Andrew Byass

Call: 2010
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Practice Summary

Andrew is a planning and public law specialist, whose experiences includes EU law, environmental law, compulsory purchase and rating.

He first 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.

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

Andrew is a member of PEBA, UKELA and ALBA.

Planning and Environment

Andrew is a top-rated planning junior in the 2017 Planning Law Survey. His practice covers all areas of planning and environmental law. He has acted in 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. Andrew’s experience in planning and environmental law includes:

  • Ongoing advice to the Department for Transport as part of a team of counsel in relation to the decision to provide a new runway at Heathrow Airport, including advising on all stages of the Government’s decision to prefer Heathrow Airport and the production of the Airports NPS and associated environmental, economic, and other reports.
  • Appearing at inquiries and hearings for developers and authorities, including in respect of large-scale retail and housing matters, development viability, planning enforcement and DMMO inquiries.
  • Recently, this has included obtaining approval for Redrow Homes from the Welsh Ministers, following a successful appeal against the refusal by Caerphilly Borough Council of outline consent for 260 dwellings, successfully appearing for the developer of a major retail scheme on the outskirts of Colchester, leading to the grant of permission by the Secretary of State, and acting for McLaren in respect of an appeal against the refusal to grant permission for a 286-student bed scheme in Oxford.
  • Acting for FCC Environment (UK) Ltd in a challenge to the Rookery South (Resource Recovery Facility) Order 2011, which granted authorisation to develop a 65 MWe electricity generating station.
  • Acting for Hampton Bishop Parish Council in a challenge to the grant of planning permission for the development of a rugby facility and enabling development of 190 homes.
  • Appearing in the High Court and advising upon applications and appeals under s. 288 and s. 289, including in respect of office, retail and housing matters.
  • Advising on village green matters, applications to vary or discharge s. 106 planning obligations, commercial and residential permitted development rights, CIL requirements and general planning matters.

Andrew has written a chapter in Garner’s Environmental Law on EIA.

Public

Andrew practices in several public law areas, and has a broad depth of experience including from when working as a senior public law solicitor for the Government Legal Department prior to joining Chambers. He gained extensive experience in matters relating to EU law while working with central Government, and has a particular interest in expanding on this experience across the work undertaken in Chambers. Andrew has continued to build on his public law experience, representing both claimants and defendants in all areas of public law. Andrew’s experience in public law 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, 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 and 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 the successful application to strike out the challenge to the government’s decision to prefer Heathrow Airport as the location for future airport expansion.
  • Advising on 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.
  • Advising the Electoral Commission (UK) on the compliance of electoral guidance for returning officers with the requirements of primary legislation and electoral rules.

Compulsory Purchase and Rating

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.

Andrew has experience in rating matters, with an interest in expanding this area of his practice.

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 a LLB from the University of Western Australia in 1996. In 2003, he completed a masters in law (LLM) at the University of Melbourne, Australia.

He qualified as a barrister and solicitor in Australia in 1997 and as a solicitor in England and Wales in 2004. Prior to switching to the bar, Andrew was 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 PEBA, UKELA and ALBA.

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

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.

:
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