David Elvin QC

Call: 1983Silk: 2000
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Practice Summary

David Elvin QC was called to the Bar in 1983 and took silk in 2000 and is called to the Bar of Northern Ireland. He is a bencher and member of the Middle Temple and a member of the Inn of Court of Northern Ireland. He was awarded the Bar Prize for Finance, Commerce & Industry in 1982. He was named as the Silk of the Year 2008 in Environment and Planning at the Chambers & Partners Bar Awards and has been nominated on several other occasions.

He specialises in planning, environmental and public law (including most aspects of local government, highways, compulsory purchase & compensation) as well as property related matters and the human rights and European Union law aspects of those areas of practice.

David appears frequently in court and at inquiries at all levels and before many different tribunals. During his time as Treasury counsel, he appeared in many planning and public law cases and acted for a wide range of government departments and bodies. Since taking silk he has appeared in the High Court, Court of Appeal, Supreme Court, European Court of Human Rights and European Court of Justice. He has also appeared on judicial reviews in the High Court and Court of Appeal in Northern Ireland and is acting in the Court of Appeal in Hong Kong.

He is regularly listed as a leading specialist in a number of fields in the main directories including the Legal 500 and Chambers & Partners (where he is named as a leader in 6 practice areas and in 2016 as a star individual in Planning).

Recent work has including a wide variety of significant planning, environmental and compulsory purchase cases. Recent CPO work has included town centre regeneration schemes most recently promoting the Croydon Whitgift Centre CPO (confirmed in September 2015) and the Mayor of London’s first CPO at Ealing Southall (to facilitate a large housing development). His work in that context includes issues concerning best value, EU state aid and procurement: see R. (Gottlieb) v Winchester City Council [2015] EWHC 231 (Admin).

Earlier regeneration work has included promoting the Liverpool One Scheme and the Winchester Silver Hill CPO Scheme 2012 as well as successfully opposing Manchester’s CPO of the former London Road Fire Station. Major infrastructure work has included promoting the Crossrail Bill in Parliament for DfT as well as opposing the HS2 scheme (both in the Courts and in Select Committee), acting and advising on DCO matters (including Covanta’s Brig y Cwm scheme, Hinckley Point C, the Thames Tideway Tunnel, the M4), advising on the Mayor’s proposed Thames Estuary Airport, Gatwick and at the recent George Best Belfast City Airport inquiry into noise restrictions. He is also experienced in waste issues having acted in a number of waste and energy from waste projects including the successful defence of the Calvert EfW plant for Bucks County Council in 2013 (Prideaux [2013] Env. L.R. 32) and of the South London facility at Beddington (R. (Khan) v Sutton LBC[2014] EWHC 3663 (Admin)). In addition to CPO and regeneration work, David also undertakes compensation work including in respect of electricity wayleaves: see Arnold White Estates Ltd v National Grid Electricity Transmission Plc [2014] Ch. 385 and Stynes v. Western Power [2014] R.V.R. 15. He is due to appear in the Court of Appeal in Hong Kong in CLP Power Hong Kong Ltd. v. Commissioner of Rating and Valuation in January 2016.

David has also continued to advise and act frequently on other environmental issues including EIA, SEA and habitats in England, Wales and Northern Ireland: For example, in 2013 he acted for the NI DOE in relation to proposals near the Giant’s Causeway (JR by the National Trust) and for the NI Department of Regional Development in the Alternative A5 Action Alliance’s Application for Judicial Review [2013] NIQB 30 and, most recently, in successfully defending DOE’s decision on habitats and EIA grounds in Newry Chamber of Commerce and Trade’s Application for Judicial Review [2015] NIQB 65. He is currently advising on the enforcement action and judicial review concerning habitats issues arising from sand dredging at Lough Neagh. He continues to act for the horse racing industry in opposing housing development in Newmarket (most recent inquiry in 2015) following the quashing of the local housing policies in Save Historic Newmarket [2011] J.P.L. 1233. In the Court of Appeal David has recently appeared in Ashdown Forest Economic Development LLP [2015] EWCA Civ 681 where be obtained the quashing of part of the authority’s core strategy for breach of SEA requirements and in R. (Larkfleet Homes Ltd) v Rutland CC [2015] EWCA Civ 597 where the Court considered the relationship of neighbourhood plans to the general development plan statutory framework and SEA. In Savage v. Mansfield DC [2015] EWCA Civ 4 David successfully defended on appeal the dismissal of a judicial review relating the effect of a draft proposal to extend the Sherwood Forest SPA. He is also advising on the interaction of CIL, habitats issues and biodiversity offsetting.

David’s current work also includes acting for the City of London Corporation and LB of Southwark with regard to their disputes with TfL over the transfer of London highways at arbitration and at an appeal hearing in the Chancery Division (October 2015), for the City of London concerning the proposals to undertake safety works to the ponds on Hampstead Heath (R. (Heath & Hampstead Society) v City of London [2015] P.T.S.R. 987) and for TfL on Crichel Down issues.

David is also Chairman of the St Paul’s Covent Garden Millennium Trust.

View David’s profile on our International site

Qualifications

David Elvin received a B.A. (First Class) in Jurisprudence (1981) and a BCL (1982) from Hertford College, Oxford. From 1991 to 2000, David was one of the Treasury counsel having served as a member of what is now the “A” Panel of Treasury Counsel from 1995 until taking silk in 2000.

Appointed a recorder in 2001, in May 2008 he was appointed a Deputy High Court Judge in the Queen’s Bench Division including the Administrative Court. December 2008 saw David appointed as a member of the Boundary Commission for England with effect from 12 January 2009. In 2000 he was appointed as an Assistant Boundary Commissioner in 2000 and had conducted an inquiry into, and reported on, the East London Parliamentary constituencies in 2001-2. He also sits as an arbitrator and is a qualified ADR Group Accredited Mediator.

 

Recommendations

Recent comments from Chambers & Partners and Legal 500 include:

“He is first-rate when it comes to inquiry work and High Court and Court of Appeal litigation. He is a very good advocate who is very articulate and has a very incisive mind. He can cut through legislation and provide a sensible answer.” [2016]

“A true environmental law specialist, who has a varied, top end practice in this area. He is trusted by large corporate clients and the government to lead on high stakes judicial reviews and litigation. Waste cases prove a particular specialism for him… “He is a giant of the Environmental Bar.” “He’s good to use when you have a heavyweight issue and need to get something resolved quickly.” [2016]

“Has a nice court style and produces clear submissions with humour mixed in. The court listens to him and he can turn a case around.” [2016]

“”He’s incredibly bright and there’s no one better than him in understanding complex points”. “He’s incredibly clever and incredibly hard-working. We call him two brains because he can do two things at once.” [2016]

“Said to “ooze brain power,” David Elvin QC is feared by his opponents in any contentious planning matter. A real client favourite, he is “great in front of judges” and a man who gets results. Also a member of the Northern Ireland Bar and someone with experience of the European courts, he is a well-travelled barrister whose excellent reputation is well known far and wide.” [2012]

“…widely acclaimed by market sources is leading light David Elvin QC, “someone to go to if you want the very best advice.” A “veritable force of nature,” he brings great skill and drive to a practice heavy on planning and environmental law cases.” [2012]

“David Elvin QC is widely regarded as a true asset to the set. “He’s compelling, persuasive and brilliant at strategy – I always come away feeling that I’ve learnt something very useful,” declares one client. His expertise in environmental and public law serves him extremely well here.” [2010]

“The focused and fearsomely intelligent David Elvin QC, a figure tremendously respected by the market.” [2009]

“The phenomenally hard-working David Elvin QC has an excellent head on his shoulders. One client reported: Whenever we need a heavyweight opinion we go to him – he’s just supreme.” [2008]

“Elvin’s colourful, enormous character, formidable intellect and combative style combine to make him one of the finest parliamentary and planning lawyers of his generation someone you definitely want on your side. He has risen to the very top in other chosen areas such as environmental, local government and contentious property law. Solicitors revealed that they instruct Elvin for his killer instinct, wonderful courtroom manner and ability to understand and evaluate complex and technical information the winning formula for success in these highly specialised areas of practice…” [2007]

Inquiries

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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Inquiries

Liverpool Welsh Streets Planning and CPO Inquiries

17/06/2014

Called-in hybrid planning application and compulsory purchase order Inquiry – controversial demolition of housing in several streets in a renewal area and regeneration with modern residential scheme. David Elvin QC and Graeme Keen represented Liverpool City Council and Plus Dane Group. Inquiry involved detailed planning, alternatives, deliverability, urban design, and heritage evidence in particular. Main objector – SAVE Britain’s Heritage. In January 2015, the SoS decided to refuse permission and did not confirm the CPO – both decisions were the subject of a High Court challenge, that was withdrawn in December 2015.

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Inquiries

Javelin Park Inquiry closes

29/01/2014

Closing submissions were heard today in the Javelin Park Energy from Waste (EfW) Inquiry which has sat for 6 weeks. The called-in appeal followed Gloucestershire County Council’s decision to refusal of planning permission for an EfW plant to process approximately 190,000 tonnes of non-hazardous residual waste on a site affecting the setting of the Costswolds Area of Outstanding Natural Beauty.

David Elvin QC and Richard Moules acted for Gloucestershire County Council as waste planning authority, Zack Simons acted for Stroud District Council.

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Inquiries

Walshaw Moor Estate Inquiry

10/01/2012

On Tuesday 10th January 2012 an inquiry opened into an appeal by Walshaw Moor Estate in respect of a notice of modification of consent issued by Natural England under s. 28E(6) of the Wildlife and Countryside Act 1981 (as amended).

The Appellant either owns or has the benefit of sporting rights leased to it over approximately 6475ha of Walshaw Moor and Lancashire Moor. It mainly manages the land as a driven grouse moor. The challenged notice of modification of consent seeks significantly to restrict certain management activities such as prescribed burning of heather and grazing.

The land in question forms part of the South Pennine Moors SSSI, the South Pennine Moors SAC and the South Pennine Moors SPA. The inquiry will examine not only important questions of moorland ecology, grazing and burning of heather for grouse rearing, in areas of blanket bog and heathland habitats, but also the Secretary of State’s powers and duties under the Habitats Directive and Wildlife and Countryside Act 1981. Despite earlier contrary statements, Natural England now seeks to ban all burning on blanket bog, whether previously burned or not.

The inquiry is due to sit until 4 February 2012.

David Elvin QC, James Maurici and Richard Moules are appearing for the Appellant.

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Inquiries

Wightlink Public Inquiry

29/11/2011

Following the High Court judgment in Akester [2010] EWHC 232 (Admin), applications for shore and recharge works for the Wightlink ferry service from Lymington to Yarmouth on the Isle of Wight were submitted, the entire project comprising those works and the running of the ferries. The recharge works to take place on SPA habitats in close proximity to the ferry route would ensure that the works to recharge degrading saltmarsh and mudflat habitat (which would be lost to natural forces in any event over the medium term) would offset the impact from the ferries and protect the SPA habitat for many years longer than they would survive naturally.

Following negotiations over a flexible adaptive and monitoring mechanism to ensure the efficacy of the recharge works, Natural England and the local authorities withdrew their opposition to the project. A two week inquiry was held in October 2011 at which opposition was maintained by the Lymington River Association and others. Today the Inspector issued her decision letter granting planning permission and agreeing that the project taken as a whole (including the recharge works and the adaptive mechanism) would not have an adverse effect on the integrity of the SPA under the Habitats Regulations 2010 and the Habitats Directive, having carried out an appropriate assessment. The Inspector also accepted, in the planning context (though not in terms of the appropriate assessment) that the economic and social importance of the ferries to the Isle of Wight was considerable and a weighty consideration in favour of the grant of permission.

David Elvin QC and James Maurici represented Wightlink Limited.

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Inquiries

London Road Fire Station CPO Inquiry

01/06/2011

Graeme Keen, led by David Elvin QC represented Britannia Hotels in opposing Manchester City Council’s attempt to compulsorily purchase the London Road Fire Station in Manchester’s Piccadilly district. The CPO was made by MCC less than 2 months before it granted permission and listed building consent to Britannia for the conversion of the building into a 4* hotel and despite MCC and English Heritage being satisfied that this was an appropriate reuse of the building and that Britannia had the funds and the experience to carry out the development. MCC had sought an implementation agreement and step-in rights/option to acquire as a minimum in order not to proceed with a CPO. The inquiry opened in April this year and sat for 11 days on several dates between then and July, hearing detailed evidence on planning, heritage, structural, construction programming and corporate issues.

On 29 November 2011, the Secretary of State decided not to confirm the CPO.

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Inquiries

Inquiry into Energy from Waste plant at Ardley, Oxfordshire

09/07/2010

A planning inquiry into Viridor Waste Management Ltd’s proposals for an energy from waste, waste management facility, on an existing waste site at Ardley, Oxfordshire close to junction 10 of the M40 opened at Cherwell DC offices in Banbury. The proposals, which have been procured by Oxfordshire County Council to process all OCC’s residual municipal waste were refused permission by OCC as planning authority last year. The proposed facility will treat up to 300,000 tonnes of waste per annum which would otherwise go to landfill. Issues raised by OCC and Cherwell DC principally relate to the acceptability of the proposals in terms of impact on the countryside. Issues regarding other matters are raised by others, including the local parish councils.

David Elvin QC and Toby Fisher represent the Appellant, Viridor Waste Management Ltd

Gwion Lewis represents Cherwell DC

For further information click here

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Inquiries

Preston Tithebarn Inquiry

28/05/2010

A six week inquiry into the call-in of the Preston Tithebarn scheme which aimed to regenerate Preston City Centre by the development of 252,800 sqm of floorspace which sought the comprehensive redevelopment of the Heart of the Tithebarn Regeneration Area comprising retail and ancillary uses, financial and professional services,  food and drink, residential, business workspace, a hotel, leisure uses including a cinema, bus transport interchange, substations, storage, car and cycle parking, vehicular access, servicing facilities, highway works, plant and machinery,  landscaping, enabling works and works to make good existing structures where they interface the new development. The scheme included the renovation and reuse of the two historic market areas of the city.

The proposals were opposed by a consortium of local authorities including Blackpool and Blackburn with Darwen Borough Councils who argued that the proposals for comparison retail (some 52,000 sqm net) would be too large and would seriously damage Blackpool and Blackburn and their own regeneration prospects.

Graeme Keen (led by David Elvin QC) represents the Preston Tithebarn Partnership/Lend Lease, the developer.

Christopher Katkowski QC represents the Opposition Consortium of Authorities.

For further details please click here

Planning permission was granted by the Secretary of State on the 22 November 2011.

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Inquiries

Inquiry into a major integrated waste facility in Essex

02/03/2010

The Secretary of State has granted planning permission, following the Inspector’s recommendation after an inquiry held in September & October 2009, for a major integrated waste management facility (known as the eRCF) at the former Rivenhall Airfield, Essex.

The development, which provides a flexible and sustainable waste management facility, in accordance with PPS10 and current design guidance, was promoted by Gent Fairhead with the support of Essex County Council and includes:

1. An anaerobic digestion (AD) plant treating Mixed Organic Waste (MOW), which would produce biogas that would be converted to electricity by biogas engine generators;
2. A Materials Recovery Facility (MRF) for mixed dry recyclable waste to recover materials e.g. paper, plastic, metals;
3. A Mechanical Biological Treatment facility (MBT) for the treatment of residual Municipal Solid Wastes (MSW) and/or Commercial and Industrial (C&I) waste to produce a Solid Recovered Fuel (SRF);
4. A De-inking and pulping paper recycling facility to reclaim paper pulp (this is described as Market de-inked paper pulp (MDIP); and
5. A Combined Heat and Power (CHP) plant utilising SRF to produce electricity, heat and steam;

The Developer was represented by David Elvin QC and Simon Pickles, instructed by Linklaters.

To read the decision letter please click here.

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Inquiries

Inquiry into state-of-the art in-vessel composting facility at Wisley Airfield

18/09/2009

The Secretary of State granted planning permission following the recommendations of his Inspector (inquiry September 2009) for a new in-vessel composting facility on part of the former Wisley Airfield, Surrey in the Green Belt. Although earlier objections had been made by Natural England due to potential impact on the Thames Basin Heaths SPA amendments to the scheme (permitted by the Inspector and subject to EIA before the inquiry) led to the withdrawal of the NE habitats objection.

The IVC facility would process 30,000 tonnes of biodegradable waste per annum, sourced from Surrey and neighbouring counties. It would handle both municipal organic waste separated at source and biodegradable wastes from the commercial sector to produce high-quality compost for the horticultural and agricultural sectors. The operation would be fully commercial, with no public access. It would be fully enclosed such that the entire composting process would take place within a single building without the need for an external maturation area. The composting process would consist of 3 stages, each performed in separate parts of the building: waste reception and pre-treatment; in-vessel composting: and maturation, screening and bagging. The composting building would be a fully enclosed steel portal frame construction with a fully sealed concrete floor. It would be mechanically ventilated to keep it under negative pressure and fitted with fast acting roller shutter doors that open and close automatically, triggered by vehicle sensors.

The Inspector and Secretary of State accepted the case for the need for waste management facilities in Surrey and found that there was compliance with the Surrey Waste Plan and very special circumstances to warrant development in the Green Belt. Objections by the Royal Horticultural Society and local groups based on concerns about biopathogens and potential impact on the RHS Gardens at Wisley and on human health were rejected.

(This is the second major waste management facility approved by the Secretary of State in a week: see also news item for 2 March 2010 concerning the Rivenhall Airfield facility in Essex)

David Elvin QC and Gwion Lewis represented the Appellant, Wharf Land Investments (Jersey) Ltd.

Robert Walton and Toby Fisher represented Guildford Borough Council

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Inquiries

Procurement advice

31/07/2008

Advising several developers as to the implications of the recent EU rulings on public procurement for ordinary agreements to transfer property and develop land common in the UK.

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Inquiries

Land valuation cases

31/07/2008

David Elvin QC has had several lands tribunal cases dealing with valuation of property taken compulsorily: including cases for Liverpool City Council (reported at ), South Oxfordshire DC and Medway Council (claim worth c. £24m). The latter two cases settled on terms advantageous to the client.

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Inquiries

Dunlopillo Latex Foam Ltd, Pannal, Harrogate

22/07/2008

An appeal against refusal of planning permission for the conversion of 7 hectares of employment land outside Harrogate to a mixed-use development composed principally of housing and office space.

Gwion Lewis appeared for the local planning authority, Harrogate Borough Council, led by David Elvin QC.

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Inquiries

Crossrail Bill (Parliamentary Hybrid Bill proceedings) [from 2004 and continuing]

01/02/2008

I am leading the Counsel team (which comprises two other silks and 2 juniors) which is promoting the Crossrail bill through Parliament for the Department for Transport. We completed Commons Select Committee during 2007, had confirmation of government funding from the Prime Minister in the autumn and will beginning House of Lords Select committee hearings in February 2008. The Bill gives powers for the largest rail project since the Victorian period and will provide a much needed new railway into and through central London from east, west and Kent. It has important implications for the economy of London, the South East and therefore the UK as a whole. It involves a large number of controversial development, compensation and other issues – including noise, settlement, heritage, local communities, transport, and environmental assessment. In addition to appearing in committee, I have been advising Government on the many issues raised by the Bill since autumn 2004 and have been heavily involved in the process since then.

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Inquiries

Judicial reviews involving Basildon gypsy sites (ongoing)

01/01/2008

I have been advising and representing Basildon DC in a series of judicial reviews concerning their controversial attempts to remove gypsies unlawfully encamped on various sites in Basildon district. There are 4 joined cases listed for hearing in February 2008 involve considerations of human rights, planning, racial, gender and disability discrimination. One of the first cases to come on for hearing O’Brien v. Basildon reported at [2007] 1 P. & C.R. 16 concerned the human rights implications of seeking to taking direct action to enforce against one of the gypsy sites.

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Inquiries

Oxford Westgate CPO

04/12/2007

Two-week public inquiry into a proposed compulsory purchase order which will allow the extension, redevelopment and improvement of the Westgate Centre and surrounding highways for a £500m mixed-use scheme with a substantial retail element. The scheme will not only assist in realising commercial retail aspirations for Oxford, but will support Oxford in maintaining its sub-regional status and provide a focus for regeneration of Oxford’s West End. The development will be carried out by the Westgate Partnership, of which the main partner is Capital Shopping Centres plc.

By the conclusion of the inquiry, all of the statutory objectors attending the inquiry had withdrawn their objections.

On 30th April 2008, the Secretary of State confirmed the CPO in accordance with the recommendations of the Inspector following the conclusion of the inquiry.

David Elvin QC and Charles Banner appeared for the promoters, Oxford City Council and the Westgate Partnership.

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Inquiries

Re: Mr Neil Cockburn, Pennoxstone Court, King’s Caple [Inquiry]

30/11/2007

I am acting for a soft fruit farmer in Herfordshire in his attempts to obtain planning permission to grow soft fruit in polytunnels in the AONB, where the conditions are most favourable to fruit production but where there are important landscape constraints. After a 2 week enforcement appeal inquiry in November, we successfully won on several grounds and obtained confirmation of lawful development rights for some of his growing areas and planning permission for others. These are difficult and highly controversial cases, setting one of the great success stories of British agriculture of recent years (involving highly sustainable local fruit production) against local objections and high landscape protection.

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Inquiries

Pennoxstone Court, Hereford

06/11/2007

An appeal against an enforcement notice seeking the removal of polytunnels used by a soft fruit producer in an AONB.

Gwion Lewis appeared for the Appellant, led by David Elvin QC.

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Inquiries

Proposed new Mersey Crossing

25/10/2007

Advising local authority via DLA Piper on the powers, procedure and approach to be taken to obtain authorisation for a new Mersey Crossing. At early stages.

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Inquiries

Property litigation for Liverpool City Council

27/02/2007

I am senior leading counsel for Liverpool CC instructed by Berwin Leighton Paisner against Walton Group who are suing LCC over a contract for a development site in the centre of Liverpool which was not preferred to the new city centre scheme currently under construction.

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Inquiries

Footpaths

01/01/2007

Successfully represented Mr G Brooke in November 2007 in securing confirmation of a modification to a definitive map to show a footpath over a rural churchyard In Worcestershire. The issue turned on the relationship between footpaths law and ecclesiastical law. We were successful and the map was modified to include the footpath.

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Inquiries

Secretary of State confirms M4 J11 Orders

31/08/2006

The Secretary of State finally confirmed (1) the Reading Borough Council (M4 Junction 11/A33 Reading to Basingstoke Classified Road) (Side Roads and Other Works) Order 2004, (2) the Reading Borough Council (M4 Junction 11/A33 Reading to Basingstoke Classified Road) Compulsory Purchase Order 2004 and (3) the Reading Borough Council (Land at Whitley Wood Depot, Whitley Wood Road, Reading) Compulsory Purchase Order 2004.

These Orders were promoted by Reading BC to enlarge and modify junction 11 on the M4 and the A33 to ease congestion and provide a better route for public transport. The decision was delayed awaiting funding decisions following inquiry in October 2004.

The Council was advised and represented by David Elvin QC and Reuben Taylor.

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Inquiries

Dudley Brierley Hill CPO modified to accommodate Corus objection

03/08/2006

The Secretary of State confirmed the Dudley Brierley Hill CPO with modifications to protect Corus’ interests in premises close to Merry Hill.

David Elvin QC and Dan Kolinsky advised Corus.

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Inquiries

Liverpool HMRI CPOs inquiry

01/07/2006

Liverpool City Council is promoting CPOs into initial phases of its Pathfinder/HMRI neighbourhood renewal areas in the Anfield, Edge Hill and Picton areas of the Inner Core of Liverpool.

The inquiry began on 4 July and is expected to complete on 28 July.

David Elvin QC and John Litton are appearing on behalf of the City Council.

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Inquiries

Court of Appeal dismisses appeal in Edwards v Environment Agency

27/06/2006

The Court of Appeal (Auld, Rix and Maurice Kay LJJ) [2006] EWCA Civ 877 dismissed an appeal by Mr Edwards against the judgment of Lindsay J. who had refused judicial review of a decision of the Environment Agency to grant a PPC consent.

The case concerns the legality of a trial burning of tyres as a partial substitute fuel at Rugby Cement Works and concerns the operation of the PPC permitting regime and its interface with the requirements of environmental impact assessment. The case was heard over 3 days in February.

The Court held that the trial burning of shredded tyres did not require environmental impact assessment and did not fall within the projects which required assessment. Although there had been a breach of the requirements of fairness with regard to the failure to make available an internal report on dispersion modelling, the Court agreed with the trial judge that the Court should exercise its discretion not to quash the decision in the circumstances.

David Elvin QC acted for the Respondents – the Environment Agency, Defra and ODPM (now DCLG).

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Inquiries

Supermarkets Inquiry (Competition Commission) [current]

25/04/2006

I am acting and appearing for Tesco in the ongoing inquiry into the supermarkets by the Competition Commission giving advice, and appearing before the Commission on planning and property matters. The Commission is concerned with the impact of the planning system on entry into the retail development market, particularly concerning the impact of restrictive covenants, and is currently considering its provisional findings and what, if any, remedies are required. In addition to the appearances before the Competition Commission, the work involves heavy advisory, tactical and drafting work as well as considerable teamwork with the retail, competition and economics members of the Tesco in house and expert team.

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Inquiries

Extensive CPO regeneration work

01/01/2005

Promoting city & town centre regeneration CPOs in Liverpool, Derby, Warrington, Leeds, Didcot and Kidderminster. In 2005 promoting Tesco’s first CPO (in partnership with Sandwell MBC) at Cradley Heath (Jan. 2005) and Guildford town centre CPO for Westfield and Guildford BC (Sept 2005). Advising Bracknell Forest DC on plans for its town centre.

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Inquiries

Work on climate change and habitats erosion (ongoing)

10/11/2004

Ongoing advisory work for RSPB on the impact on climate change on coastal habitats and erosion, primarily arising in the context of the EU Wild Birds Directive and Habitats Directive.

 

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Inquiries

Acting for Westfield and Derby CC in promoting city centre regeneration CPO at Eagle Centre, Derby

01/01/2004

The Inquiry into the CPO and RCO began on 2 December 2003 and closed on 23 January 2004. David Elvin QC and Scott Lyness acted for Westfield and Derby City Council, the promoters of the orders which seek to redevelop the Eagle Centre and to make a major contribution to the regeneration of Derby city centre.

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Inquiries

Crossrail Bill (Parliamentary Hybrid Bill proceedings) [from 2004 and continuing]

01/01/2004

I am leading the Counsel team (which comprises two other silks and 2 juniors) which is promoting the Crossrail bill through Parliament for the Department for Transport. We completed Commons Select Committee during 2007, had confirmation of government funding from the Prime Minister in the autumn and will beginning House of Lords Select committee hearings in February 2008. The Bill gives powers for the largest rail project since the Victorian period and will provide a much needed new railway into and through central London from east, west and Kent. It has important implications for the economy of London, the South East and therefore the UK as a whole. It involves a large number of controversial development, compensation and other issues – including noise, settlement, heritage, local communities, transport, and environmental assessment. Property issues are in important issue in terms of acquisition, valuation compensation and settlement negotiations. In addition to appearing in committee, I have been advising Government on the many issues raised by the Bill since autumn 2004 and have been heavily involved in the process since then.

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Inquiries

Liverpool PSDA CPO

01/01/2003

Acted for Liverpool City Council and Grosvenor Limited in promoting CPOs and RCO to expand and regenerate Liverpool city centre to provide 150,000 sq m of retail, 20,000 sq m of leisure, 600 new homes and 2.2h of open space, on a 42-acre site.

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Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

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Inquiries

Acting for Madonna and Guy Ritchie in opposing mapping of the Ashcombe Estate under CROW Act.

31/12/1999

Acting for Madonna and Guy Ritchie, the owners of the Ashcombe Estate, on appeal under s. 6 CROW Act 2000 against the provisional mapping of land in the estate which will, otherwise, be subject to the so-called “right to roam” when s. 2 of the Act is brought into force.

The inquiry into appeals under s. 6 of the Countryside and Rights of Way Act 2000 (one the third inquiry under those provisions to be held to date) was heard by 2 inspectors from 5-11 May in Shaftesbury, Dorset, and considered the provisional mapping of 17 parcels of land on the Ashcombe Estate in Dorset.

The decision, which allowed most of the appeals, was issued on 17 June 2004.

www.timesonline.co.uk/article/0,,2087-1095115,00.html

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Articles and Presentations

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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Inquiries

Liverpool Welsh Streets Planning and CPO Inquiries

17/06/2014

Called-in hybrid planning application and compulsory purchase order Inquiry – controversial demolition of housing in several streets in a renewal area and regeneration with modern residential scheme. David Elvin QC and Graeme Keen represented Liverpool City Council and Plus Dane Group. Inquiry involved detailed planning, alternatives, deliverability, urban design, and heritage evidence in particular. Main objector – SAVE Britain’s Heritage. In January 2015, the SoS decided to refuse permission and did not confirm the CPO – both decisions were the subject of a High Court challenge, that was withdrawn in December 2015.

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Inquiries

Javelin Park Inquiry closes

29/01/2014

Closing submissions were heard today in the Javelin Park Energy from Waste (EfW) Inquiry which has sat for 6 weeks. The called-in appeal followed Gloucestershire County Council’s decision to refusal of planning permission for an EfW plant to process approximately 190,000 tonnes of non-hazardous residual waste on a site affecting the setting of the Costswolds Area of Outstanding Natural Beauty.

David Elvin QC and Richard Moules acted for Gloucestershire County Council as waste planning authority, Zack Simons acted for Stroud District Council.

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Inquiries

Walshaw Moor Estate Inquiry

10/01/2012

On Tuesday 10th January 2012 an inquiry opened into an appeal by Walshaw Moor Estate in respect of a notice of modification of consent issued by Natural England under s. 28E(6) of the Wildlife and Countryside Act 1981 (as amended).

The Appellant either owns or has the benefit of sporting rights leased to it over approximately 6475ha of Walshaw Moor and Lancashire Moor. It mainly manages the land as a driven grouse moor. The challenged notice of modification of consent seeks significantly to restrict certain management activities such as prescribed burning of heather and grazing.

The land in question forms part of the South Pennine Moors SSSI, the South Pennine Moors SAC and the South Pennine Moors SPA. The inquiry will examine not only important questions of moorland ecology, grazing and burning of heather for grouse rearing, in areas of blanket bog and heathland habitats, but also the Secretary of State’s powers and duties under the Habitats Directive and Wildlife and Countryside Act 1981. Despite earlier contrary statements, Natural England now seeks to ban all burning on blanket bog, whether previously burned or not.

The inquiry is due to sit until 4 February 2012.

David Elvin QC, James Maurici and Richard Moules are appearing for the Appellant.

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Inquiries

Wightlink Public Inquiry

29/11/2011

Following the High Court judgment in Akester [2010] EWHC 232 (Admin), applications for shore and recharge works for the Wightlink ferry service from Lymington to Yarmouth on the Isle of Wight were submitted, the entire project comprising those works and the running of the ferries. The recharge works to take place on SPA habitats in close proximity to the ferry route would ensure that the works to recharge degrading saltmarsh and mudflat habitat (which would be lost to natural forces in any event over the medium term) would offset the impact from the ferries and protect the SPA habitat for many years longer than they would survive naturally.

Following negotiations over a flexible adaptive and monitoring mechanism to ensure the efficacy of the recharge works, Natural England and the local authorities withdrew their opposition to the project. A two week inquiry was held in October 2011 at which opposition was maintained by the Lymington River Association and others. Today the Inspector issued her decision letter granting planning permission and agreeing that the project taken as a whole (including the recharge works and the adaptive mechanism) would not have an adverse effect on the integrity of the SPA under the Habitats Regulations 2010 and the Habitats Directive, having carried out an appropriate assessment. The Inspector also accepted, in the planning context (though not in terms of the appropriate assessment) that the economic and social importance of the ferries to the Isle of Wight was considerable and a weighty consideration in favour of the grant of permission.

David Elvin QC and James Maurici represented Wightlink Limited.

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Inquiries

London Road Fire Station CPO Inquiry

01/06/2011

Graeme Keen, led by David Elvin QC represented Britannia Hotels in opposing Manchester City Council’s attempt to compulsorily purchase the London Road Fire Station in Manchester’s Piccadilly district. The CPO was made by MCC less than 2 months before it granted permission and listed building consent to Britannia for the conversion of the building into a 4* hotel and despite MCC and English Heritage being satisfied that this was an appropriate reuse of the building and that Britannia had the funds and the experience to carry out the development. MCC had sought an implementation agreement and step-in rights/option to acquire as a minimum in order not to proceed with a CPO. The inquiry opened in April this year and sat for 11 days on several dates between then and July, hearing detailed evidence on planning, heritage, structural, construction programming and corporate issues.

On 29 November 2011, the Secretary of State decided not to confirm the CPO.

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Inquiries

Inquiry into Energy from Waste plant at Ardley, Oxfordshire

09/07/2010

A planning inquiry into Viridor Waste Management Ltd’s proposals for an energy from waste, waste management facility, on an existing waste site at Ardley, Oxfordshire close to junction 10 of the M40 opened at Cherwell DC offices in Banbury. The proposals, which have been procured by Oxfordshire County Council to process all OCC’s residual municipal waste were refused permission by OCC as planning authority last year. The proposed facility will treat up to 300,000 tonnes of waste per annum which would otherwise go to landfill. Issues raised by OCC and Cherwell DC principally relate to the acceptability of the proposals in terms of impact on the countryside. Issues regarding other matters are raised by others, including the local parish councils.

David Elvin QC and Toby Fisher represent the Appellant, Viridor Waste Management Ltd

Gwion Lewis represents Cherwell DC

For further information click here

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Inquiries

Preston Tithebarn Inquiry

28/05/2010

A six week inquiry into the call-in of the Preston Tithebarn scheme which aimed to regenerate Preston City Centre by the development of 252,800 sqm of floorspace which sought the comprehensive redevelopment of the Heart of the Tithebarn Regeneration Area comprising retail and ancillary uses, financial and professional services,  food and drink, residential, business workspace, a hotel, leisure uses including a cinema, bus transport interchange, substations, storage, car and cycle parking, vehicular access, servicing facilities, highway works, plant and machinery,  landscaping, enabling works and works to make good existing structures where they interface the new development. The scheme included the renovation and reuse of the two historic market areas of the city.

The proposals were opposed by a consortium of local authorities including Blackpool and Blackburn with Darwen Borough Councils who argued that the proposals for comparison retail (some 52,000 sqm net) would be too large and would seriously damage Blackpool and Blackburn and their own regeneration prospects.

Graeme Keen (led by David Elvin QC) represents the Preston Tithebarn Partnership/Lend Lease, the developer.

Christopher Katkowski QC represents the Opposition Consortium of Authorities.

For further details please click here

Planning permission was granted by the Secretary of State on the 22 November 2011.

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Inquiries

Inquiry into a major integrated waste facility in Essex

02/03/2010

The Secretary of State has granted planning permission, following the Inspector’s recommendation after an inquiry held in September & October 2009, for a major integrated waste management facility (known as the eRCF) at the former Rivenhall Airfield, Essex.

The development, which provides a flexible and sustainable waste management facility, in accordance with PPS10 and current design guidance, was promoted by Gent Fairhead with the support of Essex County Council and includes:

1. An anaerobic digestion (AD) plant treating Mixed Organic Waste (MOW), which would produce biogas that would be converted to electricity by biogas engine generators;
2. A Materials Recovery Facility (MRF) for mixed dry recyclable waste to recover materials e.g. paper, plastic, metals;
3. A Mechanical Biological Treatment facility (MBT) for the treatment of residual Municipal Solid Wastes (MSW) and/or Commercial and Industrial (C&I) waste to produce a Solid Recovered Fuel (SRF);
4. A De-inking and pulping paper recycling facility to reclaim paper pulp (this is described as Market de-inked paper pulp (MDIP); and
5. A Combined Heat and Power (CHP) plant utilising SRF to produce electricity, heat and steam;

The Developer was represented by David Elvin QC and Simon Pickles, instructed by Linklaters.

To read the decision letter please click here.

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Inquiries

Inquiry into state-of-the art in-vessel composting facility at Wisley Airfield

18/09/2009

The Secretary of State granted planning permission following the recommendations of his Inspector (inquiry September 2009) for a new in-vessel composting facility on part of the former Wisley Airfield, Surrey in the Green Belt. Although earlier objections had been made by Natural England due to potential impact on the Thames Basin Heaths SPA amendments to the scheme (permitted by the Inspector and subject to EIA before the inquiry) led to the withdrawal of the NE habitats objection.

The IVC facility would process 30,000 tonnes of biodegradable waste per annum, sourced from Surrey and neighbouring counties. It would handle both municipal organic waste separated at source and biodegradable wastes from the commercial sector to produce high-quality compost for the horticultural and agricultural sectors. The operation would be fully commercial, with no public access. It would be fully enclosed such that the entire composting process would take place within a single building without the need for an external maturation area. The composting process would consist of 3 stages, each performed in separate parts of the building: waste reception and pre-treatment; in-vessel composting: and maturation, screening and bagging. The composting building would be a fully enclosed steel portal frame construction with a fully sealed concrete floor. It would be mechanically ventilated to keep it under negative pressure and fitted with fast acting roller shutter doors that open and close automatically, triggered by vehicle sensors.

The Inspector and Secretary of State accepted the case for the need for waste management facilities in Surrey and found that there was compliance with the Surrey Waste Plan and very special circumstances to warrant development in the Green Belt. Objections by the Royal Horticultural Society and local groups based on concerns about biopathogens and potential impact on the RHS Gardens at Wisley and on human health were rejected.

(This is the second major waste management facility approved by the Secretary of State in a week: see also news item for 2 March 2010 concerning the Rivenhall Airfield facility in Essex)

David Elvin QC and Gwion Lewis represented the Appellant, Wharf Land Investments (Jersey) Ltd.

Robert Walton and Toby Fisher represented Guildford Borough Council

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Inquiries

Procurement advice

31/07/2008

Advising several developers as to the implications of the recent EU rulings on public procurement for ordinary agreements to transfer property and develop land common in the UK.

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Inquiries

Land valuation cases

31/07/2008

David Elvin QC has had several lands tribunal cases dealing with valuation of property taken compulsorily: including cases for Liverpool City Council (reported at ), South Oxfordshire DC and Medway Council (claim worth c. £24m). The latter two cases settled on terms advantageous to the client.

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Inquiries

Dunlopillo Latex Foam Ltd, Pannal, Harrogate

22/07/2008

An appeal against refusal of planning permission for the conversion of 7 hectares of employment land outside Harrogate to a mixed-use development composed principally of housing and office space.

Gwion Lewis appeared for the local planning authority, Harrogate Borough Council, led by David Elvin QC.

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Inquiries

Crossrail Bill (Parliamentary Hybrid Bill proceedings) [from 2004 and continuing]

01/02/2008

I am leading the Counsel team (which comprises two other silks and 2 juniors) which is promoting the Crossrail bill through Parliament for the Department for Transport. We completed Commons Select Committee during 2007, had confirmation of government funding from the Prime Minister in the autumn and will beginning House of Lords Select committee hearings in February 2008. The Bill gives powers for the largest rail project since the Victorian period and will provide a much needed new railway into and through central London from east, west and Kent. It has important implications for the economy of London, the South East and therefore the UK as a whole. It involves a large number of controversial development, compensation and other issues – including noise, settlement, heritage, local communities, transport, and environmental assessment. In addition to appearing in committee, I have been advising Government on the many issues raised by the Bill since autumn 2004 and have been heavily involved in the process since then.

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Inquiries

Judicial reviews involving Basildon gypsy sites (ongoing)

01/01/2008

I have been advising and representing Basildon DC in a series of judicial reviews concerning their controversial attempts to remove gypsies unlawfully encamped on various sites in Basildon district. There are 4 joined cases listed for hearing in February 2008 involve considerations of human rights, planning, racial, gender and disability discrimination. One of the first cases to come on for hearing O’Brien v. Basildon reported at [2007] 1 P. & C.R. 16 concerned the human rights implications of seeking to taking direct action to enforce against one of the gypsy sites.

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Inquiries

Oxford Westgate CPO

04/12/2007

Two-week public inquiry into a proposed compulsory purchase order which will allow the extension, redevelopment and improvement of the Westgate Centre and surrounding highways for a £500m mixed-use scheme with a substantial retail element. The scheme will not only assist in realising commercial retail aspirations for Oxford, but will support Oxford in maintaining its sub-regional status and provide a focus for regeneration of Oxford’s West End. The development will be carried out by the Westgate Partnership, of which the main partner is Capital Shopping Centres plc.

By the conclusion of the inquiry, all of the statutory objectors attending the inquiry had withdrawn their objections.

On 30th April 2008, the Secretary of State confirmed the CPO in accordance with the recommendations of the Inspector following the conclusion of the inquiry.

David Elvin QC and Charles Banner appeared for the promoters, Oxford City Council and the Westgate Partnership.

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Inquiries

Re: Mr Neil Cockburn, Pennoxstone Court, King’s Caple [Inquiry]

30/11/2007

I am acting for a soft fruit farmer in Herfordshire in his attempts to obtain planning permission to grow soft fruit in polytunnels in the AONB, where the conditions are most favourable to fruit production but where there are important landscape constraints. After a 2 week enforcement appeal inquiry in November, we successfully won on several grounds and obtained confirmation of lawful development rights for some of his growing areas and planning permission for others. These are difficult and highly controversial cases, setting one of the great success stories of British agriculture of recent years (involving highly sustainable local fruit production) against local objections and high landscape protection.

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Inquiries

Pennoxstone Court, Hereford

06/11/2007

An appeal against an enforcement notice seeking the removal of polytunnels used by a soft fruit producer in an AONB.

Gwion Lewis appeared for the Appellant, led by David Elvin QC.

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Inquiries

Proposed new Mersey Crossing

25/10/2007

Advising local authority via DLA Piper on the powers, procedure and approach to be taken to obtain authorisation for a new Mersey Crossing. At early stages.

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Inquiries

Property litigation for Liverpool City Council

27/02/2007

I am senior leading counsel for Liverpool CC instructed by Berwin Leighton Paisner against Walton Group who are suing LCC over a contract for a development site in the centre of Liverpool which was not preferred to the new city centre scheme currently under construction.

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Inquiries

Footpaths

01/01/2007

Successfully represented Mr G Brooke in November 2007 in securing confirmation of a modification to a definitive map to show a footpath over a rural churchyard In Worcestershire. The issue turned on the relationship between footpaths law and ecclesiastical law. We were successful and the map was modified to include the footpath.

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Inquiries

Secretary of State confirms M4 J11 Orders

31/08/2006

The Secretary of State finally confirmed (1) the Reading Borough Council (M4 Junction 11/A33 Reading to Basingstoke Classified Road) (Side Roads and Other Works) Order 2004, (2) the Reading Borough Council (M4 Junction 11/A33 Reading to Basingstoke Classified Road) Compulsory Purchase Order 2004 and (3) the Reading Borough Council (Land at Whitley Wood Depot, Whitley Wood Road, Reading) Compulsory Purchase Order 2004.

These Orders were promoted by Reading BC to enlarge and modify junction 11 on the M4 and the A33 to ease congestion and provide a better route for public transport. The decision was delayed awaiting funding decisions following inquiry in October 2004.

The Council was advised and represented by David Elvin QC and Reuben Taylor.

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Inquiries

Dudley Brierley Hill CPO modified to accommodate Corus objection

03/08/2006

The Secretary of State confirmed the Dudley Brierley Hill CPO with modifications to protect Corus’ interests in premises close to Merry Hill.

David Elvin QC and Dan Kolinsky advised Corus.

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Inquiries

Liverpool HMRI CPOs inquiry

01/07/2006

Liverpool City Council is promoting CPOs into initial phases of its Pathfinder/HMRI neighbourhood renewal areas in the Anfield, Edge Hill and Picton areas of the Inner Core of Liverpool.

The inquiry began on 4 July and is expected to complete on 28 July.

David Elvin QC and John Litton are appearing on behalf of the City Council.

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Inquiries

Court of Appeal dismisses appeal in Edwards v Environment Agency

27/06/2006

The Court of Appeal (Auld, Rix and Maurice Kay LJJ) [2006] EWCA Civ 877 dismissed an appeal by Mr Edwards against the judgment of Lindsay J. who had refused judicial review of a decision of the Environment Agency to grant a PPC consent.

The case concerns the legality of a trial burning of tyres as a partial substitute fuel at Rugby Cement Works and concerns the operation of the PPC permitting regime and its interface with the requirements of environmental impact assessment. The case was heard over 3 days in February.

The Court held that the trial burning of shredded tyres did not require environmental impact assessment and did not fall within the projects which required assessment. Although there had been a breach of the requirements of fairness with regard to the failure to make available an internal report on dispersion modelling, the Court agreed with the trial judge that the Court should exercise its discretion not to quash the decision in the circumstances.

David Elvin QC acted for the Respondents – the Environment Agency, Defra and ODPM (now DCLG).

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Inquiries

Supermarkets Inquiry (Competition Commission) [current]

25/04/2006

I am acting and appearing for Tesco in the ongoing inquiry into the supermarkets by the Competition Commission giving advice, and appearing before the Commission on planning and property matters. The Commission is concerned with the impact of the planning system on entry into the retail development market, particularly concerning the impact of restrictive covenants, and is currently considering its provisional findings and what, if any, remedies are required. In addition to the appearances before the Competition Commission, the work involves heavy advisory, tactical and drafting work as well as considerable teamwork with the retail, competition and economics members of the Tesco in house and expert team.

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Inquiries

Extensive CPO regeneration work

01/01/2005

Promoting city & town centre regeneration CPOs in Liverpool, Derby, Warrington, Leeds, Didcot and Kidderminster. In 2005 promoting Tesco’s first CPO (in partnership with Sandwell MBC) at Cradley Heath (Jan. 2005) and Guildford town centre CPO for Westfield and Guildford BC (Sept 2005). Advising Bracknell Forest DC on plans for its town centre.

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Inquiries

Work on climate change and habitats erosion (ongoing)

10/11/2004

Ongoing advisory work for RSPB on the impact on climate change on coastal habitats and erosion, primarily arising in the context of the EU Wild Birds Directive and Habitats Directive.

 

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Inquiries

Acting for Westfield and Derby CC in promoting city centre regeneration CPO at Eagle Centre, Derby

01/01/2004

The Inquiry into the CPO and RCO began on 2 December 2003 and closed on 23 January 2004. David Elvin QC and Scott Lyness acted for Westfield and Derby City Council, the promoters of the orders which seek to redevelop the Eagle Centre and to make a major contribution to the regeneration of Derby city centre.

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Inquiries

Crossrail Bill (Parliamentary Hybrid Bill proceedings) [from 2004 and continuing]

01/01/2004

I am leading the Counsel team (which comprises two other silks and 2 juniors) which is promoting the Crossrail bill through Parliament for the Department for Transport. We completed Commons Select Committee during 2007, had confirmation of government funding from the Prime Minister in the autumn and will beginning House of Lords Select committee hearings in February 2008. The Bill gives powers for the largest rail project since the Victorian period and will provide a much needed new railway into and through central London from east, west and Kent. It has important implications for the economy of London, the South East and therefore the UK as a whole. It involves a large number of controversial development, compensation and other issues – including noise, settlement, heritage, local communities, transport, and environmental assessment. Property issues are in important issue in terms of acquisition, valuation compensation and settlement negotiations. In addition to appearing in committee, I have been advising Government on the many issues raised by the Bill since autumn 2004 and have been heavily involved in the process since then.

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Inquiries

Liverpool PSDA CPO

01/01/2003

Acted for Liverpool City Council and Grosvenor Limited in promoting CPOs and RCO to expand and regenerate Liverpool city centre to provide 150,000 sq m of retail, 20,000 sq m of leisure, 600 new homes and 2.2h of open space, on a 42-acre site.

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Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

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Inquiries

Acting for Madonna and Guy Ritchie in opposing mapping of the Ashcombe Estate under CROW Act.

31/12/1999

Acting for Madonna and Guy Ritchie, the owners of the Ashcombe Estate, on appeal under s. 6 CROW Act 2000 against the provisional mapping of land in the estate which will, otherwise, be subject to the so-called “right to roam” when s. 2 of the Act is brought into force.

The inquiry into appeals under s. 6 of the Countryside and Rights of Way Act 2000 (one the third inquiry under those provisions to be held to date) was heard by 2 inspectors from 5-11 May in Shaftesbury, Dorset, and considered the provisional mapping of 17 parcels of land on the Ashcombe Estate in Dorset.

The decision, which allowed most of the appeals, was issued on 17 June 2004.

www.timesonline.co.uk/article/0,,2087-1095115,00.html

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