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Planning and Environmental Law

Tim has an extensive planning and environmental law practice, acting for commercial bodies, individuals, NGOs, and central and local government. He appears regularly for DCLG, DEFRA, DECC, the Welsh Government and the Environment Agency in a wide range of planning and environmental challenges in the High Court and Court of Appeal, as well as for bodies such as the Highways Agency and the MOD in planning inquiries and on land compensation matters. Major commercial clients have included JCDecaux (in relation to advertising consents), Fladgate LLP (in relation to residential and commercial development), Orange PCS Limited (telecommunications development), Legal and General Assurance Society Ltd (retail development), and Leeside International Ltd (in relation to compulsory purchase). Individual clients have included Mr Zeb in his challenge to alterations to the Warwickshire County Cricket Stadium. Tim has experience of the full range of planning and environmental work, including EIA and SEA, the Habitats Directive, rights of way and village greens, compulsory purchase, climate change, the Environmental Information Regulations, the Aarhus Convention, electricity generation (including nuclear, biofuels, and hydropower), and environmental permitting.  Tim’s work in this area also overlaps with his more general public law / regulatory practice, including public / property law crossover, the Crichel Down Rules and local government (click here for more details).

Notable recent and ongoing work includes:

  • Leading counsel for the Secretary of State in Jaytee Rainton LLP, a challenge to the Secretary of State’s decision on rival proposals for a Motorway Services Area
  • Advising the Ministry of Defence and Doncaster Airport on planning, land sale, and compensation issues arising from the conversion of airports from military to civilian use.
  • A number of notable statutory planning challenges in 2013 raising issues as to the legal validity of section 106 agreements (Westminster), the limits of enforcement powers by local authorities (Makanjuola) and agricultural diversification (Davies v Welsh Ministers).
  • Advising DEFRA, the Environment Agency, the Welsh Government and Natural Resources Wales on the implementation of the Water Framework Directive in relation to water abstraction for use in hydrower. Tim has separately advised the Environment Agency on other issues relating to hydropower, and acted for DEFRA in an earlier strategic challenge to its implementation of Framework Directive (R (World Wildlife Fund and ors v DEFRA).
  • Acting for DECC in a judicial review challenge to the implementation of the Energy Services and Energy Efficiency Directives.
  • Sole counsel for the Ministry of Defence in a judicial review of a decision to dispose of land by private treaty, raising issues of best value, State Aid and public procurement in the context of developing local plan policies.
  • Advising on the CRC Energy Efficiency Scheme.