Anjoli Foster

Call: 2014
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Practice Summary

Anjoli has a busy practice, focussing on planning, environmental and public law. She is currently ranked as one of the top juniors under 35 in the 2018 Planning Magazine’s Planning Law Survey. She frequently appears in the High Court and in public inquiries, both led and unled.

Prior to joining Landmark, Anjoli studied Law at Keble College, Oxford University and graduated with a first class degree. She went on to obtain a distinction in the Bachelor of Civil Law also at Keble College, Oxford.

Notable recent cases include:

  • Benson v Secretary of State for Communities and Local Government [2018] EWHC 700 (Admin): acted as sole counsel in the High Court in one of the rare cases where the Court has ordered that cross-examination of a Planning Inspector take place.
  • Chesterton Commercial (Bucks) Limited v Wokingham District Council [2018] EWHC 1795 (Admin): appeared in the High Court (with Sasha White QC) in a case which concerned the scope of a local authority’s power to decline to determine planning applications under section 70C of the Town and Country Planning Act 1990.
  • Abbot’s Ride Land Limited v Surrey County Council and Wates Developments Limited [2018]: instructed in a trial (led by Tim Mould QC) into whether land formed part of the public highway; the result of which affected the likelihood of a housing development coming forward.
  • Bonhill Lane, Bath: appeared as sole counsel in a public inquiry into a joint appeal against a refusal of a certificate of lawful use and issue of an enforcement notice, relating to material changes of use and harm to the Green Belt.
  • Maybrey Works, Bromley: acted as junior counsel in a public inquiry in relation to a major housing scheme on land allocated for employment use.
  • New Hartley, Northumberland: junior in a public inquiry concerning a large residential scheme in Northumberland, where one of the main issues was five-year housing land supply and the recent withdrawal of the Council’s Core Strategy.
  • Injunctions: appearing regularly as sole counsel in the High Court in claims for interim injunctions and final injunctions to restrain breaches of planning control.

Planning and Environmental Law

Anjoli is currently ranked as one of the top juniors under 35 in the 2018 Planning Magazine’s Planning Law Survey. She has a wide-ranging planning and environmental practice, and her clients include local authorities, developers, environmental groups and individuals.

Recent court work includes:

  • Acting as sole counsel in the High Court in Benson v Secretary of State for Communities and Local Government [2018] EWHC 700 (Admin), which is one of the rare cases where the Court has ordered that cross-examination of a Planning Inspector take place.
  • Appearing regularly as sole counsel in the High Court in claims for interim injunctions and final injunctions to restrain breaches of planning control.
  • Acted in Chesterton Commercial (Bucks) Limited v Wokingham District Council [2018] EWHC 1795 (Admin) (led by Sasha White QC), which concerned the scope of a local authority’s power to decline to determine planning applications under section 70C of the Town and Country Planning Act 1990.
  • Appeared in Abbot’s Ride Land Limited v Surrey County Council and Wates Developments Limited [2018] (with Tim Mould QC). This was a trial into whether land formed part of the public highway; the result of which affected the likelihood of a housing development coming forward.
  • Acting in an environmental law judicial review (as junior to David Forsdick QC).
  • Regularly representing parties in the Magistrates Court in relation to prosecutions for failure to comply with enforcement notices and environmental offences.

Her recent public inquiry work includes:

  • Instructed jointly with Sasha White QC, in an inquiry concerning a large housing scheme in Cornwall, which  raised numerous issues, including housing land supply, flooding and landscape impacts.
  • Appearing in an appeal (led by Christopher Katkowski QC) in respect of a housing scheme in Norfolk, concerning ecology and townscape issues.
  • Instructed with Sasha White QC,  in an inquiry into an appeal against a listed building enforcement notice in Kensington and Chelsea, which raised matters relating to conservation and heritage.
  • Acting in an appeal concerning a large residential scheme in Northumberland. One of the main issues was five-year housing land supply and the recent withdrawal of the Council’s Core Strategy.
  • Appearing as sole counsel in an appeal against a planning enforcement notice, which related to the time limits on enforcement action and deliberate concealment.
  • Acting as sole counsel in a joint appeal against a refusal of a certificate of lawful use and issue of an enforcement notice, relating to material changes of use and harm to the Green Belt.
  • Instructed to appear in an upcoming inquiry relating to a proposal for housing within the setting of a well-known listed building.

Anjoli also advises on all aspects of planning law, which has recently included issues such as: compensation under the Land Compensation Act 1973 and the Compulsory Purchase Act 1965, prospective judicial review challenges to Local Plans, the community infrastructure levy, interpretation of local plan policy and the use of masterplanning, enforceability of planning conditions and changes in planning units.

Anjoli has given talks and provided training on various planning law topics. She has also previously worked at the Law Commission on the simplification and consolidation of planning law in Wales, which is an ongoing project commissioned by the Welsh Government.

Property Law

Anjoli has a busy property practice. Recent advocacy work includes:

  • Appearing in the High Court on behalf of a local authority in a case concerning the provision of accommodation by a private landlord and local authority
  • Representing a landlord in a fast track trial before the County Court in a claim for possession on the basis of rent arrears and a counterclaim for disrepair.
  • Acting for a landlord in a trial concerning possession on the basis of mortgage arrears and a contractual dispute about interest.
  • Appearing in summary judgement proceedings in relation to a claim concerning adverse possession and common land.
  • Appearing in the County Court in relation to possession proceedings, boundary disputes, access to neighbouring land orders, final charging orders, forfeiture proceedings and lease extensions.

She also advises on a wide range of property matters. These have included matters in relation to the interpretation and enforceability of covenants (with Katharine Holland QC), the Electronic Communications Code, business leases, forfeiture and schemes of development.

Public Law

Anjoli accepts instructions in all areas of public law. Recent examples of her work include:

  • Acting as sole counsel for the claimant in MO (by her litigation friend AF) v Sandwell Metropolitan Borough Council (CO/6144/2016); a judicial review challenge to a local authority’s assessment of need under section 17 of the Children Act 1989.
  • Acting as a junior to James Maurici QC in a matter relating to coroners’ inquests and the duty to investigate deaths under Article 2 of the European Convention on Human Rights.
  • Representing an employer in an appeal against a fine imposed under the Immigration, Asylum and Nationality Act 2006 for employing a person without leave to remain in the UK.
  • Regularly representing appellants in the First-Tier Tribunal (Immigration and Asylum Chamber) in appeals against refusals of applications for leave to remain in the UK, both on human rights and asylum grounds.
  • Applying for bail in the First-Tier Tribunal (Immigration and Asylum Chamber) on behalf of those subject to immigration detention.

Anjoli also regularly drafts Grounds of Defence for the Home Office and has acted pro bono through the Bar Pro Bono Unit.

Qualifications

  • University of Law, Birmingham – Bar Professional Training Course (Outstanding)
  • Keble College, Oxford – Bachelor of Civil Law (Distinction)
  • Keble College, Oxford – BA in Law (First Class)

Prizes

  • University of Law BPTC Opinion Writing and Drafting prize (for the highest mark in the opinion writing and drafting assessments)
  • Hardwicke Scholarship (Lincoln’s Inn)
  • Academic Scholar (Keble College, Oxford)

Publications

Books and Articles

  • Garner’s Environmental Law, contributor to the chapters on Air Pollution and Light Pollution
  • Relief from Sanctions and Procedural Default in the Public Law Context’, by Anjoli Foster and Miriam Seitler (published in Judicial Review, Volume 21, December 2016)
  • Research assistant to Professor Anne Davies for the textbook ‘Employment Law’ by ACL Davies (Longman Law Series, 2015)

Talks and Seminars

  • “Housing Delivery and Reform in 2018 and Beyond” – PEBA National Conference 2018, May 2018
  • “Housing: A look at recent cases” – RTPI South East “Autumn Legal Update”, October 2017
  • “Housing Policy Legal Update” – RTPI North East “Breaking down the barriers to Housing Delivery”, September 2017
  • “Making it fit: applying development standards in London” – Landmark Chambers “Planning in London” seminar, with Sasha White QC, June 2017
  • ‘Introduction to Judicial Review and the Pre-Action Process’ – Landmark Chambers seminar May 2017
  • ‘Possession Claims Against Trespassers’ – Landmark Chambers seminar, February 2017
  • ‘Enforcement: Case Law Update’ – Orbis Training and Development in West Sussex, February 2017
  • ‘Section 106 Update’ – Orbis Training and Development in West Sussex, February 2017

Inquiries

The Cabinet Pub, North Hertfordshire

06/11/2018

Appeal against the refusal of consent for the retrospective change of use of a public house to a residential dwelling. The main issues at the inquiry were whether there had been sufficient marketing and whether a pub use was still viable.

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Inquiries

Land East of Orchard Avenue, Basildon

29/10/2018

Appeal against an enforcement notice relating to the development of a residential access track in the Green Belt. The issues concerned harm to openness and the application of the Green Belt policies in the National Planning Policy Framework.

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Inquiries

Syon Park, Hounslow

09/10/2018

Appeal concerning a proposal for residential development near Syon House and Syon Park. The issues at the inquiry related to the balance of heritage benefits against heritage harm.

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Inquiries

Cheshire West Local Plan, Minerals and Hydrocarbon session

21/08/2018

Made representations on the draft minerals and hydrocarbon policies at the Examination into the Cheshire West and Cheshire Council Local Plan (Part 2). The particular issue was whether the policies adequately addressed impacts on climate change

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Inquiries

Alnwick, Northumberland

17/07/2018

Proposal for housing on land allocated for employment use. The main issues at the inquiry related to the provision of employment land within the district and conflict with a Neighbourhood Plan. The inquiry was adjourned for closing submissions as the new National Planning Policy Framework was published on the penultimate day of the inquiry.

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Inquiries

Kesgrave, Suffolk

26/06/2018

Re-hearing of an appeal relating to a development proposal for large housing scheme. The original refusal by an Inspector had been quashed by the High Court. The inquiry related to the settlement hierarchy and sustainability of the location.

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Inquiries

Racecourse Plantations, Norwich

22/05/2018

Appeal against the refusal of permission for 300 homes and a Community Woodland Park. The main issues at the inquiry were whether there was ecological harm and whether there was compliance with the development plan.

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Inquiries

Maybrey Works, Bromley

09/05/2018

Proposal for a mixed residential and commercial scheme on land allocated for employment use only. Issues at the inquiry involved the extent of need for employment land, protection of Metropolitan Open Land and five-year housing land supply. The Inspector allowed the appeal.

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Inquiries

Watlington Road, Oxfordshire

20/02/2018

Appeal against the refusal of an application for 120 dwellings on a greenfield site. The inquiry concerned housing land supply, loss of agricultural land and conflict with a Neighbourhood Plan. The Inspector recommended that the appeal be allowed, but the Secretary of State recovered the appeal and disagreed with the Inspector’s conclusions.

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Inquiries

Bonhill Lane, Bath

06/02/2018

A joint appeal against a refusal of a certificate of lawful use and the issue of an enforcement notice, relating to the development of a touring caravan park in the Green Belt. Issues related to harm to openness in the Green Belt and the test of very special circumstances

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Inquiries

New Hartley, Northumberland

13/06/2017

Barratt David Wilson North East has secured planning permission on appeal for the development of 285 residential dwellings on a site in New Hartley, Northumberland.

The Inspector’s key finding was that the withdrawal of the Northumberland County Council’s Core Strategy meant that there was no Objectively Assessed Need against which to calculate a five year supply of housing. He found that the Council could not rely on the fact that a significant number of units would be provided in existing planning permissions because there was “insufficient evidence to enable any rational conclusion to be reached on whether these figures represent a strong supply of housing if there is nothing to measure them against.”

The inspector went on to conclude that the adverse effects of the proposal, including a less than substantial harm to a conservation area, did not significantly and demonstrably outweigh the benefits of the scheme.

A copy of the decision can be found here.

Sasha White QC and Anjoli Foster acted for Barratt David  Wilson Homes North East.

Simon Pickles acted for Northumberland County Council.

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Inquiries

Mountlea Drive, Cornwall

13/03/2017

Planning appeal relating to proposals for a housing development in Cornwall, raising issues relating to five year housing land supply, flooding and landscape impact.

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Inquiries

5-6 Queen’s Gate Place, Kensington and Chelsea

13/12/2016

An appeal against a listed building enforcement notice. This raised matters surrounding the significance of a listed building and whether the steps required in the enforcement notice did “alleviate the effect of the works” in accordance with section 38(2) of the Listed Building Act 1990.

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Inquiries

Manor Farm, Maldon

01/11/2016

An enforcement appeal concerning the rules on time limits for enforcement action and the concept of deliberate concealment, as set out in the cases of Welwyn Hatfield BC v SSCLG and Jackson v SSCLG.

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