Isabella Buono

Planning

Isabella has a broad planning practice, covering a full range of court, inquiry and advisory work. She has experience of promoting and resisting complex schemes in sensitive locations, including London tall buildings and residential development in the Green Belt.

Isabella’s inquiry experience includes:

• Greenfield: Isabella has acted for appellants in a number of greenfield planning appeals, including Land off Spruce Close, Exeter (93 homes) and Land off Swanstree Avenue, Sittingbourne (135 homes), led by Zack Simons.
• Green Belt: Isabella acted for the successful appellant at a week-long inquiry into a residential scheme (47 homes) at Maitland Lodge, Billericay, led by Zack Simons.
• London tall buildings: Isabella acted for the appellant at a recent call-in inquiry into a mixed-use scheme (including 1,049 homes in buildings up to 18-storeys) on the B&Q site, Cricklewood, led by Sasha White KC. She acted for Hounslow LBC at the call-in inquiry for the Citroen site, Brentford (including 441 homes in buildings up to 18-storeys), led by Ed Grant.
• Compulsory purchase: Isabella acted for the acquiring authority and developer at a two-week inquiry into a compulsory purchase order for The Green, Southall, led by Zack Simons. The CPO is designed to facilitate strategic regeneration in the heart of Southall.
• Infrastructure: Isabella acted as sole counsel for the landowner, resisting an application made by Energy North West for a necessary wayleave on an industrial site at Waterswallows Lane, Buxton.
• Isabella also acted for successful appellants at a number of other planning inquiries, including BioPark, Welwyn Garden City (289 homes) and Rustington Golf Course, Angmering (linked appeals for 191 and 167 homes).

Isabella’s court experience includes:

• R (University Hospitals of Leicester NHS Trust) v Harborough District Council [2023] EWHC 263 (Admin): The first and leading case on section 106 contributions sought by NHS trusts for the provision of NHS services. Isabella acted for Leicestershire County Council, which had been granted planning permission for a mixed-use scheme in Lutterworth (including 2,750 homes), led by Zack Simons. The Trust’s challenge to the permission was dismissed following a two-day hearing in the High Court in December 2022.
• R (Soilleux) v Secretary of State [2023] EWHC 204 (Admin): A challenge to a planning permission granted in 2017 and to reserved matters approved under that permission in 2022, raising issues in relation to flood risk. The challenge was refused permission following a day-long hearing in February 2023. Isabella acted for the developer, led by Richard Turney.
• R (Tesco Stores Ltd) v Allerdale BC [2022] EWHC 2827 (Admin): A challenge to a grant of planning permission for a new Lidl store in Workington, Cumbria, focusing on the interpretation of relevant local plan policies. Isabella acted for Lidl, led by Sasha White KC. Tesco’s claim was dismissed following a hearing in the High Court in October 2022.
• As sole counsel, Isabella obtained an injunction to restrain the residential occupation of agricultural land and requiring the removal of caravans.

Isabella provides advice to clients at all stages of the planning process, from pre-app through to court challenge. Her recent instructions have covered a wide range of issues, including Lawful Development Certificates, Environmental Impact Assessments, Neighbourhood Plans, and Enforcement Notices. She has also:

• Drafted an objection to an application for planning permission for a commercial heliport on behalf of a major petrochemical company
• Made representations to the Information Commissioner’s Office on behalf of a land promoter, following a local planning authority’s failure to disclose information about its Regulation 18 Local Plan.

Public and Administrative

Isabella has been instructed as a junior in a number of claims for judicial review, acting for claimants, defendants and interested parties. This includes claims concerned with the funding of NHS trusts, the regulation of onshore fracking, and the compensation scheme for sub-postmasters affected by the Post Office Horizon scandal.

During her time as a Judicial Assistant at the Supreme Court, Isabella gained experience of a wide range of public law and human rights issues, including in:

• Heathrow Airport Ltd v Friends of the Earth [2020] UKSC 52 (on the Government’s approach to international climate change commitments when designating the Airports National Policy Statement).
• R (Begum) v Secretary of State for the Home Department [2021] UKSC 7 (on the rights of an individual deprived of British citizenship after traveling to Syria and aligning with ISIS).
• R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 (on the compatibility of the two-child benefit cap with articles 8 and 14 of the ECHR).
• R (AB) v Secretary of State for Justice [2021] UKSC 28 (on the compatibility of the solitary confinement of a child in custody with article 3 of the ECHR)
• Reference by the Attorney General and the Advocate General for Scotland – United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill [2021] UKSC 41 (on whether the UNCRC Bill was within the competence of the Scottish Parliament).
• R (Majera) v Secretary of State for the Home Department [2021] UJSC 46 (on the obligation of Government to comply with court orders, even if invalid on their face).
• R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 (on the compatibility of the Secretary of State’s policy not to grant gender-neutral passports with articles 8 and 14 of the ECHR).

Isabella has a particular interest in public law claims with a retained EU law dimension, having taught the undergraduate course in EU law at various colleges of the University of Cambridge over the last five years.  Before coming to the Bar, Isabella also spent a year as a Research Assistant at the Bingham Centre for the Rule of Law, where her work focused on the principal legislation which now governs the relationship between UK and EU law: the EU (Withdrawal) Act 2018. 

Environment

Isabella is building a broad environmental practice, covering Environmental Impact Assessment (EIA) and Habitats issues in particular.

She is currently acting for a number of farmers objecting to the revocation of their groundwater abstraction licences by the Environment Agency, led by Tim Mould KC.

Isabella gained experience of a range of environmental law matters during her time as a Judicial Assistant at the Supreme Court, including in:

• Heathrow Airport Ltd v Friends of the Earth [2020] UKSC 52 (on the Government’s approach to international climate change commitments when designating the Airports National Policy Statement)
• CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC [2021] UKSC 36 (on the application of the Aarhus costs cap when permission to bring an environmental challenge is refused).

Isabella has a particular interest in environmental cases with a retained EU law dimension, having taught the undergraduate course in EU law at various colleges of the University of Cambridge over the last five years. Before coming to the Bar, Isabella also spent a year as a Research Assistant at the Bingham Centre for the Rule of Law, where her work focused on the principal legislation which now governs the relationship between UK and EU law: the EU (Withdrawal) Act 2018.