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Planning

Tim Buley has a wide-ranging planning practice, with unrivalled experience at the junior bar in appearing in the Planning Court (17 full hearings in the last 3 years alone) and also appears at inquiries, hearings and other tribunals. Tim is widely recognised for his planning expertise in both Directories.

Tim’s notable recent and current work includes:

  • Parkhurst Road v SSCLG [2018] EWHC 991 (Admin), where Holgate J upheld the Secretary of State’s approach to the calculation of Benchmark Land Value and reaffirmed the principle that BLV should should be calculated so as to reflect the requirements of national and local policy to avoid circularity

  • Dillner [2016] Env LR 31, on the need for environmental impact assessment of the PFI agreement between the developer and Sheffield Council in relation to its impact on street trees. Tim was successful in defeating the claim and discharging the injunction

  • Holohan, CJEU, judgment pending, preliminary reference from Norther Ireland on extent of obligation to address “main alternatives studied” by a developer in an Environmental Statement.

  • Waterstone Estates [2017] EWHC 2922 (Admin), where Tim acted for the successful Welsh Government in its interpretation of Welsh national retail policy in Planning Policy Wales. Court of Appeal June 2018.

  • Giordiano, pending in the Admin Court, for the developer, concerning calculation of Community Infrastructure Levy (CIL).

  • Goodman Logistics [2017] JPL 1115, successfully defending refusal of planning permission for a Strategic Rail Freight Interchange in Slough

  • Acting for a developer resisting a challenge to planning permission for residential development in Croydon (Toogood v Croydon and Brick by Brick, pending)

  • Many cases relating to the calculation of 5 Year Housing Land Supply including Lichfield (permission for a 750 dwelling development), Gladman, Thornhill Estates, Cawrey Ltd and Cullen.

  • A number of significant cases concerning the interpretation of the National Planning Policy Framework including CEG Land (pending, “valued landscapes”), and Telford and Wrekin, 2016 (“restrictive” policies, presumption in favour of sustainable development, BMV land).

  • For a local resident’s group successfully judicially reviewing the grant of planning permission for residential development (Friends of Evenlode v West Oxfordshire DC).

  • Putney Bridge v SSCLG [2017] 3330 (Admin), CA pending autumn 2018, revocation of deemed advertising consents

  • O’Brien [2016] JPL 565, local authority powers to refuse to determine repeat planning applications under section 70C TCPA 1990.

  • For Camden Council in relation to major residential development in Swiss Cottage

  • A number of cases concerning the scope of permissions and “prior approvals” granted under the General Permitted Development Order (Pressland v Hammersmith and Fulham LBC, Orange PCS Ltd v Islington

Tim’s planning work complemented by his wider public and regulatory law experience (including matters such as public procurement for development projects, State Aid and public body land disposal), local government, environmental (including disposal), local government, environmental (including and EU law. It takes in environmental law matters such as habitats, environmental assessments, the impact of the Aarhus Convention, and costs) and EU law.

Specifically in relation to highways, rights of way and village greens, Tim has appeared in many of the notable recent cases:

  • R (Lancashire v SSEFRA) [2018] EWCA Civ 721, on whether the registration of a village green was incompatible with the statutory purposes for which that land is held by a local education authority.

  • R (Network Rail) v SSEFRA [2017] PTSR 1662, on diversion of a right of way to enable development precluded by a Grampian condition

  • Slough / Blandford Road North, common law dedication of right of way, public inquiry, High Court pending.

  • R (Ramblers) v SSEFRA [2017] EWHC 729, incompatibility of dedication of right of way of railway where incompatible with duty to maintain safe and efficient rail network

  • R (Newhaven Port and Properties Ltd) v DEFRA [2014] QB 282, whether creation of a village green incompatible with landowner’s property rights under Article 1 of the First Protocol to the ECHR