Tim Mould KC

Planning

Tim's planning cases include:

• Milton Keynes Council v Secretary of State [2012] JPL 728 (challenge to new planning regime for houses in multiple occupation).
• St John’s School Northwood v Hillingdon Council [2012] JPL 693 (challenge to validity of breach of condition notice).
• Cala Homes Ltd (No 2) v Secretary of State [2011] JPL 1458 (materiality of proposed abolition of regional strategies).
• Barbone v Secretary of State [2009] (challenge to expansion of Stansted Airport).
• BARD Campaign v Secretary of State for Communities and Local Government [2009] (lawfulness of consultation on eco towns programme).

In 2012, Tim acted for Network Rail in defending the legal challenge to the Thameslink scheme for London Bridge Station, Gray v London Borough of Southwark.

Public inquiry work includes proposals for renewable energy development for the CoOp; ‘eco-village’ redevelopment and lawfulness of flying activities at Dunsfold Aerodrome in Surrey, proposals for a superstore at Bridgewater Retail Park Banbridge Northern Ireland, retail schemes in Ballycastle and at Buncrana Road Derry Northern Ireland; the redevelopment of the former HMS Ganges site in Suffolk, the Shard of Glass and the Dibden Bay Port inquiry. Practice experience includes tall buildings in London, development plan preparation, residential schemes including sheltered and affordable housing, renewable energy schemes and urban regeneration schemes.

Advisory work is wide ranging and includes EIA, SEA and Habitats, the interpretation and enforcement of development agreements and planning obligations, infrastructure schemes, renewable energy technologies, land reclamation and waste schemes including incineration and animal wastes, agricultural reservoirs, utilities permitted development rights, listed building conversion and refurbishment schemes, hotel development, retail planning at railway stations and planning in Northern Ireland, the Channel Isles and the Isle of Man.

Compulsory Purchase and Compensation

Tim has advised on a wide range of issues emanating from his work on the HS2 which related to the application of compulsory purchase and land compensation.

Other work includes the public inquiry into the East Street Farnham CPO (mixed use redevelopment scheme) and land compensation claims under the London Olympics CPO, the Thameslink TWA Order and light transit systems in Greater Manchester.

Tim’s compulsory purchase practice includes advising and acting for claimants and acquiring authorities in land compensation claims relating to schemes such as the East London Line Extension, the Bristol Broadmead Expansion Scheme, the Channel Tunnel Rail Link, the M6 Toll Road, the Liverpool City Centre Paradise Street redevelopment scheme, compulsory purchase for repair of the Grade 1 listed Apethorpe Hall and Croydon Tramlink.

Notable court cases in relation to compulsory purchase and compensation include:

• Moto Hospitality Ltd v Secretary of State for Transport [2008] 1 WLR 2822 (section 10 compensation).
• Ryde International plc v London Regional Transport [2004] 2 EGLR 1 (land compensation for loss of profits).
• Clift v Welsh Office [1999] 1 WLR 796 (land compensation for injurious affection and physical damage).

His work on the Crossrail Bill required heavy involvement in addressing petitions which raised issues relating to compulsory purchase and land compensation. He has considerable experience and expertise in land valuation with an environmental element, including minerals and utilities valuation. He also has experience of litigation before the Tribunal in relation to restrictive covenants under section 84 of the Law of Property Act 1925, Brown v Heathlands Mental Health Trust [1996] 1 All ER 133 (compulsory purchase and restrictive covenants).

Highways, Footpaths and Rights of Way

Tim's notable cases in the law of highways and public rights of way include:

• Fortune v Wiltshire Council [2013] 1 WLR 808 (principles of common law dedication and statutory extinguishment of vehicular rights of way under the Natural Environment and Rural Communities Act 2006).
• Herrick v Kidner [2010] 3 All ER 771 (statutory procedure for removing obstructions under s130A Highways Act 1980).
• Godmanchester Town Council v Environment Secretary [2008] 1 AC 221 (statutory deemed dedication of public rights of way).
• Wardens of Winchester College v Hampshire County Council [2009] 1 WLR 138 (statutory extinguishment of vehicular rights of way).

Public inquiry work includes acting for West Berkshire Council promoting of a public path creation order on the Thames Path National Trail at Purley, Berkshire.

Tim is consulting editor on Halsbury’s Laws 5th Ed Volume 55 (Highways, Streets and Bridges).

Environment

Tim's environmental cases include:

• Crossrail (promoting the Crossrail Bill through Parliament (2005-2008), RSPB v Secretary of State [2014] Env LR 14 (impact of expansion of Lydd Airport on EU protected species and habitats).
• R (Evans) v Basingstoke Council [2014] 1 WLR 2034 (compatibility of enforcement time limits with EIA Directive).
• River Faughan Anglers Ltd’s Application for Judicial Review [2014] NIQB 34 (protection of the River Faughan ASSI under the Northern Ireland Habitats Regulations).
• Brown v Carlisle City Council [2010] JPL 1571 (challenge to EIA of airport re-development scheme).

Rating and Valuation

Tim has many years’ experience in rating and council tax litigation. His litigation and advisory work includes and the impact of proposals in the Growth and Infrastructure Bill to extend the life of rating lists to 2017. 

im’s rating practice in silk has covered museums, the reconstitution of ports hereditaments, oversupply allowances for city centre offices, minerals, large stores, unoccupied property rating, charitable rates relief, mobile phone networks, sports stadia and national parks.

Notable valuation cases include:

• Selfridges’ Oxford Street store and Harrods’ Knightsbridge department store. 

Notable court cases include:

• Gallagher v Church of Jesus Christ of Latter Day Saints [2008] 1 WLR 1852 (rating and human rights).
• Chilton-Merryweather v Hunt [2008] RA 357 (impact of traffic growth on council tax assessments).
• Baker v Citibank NA [2007] RA 93 (rating of new offices in Canary Wharf).
• Cinderella Rockerfellas v Rudd [2003]1 WLR 2423 (rating of floating night club).

Tim is consulting editor on Halsbury’s Laws 5th Ed Volume 70 (Local Government Finance). From 1997 to 2006, Tim was standing junior counsel to the Inland Revenue on rating and valuation.

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.

Local Government