Scott Stemp

Call: 2000

Scott’s practice covers complex and multidisciplinary planning, environmental and regulatory matters; appearing on behalf of commercial clients, private individuals and planning authorities.

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Practice summary

Planning

Environment

Public and Administrative

Practice Summary

Scott is a specialist planning, environmental and regulatory barrister with a particular focus on enforcement and planning appeals. He is consistently listed as one of the highest rated planning barristers in Planning Magazine’s Legal Survey.

Scott has a wealth of experience in enforcement-related matters, frequently advising on and acting in substantial and complex enforcement Inquiry work, for example:

  • Barnham Station (2026) successful appeal of an enforcement notice against 200 dwellings under construction;
  • Woodgate Nurseries (2026) successful appeal of an enforcement notice against 95 dwellings under construction;
  • Shire House (2025) successful appeal of enforcement notice against 109 unauthorised and occupied flats;
  • Hillings Nursery (2025) enforcement against unauthorised leisure attraction and various business uses;
  • Petersham Nurseries (2024) successful appeal of enforcement notice against green Michelin-starred restaurant
  • The Old Rectory (2023) appeal against the ‘Captain Tom Foundation Building’ enforcement notice

He also appears in Crown and Magistrates’ Courts prosecutions relating to planning, Listed Buildings, tree/environmental crime and related regulatory fields on behalf of a wide range of clients from national companies to private individuals, and planning authorities.  He is particularly experienced in confiscation proceedings under the Proceeds of Crime Act 2002 and represented nine (of eleven) defendants in one of the leading cases in the field (Wokingham BC v. Scott and others [2019] EWCA Crim 205  https://www.bailii.org/ew/cases/EWCA/Crim/2019/205.html).

Scott also regularly acts for developers, planning authorities, and ‘rule 6’ parties in planning appeals often in residential (including care) and commercial/retail schemes.  Recent examples include:

  • Strategic advice on an 8ha mixed residential, live/work and community facility scheme (2026);
  • Strategic advice on a 700-unit residential scheme (2025);
  • Advising on options for a mixed commercial and residential site (2025);
  • Securing permission on appeal for a 27-unit scheme on former railway land with conversion of a listed former engine shed (2025)
  • Securing permission on appeal for 75 dwellings and commercial (Class E) development (2024)

Examples of Scott’s High Court and Court of Appeal work include:

  • Pain and others – case stated concerning the Land Drainage Act 1991 and validity and severability of notices concerning watercourses
  • Beck – s187B planning injunction (and subsequent committal proceedings) relating to deforestation and clearance of part of the Kent Downs National Landscape and unauthorised waste deposit and storage.  Involved arguments on capacity under the Mental Capacity Act
  • Devonhurst Investments Ltd – judicial review on regard to Public Sector Equality Duty (PSED) and children’s welfare in relation to issue of planning enforcement notices
  • Ceredigion v. Robinson – case stated concerning the framing of dates in criminal charges of breach of an enforcement notice
  • Provectus Remediation – concerning the circumstances when an application fee can be refunded under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012
  • Kestrel Hydro – concerning time limits attaching to operational development and material changes of use for planning enforcement

In addition, Scott also acts for developers and landowners in appealing or challenging restocking and other notices under the Forestry Act.  Recent examples include:

  • Copp Lane – judicial review of a decision to uphold a s17A Restocking Notice;
  • Don Street – restocking of 3,330 trees over land on which 311 dwellings permitted (133 constructed);
  • Imber Road – restocking of 352 trees

Scott is a contributing author of the National Association of Planning Enforcement’s “Planning Enforcement Handbook for England” (https://www.rtpi.org.uk/new-from-the-rtpi/planning-enforcement-handbook-for-england/)

In his spare time Scott plays drums in a local rhythm and blues band, and enjoys riding bikes whenever possible.  He is the vice-chair of the Christ's Hospital School Foundation, Winchester.

Planning

Scott’s planning practice covers all aspects of planning, from advisory work, through applications and advocacy at inquiries, hearings, and examination in public, to the higher courts. He acts for a wide range of clients from national companies to private individuals, and for planning authorities.

Enforcement

Scott has a wealth of experience in enforcement-related matters, frequently advising on and acting in substantial and complex enforcement Inquiry work, for example:

  • Barnham Station (2026) successful appeal of an enforcement notice against 200 dwellings under construction;
  • Woodgate Nurseries (2026) successful appeal of an enforcement notice against 95 dwellings under construction;
  • Shire House (2025) successful appeal of enforcement notice against 109 unauthorised and occupied flats;
  • Hillings Nursery (2025) enforcement against unauthorised leisure attraction and various business uses;
  • Petersham Nurseries (2024) successful appeal of enforcement notice against green Michelin-starred restaurant
  • The Old Rectory (2023) appeal against the ‘Captain Tom Foundation Building’ enforcement notice

Scott has considerable experience of both pursuing and defending injunctions in relation to planning matters. A recent example is MBC v. Beck where he acted for the successful local authority in securing both an injunction and subsequent committal to prison in relation to the deforestation of c.4.5 hectares of the Kent Downs National Landscape and ancient woodland, and unauthorised deposits of waste on the same

He also appears in Crown and Magistrates’ Courts prosecutions relating to planning, Listed Buildings, tree/environmental crime and related regulatory fields on behalf of a wide range of clients from national companies to private individuals, and for planning authorities. He is particularly experienced in confiscation proceedings under the Proceeds of Crime Act 2002 and represented nine (of eleven) defendants in one of the leading cases in the field (Wokingham BC v. Scott and others [2019] EWCA Crim 205 https://www.bailii.org/ew/cases/EWCA/Crim/2019/205.html).

Scott is the author of the National Association of Planning Enforcement’s ‘Planning Enforcement Handbook’ chapters on Listed Building enforcement notices, advertisement enforcement, conducting interviews under caution, prosecutions, and confiscation proceedings.

Planning Appeals

Scott also regularly acts for developers, planning authorities, and ‘rule 6’ parties in planning appeals often in residential (including care) and commercial/retail schemes. Recent examples include:

  • Strategic advice on a c.8ha mixed residential (100 units), live/work and community facility scheme (2026)
  • Strategic advice on a 700-unit residential scheme (2025)
  • Advising on options for a mixed commercial and residential site (2025)
  • Securing permission on appeal for a 27-unit scheme on former railway land with conversion of a listed former engine shed (2025)
  • Securing permission on appeal for 75 dwellings and commercial (Class E) development (2024)

Environment

Scott’s environmental law practice covers matters such as:

  • Habitats and species protection
  • Wildlife crime
  • Tree protection (both planning-related and Forestry Act)
  • Environmental crime (including waste deposits, pollution, and matters under the Environmental Protection Act, Environmental Permitting Regulations, and the Scrap Metal Dealers Act)
  • Obstruction of watercourses and the Land Drainage Act
  • Abatement notices
  • Statutory nuisance

He has successfully recently acted in a number of cases relating to allegations of harming protected species through development, escapes of pollution, pollution of watercourses, obstruction of watercourses and damaging/destroying trees for defendant companies of all sizes, private individuals, and for prosecuting authorities.

Scott has considerable experience of both pursuing and defending injunctions in relation to environmental harms. A recent example is MBC v. Beck where he acted for the successful local authority in securing both an injunction and subsequent committal to prison in relation to the deforestation of c.4.5 hectares of the Kent Downs National Landscape and ancient woodland, and unauthorised deposits of waste on the same, in a complex case involving issues of capacity under the Mental Capacity Act.

Scott also acts for developers and landowners in challenging notices under the Forestry Act, recent examples include:

  • Copp Lane – judicial review of a decision to uphold a s17A Restocking Notice;
  • Don Street – restocking of 3,330 trees over land on which 311 dwellings permitted (133 constructed)
  • Imber Road – restocking of 352 trees

Public and Administrative

Scott’s public law practice concerns mainly planning statutory challenges under s288 and/or s289 of the Town and Country Planning Act 1990, judicial reviews in relation to planning and environmental matters, and judicial review and case-stated in criminal cases. Examples of Scott’s High Court and Court of Appeal work include:

  • Casey v. SSHCLG – s288 TCPA concerning mistake, sequential/exception testing and flood risk
  • Pain and others – case stated concerning the Land Drainage Act 1991 and validity and severability of notices concerning watercourses
  • Beck – s187B TCPA planning injunction (and subsequent committal proceedings) relating to deforestation and clearance of c.4.5 hectares of the Kent Downs National Landscape and unauthorised waste deposit and storage. Involved arguments on capacity under the Mental Capacity Act
  • Devonhurst Investments Ltd – judicial review in regard to Public Sector Equality Duty (PSED) and children’s welfare in relation to issue of planning enforcement notices
  • Ceredigion v. Robinson – case stated concerning the framing of dates in criminal charges of breach of an enforcement notice
  • Provectus Remediation – concerning the circumstances when an application fee can be refunded under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012
  • Kestrel Hydro – s289 TCPA concerning time limits attaching to operational development and material changes of use for planning enforcement

Specialisms

Commercial/Retail

Development Contribution: Section 106 and CIL

Development Plans and other planning policy

Green Belt and Grey Belt

Heritage

Highways, Footpaths and Rights of Way

Planning Appeals, Inquiries and Hearings

Planning Crime

Planning Enforcement and Injunctions

Planning Judicial and Statutory Reviews

Residential

Specialisms

Ecology and Biodiversity

Environmental Assessment (Environmental Outcomes)

Environmental Enforcement

Habitats and Species

Nuisance

Pollution and Contaminated Land

Waste

Specialisms

Judicial Review

High Court Planning

Local Government

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Kevin Squires New background

Kevin Squires

Senior Practice Manager

020 7421 1351

Jason Allen new

Jason Allen

Senior Practice Manager

020 7421 1306

Freddie Madle 2025

Freddie Madle

Assistant Practice Manager

020 7421 1307

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