News
15 07 2022
Court of Appeal rules on application of Natural England's nutrient neutrality guidance - R…
0
He has also appeared in the European Court of Human Rights, the Court of Justice of the European Union and the Court of Appeal and Court of Final Appeal in Hong Kong. Before taking silk, David was a member of what is now the “A Panel” of Treasury Counsel. He is called to the Bar of Northern Ireland and appears before the NI Courts and the Planning Appeals Commission.
David appears frequently in court and at inquiries at all levels and provides advisory and advocacy services for a wide range of clients, private and public. During his time as Treasury Panel counsel, he appeared in many planning and public law cases and acted for a wide range of government departments and bodies. As well advising and representing private and commercial clients he has continued to act for central and local government, regulators and other and public bodies both in England & Wales and in Northern Ireland since taking silk.
David also sits as a Deputy High Court Judge in the KBD (Admin and Planning Courts and London Circuit Commercial Court) and as a Recorder in the Crown Court as well as an arbitrator, expert and mediator.
He is a Bencher of the Middle Temple.
David’s practice began in property law which expanded while a junior to include planning, environment and public law. He still undertakes property work, most frequently that closely related to public law issues and planning e.g. easements and covenants, electricity wayleaves, the statutory overriding and discharge of third party rights, compulsory purchase and compensation, countryside, agricultural and wildlife issues as well as trespass and protest cases (most recently the litigation against Insulate Britain).
Planning and environmental work covers a wide range of planning work including housing, commercial, heritage, ecology, infrastructure, climate change, energy, minerals and waste and local plans and David has been particularly involved in waste, energy, environmental assessment and habitats issues recently (including nutrient neutrality). Public law work includes compulsory purchase and compensation, highways and public rights of way, local government law and disputes over electricity wayleaves and easements.
Recent cases include R. (Wyatt) v Fareham BC [2023] Env LR 14 (habitats and nutrient neutrality), R (Finch) v Surrey CC [2022] PTSR 958 (Supreme Court pending) (EIA and “downstream” effects), Arnold White Estates Ltd v Forestry Commission [2023] PTSR 242 (interrelationship between planning and forestry felling licences), Jones v MOD [2022] Env LR 13 (noise nuisance claim against RAF fast jet training), Secretary of State for Transport v Curzon Park Ltd [2021] PTSR 1560 (HS2 CPO compensation – certificates of appropriate alternative development – Supreme Court judgment pending), National Highways Ltd v Springorum [2022] EWHC 205 (QB) (committals for breaches of injunctions preventing highways trespass), Wild Justice v Natural Resources Wales [2021] Env LR 24 (wildlife licensing), Southwark LBC v. Transport for London [2020] AC 914 (vesting of London strategic highways) and Canterbury CC v Secretary of State [2019] JPL 1321 (habitats mitigation following People over Wind).
Recent major inquiries: promoting the City of York Local Plan at examination (2019-23), Whitechapel Bell Foundry (restoration and reuse of heritage assets) (2020/21), Northacre Energy from Waste Facility (2022/3) (energy from waste plan in Wiltshire) and Loxley Exploratory Gas Well, Dunsfold (2021-2) and opposing the Barking Vicarage Fields CPO (unviable town centre CPO) (2022),
Planning and environmental work covers a wide range of planning work including housing, commercial, heritage, ecology, infrastructure, climate change, energy, minerals and waste and local plans and David has been particularly involved in waste, energy, environmental assessment and habitats issues recently (including nutrient neutrality).
'David's particular strengths are his advocacy skills. One knows when instructing him that one has an excellent advocate on their team who can be relied on to deliver a first rate service for the client. He delivers incredibly clear, concise and commercial; advice. He is incredibly bright but also down to earth and a joy to work with.' - Legal 500
David's planning and environmental work covers a wide range of planning work including housing, commercial, heritage, ecology, infrastructure, climate change, energy, minerals and waste and local plans and David has been particularly involved in waste, energy, environmental assessment and habitats issues recently (including nutrient neutrality).
He specialises in judicial reviews involving planning, infrastructure and property. David is well known for his handling of public inquiries relating to planning and development.
"As planning silks go, he is top of the tree. A brilliant brain and good to work with." Chambers and Partners
David’s practice began in property law which expanded while a junior to include planning, environment and public law. He still undertakes property work, most frequently that closely related to public law issues and planning e.g. easements and covenants, electricity wayleaves, the statutory overriding and discharge of third party rights, compulsory purchase and compensation, countryside, agricultural and wildlife issues as well as trespass and protest cases (most recently the litigation against Insulate Britain).
"Formidable and a go-to person on the complex legal issues providing clear commercial advice. He is a very impressive advocate." Chambers and Partners
David's public law work includes compulsory purchase and compensation, highways and public rights of way, local government law and disputes over electricity wayleaves and easements. He represents public bodies and private clients in contentious and non-contentious administrative law matters. He is well known for his handling of public inquiries relating to planning and development.
"David has a fabulously broad practice, so he draws upon experience from lots of different judicial reviews." Chambers and Partners
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.
David is one of the outstanding intellects in the field. He has the mental capacity to take on multiple complex mandates and performs to the highest possible standard.” "[A] go-to person on the complex legal issues providing clear commercial advice. … a very impressive advocate."
News
15 07 2022
Court of Appeal rules on application of Natural England's nutrient neutrality guidance - R…
Read more
News
10 08 2022
Supreme Court to review EIA and downstream effects - R (Finch) v Surrey CC [2022] PTSR 958…
Read more
News
21 04 2023
Secretary of State for Transport v Curzon Park Limited and others (SC/2021/0120)
Read more
News
17 05 2021
Secretary of State approves proposals for the former Whitechapel Bell Foundry
Read more
News
22 02 2023
Planning permission granted on appeal for Wiltshire Energy from Waste facility
Read more
Cases
High Court dismisses challenge to on-shore gas exploration project
Read more
News
12 10 2022
Inspector refuses to confirm Barking town centre CPO
Read more
Planning High Court Challenges - webinar series - Part 1
Land Use Conference 2023
News
18 09 2023
High Court dismisses environmental challenge to Islandmagee natural gas storage caverns
Read more
News
11 08 2023
Compulsory purchase; Supreme Court rules on Certificates of Appropriate Alternative Development
Read more
News
04 07 2023
Landmark's David Elvin KC is speaking at The Compulsory Purchase Association's National…
Read more
News
16 06 2023
Planning Magazine’s Law Survey 2023 features 36 Landmark barristers
Read more
News
06 03 2023
Permission granted in joined legal challenges to exploratory gas well in Surrey
Read more
Webinar series - Water Management - Part 2: Nutrients: Water, Pollution and Housebuilding
Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.
