Richard Turney

Planning

Richard has a “great reputation for his regular court and inquiry appearances tackling statutory challenges, judicial reviews and criminal or environmentally implicated planning cases” (Chambers and Partners).

He has an extensive advisory practice, and covers all types of development from the very largest infrastructure schemes to the smallest household developments. For five years he was ranked in the top five juniors under 35 years old in Planning Magazine, and is now ranked as the number one planning junior at the Bar.

Commercial/Retail

Richard has acted for the developers of various retail and commercial developments, including promoting a “local centre” in Nottinghamshire and acting on retail-led CPOs in Derbyshire, Sunderland and Croydon.

He acted for the Nishkam School Trust in defending their planning permission for a new faith-based Free School in Hounslow. He has acted for hotel operators, restauranteurs and publicans. He has appeared in a number of cases relating to the redevelopment of public houses, and in particular the designation of such premises as Assets of Community Value under the Localism Act 2011.

Compulsory Purchase and Compensation

CPO and regeneration

Richard has advised on some of the largest London regeneration schemes in recent years.

Notably, he acted for the London Borough of Hammersmith and Fulham on the Earls Court regeneration scheme (led by Russell Harris KC) which is expected to deliver around 7,500 new homes. Since 2013, Richard has been acting for the London Borough of Croydon on the £1.4bn Whitgift Centre redevelopment (led by David Elvin KC), including promoting a CPO (through joint instructions from Westfield and Hammerson) for the acquisition of the existing shopping centre.

Richard has advised on a number of estate regeneration schemes throughout London. He also regularly advises on CPO implementation and on land compensation matters.

Development Contribution: Section 106 and CIL

Richard advises on the drafting and enforcement of s 106 agreements and on CIL liabilities. He has particular experience of affordable housing obligations and viability issues. He acted for the landowners in Medway v SSCLG, the first reported case on s 106BA TCPA 1990, and successfully defended the removal of their obligation to pay a commuted sum of over £1m. He is acting for the local planning authority in a claim for the recovery of over £500,000 in unpaid affordable housing contributions, first in the Chancery Division and now in the Court of Appeal.

Infrastructure

Richard’s infrastructure work spans all sectors including energy, transport and water. The directories have described Richard as “an infrastructure specialist who attracts significant praise from market sources” and “well versed in infrastructure matters relating to a wide variety of sectors”.

From 2012 to 2016, Richard was instructed by the Department of Transport as part of the team of Counsel (led by Tim Mould KC) to promote Phase 1 of High Speed 2 through a hybrid Bill. This work included:

• Defending the decision to promote HS2 in the Supreme Court
• Advising on the environmental assessment of the scheme
• Advising on overall strategy, environmental policies (including noise policies) and land acquisition
• Supporting negotiations with petitioners
• Appearing on numerous occasions for the Promoter in the Select Committees in the House of Commons and House of Lords.

He has been involved in the NSIP regime under the Planning Act 2008 regime since its inception:

• Acting for National Grid on its North Wales Connection project
• Promoting Fieldes Lock power station DCO for Veolia Environmental Services (UK) plc (subsequently withdrawn)
• Advising on the implications of the Rookery South DCO for waste procurement processes
• Acting for the claimant in the first legal challenge to a DCO (Heysham to M6 link road)
• Appearing for the London Borough of Hammersmith and Fulham and for St James Group Limited at the Thames Tideway Tunnel DCO examinations
• Appearing for Natural England at the Burbo Bank Extension offshore windfarm DCO examination.
• Editing the Planning Encylopedia’s commentary on the Planning Act 2008.

Richard has recently been engaged by Network Rail to promote two Transport and Works Act Orders relating to the closure of level crossings in East Anglia. Other infrastructure work includes acting for objectors to a Water Resources Management Plan, and appearing in the High Court in legal challenges to infrastructure consents, such as Buckinghamshire County Council’s Energy from Waste facility (led by David Elvin KC), and London City Airport (led by Simon Pickles).

Planning Enforcement and Injunctions

Richard has appeared at over 40 enforcement inquiries and hearings and in some of the leading enforcement cases in the High Court in recent years.

His enforcement caseload has varied from minor householder developments, to digital advertising boards, to large industrial buildings. He has acted for local authorities, landowners and neighbours. He has obtained and resisted injunctions and defended and prosecuted planning and environmental cases in the Crown Court and magistrates’ court, including recovery of the proceeds of crime. His enforcement work has included numerous listed building/heritage matters.

Richard has particular experience of noise related enforcement matters, and recently appeared for the successful appellants in a high profile appeal against a noise abatement notice relating to piano practice in a house in central London. He has also recently acted for local authorities and a major restaurant operator on noise nuisance matters.

Residential

Richard has a growing developer practice (inquiry, High Court and advisory), including:

• Acting for the promoters of Dunsfold Park, a 1,800+ home new village in Surrey (led by Christopher Katkowski KC)
• Obtaining permission following an Inquiry for 90 homes in an ancient woodland clearing in Kent
• Defending in the High Court the grants of planning permission for a large residential-led scheme in Marylebone, and an affordable housing scheme in Cornwall
• Advising Thakeham Homes on their 600 house scheme within an AONB at Pease Pottage (with David Elvin KC)
• Acting for a large number of clients on office to residential conversion schemes.

Richard advised DCLG on the early implementation of the NPPF by Inspectors and has acted for the Secretary of State and other parties on several challenges to the interpretation of national policy relating to housing delivery. In recent years he has worked extensively on matters relating to affordable housing viability and delivery.

Richard acts for local planning authorities and local residents seeking to influence development in their area and regularly appears at housing inquiries for LPAs and rule 6 parties. His residential practice also includes acting for homeowners developing their own properties (including through permitted development rights).

Environment

Richard’s practice is underpinned by a strong understanding of environmental law and practice. As well as advising on EIA and habitats implications of major schemes, he has appeared in the High Court and appellate courts on numerous environmental challenges. Notable work includes:

• Quashing the grant of planning permission for 500 homes in Oxfordshire on EIA grounds
• Quashing the grant of planning permission for residential development in the setting of a Grade 1 listed castle
• Resisting at a public inquiry on heritage grounds the construction of a large solar farm
• Challenging the implementation of Defra’s Badger Cull on behalf of the Humane Society International. Richard is currently acting on two further challenges to badger culling in England.

His environmental advisory work has included acting for waste operators, owners of contaminated land, and victims of nuisance, covering both public and private law remedies.

Environmental Enforcement

Richard regularly acts for the Environment Agency in waste and pollution enforcement matters, including appearing at inquiries concerning the definition of waste and implementation of the Water Framework Directive.

Property

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

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

Richard recently acted for the claimant local planning authority in four day Chancery Division trial arising out of the failure of a developer to pay affordable housing commuted sums (led by Neil King KC): York City Council v Trinity One (Leeds) Ltd [2017] EWHC 318 (Ch).

Richard also has experience of general property litigation in the county courts.

Public and Administrative

Richard's public law work has included:

• Acting for the applicant in RP v United Kingdom [2013] 1 F.L.R. 744, concerning the role of the Official Solicitor in care proceedings (led by Nathalie Lieven KC)
• Successfully challenging (by way of judicial review) funding decisions by the Legal Services Commission
• Appearing before a Private Bill Committee in the House of Commons for the Kennel Club in petitioning against the City of London Corporation (Open Spaces) Bill and obtaining an amendment to the Bill relating to freedom of information
• Acting for TfL and other public authorities in striking out private law proceedings relating to regulatory functions
• Advising on negligence actions against public authorities relating to planning and environmental decisions
• Obtaining an extended civil restraint order on behalf of a local authority against a vexatious litigant and striking out proceedings against other public authorities by another vexatious litigant.
• Appearing in information rights appeals in the First-tier Tribunal.
• Regulatory prosecutions in the criminal courts (eg under HMO licensing legislation)
• Advising government departments and local authorities on a wide range of issues including public procurement, FOI, council tax, constitutional matters and members’ conduct.

Immigration

Richard regularly acts for both claimants and the Secretary of State in immigration matters in the First Tier Tribunal, Upper Tribunal and High Court.

NHS, Health and Community Care

Richard acted for the British Pregnancy Advisory Service in its claim for a declaration in respect of the proper interpretation of the Abortion Act 1967 (led by Nathalie Lieven KC). In professional regulatory matters, he has acted in judicial review proceedings for the General Dental Council and against the General Pharmaceutical Council, including obtaining urgent relief to prevent the closure of a pharmacy.

Procurement and Subsidy Control

Richard advises public authorities and operators on all aspects of public procurement law. His particular specialism relates to procurement in the context of infrastructure and the development of land by public authorities. As a member of the Attorney General’s A Panel, he regularly advises central government on procurement issues. Recent experience includes:

• Advising DCMS on procurement issues in the telecoms sector
• Advising a central government department on contractual issues arising from a high profile procurement process for provision of services
• Advising on local authorities on procurement and State Aid issues from compulsory purchase and planning processes for town centre and estate regeneration schemes
• Advising on a proposed challenge to a procurement process in the education sector.

Social Security

Richard appears in the tribunals and the High Court and appellate courts in social security matters, for the DWP and for claimants and others:

• He acted for the Child Poverty Action Group (led by Richard Drabble KC) in House of Lords in Zalewska, concerning the issue of social security entitlements for EU accession state workers
• He appeared in the Court of Appeal and CJEU on the interpretations of the Citizenship Directive in Lassal (led by Richard Drabble KC)
• He appeared in the Supreme Court on the recovery of social security overpayments in CPAG (led by Richard Drabble KC).

Rating and Valuation

Richard has acted for both ratepayers and the Valuation Officer in ratings cases, often in respect of complex hereditaments. He appeared for ratepayer in the Upper Tribunal in Esso Petroleum v Walker (VO) (led by Neil King KC) and has advised the HMRC on appeals relating to Harrods (led by Daniel Kolinsky KC), Tata Steel (led by Daniel Kolinsky KC) and Anglian Water (led by Tim Morshead KC). He has appeared for ratepayers in the magistrates’ courts and Valuation Tribunal.

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.

ADR

Richard is a Member of the Chartered Institute of Arbitrators having obtained a qualification in International Arbitration.

EU Law post-Brexit