrastructure

Minerals and Waste

Neighbourhood Planning

Planning Appeals, Inquiries and Hearings

Planning Enforcement and Injunctions

Planning Judicial and Statutory Reviews

Residential

Transport Orders and Parliamentary Bills

Specialisms

Aarhus Convention and Environmental Justice

Air Quality

Climate Change and Emissions Trading

Ecology and Biodiversity

Energy

Environmental Assessment (Environmental Outcomes)

Habitats and Species

Pollution and Contaminated Land

Protection of the Countryside

Utilities

Waste

Water

Wildlife

Specialisms

Charitable Relief and other Exemptions

Collection and Enforcement Cases

Council Tax

Empty Properties

Non-Domestic Rates Litigation

Valuation Disputes

Specialisms

Energy and Utilities

High Court Planning

Highways and Public Rights of Access

Human Rights and Civil Liberties

Judicial Review

Local Government including Local Government Finance

Property Judicial Review

Public Inquiries and Inquests

Specialisms

Highways and Rights of Access

Local Government

Public Interest Litigation

"
Jenny Wigley is a force to be reckoned with. She is a formidable High Court advocate."

Chambers and Partners

Wigley Jenny Uk leading silk 2024 Women of Influence 2021

Qualifications and achievements

Qualifications

  • MA (Hons) (Cantab) (Jesus College, Cambridge)

Awards

  • The Planner’s Women of Influence for 2021

Memberships

  • Administrative Law Bar Association
  • Planning and Environmental Bar Association

Recommendations

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Kevin Squires New background

Kevin Squires

Senior Practice Manager

020 7421 1351

Jason Allen new

Jason Allen

Practice Manager

020 7421 1306

Noel Pudney new

Noel Pudney

Assistant Practice Manager

020 7421 1398

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