Andrew Parkinson

Call: 2010
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Practice Summary

Andrew was called to the Bar in 2010. His practice covers all areas of planning and environmental law. He represents developers, local authorities, and a variety of interested parties at inquiry, in the High Court and in the Court of Appeal.

Andrew was ranked 5th in a recent survey of the top-rated planning barristers under the age of 35 (Planning Magazine, 2016). He is regularly involved in important cases in the High Court and Court of Appeal. Three of his cases were included in the Journal of Planning Law’s recent summary of important cases from 2017.

Examples of his work in the last 12 months includes:

  • Appearing un-led in the Planning Court in a number of successful judicial review challenges, brought by developers and other interested parties, to the grant of planning permission by local planning authorities: see Boot v Elmbridge BC [2017] 2 P. & C.R. 6 – failure to correctly interpret Green Belt policy in the NPPF; Butler v East Dorset District Council [2016] EWHC 1527 (Admin) – failure to interpret development plan policies and apply section 38(6) PCPA 2004; Cooper v Ashford Borough Council[2016] P.T.S.R. 1455 – failure to apply section 38(6) PCPA 2004; R(XY) v Maidstone Borough Council[2016] EWHC 1436 (Admin) – failure to have regard to material considerations; Relta v GLA [2017] EWHC 671 (Admin) – failure of the Mayor of London to interpret his policy on Housing Zones; Robb v South Cambridgeshire DC [2017] EWHC 594 (Admin) – failure to correctly interpret Green Belt policy in the NPPF.
  • Appearing at a number of planning appeals for local authorities, developers and other interested parties, including for developer clients in recovered appeals for residential schemes at Hatchfield Farm (Newmarket) and Henwick Park (Thatcham); local authority clients (primarily resisting residential, extra-care and mixed-use schemes); and other interested parties (primarily Parish Councils resisting proposals on the basis of Neighbourhood Plan policies).
  • Appearing for a number of NGOs in a successful High Court challenge to the Government’s new rules on costs in environmental cases (RSPB and others v Secretary of State for Justice [2017] EWHC 2309 (Admin)): see national press coverage here.
  • Appearing in the Court of Appeal for the main objector to a new railway proposed in Manchester, in a case concerning the correct interpretation of national planning policy on heritage (led by Richard Drabble QC). Andrew appeared (unled) for the leading objector at the 3 week inquiry into the proposal: see Whitby v SST [2016] EWCA Civ 444 and national press coverage here and here.
  • Acting for RBKC in the “Red and white striped house” case in Kensington, including appearing in the leading case on the scope of section 215 of the Town and Country Planning Act 1990 (Lisle-Mainwaring v RBKC [2017] P.T.S.R. 850) and successfully resisting proposals for a double storey basement at a 4 day planning inquiry: see national press coverage here and here. The case recently featured on a Channel 4 documentary, “Posh Neighbours at War”.

Housing

Andrew has acted for developers, local authorities and third parties in a range of housing appeals. Recent work includes:

  • Acting for Lord Derby in relation to a recovered planning appeal for 400 houses in Newmarket, including at a 3 week planning inquiry and in a subsequent successful High Court challenge – Moulton Parish Council v SSCLG [2017] JPL 1144 (led by Christopher Boyle QC), and unled at a subsequent examination in public into Forest Heath’s emerging Single Issue Review.
  • Acting for Croudace Homes in relation to a recovered planning appeal for 265 homes in Thatcham, Berkshire (led by Christopher Boyle QC).
  • Advising the RSPB regarding a proposed development of 5000 new dwellings at Lodge Hill, Kent.
  • Acting for successful objectors at inquiries into residential development in Mid-Sussex and the Peak District (both 4 day inquiries).
  • Advising and appearing for successful objectors to a proposed 10,000 dwelling new town in Horsham and Mid Sussex at the examination into the Horsham District Planning Framework.
  • Appearing for RBKC in a 4 day planning inquiry into a proposed office-residential plus double-storey basement development in Kensington, which resulted in the basement element of the proposal being rejected.
  • Successful High Court challenges to the grant of planning permission for two gypsy developments: see Cooper v Ashford Borough Council [2016] EWHC 1525 (Admin) and R (XY) v Maidstone Borough Council [2016] EWHC 1436 (Admin) and for residential development in the Green Belt: see Boot v Elmbridge Borough Council [2017] 2 P. & C.R. 6.

Neighbourhood Plans

Andrew has experience at all stages of the neighbourhood plan process, for both developers, LPAs and neighbourhood planning groups. Recent work includes:

  • High Court challenges to adopted neighbourhood plans, including a successful challenge to the adoption of the Haddenham Neighbourhood Plan, led by Christopher Boyle QC (see commentary here), which resulted in planning permission being granted by the Secretary of State in the concurrent recovered appeal.
  • Section 288 challenges to appeal decisions relating to NPs, including a successful challenge to the remitted decision of the SSCLG in Woodcock Holdings for failure to give adequate reasons following Hopkins Homes (led by Christopher Boyle QC): see Woodcock Holdings v SSCLG [2015] EWHC 1173 (Admin).
  • Appearing at planning inquiries on both sides, where one of the main issues is the weight to be attached to an emerging NP, or conflict with an adopted plan. For a recent example see APP/H1033/W/15/3136353 – permission refused following conflict with the Chapel-en-le-Frith Parish Neighbourhood Plan.
  • Advising qualifying bodies preparing neighbourhood plans on compliance with the basic conditions.

Energy

Andrew has advised and appeared in relation to a number of energy projects and plans. Recent work includes:

  • Appearing for successful objectors at two planning appeals into proposed solar farms in Devon. Issues included landscape impact (both direct and cumulative) and heritage impact on the setting of a Grade II listed building.
  • Successfully challenging, twice, the decision of East Dorset District Council to grant planning permission for a large solar farm in Mapperton. The first challenge succeeded for failure to give adequate reasons in a screening opinion which found that the development was not EIA development. The second challenge succeeded for failure to interpret the key development plan policy on renewable energy and failure to apply section 38(6) of the PCPA 2004: see Butler v East Dorset District Council [2016] EWHC 1527 (Admin).
  • Advising and appearing for Buckinghamshire County Council at the Examination in Public into its Minerals and Waste Core Strategy, which was subsequently found to be sound.
  • Planning inquiry into a proposal for a recycling facility for construction & demolition waste near Chichester.
  • Assisted Rhodri Price Lewis QC in Veolia’s successful challenge to the refusal of planning permission for an Energy Recovery Facility at New Barnfield, Hertfordshire (see Veolia ES (UK) Ltd v SSCLG [2015] EWHC 91 (Admin)).
  • Advising in relation to a potential challenge to nuclear waste dumping in the Blackwater Estuary.

Andrew is the editor of an “Objector’s Guide to Fracking” (published with Leigh Day) and is author of the Garner’s Environmental Law chapters on climate change, energy efficiency of buildings and energy efficiency of products.

Infrastructure

Andrew has experience in providing advice and representation in relation to large-scale infrastructure projects, including TWA Orders and NSIPs under the Planning Act 2008. Recent work includes: (i) Appearing for the main objector to the Ordsall Chord (a new railway line in Manchester which forms a key part of the Northern Hub) at a 3 week TWA Inquiry (ii) Advising and appearing for Thames Blue Green Economy (unled in the High Court, led by Robert McCracken QC in the Court of Appeal) in its judicial review of the Thames Tideway Tunnel DCO: see Thames Blue Green Economy v SST [2015] EWCA Civ 876.

Heritage

Andrew regularly advises on heritage issues. He appeared in Whitby v SST [2016] EWCA Civ 444, a case concerning the correct interpretation of paragraph 133 of the NPPF in appeals where a development results in substantial heritage harm, and Butler v East Dorset District Council [2016] EWHC 1527 (Admin) where he succeeded in challenging a planning permission for failure to interpret development plan policies relating to heritage assets. He has successfully appeared at a number of planning appeals where a main issue has been the heritage impact of the development.

CPO

He is regularly instructed in relation to Compulsory Purchase Orders. He advised the Kew Society in relation to the Brentford Stadium CPO and has previously advised leaseholders in relation to the Aylesbury Estate CPO and North Yorkshire County Council in relation to the A684 Bedale, Aiskew and Leeming Bar Bypass CPO. In the High Court, he recently acted for a successful objector to a CPO, which was quashed for failure to comply with the duties in the Equality Act 2010

Examinations in Public

Andrew has appeared at a number of Examinations in Public. Recent work includes: (i) Appearing for Buckinghamshire & Milton Keynes Fire Authority at the EiP into Wycombe District Council’s Delivery and Site Allocations plan (ii) Appearing for a participant opposing a proposed new town in the Horsham District Planning Framework (iii) Advising and appearing for Buckinghamshire County Council at the EiP into its Minerals and Waste Core Strategy (iii) Appearing for a coalition of Parish Councils objecting to North Hertfordshire District Council’s emerging Local Plan (iv) Appearing for Lord Derby at the examination-in-public into Forest Heath District Council’s emerging Single Issue Review.

CIL/Section 106

Andrew has advised and given a number of recent talks on the recent affordable housing threshold changes; the vacant building credit; affordable housing appeals under s. 106BC; and the impact of reg. 122 and 123 of the CIL regulations. He appeared in Oxfordshire County Council v SSCLG [2015] EWHC 186 (Admin) on section 106 monitoring fees and regulation 122 (led by Nathalie Lieven QC).

Enforcement/CLEUD

Andrew regularly appears at enforcement inquiries, s.289 appeals in the High Court, and enforcement prosecutions in the Magistrates and Crown Courts. Recent work includes: (i) four s. 174 inquiries concerning agricultural-residential conversions in the Green Belt, both for local authorities and appellants (ii) an inquiry against the refusal of a CLEUD in respect of a mobile home (iii) a successful s. 289 appeal concerning the correct interpretation of Part 1, Class B of the GPDO 2008 (roof extensions) (iv) two successful appeals for local planning authorities on the basis of concealment of breaches of planning control.

Special Controls

Andrew has experience of section 215 notices, having appeared for RBKC at two appeals against a notice requiring the repainting of a property (in both the Magistrates and Crown Courts) and the leading case on the scope of the section (Lisle-Mainwaring v RBKC [2017] P.T.S.R. 850). He also has advised on a number of occasions in relation to the TPO and TRN regimes, and appeared in Distinctive Properties v SSCLG [2015] EWCA Civ 1250, an important case on the definition of “tree” under the Town and Country Planning Act 1990, and the scope of the TPO and TRN regimes. He has advised on Ancient Woodlands, and succeeded in Cooper v Ashford Borough Council [2016] EWHC 1525 (Admin) – failure to interpret development plan policies relating to Ancient Woodlands.

Highways

Andrew has considerable experience in advising and appearing in relation to DMMOs and other highways issues. Recent work includes: (i) Appearing at five DMMO inquiries in the past 12 months, one of which lasted over 2 weeks (ii) appearing for TfL in the High Court successfully resisting an application for interim relief, involving issues under s. 130 and s. 143 Highways Act 1980 (iii) acting for TfL defending a judicial review in relation to the Greater London Low Emission Zone (iv) stopping up orders in the Magistrates Court.

Qualifications

Academic
Andrew graduated from Oxford University in 2007 with a degree in History (first class). Between 2007 and 2009 he studied for a Graduate Diploma in Law (Distinction). He completed the Bar Vocational Course at City University in 2009-2010. He has an LLM in Environmental Law and Policy from UCL (Distinction)

Scholarships and Awards
Lincoln’s Inn: Lord Denning; Hardwicke; and Cholmeley Scholarships.

Oxford University: Gladstone Memorial Essay Prize; Mary Somerville Prize; and Coombs Exhibition.

Other Experience
Between 2007 and 2009, Andrew taught History at an inner-London comprehensive school. In 2007 he was promoted to Head of History and in an inspection in 2009 both his teaching and leadership of the department were judged as ‘Outstanding’ and he was described as an ‘inspiring leader’. He is a governor at Acland Burghley School.

Inquiries

Arch 88, Blackfriars Road

05/12/2017

Hearing for Southwark Council resisting an application for planning permission for a new retail unit and co-joined enforcement appeal under ground (d). Issues included impact on a non-designated heritage asset and highway safety.

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Inquiries

Arch 88, Blackfriars Road

05/12/2017

Hearing for Southwark Council resisting an application for planning permission for a new retail unit and co-joined enforcement appeal under ground (d). Issues included impact on a non-designated heritage asset and highway safety.

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Inquiries

Hays Mill Oast

07/11/2017

Four day inquiry for Rother District Council resisting planning permission for two new dwellings in the AONB. Issues included paragraph 55 of the NPPF and impact on the AONB.

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Inquiries

Hays Mill Oast

07/11/2017

Four day inquiry for Rother District Council resisting planning permission for two new dwellings in the AONB. Issues included paragraph 55 of the NPPF and impact on the AONB.

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Inquiries

North Hertfordshire Local Plan

06/11/2017

Acted for a consortium of parish councils at examination in public opposing proposed widescale Green Belt release.

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Inquiries

North Hertfordshire Local Plan

06/11/2017

Acted for a consortium of parish councils at examination in public opposing proposed widescale Green Belt release.

:

Inquiries

Forest Heath Single Issue Review

26/09/2017

Acted for Lord Derby opposing failure to allocate site for residential development at Newmarket.

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Inquiries

Forest Heath Single Issue Review

26/09/2017

Acted for Lord Derby opposing failure to allocate site for residential development at Newmarket.

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Inquiries

Former Poultry Unit, Beckford

05/09/2017

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Inquiries

Former Poultry Unit, Beckford

05/09/2017

Acted for Parish Council successfully opposing proposal for new care village on sustainability grounds.

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Inquiries

Nixton Homes, York

25/04/2017

Acted for York Council successfully opposing application to remove an affordable housing obligation under s. 106BA of the Town and Country Planning Act 1990.

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Inquiries

47 Huntworth Mews

22/11/2016

Acted for developer in relation to residential development in Westminster.

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Inquiries

Henwick Park, Thatcham

15/11/2016

Acted for developer promoting 250 new homes (recovered appeal). Issues included: 5 year housing land supply and development outside settlement boundary.

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Inquiries

49 Hough Lane

11/10/2016

Acted for Cheshire East Council opposing an enforcement appeal in relation a number of residential homes.

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Inquiries

Tadcaster DMMO

04/10/2016

Acted for North Yorkshire County Council opposing application for a DMMO.

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Inquiries

Land off Larch Avenue, Nettleham, Lincs

20/09/2016

Acted for Parish Council successfully opposing planning permission for residential development on the grounds of conflict with a neighbourhood plan.

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Inquiries

Sheriff Hutton

14/06/2016

Acted for North Yorkshire County Council successfully opposing DMMO application.

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Inquiries

Holy Cross Stables, Wormley

26/04/2016

Acted for Broxbourne Council successfully opposing enforcement appeal for agricultural-residential conversion on the grounds of deliberate concealment.

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Inquiries

Land to the West of Long Lane, Chapel-en-le-Frith

05/04/2016

Acted for Parish Council successfully opposing planning permission for residential development on the grounds of conflict with Neighbourhood Plan.

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Inquiries

Brooder House, Hampshire

15/03/2016

Acted for Winchester City Council successfully opposing ground (d) enforcement appeal for agricultural-residential conversion.

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Inquiries

Lower Blackmore Farm

26/01/2016

Acted for local objector successfully opposing proposal for a solar farm. Issues included: Impact on the AONB, and heritage impacts.

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Inquiries

South End, Kensington

08/12/2015

Acted for Royal Borough of Kensington and Chelsea successfully opposing proposal for a double-storey basement.

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Inquiries

Hatchfield Farm, Newmarket

14/04/2015

This was a three week inquiry into a proposed 400 dwelling development at Hatchfield Farm on the edge of Newmarket. A previous proposal for 1200 dwellings had been the subject of an unsuccessful appeal to the Secretary of State in 2011-2012 following the quashing by the High Court of the allocation of the site in the Forest Heath Core Strategy: see Save Historic Newmarket Ltd. v Forest Heath District Council [2011] EWHC 606 (Admin). The subsequent application for 400 dwellings was the subject of a resolution to grant by Forest Heath District Council’s planning committee, but was called in by the Secretary of State for his own determination.

The inquiry centred on the impact that the development would have on the horse racing industry centered in Newmarket and its potential effect on Chippenham Fen SSSI (part of the Fenland SAC) due to abstraction required to supply the development with water. Expert evidence was heard on the subjects of economics, equine behavior, the horse racing industry, hydrology, ecology and planning.

Christopher Boyle QC and Andrew Parkinson appeared for the Applicant, Lord Derby, instructed by Trevor Blaney of Blaney Planning.

David Elvin QC and Charles Banner appeared for the Newmarket Horsemen’s Group, who were a Rule 6 party to the inquiry and the principal objectors, instructed by Simon Rawlins of Bracher Rawlins LLP.

On 1 September 2016 the Secretary of State published his decision refusing planning permission (departing from the recommendation of his Inspector).

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Articles and Presentations

Inquiries

Arch 88, Blackfriars Road

05/12/2017

Hearing for Southwark Council resisting an application for planning permission for a new retail unit and co-joined enforcement appeal under ground (d). Issues included impact on a non-designated heritage asset and highway safety.

:

Inquiries

Arch 88, Blackfriars Road

05/12/2017

Hearing for Southwark Council resisting an application for planning permission for a new retail unit and co-joined enforcement appeal under ground (d). Issues included impact on a non-designated heritage asset and highway safety.

:

Inquiries

Hays Mill Oast

07/11/2017

Four day inquiry for Rother District Council resisting planning permission for two new dwellings in the AONB. Issues included paragraph 55 of the NPPF and impact on the AONB.

:

Inquiries

Hays Mill Oast

07/11/2017

Four day inquiry for Rother District Council resisting planning permission for two new dwellings in the AONB. Issues included paragraph 55 of the NPPF and impact on the AONB.

:

Inquiries

North Hertfordshire Local Plan

06/11/2017

Acted for a consortium of parish councils at examination in public opposing proposed widescale Green Belt release.

:

Inquiries

North Hertfordshire Local Plan

06/11/2017

Acted for a consortium of parish councils at examination in public opposing proposed widescale Green Belt release.

:

Inquiries

Forest Heath Single Issue Review

26/09/2017

Acted for Lord Derby opposing failure to allocate site for residential development at Newmarket.

:

Inquiries

Forest Heath Single Issue Review

26/09/2017

Acted for Lord Derby opposing failure to allocate site for residential development at Newmarket.

:

Inquiries

Former Poultry Unit, Beckford

05/09/2017

:

Inquiries

Former Poultry Unit, Beckford

05/09/2017

Acted for Parish Council successfully opposing proposal for new care village on sustainability grounds.

:

Inquiries

Nixton Homes, York

25/04/2017

Acted for York Council successfully opposing application to remove an affordable housing obligation under s. 106BA of the Town and Country Planning Act 1990.

:

Inquiries

47 Huntworth Mews

22/11/2016

Acted for developer in relation to residential development in Westminster.

:

Inquiries

Henwick Park, Thatcham

15/11/2016

Acted for developer promoting 250 new homes (recovered appeal). Issues included: 5 year housing land supply and development outside settlement boundary.

:

Inquiries

49 Hough Lane

11/10/2016

Acted for Cheshire East Council opposing an enforcement appeal in relation a number of residential homes.

:

Inquiries

Tadcaster DMMO

04/10/2016

Acted for North Yorkshire County Council opposing application for a DMMO.

:

Inquiries

Land off Larch Avenue, Nettleham, Lincs

20/09/2016

Acted for Parish Council successfully opposing planning permission for residential development on the grounds of conflict with a neighbourhood plan.

:

Inquiries

Sheriff Hutton

14/06/2016

Acted for North Yorkshire County Council successfully opposing DMMO application.

:

Inquiries

Holy Cross Stables, Wormley

26/04/2016

Acted for Broxbourne Council successfully opposing enforcement appeal for agricultural-residential conversion on the grounds of deliberate concealment.

:

Inquiries

Land to the West of Long Lane, Chapel-en-le-Frith

05/04/2016

Acted for Parish Council successfully opposing planning permission for residential development on the grounds of conflict with Neighbourhood Plan.

:

Inquiries

Brooder House, Hampshire

15/03/2016

Acted for Winchester City Council successfully opposing ground (d) enforcement appeal for agricultural-residential conversion.

:

Inquiries

Lower Blackmore Farm

26/01/2016

Acted for local objector successfully opposing proposal for a solar farm. Issues included: Impact on the AONB, and heritage impacts.

:

Inquiries

South End, Kensington

08/12/2015

Acted for Royal Borough of Kensington and Chelsea successfully opposing proposal for a double-storey basement.

:

Inquiries

Hatchfield Farm, Newmarket

14/04/2015

This was a three week inquiry into a proposed 400 dwelling development at Hatchfield Farm on the edge of Newmarket. A previous proposal for 1200 dwellings had been the subject of an unsuccessful appeal to the Secretary of State in 2011-2012 following the quashing by the High Court of the allocation of the site in the Forest Heath Core Strategy: see Save Historic Newmarket Ltd. v Forest Heath District Council [2011] EWHC 606 (Admin). The subsequent application for 400 dwellings was the subject of a resolution to grant by Forest Heath District Council’s planning committee, but was called in by the Secretary of State for his own determination.

The inquiry centred on the impact that the development would have on the horse racing industry centered in Newmarket and its potential effect on Chippenham Fen SSSI (part of the Fenland SAC) due to abstraction required to supply the development with water. Expert evidence was heard on the subjects of economics, equine behavior, the horse racing industry, hydrology, ecology and planning.

Christopher Boyle QC and Andrew Parkinson appeared for the Applicant, Lord Derby, instructed by Trevor Blaney of Blaney Planning.

David Elvin QC and Charles Banner appeared for the Newmarket Horsemen’s Group, who were a Rule 6 party to the inquiry and the principal objectors, instructed by Simon Rawlins of Bracher Rawlins LLP.

On 1 September 2016 the Secretary of State published his decision refusing planning permission (departing from the recommendation of his Inspector).

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