Planning High Court Challenges - Part 2
David regularly appears in the Planning and Administrative Courts, the Lands Chamber and at public inquiry and advises major players in his areas of expertise including large metropolitan and county councils, commercial developers and landowners and some of the main environmental NGOs as well as individuals and community groups.
He has “taken on a number of eye-catching planning cases in recent years”: Chambers and Partners 2023 and has wide ranging experience of acting on large scale housing, infrastructure, minerals, waste and commercial developments, in local plan examinations and in CIL and s.106 (including affordable housing) disputes. Recent work includes acting for the developer of a strategic rail freight interchange in Radlett, for a Manchester authority on major housing developments and the area action plan for Old Trafford, for Islington in promoting the Islington Local Plan and in its long running dispute with Ocado, for Kent on £multi-million s.106 and overage disputes; and for a major landowner in a £multi-million planning contractual dispute.
He is a “renowned local government silk with extensive expertise across a plethora of public and environmental law issues”: Chambers and Partners 2023. His local government work includes land assembly for development including CPO and associated contractual and compensation disputes; s.123 compliance issues; securing and enforcing s.106 contributions and advising on local authority powers, finance and reorganisations – “routinely acting as lead counsel for public authorities in high stakes vires disputes”: Chambers and Partners 2023. He has advised on and acted in substantial highway disputes between landowners/developers and local authorities and has acted for local authorities in some of the main protest cases including St Pauls.
In rating he “has a rare ability to cut through complex rating law questions and get to the crux of the issue at hand”: Chambers and Partners 2023. He was advocate to the Supreme Court in Mazars, acted for Exeter in the seminal RAMM case and is acting for Ludgate House in its ongoing dispute concerning guardianship schemes. He has acted in some of the most value significant valuation cases in recent years and is acting in a number of HS2 compensation claims.
His environmental work covers water law (recent work includes on nutrient neutrality, biosolids on land; provision of water infrastructure for major developments and abstraction licence breaches); waste law (advising various county councils on EFW plants and DEFRA on failed PFI waste schemes); SPAs/SACs – including acting for the RSPB in major inquiries and public law challenges; noise and pollution – in noise injunction claims and resisting development on noise, AQMP and pollution grounds.
His cases often include highly technical scientific or valuation issues and he is fortunate to have acted for government (HSE, DEFRA) , NGOs and the private sector with leading experts in test cases on technical matters related to climate change, water and air pollution, development viability including affordable housing and risks from major hazard installations.
David regularly appears in planning related challenges in the Courts, and has a wide-ranging planning practice covering infrastructure and housing with a particular expertise on valuation issues relating to viability including affordable housing and other contributions.
Recent inquiries:
Examinations:
David promoted the Islington Local Plan and AAPs (Sept 2021). He is currently promoting the Old Trafford AAP (April 2022). He acted for developers successfully challenging the legality and soundness of the St Alban’s Local Plan.
Important cases include:
Recommendations:
David regularly advises and acts in relation to CPOs and has a particular specialism in substantial compensation claims and valuation issues having acted in a number of £multi-million claims in the last three years.
He acted for landowners objecting to the proposed CPO in relation to the Newport M4 Corridor; for a supermarket operator objecting to a highways CPO; and for a City Council in respect of implementation of a CPO. He advised objectors to the Ponders End and Brent X CPOs and appeared for Sainsbury’s in the Croydon CPO. He acted for the landowner in the challenge to the Swindon CPO and for the SoS in the defence of the Margate regeneration CPO: Margate Town Centre Regeneration Ltd v. Secretary of State [2013] EWCA Civ 1178.
David’s practice covers the full range of environmental law issues, often raising novel and important legal points and requiring detailed consideration of, and cross examination on, complex scientific material.
Recommendations:
Notable cases include:
He regularly advises NGOs and local authorities on the SPAs/SACs (Kent County Council, Herefordshire County Council, Bournemouth Christchurch and Poole); and is acting for the Royal Horticultural Society in respect of a major new road junction affecting an SPA/SAC near its Wisley HQ.
David’s public law practice is focused on environmental, planning and local government challenges. In addition to those core areas:
Recommendations:
David acts for many of the major local authorities (City Councils, County Council and London authorities). His practice involves advising on, and appearing in cases concerning, local government powers, decision making, landholdings, revenue maximisation and reorganisation.
Recommendations:
Notable work:
He recently acted for Cheshire East in £multi-million claim related to rights to cross council land for development [2021/2]; for Islington in the first case on the revocation of CLEUDs for misinformation (2021) and on the challenge to PD rights for retail to residential (2021).
In recent years, David has acted acts for ratepayers and local authorities on a number of high value and significant rating cases:
He has advised various farmers on agricultural exemptions and the owners of a large building in London on applicable exemptions. He is advising several authorities on maximising income from rates and the correct approach to rate mitigation schemes.
He has a particular expertise in valuation issues and regularly cross examines on viability appraisals in the planning and other contexts.
Recommendations:
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.
Compulsory Purchase and Compensation
Development Contribution: Section 106 and CIL
Development Plans and other planning policy
Energy
Environment
Green Belt
Heritage
Highways, Footpaths and Rights of Way
Infrastructure
Marine Planning and Harbour Orders
Minerals and Waste
Planning Appeals, Inquiries and Hearings
Planning Enforcement and Injunctions
Planning Judicial and Statutory Reviews
Residential
Air Quality
Climate Change and Emissions Trading
Energy
Environmental Assessment (Environmental Outcomes)
Environmental Regulation
Habitats and Species
Pollution and Contaminated Land
Protection of the Countryside
Utilities
Waste
Water
Wildlife
Local Authority
Energy and Utilities
High Court Planning
Highways and Public Rights of Access
Judicial Review
Local Government including Local Government Finance
Property Judicial Review
Charitable Relief and other Exemptions
Collection and Enforcement Cases
Council Tax
Empty Properties
Non-Domestic Rates Litigation
Valuation Disputes
Energy
Local Government
Public Interest Litigation
Telecommunications
David is extremely accessible and very responsive. His strategic thinking on projects is invaluable. He provides sensible and pragmatic advice and has an easy manner."
Planning High Court Challenges - Part 2
David Forsdick KC, Jenny Wigley KC (Joint Head of Chambers), Dan Kolinsky KC, Siân McGibbon, Nicholas Grant, and Alex Shattock
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Annual Rating Conference 2023
Jenny Wigley KC (Joint Head of Chambers), David Forsdick KC, Timothy Morshead KC, Dan Kolinsky KC, Galina Ward KC, Julia Smyth, Jacqueline Lean, Luke Wilcox, and Evie Barden
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16 10 2023
Landmark planning barristers appear in seven of the top ten planning decisions of the summer
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Land Use Conference 2023
The Rt. Hon. Lord Carnwath of Notting Hill, David Elvin KC, David Holland KC (Joint Head of Chambers), Jenny Wigley KC (Joint Head of Chambers), Paul Brown KC, David Forsdick…
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16 06 2023
Planning Magazine’s Law Survey 2023 features 36 Landmark barristers
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Annual Rating Conference 2022
Timothy Morshead KC, David Forsdick KC, Luke Wilcox, Tim Mould KC, Katharine Elliot, Admas Habteslasie, Dan Kolinsky KC, Galina Ward KC, Katherine Traynor, and Jenny Wigley…
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Annual Rating Conference 2022
Jenny Wigley KC (Joint Head of Chambers), Timothy Morshead KC, David Forsdick KC, Dan Kolinsky KC, Tim Mould KC, Galina Ward KC, Jacqueline Lean, Luke Wilcox, Katharine…
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News
01 11 2022
Permission refused for quarry extension in the AONB
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Rating and Valuation, Chambers and Partners, 2024
Local Government, Chambers and Partners, 2024
Planning, Chambers and Partners, 2024
Local Government (including Rating Law), Legal 500, 2024
Local Government, Chambers and Partners, 2023
Rating and Valuation, Chambers and Partners, 2023
Local Government, Legal 500, 2023
Planning, Legal 500, 2023
Environment, Legal 500, 2023
Rating and Valuation, Chambers and Partners, 2022
Environment, Chambers and Partners, 2022
Local Government, Chambers and Partners, 2022
Planning, Chambers and Partners, 2022
Planning, Chambers and Partners, 2022
Local Government, Legal 500, 2022
Environment, Legal 500, 2022
Planning, Legal 500, 2022
Environment, Chambers and Partners, 2021
Local Government, Chambers and Partners, 2021
Planning, Chambers and Partners, 2021
Rating and Valuation, Chambers and Partners, 2021
Environment, Chambers and Partners, 2020
Local Government, Chambers and Partners, 2020
Planning, Chambers and Partners, 2020
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