Home > People > Junior Counsel > Andrew Byass

Andrew Byass

Call: 2010
Download CV

Practice Summary

Andrew is a planning and public law specialist, whose experiences includes EU law, environmental law, compulsory purchase, rating and general public law matters. He has a broad inquiry, court and advisory practice, which spans all areas of his expertise and includes experience at every level of court and tribunal.

Andrew qualified as a barrister and solicitor in Australia in 1997, before working in both the private and public sector in Australia, the United States and the UK. Andrew worked as a senior solicitor in central Government undertaking public law litigation between 2005 and 2010, before moving permanently to the bar.

Since moving to the bar, Andrew has developed a wide client base, which includes major developers and landowners, central Government, NHS trusts and CCGs, local authorities, NGOs, and individuals.

Andrew is a member of the Attorney-General’s “B” panel of counsel.

Planning and Environment

Andrew is a top-rated planning junior in the 2019 Planning Law Survey. His practice covers all areas of planning and environmental law. He acts for major developers, landowners, individuals and local authorities in a range of matters involving retail, residential, infrastructure, energy, waste, student accommodation, neighbourhood planning, public rights of way, highways, green belt, habitats, EIA and other environmental law matters.

Since 2016, Andrew has been advising the Department for Transport on the formulation and application of the Airports National Policy Statement, involving the provision of advice on the interpretation and application of the Planning Act 2008 at both the NPS and DCO stages, as well as matters including SEA, habitats, compulsory purchase and blight, noise regulation and mitigation, air quality, climate change, and consultation processes.

Other recent experience includes:

  • Appearing as junior counsel in the various challenges to the Airports NPS (Heathrow third runway), heard by the Divisional Court in March 2019.
  • Advising housebuilders and others on representations in response to calls for sites and forthcoming examinations in public of new development plans.
  • Providing advice to developers, local planning authorities and statutory undertakers on various matters including infrastructure, retail schemes, s. 106 contributions, CIL, and housing.
  • Advising on the preparation of detailed appeal documentation to appeal a decision to refuse permission for a residential led mixed-use scheme comprising 305 units and associated development.
  • Representing a developer in quashing the called-in decision of the Secretary of State to refuse permission for a mixed-use residential and community (church) scheme in Purley.
  • Promoting a tall building in Mile End, London at an inquiry, to provide a basement club, ground floor commercial and residential units above.

Environmental

Andrew’s experience covers SEA, EIA, habitats, contaminated land, environmental permitting, air quality, climate change, noise and water. Recent experience includes:

  • Defending the government’s approach to habitats (selection of alternatives), air quality and climate change in the Airports NPS.
  • Advising on the preparation of appeal documentation challenging refusal of permission due to air quality impacts.
  • Successfully resisting development due to the risk of breach of a discharge consent at a waste water treatment works.
  • Advising on the discharge of an environmental permit to facilitate the remediation of contaminated land and prospective housing development
  • Advising on the provision of further environmental information in support of an appeal against refusal of development.
  • Editing the chapter on EIA in Garner’s Environmental Law.

Heritage

Andrew has advised on or acted in a wide range of matters with heritage considerations, on behalf of both local planning authorities and developers. His experience spans developments affecting designated and non-designated heritage assets, the Kew World Heritage Site, registered parks and gardens, and all grades of listed buildings, as well as developments requiring listed building consent.

Andrew’s recent experience includes:

  • Successfully appearing on behalf of a developer in an inquiry in which the Inspector accepted arguments about heritage benefits outweighing heritage harms to produce no net heritage harm (Beckington).
  • Appearing in an inquiry involving proposed student accommodation in Oxford within the setting of multiple listed heritage assets (on all sides of the proposed development), as well as an adjacent non-designated heritage asset (Manor Place).
  • Resisting leave to appeal against a decision to uphold enforcement action following failure to obtain listed building consent for non-consented works to a listed building.
  • Successfully quashing a decision of the Secretary of State following a call-in for misdirecting himself on heritage impacts (contrary to the Inspector), including the balancing of harm and benefit and the level of harm required to arise to equate to substantial harm (Mosaic Place).
  • Appearing in or advising on numerous other applications involving designated heritage assets, and the impacts of development on the significance of those assets, including developments involving tall buildings, protected views, or those within or adjacent to conservation areas.

Housing and Student Accommodation

Andrew’s housing work has involved promoting both small and large residential schemes for landowners and developers, as well as acting for local authorities in resisting such schemes. His experience involves appearing at inquiries as well as advising housebuilders and others on site selection, and representations in response to calls for sites and forthcoming examinations in public of new development plans.

Through both his inquiry and advisory experience, Andrew has advised on a host of housing-related matters, including housing land supply issues, highways impacts, tall buildings, waste water impacts, air quality, heritage impacts, landscape, flood risk and drainage, green belt and green wedge development, amenity impacts, noise and other environmental and planning issues.

Andrew’s recent experience includes:

  • Appearing on behalf of Galliard Homes at an inquiry against the refusal of permission for a residential led mixed used scheme involving a tall building in Mile End, London.
  • Advising Redrow Homes in respect of the submission of an appeal against the refusal of planning permission for a residential led mixed-use scheme comprising 305 units and associated development.
  • Successfully obtaining approval for a large residential scheme for Redrow Homes from the Welsh Ministers, following a successful appeal against the refusal by Caerphilly Borough Council of outline consent for 260 dwellings.
  • Advising Herefordshire Council in respect of the interpretation and application of its development plan policies and the appropriate levels of contributions to be secured in s. 106 agreements.
  • Advising Welsh Water as to the securing of financial contributions through s. 106 obligations, for the improvement of waste water treatment plants.
  • Successfully quashing the called-in decision of the Secretary of State to refuse permission for a tall building comprising housing in Purley.
  • Advising on the merits of prospective or ongoing residential schemes, including appearing at inquiries and hearings.

Infrastructure

Since 2016, Andrew has been advising the Department for Transport on the formulation and application of the Airports National Policy Statement, involving the provision of advice on the interpretation and application of the Planning Act 2008 at both the NPS and DCO stages.

Planning enforcement

Andrew has appeared for both landowners and local planning authorities at inquiries appealing enforcement action taken in respect of unlawful development, and regularly advises on such matters. Andrew’s recent experience includes acting for a landowner in respect of the unlawful development of a car wrecking yard (grounds a, f and g), and acting for or advising local planning authorities on a range of enforcement matters.

Andrew has also appeared in the Magistrates and Crown Courts in respect of criminal prosecutions and was recently successful in having a sentence rescinded under s. 142 of the Magistrates Court Act 1980 which was imposed upon a mentally ill landowner who was unaware of enforcement proceedings.

Regeneration and Compulsory Purchase

Andrew’s has experience in the compulsory purchase aspects of large regeneration and infrastructure schemes. This includes successfully achieving the confirmation of compulsory purchase orders and acting in references to the Upper Tribunal (Lands Chamber) in respect of compensation claims.

  • Acting for the London Borough of Hounslow and Brentford Football Club (“BFC”) in an appeal against a certificate of alternative development and reference seeking compensation relating to the compulsory purchase of land to facilitate the provision of a new community stadium for BFC.
  • Acting for the London Borough of Hounslow in the inquiry relating to the confirmation of the compulsory purchase order to facilitate the new BFC community stadium.
  • Acting for the London Borough of Haringey in the inquiry relating to the confirmation of the compulsory purchase order to facilitate the redevelopment of land at Seven Sisters station, including the re-provision of a market, other commercial development, and residential units.
  • Acting for TfL in respect of a reference seeking compensation for land acquired to facilitate the development of Crossrail.
  • Advising on the compensation elements of land acquired for Crossrail and the London 2012 Olympics.

Retail

Andrew regularly advises on or appears in retail matters. His experience includes acting for landowners and developers on a range of retail schemes, including appearing (for the landowner developer) at the inquiry into the major mixed-use scheme to provide 30,000 sqm of additional retail and leisure floorspace at Tollgate Village in Colchester.

Andrew’s recent experience includes:

  • Advising on the merits of an appeal against the refusal to provide two food and drink units within a town centre location in Stockwell.
  • Advising on the discharge, scope and variation of floorspace, use and access conditions to provide retail and leisure floorspace in Tollgate.
  • Appearing in a claim challenging the provision of consent to a large retail and leisure scheme at the Northern Gateway, Colchester, for failure to properly apply the sequential test.
  • Appearing at an appeal against refusal of permission for 10 A1, A3/A5 units in the Kingswood Retail Park, refused on sequential and retail impact grounds.
  • Appearing at an appeal to successfully secure permission to redevelop a retail park and vary conditions, in a town centre location in Swansea.

Section 106 and CIL

Andrew frequently advises on the negotiation and legal effect of section 106 agreements and on matters relating to CIL.

Andrew’s recent experience includes:

  • Advising on section 106 agreements and undertakings in the context of inquiries and other appeals, including when the terms of the agreements or undertakings are contested.
  • Advising on the use of section 106 agreements to secure payments to third party statutory undertakers.
  • Appearing at inquiries involving the variation or discharge of s. 106 agreements.
  • Successfully bringing proceedings in the High Court to compel the payment of contributions required under a s. 106 agreement, involving disputes about interpretation.
  • Advising on the Mayor of London’s Affordable Housing SPG and emerging policy in the London Plan addressing the nature and type of obligations required, including in respect of review mechanisms.

Public

Andrew has a broad public law practice, built upon his experience as a senior public law solicitor in central government (a role he worked in before switching to the bar in 2010). Andrew’s public law work now includes NHS related matters, immigration, human rights, planning, information law, national security matters and EU law.

Andrew is a member of the Attorney General’s “B” panel of counsel.

Andrew’s recent experience includes:

  • Advising on a range of matters relating to healthcare law, including the vires and legality of actions of NHS bodies, NHS Continuing care, primary care contracts, reconfiguration procedures and procurement and contracting issues.
  • Acting on behalf of both appellants and the Secretary of State in immigration matters in the First-Tier Tribunal, Upper Tribunal, High Court, Court of Appeal, with a particular specialism in Article 8 and appeal rights claims.
  • Acting on behalf of claimants and defendants in judicial review proceedings concerning planning and compulsory purchase matters, including in respect of challenge to the Airports NPS (which involved, among other matters, parliamentary privilege, pre-determination, consultation, statutory interpretation, EU law and standards of review in judicial review proceedings).
  • Advising on access to information and data protection issues, including relating to the implementation by Buckinghamshire County Council of a central government programme. Andrew also wrote a privacy policy for the Victorian Electoral Commission while undertaking his master’s studies in Australia.
  • Acting in various matters involving national security elements.

Compulsory Purchase

Andrew has advised on or been instructed in a range of compulsory purchase matters, including:

  • Appearing for Haringey Borough Council at the three-week inquiry held in July 2017, in relation to the proposed confirmation of the London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order 2016.
  • Appearing for Hounslow Borough Council in respect of the inquiry into the compulsory purchase order to facilitate the development of a 20,000 seat football stadium for Brentford Football Club, and enabling housing.
  • Acting for Transport for London in respect of a rule 2 and 6 claim arising under Crossrail.
  • Appearing on behalf of FCC Environment (UK) Ltd in respect of the challenge to the award of compulsory purchase powers with the Rookery South development consent order.

Rating

Andrew has experience in advising on rating matters. It is an area he is keen to develop.

Property

Andrew has also appeared in or advised on a range of property matters. This has predominantly been in the context of matters dealing only with property disputes, but has also concerned areas of cross-over with planning, including in respect of s. 106 agreements and variation disputes.

Qualifications

Andrew graduated with an LLB from the University of Western Australia in 1996. In 2003, he completed a Master’s in law (LLM) at the University of Melbourne, Australia.

Andrew qualified as a barrister and solicitor in Australia in 1997, as a solicitor in England and Wales in 2004, and as a barrister in England and Wales in 2010. Prior to switching to the bar, he worked as a senior public law solicitor at the Treasury Solicitor’s Department and, before that, worked for the US law firm Paul Hastings LLP both in London and in the U.S.

Andrew is a member of the Administrative Law Bar Association, the Planning and Environment Bar Association, the National Infrastructure Planning Association and the United Kingdom Environmental Law Association.

Inquiries

562 Mile End Road

15/01/2019

Residential / commercial development. Appeal against the refusal to grant permission to redevelop a prominent site in Mile End, providing for the erection of a tall building with a basement night club, ground floor commercial, and residential units above.

:

Inquiries

104 Tollington Park

09/10/2018

Residential development. Appeal against the refusal to grant permission for 9 new homes to the rear of a locally listed building in the Tollington Park Conservation Area in Islington.

:

Inquiries

Bath Road, Beckington

19/06/2018

Residential development. Appeal against the refusal to grant permission for 28 new homes (including 9 affordable) on a greenfield site, on the edge of Beckington, with issues relating to housing land supply, heritage and landscape impacts.

:

Inquiries

Former British Sugar Site, York

23/01/2018

Residential development/contaminated land. Recovered appeal against non-determination in respect of an application to develop up to 1,100 new homes in the City of York whilst remediating a brownfield, previously developed site.

:

Inquiries

Mosaic Place, Purley

09/01/2018

Residential / community use development. Called-in application by the Secretary of State, involving an application by Thornsett Group and the Purley Baptist Church to develop a mixed-use residential and community scheme comprising a 17-storey tower and associated development.

:

Inquiries

Kingswood Retail Park, Hull

21/11/2017

Retail development. Appeal against refusal of permission for 10 A1, A3/A5 units in the Kingswood Retail Park, refused on sequential and retail impact grounds.

:

Inquiries

Chadwell Street, London

21/07/2017

High-end residential.

:

Inquiries

Wards Corner

11/07/2017

Three-week public inquiry in respect of the proposed confirmation of the London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order 2016.

:

Inquiries

Manor Place, Oxford

13/06/2017

Appeal against the refusal by Oxford City Council to grant permission for a 286-bed student accommodation scheme, on land adjacent to Magdalen and St Catherine’s Colleges.

:

Inquiries

Hendrendenny, Caerphilly

21/03/2017

Housing – promoting 260 homes.

:

Inquiries

Tollgate Village, Colchester

10/01/2017

Large retail and leisure scheme.

:

Inquiries

Butt Lane, North West Leicestershire

25/10/2016

Housing.

:

Inquiries

Hollybush Lane, Rushmoor

18/10/2016

Enforcement, industrial uses.

:

Inquiries

Madley Road, Clehonger, Herefordshire

13/09/2016

Housing.

:

Inquiries

Cheyne Gardens, London

07/06/2016

Amalgamation of housing units. Appearing for the developer.

:

Inquiries

Land at Longworth Lane, Bartestree, Herefordshire

10/05/2016

100 dwellings. Appearing for Herefordshire Council.

:

Inquiries

Former Car Park, AIWA Technology Park, Newbridge

08/03/2016

55 dwellings. Appearing for the developer.

:

Inquiries

Land North of Birchen Lane, Haywards Heath

16/02/2016

40 dwellings. Appearing for Mid-Sussex District Council.

:

Inquiries

Land at Rosemary Lane, Leintwardine, Herefordshire

19/01/2016

45 dwellings. Appearing for Herefordshire Council.

:

Inquiries

315 – 349 Mill Road, Cambridge

01/12/2015

270 student homes. Appearing for McLaren.

:

Inquiries

Brentford Community Football Stadium CPO Inquiry

08/09/2015

Today the inquiry into the confirmation of a compulsory purchase order made by the London Borough of Hounslow for the provision of a new, 20,000 seat community football stadium for Brentford Football Club opened. The Club moved to its current stadium in Griffin Park, Brentford in 1904, and has long since outgrown this location. The CPO if confirmed will enable the regeneration of a site that is principally used for unattractive industrial and related uses, between Kew Bridge and the elevated M4 motorway. The redevelopment will include some 910 new homes, which will assist in enabling the development, as well as a hotel and other uses. The Club’s proposals have been lauded as bringing significant inward investment with regenerative benefits into a relatively isolated area of Brentford.

The inquiry is expected to run for two weeks.

James Maurici QC and Andrew Byass are appearing for the London Borough of Hounslow.

Russell Harris QC is acting for the Club.

Neil King QC and Matthew Dale-Harris are appearing for First Industrial Limited, one of the objectors to the CPO.

:

Inquiries

London Borough of Hounslow (Lionel Road South)

08/09/2015

Compulsory Purchase Order

:

Inquiries

Redrow Homes – Churchlands, North East Cardiff

13/07/2015

Viability.

:

Inquiries

Hammerson Plc – Parc Tawe Retail Park, Swansea

24/06/2015

:

Inquiries

Herefordshire Council – Land at Aylestone Hill, Hereford

01/05/2015

:

Inquiries

London Borough of Hackney – Bethune Road

03/02/2015

Enforcement

:

Inquiries

Penland Farm, Haywards Heath

21/10/2014

Housing, heritage, landscape

:

Inquiries

Pease Pottage Golf Course, Pease Pottage

16/09/2014

Housing, sustainability

:

Inquiries

8-10 Dorking Road, Epsom

15/07/2014

s. 106 variation appeal

:

Inquiries

Standgrove field, Ardingly

18/03/2014

37 homes.

:

Inquiries

Butcher’s field, Ardingly

11/03/2014

35 homes.

:

Inquiries

Kingsland Laines

08/10/2013

120 homes, a care home and other development.

:

Inquiries

Land to the south of Handcross Primary School

24/09/2013

90 homes, a 60 bed care home, and a new community hall.

:

Inquiries

Tickhill Lane

11/12/2012

Definitive Map Modification Order inquiry.

:

Inquiries

Scotforth Road Lancaster

16/08/2012

Recovered appeal for an out of town mixed use retail scheme.

:

Inquiries

562 Mile End Road

15/01/2019

Residential / commercial development. Appeal against the refusal to grant permission to redevelop a prominent site in Mile End, providing for the erection of a tall building with a basement night club, ground floor commercial, and residential units above.

:

Inquiries

104 Tollington Park

09/10/2018

Residential development. Appeal against the refusal to grant permission for 9 new homes to the rear of a locally listed building in the Tollington Park Conservation Area in Islington.

:

Inquiries

Bath Road, Beckington

19/06/2018

Residential development. Appeal against the refusal to grant permission for 28 new homes (including 9 affordable) on a greenfield site, on the edge of Beckington, with issues relating to housing land supply, heritage and landscape impacts.

:

Inquiries

Former British Sugar Site, York

23/01/2018

Residential development/contaminated land. Recovered appeal against non-determination in respect of an application to develop up to 1,100 new homes in the City of York whilst remediating a brownfield, previously developed site.

:

Inquiries

Mosaic Place, Purley

09/01/2018

Residential / community use development. Called-in application by the Secretary of State, involving an application by Thornsett Group and the Purley Baptist Church to develop a mixed-use residential and community scheme comprising a 17-storey tower and associated development.

:

Inquiries

Kingswood Retail Park, Hull

21/11/2017

Retail development. Appeal against refusal of permission for 10 A1, A3/A5 units in the Kingswood Retail Park, refused on sequential and retail impact grounds.

:

Inquiries

Chadwell Street, London

21/07/2017

High-end residential.

:

Inquiries

Wards Corner

11/07/2017

Three-week public inquiry in respect of the proposed confirmation of the London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order 2016.

:

Inquiries

Manor Place, Oxford

13/06/2017

Appeal against the refusal by Oxford City Council to grant permission for a 286-bed student accommodation scheme, on land adjacent to Magdalen and St Catherine’s Colleges.

:

Inquiries

Hendrendenny, Caerphilly

21/03/2017

Housing – promoting 260 homes.

:

Inquiries

Tollgate Village, Colchester

10/01/2017

Large retail and leisure scheme.

:

Inquiries

Butt Lane, North West Leicestershire

25/10/2016

Housing.

:

Inquiries

Hollybush Lane, Rushmoor

18/10/2016

Enforcement, industrial uses.

:

Inquiries

Madley Road, Clehonger, Herefordshire

13/09/2016

Housing.

:

Inquiries

Cheyne Gardens, London

07/06/2016

Amalgamation of housing units. Appearing for the developer.

:

Inquiries

Land at Longworth Lane, Bartestree, Herefordshire

10/05/2016

100 dwellings. Appearing for Herefordshire Council.

:

Inquiries

Former Car Park, AIWA Technology Park, Newbridge

08/03/2016

55 dwellings. Appearing for the developer.

:

Inquiries

Land North of Birchen Lane, Haywards Heath

16/02/2016

40 dwellings. Appearing for Mid-Sussex District Council.

:

Inquiries

Land at Rosemary Lane, Leintwardine, Herefordshire

19/01/2016

45 dwellings. Appearing for Herefordshire Council.

:

Inquiries

315 – 349 Mill Road, Cambridge

01/12/2015

270 student homes. Appearing for McLaren.

:

Inquiries

Brentford Community Football Stadium CPO Inquiry

08/09/2015

Today the inquiry into the confirmation of a compulsory purchase order made by the London Borough of Hounslow for the provision of a new, 20,000 seat community football stadium for Brentford Football Club opened. The Club moved to its current stadium in Griffin Park, Brentford in 1904, and has long since outgrown this location. The CPO if confirmed will enable the regeneration of a site that is principally used for unattractive industrial and related uses, between Kew Bridge and the elevated M4 motorway. The redevelopment will include some 910 new homes, which will assist in enabling the development, as well as a hotel and other uses. The Club’s proposals have been lauded as bringing significant inward investment with regenerative benefits into a relatively isolated area of Brentford.

The inquiry is expected to run for two weeks.

James Maurici QC and Andrew Byass are appearing for the London Borough of Hounslow.

Russell Harris QC is acting for the Club.

Neil King QC and Matthew Dale-Harris are appearing for First Industrial Limited, one of the objectors to the CPO.

:

Inquiries

London Borough of Hounslow (Lionel Road South)

08/09/2015

Compulsory Purchase Order

:

Inquiries

Redrow Homes – Churchlands, North East Cardiff

13/07/2015

Viability.

:

Inquiries

Hammerson Plc – Parc Tawe Retail Park, Swansea

24/06/2015

:

Inquiries

Herefordshire Council – Land at Aylestone Hill, Hereford

01/05/2015

:

Inquiries

London Borough of Hackney – Bethune Road

03/02/2015

Enforcement

:

Inquiries

Penland Farm, Haywards Heath

21/10/2014

Housing, heritage, landscape

:

Inquiries

Pease Pottage Golf Course, Pease Pottage

16/09/2014

Housing, sustainability

:

Inquiries

8-10 Dorking Road, Epsom

15/07/2014

s. 106 variation appeal

:

Inquiries

Standgrove field, Ardingly

18/03/2014

37 homes.

:

Inquiries

Butcher’s field, Ardingly

11/03/2014

35 homes.

:

Inquiries

Kingsland Laines

08/10/2013

120 homes, a care home and other development.

:

Inquiries

Land to the south of Handcross Primary School

24/09/2013

90 homes, a 60 bed care home, and a new community hall.

:

Inquiries

Tickhill Lane

11/12/2012

Definitive Map Modification Order inquiry.

:

Inquiries

Scotforth Road Lancaster

16/08/2012

Recovered appeal for an out of town mixed use retail scheme.

:
icon-accordion-chevron icon-arrow-left icon-arrow-right icon-chevron-down icon-chevron-left icon-cross icon-download icon-letter icon-linked-in icon-phone-outline icon-phone icon-search icon-search icon-select-chevron icon-top-right-corner icon-twitter