Matthew Dale-Harris

Planning

Planning is Matthew’s principal area of practice and he represents all kinds of parties concerned with land use planning.

Matthew’s planning practice focuses on housing and infrastructure work (as well as CPO).

He has acted for a range of developers including national housebuilders such as Taylor Wimpey and land promoters like Catesby Estates as well as specialist and boutique developers like Optivo and Acorn Developments. He also has a busy practice working for local authorities and regularly appears in development management and enforcement appeals around the country. As panel counsel, he regularly acts for the DHLUHCdevelopers, local authorities and a range of other parties (including NGOs and statutory consultees).

Matthew assists the editors of the Planning Encyclopedia, for which he has provided contributions in relation to plans and plan-making, as well as plan-making, development control, enforcement, and infrastructure delivery.

He is also a contributor to Garner’s Environmental Law in relation to which he writes the chapter on Strategic Environmental Assessment) and is the editor of the Environment section of the Civil Court Practice 2019 (The Green Book). This reflects his particular interest in the environmental aspects of planning work in which respect he has worked on issues relating to EIA, SEA, land contamination, the Water Framework Directive and Habitats Directive.

See the tabs on the right for details of Matthew’s experience.

Compulsory Purchase and Compensation

Matthew has a strong compulsory purchase practice and acts for acquiring authorities, promoters and objectors.

Notable work includes:

• Southall, The Green CPO inquiry: acting for the Indian Workers Association as statutory objector to the Scheme raising issues around equalities assessment and the level of social and economic wellbeing benefits.
• Enfield Oakwood Lodge: advising the Council in relation to compensation issues including a certificate of appropriate alternative development.
• HS2: advising various landowners on compensation matters.
• Ealing Filmworks Scheme CPO: appeared for London Borough of Ealing (as Promoting Authority) on a ten day inquiry into a CPO brought forward to enable the Land Securities’ mixed use leisure, retail and commercial scheme to be built (with Neil King KC). Key issues included the benefits which the scheme would deliver and whether an alternative to the CPO had been properly considered.
• Brentford Football Stadium CPO Inquiry: appeared for First Industrial Ltd, statutory objectors to the Brentford Football Stadium CPO, over a nine-day inquiry (as junior to Neil King KC).

Matthew’s wider practice frequently involves issues of valuation (whether in the context of CPO, rates, leasehold enfranchisement, or commercial rent review).

Highways, Footpaths and Rights of Way

Matthew has a broad highways, footpath and village green practice and acts for surveying authorities, landowners and third parties.

Notable recent work includes:

• Worldham footpath modification order 27: Acting for the surveying authority on an appeal against the making of a DMMO.

• Lye Green TVG application: Acting for applicant for registration of a town and village green (“TVG”) over fields between the hamlet of Lye Green and Chesham.

• Claimed footpath from Stretton to the highway to the East of Bickford Grange Farm: Acting for the landowner objecting to a DMMO made by Staffordshire. Raises novel issues about the approach to historic evidence where inconsistent with a statutory declaration made under the National Parks and Access to Land Act 1949 (led by George Lawrence KC in High Court challenge to resolution to make DMMO).

• Gittisham No 7 Modification Order: Acting for landowner objecting to DMMO application.

• RE: Land at Tirmynydd Road, Three Crosses, Swansea: Acted for landowner objecting to application to register village green within village of Three Crosses.

Commercial/Retail

Matthew regularly acts and advises on commercial and retail issues including use class and permitted development issues as well as new schemes. He has particular expertise around distribution and data centre developments having acted and advised on a number of prominent schemes.

Notable recent work includes:

• NEXT distribution centre, Dowding Way, Epping. A new regional distribution hub next to the M25. Matt successfully defended the LPA’s refusal of permission.

• Several hyperscale datacentres in wider London area: Advising both local authorities and developers in relation to interpretation of planning policies, application of use classes and interrelation with Planning Act 2008 regime.
• Whitechapel Bell Foundry. A controversial redevelopment of a historic bell foundry in the East End of London to form a new hotel. Matthew acted (with Rupert Warren KC) for the objector, Reform Heritage.

Development Consent Orders

Matthew has a busy infrastructure practice. Notable recent work includes:

• A66 (Northern Trans-Pennine) Scheme advising National Highways (with other members of chambers) on examination documents
• A27 (Arundel Bypass) Scheme – advising and acting for National Highways on environmental information issues relating to the scheme
• Gatwick Airports Ltd – advising Gatwick as part of a team of Landmark Counsel on the Government’s Airports NPS.
• M25 Junction 10/A3 Wisley interchange - Advising landowners in relation to the DCO process and examination.

Development Contracts and Overage

Matthew is frequently asked to advise on development contractual issues and overage. He has also advised on statutory agreements with utility providers under s.38 of the Highways Act 1980 and s.104 of the Water Industry Act 1991.

Development Contribution: Section 106 and CIL

Matt frequently advises on all issues relating to section 106 contributions and CIL. This includes acting for local authorities in enforcement claims and advising developers and local authorities on CIL liability.

Development Plans and other planning policy

Matthew is regularly instructed in relation to the development of planning policy including appearing for developers and objectors at examinations in public.

He has also been involved in a number of challenges to plans and is currently instructed (with Matt Reed KC) on the promotion of the London Borough of Enfield’s new Local Plan.

Energy

Matt often advises and acts on energy matters. Recent highlights include:

• A major offshore wind farm - Advice (with David Elvin KC) on the continuing operation of a long established windfarm
• Loxley well-site - Advising and acting for onshore hydrocarbon extractors in Surrey, including on appeal and in the High Court (with David Elvin KC).
• North Yorkshire Minerals and Waste Plan - Appearing for Friends of the Earth at a number of hearings relating to fracking
• A hyperscale datacentre – advising on the application of the Planning Act 2008 to energy generators required for a datacentre.
• Westbury Energy from Waste Incinerator. An appeal against refusal of a major EfW incinerator in Wiltshire (led by David Elvin KC).

Heritage

Matthew is a specialist in heritage related matters. Notable highlights include:

• Anglia Square, Norwich – acted for Save Britain’s Heritage on a successful Rule 6 objection to a tall building scheme in the historic centre of Norwich.
• Roman Quarter Project, York – advised the developer on a mixed use redevelopment in York town centre involving the controversial excavation of Roman strata below the city and creation of a new archaeological attraction
• Whitechapel Bell Foundry. A controversial redevelopment of a historic bell foundry in the East End of London. Matthew acted (with Rupert Warren KC) for the objector, Reform Heritage.
• Hulton Park, Bolton. The redevelopment of a Grade II registered park and garden in the Bolton Green Belt to provide a championship standard golf course capable of winning a bid for the 2031 Ryder Cup along with up to 1,036 dwellings.

Infrastructure

In addition to his Planning Act 2008 work (listed under the DCO tab above) Matthew has also acted in relation to HS2 compensation and delivery questions, including advising contractors on the application of the Water Framework Directive.

He has recently acted for the Ministry of Justice on appeals seeking permission for:

• A new “super-prison” at HMP Grendon
• A specialist Women’s Residential Centre in Swansea.

He is also often instructed in relation to harbours, and water infrastructure issues. Including by harbour authorities and the MMO. See Environment tabs.

Minerals and Waste

Matthew regularly act on minerals and waste matters. Recent highlights include:

• Westbury Energy from Waste Incinerator. A successful appeal against refusal of a major EfW incinerator in Wiltshire (led by David Elvin KC)
• Horsham EfW – Advising MPA in relation to legal controls over the consumption of feedstock at a new EfW.
• Loxwood Clay Pits – Acting for the MPA on an appeal (withdrawn before determination) seeking permission for clay quarrying as well as recycling and landfill.
• North Yorkshire Minerals and Waste Plan - Appearing for Friends of the Earth at a number of hearings relating to fracking.

Planning Appeals, Inquiries and Hearings

As set out in other tabs, Matthew is a busy planning specialist and has acted on all kinds of appeals from written representation householder cases to inquiries of up to six weeks in length. He also acts for all kinds of participant including developers, local authorities, R6 objectors (national or local) and statutory consultees.

Planning Crime

In addition to the enforcement matters discussed in the tab below, Matthew is regularly instructed in relation to planning prosecutions. These include not only prosecutions for breach of enforcement notice or planning contravention notice (for prosecuting authorities and defendants) but also other powers. Recent highlights include:

• Acting for an authority on a series of s.215 TCPA 1990 notices – re breaches of amenity.
• Acting for a defendant facing committal for contempt of court.
• Acting for defendants on POCA applications.

Planning Enforcement and Injunctions

In addition to planning prosecution work, discussed on the relevant tab, Matthew regularly advises on enforcement and injunction cases. He also acts on enforcement appeals. Recent cases include:

• “Bed in shed” developments in the London area – for both LPAs and landowners
• Acting for an LPA on a major appeal in relation to unlawful formation of bunds and mounds in a SSSI in Essex.
• Acting for an LPA on an appeal in relation to an unlawful caravan storage park (and associated development).

Planning Judicial and Statutory Reviews

Matthew has a busy high court practice. Recent notable cases include:

• Protect Dunsfold Ltd v SSLUHC [2023] EWHC 1854 (Admin): acted for developer on challenge to on-shore gas exploration project (with David Elvin KC)
• R(Asda) v LB Enfield (CO/4868/2022): Acted for Council on challenge to grant of permission on procedural fairness grounds.
• R(Harris) v Environment Agency [2022] EWHC 2264 (Admin); [2022] P.T.S.R. 1751: Acted for EA on challenge raisin
• R(Save North St Albans Green Belt) v St Albans DC [2022] EWHC 2087 (Admin):
• R(Buckinghamshire County Council) v Secretaries of State for Transport and for Levelling Up, Housing and Communities [2022] EWHC 1923:
• Vanbrugh Court Residents’ Association v LB Lambeth [2022] EWHC 1207 (Admin):
• R(Tarian Hafren Severn Shield Cyf) v Marine Management Organisation [2022] EWHC 683 (Admin).

Green Belt

As a barrister with a busy residential practice (see further tab) Matthew is often instructed to advise on and act in relation to Green Belt cases. Notable highlights include:

• Hulton Park, Bolton. The redevelopment of a Grade II registered park and garden in the Bolton Green Belt to provide a championship standard golf course capable of winning a bid for the 2031 Ryder Cup along with up to 1,036 dwellings.
• NEXT distribution centre, Dowding Way, Epping. A new regional distribution hub in the Green Belt next to the M25. Matt successfully defended the LPA’s refusal of permission.

Neighbourhood Planning

Matthew has a broad highways, footpath and village green practice and acts for surveying authorities, landowners and third parties.

Residential

Matthew’s planning practice focuses on housing work.

He has acted for a range of developers including national housebuilders such as Taylor Wimpey and land promoters like Catesby Estates as well as specialist and boutique developers like Optivo and Acorn Developments. He also has a busy practice working for local authorities.

Some of the schemes Matt is currently or has recently been instructed on (in relation to the planning application, planning appeal, CPO and/or legal challenge stages) include:

• Wisley New Settlement. Appeal for Taylor Wimpey against non-determination of application 1,730 home development in Surrey on the Former Wisley Airfield (with James Maurici KC)
• Hulton Park, Bolton. The redevelopment of a Grade II registered park and garden in the Bolton Green Belt to provide a championship standard golf course capable of winning a bid for the 2031 Ryder Cup along with up to 1,036 dwellings.
• Whitfield Urban Extension, Dover. A major urban extension for the development of up to 6,750 homes (with David Elvin KC).
• Capital House, Southwark. Redevelopment in the immediate context of the Shard and Guy’s Hospital to provide a 39-storey building housing up to 905 student accommodation units (with Russell Harris KC).
• Land north of Flitch Way, Braintree. A 120 unit scheme on the edge of Braintree, Essex. Matthew acted for the successful developer.
• Roman Quarter Project, York. A mixed use redevelopment in York town centre involving the controversial excavation of Roman strata below the city and creation of a new archaeological attraction.

Environment

Matthew is an environmental specialist and much of his practice turns on issues such as habitats, water and the countryside. He is the editor of the Environment section of the Civil Court Practice (The Green Book).

Notable recent work includes:

• Acting (with David Elvin KC) for Northacre Renewable Energy on an appeal against non-determination of their application for permission for a new energy from waste plan in Wiltshire. The issues include the risk of airbourne ‘taint’ to nearby sensitive businesses.
• Acting for South West Water on applications for drought permits in Devon and Cornwall following the exceptionally dry summer of 2022.
• Acting for the Environment Agency in an ongoing challenge to their decision-making in respect of water abstraction licences affecting the Norfolk Broads SAC and SPAs (Harris v Environment Agency [2022] EWHC 2264 (Admin)
• Successfully acting for the Moorlands Association on a challenge to the Grass etc. Burning (England) Regulations 2021: (R(Wild Justice) v SSEFRA [2021] EWHC 3344 (Admin))
• Acting for an appellant farmer in an appeal against a water abstraction licence granted subject to restrictive conditions: Cockburn v EA (original decision quashed on application to High Court in CO/2491/2022, pending redetermination)
• Successfully acting (with Sasha Blackmore) for the MMO in defence of its decision to grant marine licences for Hinckley Point C (Tarfen Hafren Severn Shield cyf v MMO [2022] EWHC 683)
• Ongoing advice for the British Association of Shooting and Conservation and National Gamekeepers Association in relation to the general licences for control of wild birds.
• Successfully appearing (led by David Elvin KC) for BASC and others in Wild Justice v Natural Resources Wales [2021] EWHC 35 (Admin)
• Advising Gatwick Airport (with others) in relation to the Airports Commission process and Northern Runway DCO.

See the specialism tabs for further cases and information.

Aarhus Convention and Environmental Justice

Matthew is very familiar with the Aarhus Convention and domestic costs rules. He regularly advises and acts on issues related to them.

Air Quality

Matthew has advised on air quality issues including national management, local AQMAs, and in relation to specific appeals including housing, energy from waste development, airports and road-schemes.

He also has substantial expertise in the cross-over between air quality and habitats issues – in particular ammonia and other sources of nitrogen deposition and acidification.

Climate Change and Emissions Trading

Matthew has worked extensively on carbon and sustainability issues in relation to development proposals including energy from waste and other energy infrastructure (including renewable schemes), housing, road and airport infrastructure.

Ecology and Biodiversity

Much of Matthew’s work concerns ecology and biodiversity work. In addition to dealing with planning issues like biodiversity net gain, or species licensing, he has been instructed by farmers, NGOs, water companies and the Environment Agency in relation to water and nutrient neutrality issues and was sole counsel for the Agency in the important case of Harris v Environment Agency [2022] EWHC 2264 (Admin).

Energy

Matt often advises and acts on energy matters. Recent highlights include:

• A major offshore wind farm - Advice (with David Elvin KC) on the continuing operation of a long established windfarm
• Loxley well-site - Advising and acting for onshore hydrocarbon extractors in Surrey, including on appeal and in the High Court (with David Elvin KC).
• North Yorkshire Minerals and Waste Plan - Appearing for Friends of the Earth at a number of hearings relating to fracking
• A hyperscale datacentre – advising on the application of the Planning Act 2008 to energy generators required for a datacentre.
• Westbury Energy from Waste Incinerator. An appeal against refusal of a major EfW incinerator in Wiltshire (led by David Elvin KC).

Environmental Assessment (Environmental Outcomes)

Matthew is very experienced in advising on environmental assessment issues. Particularly in the field of planning including plan-making.

Environmental Enforcement

Matthew acts for the Environment Agency and operators on enforcement matters relating to permits, environmental damage and the control of operations in and around SSSIs.

Environmental information

Matthew is experienced in environmental information matters and acts and advises at all stages of EIR requests including before the ICO and on appeal to the FTT and UT.

Environmental Regulation

Matthew regularly deals with permitting and wider environmental regulation issues including environmental damage enforcement. He acts for operators and interested parties (including NGOs) and has advised and acted in relation to IED regulated facilities in both England and Wales, including in relation to the application of BAT and derogation. He has also advised on intensive farming permits as well as those for water treatment plants and other facilities.

Habitats and Species

Matthew is a specialist in habitats law. In frequently advises on water and nutrient neutrality issues as well as other matters. He acts for all stakeholders. Recent examples include:

• Appearing as sole counsel for the Agency in the leading case of Harris v Environment Agency [2022] EWHC 2264 (Admin) (scope of Regulation 9 of the Habs Regs and application of Article 6(2) post Brexit)
• Advising and acting for BASC and other game shooting organisations in relation to litigation brought by Wild Justice seeking greater regulation of pheasant and red-legged partridge.
• Acting for activists and NGOs in relation to Wye Valley nutrient issues.
• Acting for farmers on appeals against refusal of water abstraction licences in the Wye Valley and elsewhere.

Nuisance

Matthew advises on nuisance matters including statutory and common law claims. Issues dealt with previously include noise, smell and water ingress.

Pollution and Contaminated Land

Matt regularly advises on issues around pollution control and contaminated land. His advice has included issues under Part IIA of the Environmental Protection Act 1990 including in relation to liability and apportionment for the clean-up of sites.

Protection of the Countryside

Much of Matthew’s work concerns countryside protection. He is an author of chambers’ book on AONBs and National Parks and, in addition to his planning work, he frequently advises and acts on access to the countryside matters (see tab under Property Work).

Utilities

Matthew is familiar with utilities work as part of his wider infrastructure practice. Recent experience includes dealing with permits for marine works for power cables to offshore development and hyperscale data centres.

Waste

Matt has significant expertise in waste planning matters. He acts for developers including on EfW proposals such as the Westbury EfW (permitted 2023 on appeal) as well as WPAs. He also advises the Environment Agency in relation to waste control and permitting matters.

Water

Matthew has a particular expertise in water law and regularly advises and acts for the Environment Agency, water companies, harbour authorities, the MMO and internal drainage boards, as well as farmers, landowners and NGOs.

Recent and ongoing work includes:

• Advising a nominated undertaker under the HS2 Act in relation to Water Framework Directive issues (with James Maurici KC)Applications under s.79A of the Water Resources Act 1991 for drought permit orders in Cornwall and Devon for South West Water
• Acting for the Environment Agency in relation ongoing challenge to their decision-making in respect of water abstraction licences affecting the Norfolk Broads SAC and SPAs. See Harris v Environment Agency [2022] EWHC 2264 (Admin).
• Acting (with Richard Turney) for the Environment Agency in successfully resisting a challenge to the Agency’s Regulatory Position Statement in respect of the Farming Rules for Water: R (Water UK) v EA (CO/3681/2021)
• Acting for an appellant farmer in an appeal against a water abstraction licence granted subject to restrictive conditions: Cockburn v EA (original decision quashed on application to High Court in CO/2491/2022, pending redetermination)
• Advising and acting for applicant in early stages of Bernel v Canal & River Trust [2021] EWHC 16 (Ch).

Wildlife

Matthew has specific expertise in the protection of wildlife, the regulation of countryside sports and the control of pest species. He has advised environmental charities as well farmers, wild birding groups and representative bodies like the Countryside Alliance, National Gamekeepers Organisation, Moorlands Association and British Association of Shooting and Conservation in relation to gamebird regulation and controls.

He acted (led by David Elvin KC) for BASC and others in Wild Justice v Natural Resources Wales [2021] Env. L.R. 24 a challenge to decision of NRW to grant a general licence for the control of specified species of pest birds.

Property

Matthew’s property work relates closely to his planning and environmental practice and includes:

• Disputes in respect of s106 agreements;
• Proceedings in respect of nuisance and trespass arising out of the development of land;
• Rights of light and restrictive covenants;
• Public sector land transactions;
• Disputes arising out of development or overage agreements where planning issues arise.

He also has experience of general property litigation in the county courts and tribunals.

Restrictive Covenants

Matthew regularly advises in relation to restrictive covenants where they impact on development rights, including in relation to applications under s.84 of the Law of Property Act 1925.

Riparian Rights, Watercourses and Harbours

Matthew has been involved in a wide range of cases involving watercourses and harbours, including Bernel v Canal and River Trust ; R. (on the application of Bembridge Harbour Trust) v Bembridge Harbour Improvement Co Ltd [2023] EWHC 1185 (Admin) and R. (on the application of Bembridge Harbour Trust) v Isle of Wight Council [2021] EWHC 2605 (Admin) (see further Water tab under Environment section). He regularly advises Harbour Authorities in relation to their powers under the general permitted development order and other local government issues faced.

Village Greens, Commons and Manorial Rights

Matthew regularly advises on and acts in relation to village green and common law matters. He has appeared for landowners and applicants at village green inquiries and applications to designate assets of community value.

Public and Administrative

Matthew has wide experience in public law where it concerns land use and the environment and accepts instructions across a wide range of areas. He also frequently acts and advises on wider local government issues and is familiar with European Law questions as well as the operation of the Human Rights Act and Convention.

He is on the Government’s C Panel of Counsel and regularly acts for DHLUCH, DEFRA, the Environment Agency and Marine Management Organisation.

In addition to the specialism tabs listed here, please see his specialisms in Planning and Environment.

Highways and Public Rights of Access

Matthew has a busy highways and public rights of way practice and, in addition to his advisory work, frequently appears for land owning objectors as well as local interest groups at inquiries under the Wildlife and Countryside 1981 Act. He also has wide experience in the exercise of highways powers including stopping up orders, works agreements, new street orders and disputes around adoption and ransom.

On PROWs, he has appeared in the High Court and at a number of DMMO inquiries.

In addition to his public rights work, Matt regularly advises and acts on private rights of way issues and in relation to restrictive covenants.

Cross-practice

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.

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