16 04 2024
Planning in Oxfordshire Conference - full presentation
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Before taking silk, Melissa was the top planning barrister under 35 for two years running, and top 3 as a senior junior. She is now among the highest rated planning silks in the country (Planning Magazine), described as “a brilliant advocate” (Legal 500).
Melissa is a committee member of the Planning and Environment Bar Association and elected Equality & Diversity Officer. She is on the organising committee for the JPLC Oxford Conference.
In 2023/24, Melissa has focused on promoting development at s.78 appeal and in the enforcement and CPO contexts. She secured planning permission for BoKlok (IKEA/Skanska partnership) for a residential development in Sussex, and secured planning permission for a scheme part within a Conservation Area for Esquire Developments in Kent. She represented the London Borough of Southwark in the important Dennis case, applying Hillside in relation to an outline planning permission.
Melissa’s planning expertise encompasses enforcement, representing clients at inquiry and in the High Court, including on case stated appeals.
Various inquiries concerning the retention of employment land where higher value uses are proposed. For example, the development of a hotel on employment land in Norwich; the development of a Circle promoted private hospital in Test Valley; and logistics development on sites allocated for other employment purposes.
Part of a team promoting significant mixed use development in Polegate, East Sussex.
Strategic advice to Norwich City Council as landowner in relation to the promotion of a major mixed use development in its area.
Repeat instructions from Sainsbury’s – including a rights of way inquiry to facilitate a store expansion on the Isle of Wight.
Melissa has attracted particular attention for her strength in promoting “tricky compulsory purchase orders”. She is interested in and enjoys CPO work, with notable success in relation to the recent successful promotion of the Aylesbury Estate CPO, a controversial estate regeneration scheme in Southwark. She is presently advising on other estate regeneration proposals. In addition to town and country planning CPOs, she has also advised in relation to CPOs under the Highways and Housing Acts. As part of her major CPO/planning inquiry work, Melissa was part of a team representing Schroders and Stanhope plc, objecting successfully to Croydon Council’s controversial proposals at the Croydon Gateway site.
Recent clients include:
Melissa has considerable experience of disputes relating to compulsory purchase compensation. She has been instructed in Lands Tribunal proceedings by the London Development Agency, Dover District Council, Essex County Council and Kent County Council, as well as by private individuals.
Her work has included detailed consideration of matters such as: valuation of the land
taken, compensation for severance, injurious affection and disturbance, mitigation, betterment, planning assumptions and the application of statutory disregards, Point Gourde (on which she has given talks to both public and private sector audiences) and costs.
She appeared in the Lands Tribunal in the following reported cases:
Much compensation work, of course, is directed to ensuring that settlement is achieved required, Melissa is happy to work with a team to achieve that outcome, providing sensible and timely advice.
Advice and representation in relation to local plans.
Melissa has appeared at numerous local plan examinations, for the most part as one of a team promoting the plan, but she has also appeared for objectors, including at the London Plan examination. Most recently, Melissa helped Westminster City Council with its City Plan examination, providing a blend of advice and representation.
Melissa has a longstanding interest in heritage planning, with considerable experience of London-based heritage work. Her major clients include The National Trust and the Mayor of London / Greater London Authority, but she is also happy to advise and represent much smaller organisations in relation to heritage matters. She has a particular affinity for and expertise in litigation concerning listed buildings and registered parks and gardens.
Melissa has knowledge and experience of major infrastructure projects from the perspective of both promoter and objector, giving her excellent insight into the key strategic, tactical and technical issues which often arise. Recent examples include:
Melissa is well versed in planning enforcement matters. She has frequently appeared at public inquiries in relation to s.174 appeals, concerning a wide range of development, from Gypsy sites, to stables for polo ponies, to residential development in a national park. She has had considerable success in dealing with enforcement notice prosecutions.
The majority of Melissa’s public/administrative law practice is linked to her other specialist practice areas.
Melissa has acted in the following cases:
Melissa has a particular expertise in the developing field of ESG – Environmental Social Governance, with a focus on corporate (and third sector) compliance. Melissa’s practice combines the necessary commercial, environmental and regulatory expertise which means she is well placed to offer specialist advocacy and advisory services in this area. Recent advice in this regard includes strategic advice to a major UK charity.
Melissa has a particular interest in the interrelationship of domestic and EU law, particularly post-Brexit. Given that interest, she has regularly conducted seminars addressing sustainability and environmental assessment, including the practical implications of Brexit, to private and public sector audiences
Melissa advises developers and local authorities in relation to the adequacy of assessments at both a strategic and site level.
Melissa advises on and appears in cases concerning public and administrative law matters, principally those with a planning/compulsory purchase focus.
Notable cases include:
Melissa is happy to provide practical advice in relation to the intersection of planning and property matters. Good recent examples include re overriding rights in the context of major redevelopment schemes, and mechanisms for delivery where land is in multiple ownership.
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.
Melissa is very tenacious, bright and effective."
Full Presentation
16 04 2024
Planning in Oxfordshire Conference - full presentation
news
12 02 2024
Meet our team in Cannes during MIPIM 2024
cases
17 01 2024
Planning Court hands down judgment in important case for drop-in planning permissions
news
24 10 2023
Melissa Murphy KC and Dr Ashley Bowes join Landmark Chambers
Melissa is a member of the following professional bodies:
Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.
