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Matthew Fraser

Call: 2013
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Practice Summary

Introduction

Matthew has a broad practice in planning law, environmental law and public law.

He is a member of the Attorney General’s C Panel of Counsel.

Directories

Matthew is ranked by the legal directories in both administrative/public law and planning law.

  • In Chambers & Partners for 2022 he is ranked as “Up and Coming” in Administrative & Public Law: “He’s very measured and effective.” “A very responsive, helpful and diligent barrister who is always on top of his brief.” “Very personable and committed.”
  • In Legal 500 for 2022 he is ranked as a “Leading Junior” in Planning Law: “Trusted support to senior QCs on high profile and significant matters. Having Matthew on board gives the client confidence that the work will be done thoroughly and promptly.”

Matthew has been ranked among the top barristers in planning law under the age of 35 in the Planning Magazine’s 2018, 2019, 2020, 2021 and 2022 Legal Surveys (ranking joint 8th in the most recent survey).

Practice

He regularly appears in courts of all levels, as well as representing a range of clients in public inquiries and hearings. He has extensive experience acting for and advising private individuals and businesses, local authorities, central government departments, other public bodies, NGOs and interest groups.

Qualifications

He read Philosophy, Politics and Economics at the University of Oxford (Balliol College), before completing an LLM (Qualifying Law Degree) at Birkbeck, University of London, and the BPTC at City University.

Recent court work

Recent highlights of his court practice include:

  • R (Finch) v Surrey CC [2022] PTSR 958 – Scope of requirement to carry out environmental impact assessment in relation to greenhouse gas emissions.
  • Kaitey v SSHD [2022] 3 WLR 121 – whether conditional immigration bail can be imposed on a person if it would be unlawful to detain them.
  • Antoniades & Ors v Administrator of the Sovereign Base Areas (JR/1, 4 & 5/2015) – represented the successful Administrator resisting a claim for judicial review brought by locally employed civilians in the Sovereign Base Areas (Judgment, 22 June 2022)
  • Monkhill Ltd v SSHCLG [2021] PTSR 1432 – Meaning of policies providing a “clear reason for refusal” in National Planning Policy Framework para. 11(d).
  • Peel Investments (North) Ltd v SSHCLG [2021] PTSR 298 – Whether a time-expired plan is “out of date” under para. 11(d) of the National Planning Policy Framework.
  • Tower Hamlets LBC v SSHCLG  [2020] PTSR 111 – Interpretation of National Planning Policy Framework para. 196 on harm to heritage assets.
  • RR v SSWP  [2019] 1 WLR 6430 – Major constitutional case in the Supreme Court about what remedy a tribunal can grant to victims of the bedroom tax – acted for the successful appellant.
  • Dover DC & China Gateway International Ltd v CPRE Kent  [2018] 1 W.L.R. 108 – Leading case in the Supreme Court concerning the duty on local authorities to give reasons for planning decisions.

Recent inquiries/hearings

Highlights of his inquiry/hearings practice in 2021/2022 include:

  • Cypress House, Handforth – re-development of a dis-used care home into assisted-living apartments – July 2022
  • Warren Golf Club, Maldon – luxury holiday lodges on an existing golf club estate – June 2022
  • Thistle Quay Hotel, Poole – mixed-use residential, hotel and commercial scheme in historic Poole quayside – June 2022
  • The Sail Lofts, Maldon – Lawful Development Certificate appeal concerning residential riverside accommodation – May 2022
  • Maldon Road, Burnham-on-CrouchPhase 2 of a retirement village on greenfield site – March 2022
  • West Berkshire Minerals and Waste Local Plan – represented West Berkshire Council at examination hearings for new local plan document – February 2022
  • Skippy Industries waste enforcement appeal – represented the Environment Agency in a waste enforcement appeal – January 2022
  • Canals and Rivers Trust at Knipton Beck – represented the Environment Agency in a water abstraction licencing appeal – January 2022
  • Land West of Loxwood Road, Alfold – representing the successful appellants securing planning permission for 99 homes in Surrey countryside – December 2021.
  • Site Allocations DPD Examination, Cheshire East – representing Cheshire East Council in the examination hearings for their new Site Allocations DPD –October 2021.
  • Land East of Broad Road, Hambrook – representing the successful developer promoting a scheme for 118 homes at a public inquiry – September 2021.
  • Whitstable Oyster Company, Whitstable – Representing the oyster company in successfully appealing against an enforcement notice requiring the removal of intertidal trestles used for cultivation of oysters – July/August 2021.
  • Bullens Green Lane, Colney Heath – 2 week public inquiry acting jointly for Welwyn Hatfield Borough Council and St Albans City and District Council in relation to a scheme for 100 homes in the Green Belt – April – May 2021.
  • Newbridge Road, Bath – 2 week public inquiry acting for the successful appellant Oakhill Group Limited in relation to a major residential and student accommodation scheme – February 2021.

More information on specific practice areas can be found under the ‘Expertise’ tab.

Planning & Compulsory Purchase

Matthew has been consistently ranked among the top barristers in planning law under the age of 35 in the Planning Magazine’s 2018, 2019, 2020, 2021 and 2022 Legal Surveys (ranked joint 8th in the most recent survey). His advocacy and advisory practice extends to all areas of planning and compulsory purchase law.

In Legal 500 for 2022 he is ranked as a “Leading Junior” in Planning Law: “Trusted support to senior QCs on high profile and significant matters. Having Matthew on board gives the client confidence that the work will be done thoroughly and promptly.”

Recent planning court cases include:

  • R (Finch) v Surrey CC [2022] PTSR 958 – defining the “project” and “effects” in environmental impact assessment;
  • Monkhill Ltd v SSHCLG [2021] PTSR 1432 – Meaning of policies providing a “clear reason for refusal” in National Planning Policy Framework para. 11(d);
  • Patel v SSHCLG[2021] EWHC 2115 (Admin) – Interpretation of a planning condition concerning noise impacts;
  • Hedges v SSHCLG [2021] EWHC 2392 (Admin) – Challenge under section 289 to an Inspector’s decision to dismiss an appeal against an enforcement notice;
  • Peel Investments (North) Ltd v SSHCLG [2021] PTSR 298 – Whether a time-expired plan is “out of date” under para. 11(d) of the National Planning Policy Framework;
  • Rectory Homes v SSHCLG [2020] EWHC 2098 (Admin) – s.288 challenge to Inspector’s decision concerning approach to C2 and C3 use classes and the meaning of “housing” in local policy.
  • Aireborough Neighbourhood Development Forum v Leeds City Council [2020] 1 W.L.R. 2355; [2020] 1461 (Admin); [2020] EWHC 2183 (Admin) – Challenge to the Leeds Site Allocations Plan (three judgments dealing with: legal capacity to bring proceedings; the substantive claim; relief).
  • Keep Bourne End Green v Wycombe Council [2020] EWHC 1984 (Admin) – s.113 challenge to Wycombe Local Plan (represented successful council at permission stage).
  • Advearse v Dorset Council [2020] EWHC 807 (Admin) – judicial review of decision to grant planning permission for major development in the Dorset AONB (acted for successful council).
  • Craven District Council v SSHCLG (CO/58/2020) – s.288 challenge to an Inspector’s decision to grant planning permission for housing development (permission refused at oral renewal hearing; acted for successful IP).
  • Tower Hamlets LBC v SSHCLG  [2020] P.T.S.R. 111 – Interpretation of National Planning Policy Framework para. 196 on harm to heritage assets.
  • Xyan Holdings v SSHCLG [2019] EWHC 2907 (Admin) – s.288 challenge raising issues of interpretation of affordable housing policy in the London Plan and local plan.
  • R (Locke) v Newcastle City Council (CO/4426/2019) – permission refused in judicial review of a grant of planning permission for 1,200 homes in Newcastle Great Park.
  • HJ Banks & Company Ltd v SSHCLG  [2019] P.T.S.R. 668 – a challenge to the decision to refuse planning permission for a new open-cast coal mine (acting for Friends of the Earth).
  • R (Gorst Energy) v East Devon District Council (CO/4635/2019) – challenge to a Breach of Condition Notice.
  • Dover DC & China Gateway International Ltd v CPRE Kent  [2018] 1 W.L.R. 108 – Leading case in the Supreme Court concerning the duty on local authorities to give reasons for planning decisions.
  • William Davis Ltd v Charnwood BC  [2018] J.P.L. 549 – acted for five major housebuilders in a successful challenge concerning the lawfulness of a Supplementary Planning Document housing mix policy.
  • Eatherley v Camden LBC  [2017] P.T.S.R. 288 – key case defining the scope of permitted development rights for basements (acted for the successful claimant).
  • Basildon Council v Whiting  (HQ18X03326) – successful multi-hearing proceedings in High Court seeking an injunction to restrain unauthorised development.

Recent planning inquiries and hearings include:

  • Cypress House, Handforth – re-development of a dis-used care home into assisted-living apartments – July 2022
  • Warren Golf Club, Maldon – luxury holiday lodges on an existing golf club estate – June 2022
  • Thistle Quay Hotel, Poole – mixed-use residential, hotel and commercial scheme in historic Poole quayside – June 2022
  • The Sail Lofts, Maldon – Lawful Development Certificate appeal concerning residential riverside accommodation – May 2022
  • Maldon Road, Burnham-on-Crouch – Phase 2 of a retirement village on greenfield site – March 2022
  • West Berkshire Minerals and Waste Local Plan – represented West Berkshire Council at examination hearings for new local plan document – February 2022
  • Skippy Industries Ltd environmental permit revocation appeal – representing the Environment Agency – January 2022
  • Knipton and Eshton Beck water abstraction licence condition appeals – representing the Environment Agency – January 2022
  • Land West of Loxwood Road, Alfold – representing the successful appellants securing planning permission for 99 homes in Surrey countryside – December 2021
  • Land at Cornwall Road, Basildon – representing local authority successfully resisting an enforcement notice appeal – October 2021
  • Site Allocations DPD Examination, Cheshire East – representing Cheshire East Council in the examination hearings for their new Site Allocations DPD – October 2021
  • Old Army Camp, Chichester – Representing Chichester District Council in resisting an appeal against an enforcement notice – September 2021
  • Land East of Broad Road, Hambrook – Representing developer promoting a scheme for 118 homes at a public inquiry – September 2021
  • Whitstable Oyster Company, Whitstable – Representing the oyster company in appealing against an enforcement notice requiring the removal of intertidal trestles used for cultivation of oysters – July/August 2021
  • Madonna Halley Hotel, Edgware – Representing hotel owner in appeal against enforcement notice concerning basement development – July 2021
  • Bullens Green Lane, Colney Heath – 2 week public inquiry acting jointly for Welwyn Hatfield Borough Council and St Albans City and District Council in relation to a scheme for 100 homes in the Green Belt – April – May 2021
  • Newbridge Road, Bath – 2 week public inquiry acting for appellant Oakhill Group Limited in relation to a major residential and student accommodation scheme – February 2021
  • Oyster Trestles, Whitstable – 3-week public inquiry acting for Whitstable Oyster Company appealing an Enforcement Notice seeking removal of oyster trestles on Whitstable foreshore – March – April 2020
  • Land East of Loxwood Road, Alfold – 4-day inquiry concerning a housing scheme in the countryside of Waverley – January 2020
  • Missanda, Wells Lane, Ascot – 1 day hearing concerning an appeal against refusal to discharge planning conditions for housing scheme – January 2020
  • Holly House, Harpsden – 8 day inquiry concerning a property in the Chilterns AONB – April, September & December 2019
  • Swanley Town Centre Regeneration, Swanley – 4 day inquiry acting for the successful appellant seeking permission for mixed-use regeneration – June 2019
  • Waterside Holiday Park, Essex – 3 day inquiry acting for the successful local planning authority resisting an LDC appeal relating to a caravan park – March 2019
  • Land south of Gloucester Road, Thornbury – 4 week inquiry for Rule 6 party (Tortworth Estate / St Modwen) opposing 370-home scheme – January to March 2019
  • Former Kumor Nursery, Dover – three day inquiry for LPA successfully resisting appeal concerning 60-home scheme – December 2018
  • Whitecap Mushroom Farm, Mayland – two day inquiry for a Lawful Development Certificate appeal, acting for Maldon DC – November 2018
  • Land East of Park Road, Didcot – four-day inquiry concerning 135 homes in South Oxfordshire, acting for the developer – May 2018
  • Racton View, Chichester – one day enforcement inquiry acting for Chichester District Council concerning a chicken farm – May 2018
  • Earl Road, Handforth – five-week inquiry acting for a retail developer in a called-in application in Handforth Dean, Cheshire East – January to April 2018
  • Worsley Greenway, Salford – four-week inquiry acting for Manchester City Council resisting a 600-dwelling (plus marina, retail and café) appeal – February to March 2018
  • South Eden Park Road, Bromley – four-day circa-100 home inquiry, acting for Bromley Council – January 2018
  • Flatts Lane, Redcar – acted for a housebuilder in a successful appeal concerning a 400-home scheme – April 2017
  • King v Maldon DC – acted for the council in successfully resisting an enforcement appeal raising issues of deliberate concealment – March 2017
  • Gorstyhill “Wychwood Village Extension”, Crewe – acted for Cheshire East Council successfully resisting a recovered appeal concerning a 900-home scheme – February 2017
  • Fontwell Avenue, Fontwell – acted for the successful developer in an inquiry concerning a called-in application for a 400-home residential and employment scheme in West Sussex, raising issues of conflict with made and emerging neighbourhood plans – November 2016
  • Cheshire East Local Plan examination hearings – acting for Cheshire East Council – September to October 2016
  • Olney Rugby Club footpath inquiry – successfully represented a rugby club in a public inquiry to determine the existence of a right of way over the club’s land – May 2016
  • Ahmed v Brent Council – acted for successful appellant in an enforcement inquiry concerning issues of deliberate concealment – November 2015

Current / recent compulsory purchase work:

  • References in the Upper Tribunal (Lands Chamber) relating to compensation payable for the acquisition of the Euston Estates for HS2 – acting for the Secretary of State for Transport in a major compensation dispute arising from to the compulsory purchase of land around Euston Station for the purposes of constructing HS2 and station redevelopment.
  • Land at the former Redcar Steel Works, Redcar – 3-week public inquiry concerning the South Tees Development Corporation’s CPO for major industrial regeneration scheme – February 2020.

Matthew regularly advises developers, local government, community groups and individuals about a wide range of planning and compulsory purchase issues. In addition to his civil practice, he has regular experience prosecuting and defending in criminal planning enforcement proceedings, as well as acting in appeals against other statutory notices, in the Magistrates’ Court and the Crown Court.

Matthew is a Contributing Editor to the Encyclopedia of Planning Law and Practice, and a member of the Planning and Environmental Bar Association and the UK Environmental Lawyers’ Association.

Environment

Matthew is an experienced environmental lawyer. Much of his planning work engages environmental issues including climate change, air quality, ecology and biodiversity, waste and landfill, land contamination, and arboriculture.

Recent work includes:

  • R (Finch) v Surrey CC [2022] PTSR 958 – Scope of requirement to carry out environmental impact assessment in relation to greenhouse gas emissions (appeal to Court of Appeal pending);
  • HJ Banks & Company Ltd v SSHCLG [2019] P.T.S.R. 668 – a challenge to the decision to refuse planning permission for a new open-cast coal mine (acting for Friends of the Earth).
  • West Berkshire Minerals and Waste Local Plan – represented West Berkshire Council at examination hearings for new local plan document – February 2022
  • Skippy Industries waste enforcement appeal – represented the Environment Agency in a waste enforcement appeal – January 2022
  • Canals and Rivers Trust at Knipton Beck – represented the Environment Agency in a water abstraction licencing appeal – January 2022
  • Dillner v Sheffield City Council [2016] Env. L.R. 31 – acted for the successful interested party resisting a judicial review concerning the lawfulness of tree-felling highway maintenance operations.
  • Jim 2 Ltd v Walsall MBC – acted for the council in a two-week public inquiry to determine a contaminated land appeal under Part IIA of the Environmental Protection Act 1990 (the second ever inquiry in the history of the regime).
  • Advising a leading climate change campaign group in respect of Brexit legislation relating to the environment.
  • Advising landfill operators concerning the Environment Agency’s regulatory charging regime.

He is a member of the UK Environmental Lawyers Association.

Public

Matthew has a broad practice across a range of areas within public law. He is regularly instructed by local authorities, central government departments, private individuals and companies, local groups, NGOs and charities. He is a member of the Attorney General’s C Panel of Counsel.

While much of his work relates to planning and environmental law as sub-categories of public law, his practice also extends to a wide array of public law fields including immigration, social security, healthcare, human rights, protest and civil liberties.

Current / recent work for Central Government departments include litigation and advisory matters for the Department for Work and Pensions, the Home Office, HMRC, the Ministry of Defence, and the Department for Levelling Up, Housing and Communities.

In Chambers & Partners for 2022 he is ranked as “Up and Coming” in Administrative & Public Law: “He’s very measured and effective.” “A very responsive, helpful and diligent barrister who is always on top of his brief.” “Very personable and committed.”

Recent work includes:

  • Kaitey v SSHD [2022] 3 WLR 121 – whether conditional immigration bail can be imposed on a person if it would be unlawful to detain them.
  • Antoniades & Ors v Administrator of the Sovereign Base Areas (JR/1, 4 & 5/2015) – represented the successful Administrator resisting a claim for judicial review brought by locally employed civilians in the Sovereign Base Areas (Judgment, 22 June 2022)
  • R (Balhav Singh) v SSHD (JR/5767/2019) – Acted for the Secretary of State in a case about the duty to remedy an historical injustice in immigration decisions.
  • R (Tumani) v Transport for London (CO/2610/2020) – Acted for claimant in a challenge to a decision to re-route a bus.
  • RR v SSWP  [2019] 1 W.L.R. 6430 – Major constitutional case in the Supreme Court about what remedy a tribunal can grant to victims of the bedroom tax – acted for the successful appellant.
  • KT and SH v Secretary of State for Work and Pensions [2020] UKUT 252 (AAC) – How to approach in PIP decisions the risk of fire to deaf people while they wash.
  • Dover DC & China Gateway International Ltd v CPRE Kent  [2018] 1 W.L.R. 108 – Leading case in the Supreme Court concerning the duty on local authorities to give reasons for planning decisions.
  • Aireborough Neighbourhood Development Forum v Leeds City Council [2020] 1 W.L.R. 2355 – Whether unincorporated associations have legal capacity to issue proceedings.
  • HJ Banks & Company Ltd v SSHCLG  [2019] P.T.S.R. 668 – a challenge to the decision to refuse planning permission for a new open-cast coal mine (acting for Friends of the Earth).
  • RJ, GMcL and CS v Secretary of State for Work and Pensions v RJ (PIP)  [2017] UKUT 105 (AAC) –  three-judge panel of the Upper Tribunal in a case concerning the interpretation of the meaning of “safely” in the Personal Independence Payment Regulations 2013 (acting pro bono for the National Deaf Children’s Society).
  • Bufalo v SSHD; Moradi v SSHD; TDZ v SSHD; Wiles v SSHD – Acting pro bono (through the AIRE Centre) in multiple successful appeals by EEA nationals against Deportation Orders.

He has considerable expertise in planning and environmental law (see separate tabs), and regularly advises on cases that combine public and property law.

Matthew regularly acts for claimants in judicial review claims challenging detention and deportation, and he also acts for appellants in the First-Tier Tribunal (Immigration and Asylum Chamber) and in the Upper Tribunal (Immigration and Asylum Chamber).

He regularly acts pro bono, in particular for the AIRE Centre and the National Deaf Children’s Society.

Prior to joining Landmark Chambers, Matthew was a Legal Assistant at the European Council of Refugees and Exiles in Brussels, Belgium. He has also volunteered for a number of legal charities in London, including the Free Representation Unit, the Afghan and Central Asia Association, the National Centre for Domestic Violence, the Bar Pro Bono Unit, Southwark Law Centre and the Refugee Children’s Rights Project.

Property

Matthew has a property practice with particular expertise in cases that require knowledge of planning, environmental and public law. Recent work includes:

  • Acting for a high-profile UK retailer in injunction proceedings against trespassers across a number of different sites.
  • Acting for a major gas transporter in a successful urgent application in the High Court for an interim injunction preventing development works in the vicinity of a high-pressure pipeline.
  • Successfully representing a group of Right-to-Buy leaseholders in resisting a £50,000 service charge demand per flat in the First-Tier Tribunal: see News Item.
  • An arbitration, led by Katharine Holland QC, over the interpretation of compensation clauses in a pipeline easement deed.

Cases

  • Kaitey v SSHD [2022] 3 WLR 121;
  • R (Finch) v Surrey CC [2022] PTSR 958;
  • Patel v SSHCLG [2021] EWHC 2115 (Admin);
  • Hedges v SSHCLG [2021] EWHC 2392 (Admin);
  • (Balhav Singh) v SSHD (JR/5767/2019);
  • R (Tumani) v Transport for London (CO/2610/2020) – Acted for claimant in a challenge to a decision to re-route a bus;
  • Monkhill Ltd v SSHCLG [2021] PTSR 1432 – Meaning of policies providing a “clear reason for refusal” in National Planning Policy Framework para. 11(d);
  • Peel Investments (North) Ltd v SSHCLG [2021] PTSR 298 – Whether a time-expired plan is “out of date” under para. 11(d) of the National Planning Policy Framework;
  • KT and SH v Secretary of State for Work and Pensions [2020] UKUT 252 (AAC)
  • Keep Bourne End Green v Wycombe Council  [2020] EWHC 1984 (Admin) 
  • Aireborough Neighbourhood Development Forum v Leeds City Council  [2020] 1 W.L.R. 2355; [2020] 1461 (Admin); [2020] EWHC 2183 (Admin)
  • Craven District Council v SSHCLG  (CO/58/2020)  
  • Elmbridge District Council v R (Davison)  [2020] 1 P. & C.R. 1 
  • R (Asda Stores Limited) v Leeds City Council  [2020] P.T.S.R. 874 
  • Rectory Homes v SSHCLG  [2020] EWHC 2098 (Admin) 
  • Abbey Properties v East Cambridgeshire District Council  (CO/1007/2020) 
  • Advearse v Dorset Council  [2020] EWHC 807 (Admin)
  • Tower Hamlets LBC v SSHCLG [2020] P.T.S.R. 111
  • RR v SSWP [2019] 1 W.L.R. 6430
  • Xyan Holdings v SSHCLG  [2019] EWHC 2907 (Admin)
  • R (Locke) v Newcastle City Council  (CO/4426/2019) 
  • Lin De Pan v SSHD  (CO/3467/2019)
  • HJ Banks & Company Ltd v SSHCLG [2019] P.T.S.R. 668 
  • R (Gorst Energy) v East Devon District Council  (CO/4635/2019) 
  • Dover DC & China Gateway International Ltd v CPRE Kent  [2018] 1 W.L.R. 108
  • William Davis Ltd v Charnwood BC  [2018] J.P.L. 549 
  • Eatherley v Camden LBC [2017] P.T.S.R. 288 
  • RJ, GMcL and CS v Secretary of State for Work and Pensions v RJ (PIP)  [2017] UKUT 105 (AAC) 
  • Basildon Council v Whiting  (HQ18X03326) 
  • Dillner v Sheffield City Council  [2016] Env. L.R. 31 
  • Antoniades (No.2) & Others v The Administrator of the Sovereign Base Areas of Akrotiri and Dhekelia(1/2015, 4/2015, 5/2015) 

Qualifications

  • Balliol College, University of Oxford (BA, Philosophy, Politics and Economics)
  • Birkbeck, University of London (Distinction, LLM Qualifying Law Degree)
  • City University London (Outstanding, BPTC)

Scholarships and Awards

  • Inner Temple Major Scholarship
  • The William Rose Memorial Prize for Excellence in Drafting (for the highest mark in the BPTC drafting assessment)
  • The Sibel Dedezade Pro Bono Award (for exceptional pro bono work)
  • Winner of the Human Rights Lawyers’ Association Judicial Review Competition 2013
  • Winner of the Access to Justice Foundation Student Essay Competition 2013
  • Highest ranked UK team, International Monroe E. Price Media Law Moot
  • Balliol College Markby Exhibitioner

Inquiries

Inquiries

Cypress House, Handforth

01/07/2022

re-development of a dis-used care home into assisted-living apartments

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Inquiries

Thistle Quay Hotel, Poole

01/07/2022

mixed-use residential, hotel and commercial scheme in historic Poole quayside

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Inquiries

Warren Golf Club, Maldon

01/06/2022

luxury holiday lodges on an existing golf club estate

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Inquiries

The Sail Lofts, Maldon

02/05/2022

Lawful Development Certificate appeal concerning residential riverside accommodation

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Inquiries

Maldon Road, Burnham-on-Crouch

01/03/2022

Phase 2 of a retirement village on greenfield

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Inquiries

West Berkshire Minerals and Waste Local Plan

01/02/2022

represented West Berkshire Council at examination hearings for new local plan document

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Inquiries

Skippy Industries environmental permit revocation appeal (for the Environment Agency)

18/01/2022

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Inquiries

Knipton and Eshton Beck water abstraction licence appeals (for the Environment Agency)

06/01/2022

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Inquiries

Land West of Loxwood Road, Alfold

07/12/2021

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Land at Cornwall Road, Basildon

26/10/2021

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Site Allocations DPD Examination, Cheshire East

12/10/2021

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Old Army Camp, Chichester

14/09/2021

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Land East of Broad Road, Hambrook

01/09/2021

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Whitstable Oyster Company, Whitstable

26/07/2021

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Madonna Halley Hotel, Edgware

01/07/2021

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Inquiries

Bullens Green Lane, Colney Heath

27/04/2021

2 week public inquiry acting jointly for Welwyn Hatfield Borough Council and St Albans City and District Council in relation to a scheme for 100 homes in the Green Belt – April – May 2021

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Inquiries

Newbridge Road, Bath

16/02/2021

2 week public inquiry acting for appellant Oakhill Group Limited in relation to a major residential and student accommodation scheme – February 2021

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Oyster Trestles, Whitstable

01/03/2020

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Land at the former Redcar Steel Works, Redcar

01/02/2020

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Land East of Loxwood Road, Alfold

01/01/2020

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Missanda, Wells Lane, Ascot

01/01/2020

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Swanley Town Centre Regeneration, Swanley

04/06/2019

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Holly House, Harpsden

02/04/2019

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Waterside Holiday Park, Essex

12/03/2019

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Land South of Gloucester Road, Thornbury

21/01/2019

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Former Kumor Nursery, Sandwich

04/12/2018

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Whitecap Mushroom Farm, Maldon

20/11/2018

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Land East of Park Road, Didcot

22/05/2018

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Racton View, Westbourne

01/05/2018

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Broadoak, Worsley

20/02/2018

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Handforth Dean Retail Park, Cheshire

23/01/2018

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South Eden Park Road, Bromley

09/01/2018

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324 Philip Lane, Hackney

05/09/2017

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Potters Farm, Bromley

05/07/2017

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Flatts Lane, Redcar

25/04/2017

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Oakfield Farm, Essex

14/03/2017

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Gorstyhill ‘Wychwood Village Extension’, Crewe

01/02/2017

The Secretary of State has dismissed a recovered appeal against Cheshire East Council’s refusal of outline planning permission for up to 900 homes and a range of employment, education and retail facilities on a former golf course near Crewe. Between the Inspector’s report and the Secretary of State’s decision, the Council adopted their new Local Plan Strategy and could demonstrate a housing land supply for 5.3 years.

The Secretary of State agreed with the Inspector that the large-scale proposal was clearly contrary to local plan policies restricting development in the open countryside and at the bottom of the settlement hierarchy. The Appellant’s suggestion that the site had been designated for development was based on a misinterpretation of the former local plan proposals map. The proposal was also considered to be premature by the Inspector given the advanced stage of the Local Plan Strategy (in which the site was not allocated) at the time of her report.

The Secretary of State said that “how the future demands of HS2 will be met is a matter for consideration through a development plan and should be afforded no weight in the planning balance”.

Given the former absence of a five-year housing land supply, the Inspector had applied NPPF para. 14 and found that the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits of the proposal. The Secretary of State – with 5.3 years supply confirmed under the new Local Plan Strategy – concluded that the proposal was not in accordance with the development plan, and no material considerations indicated that permission should be granted despite that conflict.

A copy of the decision is available here.

Christopher Katkowski QC and Matthew Fraser acted for Cheshire East Council.

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Inquiries

Land East of Fontwell Avenue, Fontwell

01/11/2016

Called-in application.

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Cheshire East Local Plan Examination

27/09/2016

Hearings.

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Footpath – Carey Way to Footpath 1 near Clifton Bridge, Olney

19/05/2016

Right of way.

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Recovered Part IIA contaminated land appeal opens

08/12/2015

On Tuesday 8 December 2015 an inquiry opens into an appeal by Jim 2 Limited (“Jim 2”) under section 78L(1) of the Environmental Protection Act 1990 (“the 1990 Act”) against a remediation notice served on it by Walsall Metropolitan Borough Council on 17 March 2015 (“the Remediation Notice”). The Remediation Notice requires Jim 2 to de-contaminate the land enclosed within the domestic curtilages of 69 residential properties, which form part of the Stonegate Housing Estate, Walsall which forms part of the land formerly occupied by the Willenhall Town Gas Works. The contamination case focusses on Benzo(a)pyrene (“B(a)P”). B(a)P is commonly used as an indicator compound for the mixture of compounds found in combustion products like Gas Works waste . B(a)P is a persistent organic pollutant, which has been designated by the International Agency Research on Cancer as a Human Carcinogen (Group 1), which means that the evidence is sufficient to determine that the agent is carcinogenic to humans, as opposed to probably (Group 2A) or possibly (Group 2B) carcinogenic to humans.

The appeal is believed to be only the second ever made to the Secretary of State under s. 78L of the 1990 Act notwithstanding the regime having been in force for 15 years. The Secretary of State has recovered the appeal in recognition of “the potential policy implications for contaminated land law” and in “view of the challenges raised on the application of the Environmental Protection Act 1990 and of the revised Statutory Guidance published in 2012. The appeal is expected to last 2 weeks.

James Maurici QC and Matthew Fraser are appearing for the Council, the enforcing authority.

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Inquiries

Stonegate Housing Estate, Walsall

08/12/2015

Recovered Part IIA contaminated land appeal.

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Inquiries

37 The Circle, London

24/11/2015

Enforcement appeal.

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Articles and Presentations

Inquiries

Cypress House, Handforth

01/07/2022

re-development of a dis-used care home into assisted-living apartments

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Inquiries

Thistle Quay Hotel, Poole

01/07/2022

mixed-use residential, hotel and commercial scheme in historic Poole quayside

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Inquiries

Warren Golf Club, Maldon

01/06/2022

luxury holiday lodges on an existing golf club estate

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Inquiries

The Sail Lofts, Maldon

02/05/2022

Lawful Development Certificate appeal concerning residential riverside accommodation

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Inquiries

Maldon Road, Burnham-on-Crouch

01/03/2022

Phase 2 of a retirement village on greenfield

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Inquiries

West Berkshire Minerals and Waste Local Plan

01/02/2022

represented West Berkshire Council at examination hearings for new local plan document

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Inquiries

Skippy Industries environmental permit revocation appeal (for the Environment Agency)

18/01/2022

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Inquiries

Knipton and Eshton Beck water abstraction licence appeals (for the Environment Agency)

06/01/2022

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Inquiries

Land West of Loxwood Road, Alfold

07/12/2021

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Inquiries

Land at Cornwall Road, Basildon

26/10/2021

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Inquiries

Site Allocations DPD Examination, Cheshire East

12/10/2021

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Inquiries

Old Army Camp, Chichester

14/09/2021

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Inquiries

Land East of Broad Road, Hambrook

01/09/2021

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Inquiries

Whitstable Oyster Company, Whitstable

26/07/2021

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Inquiries

Madonna Halley Hotel, Edgware

01/07/2021

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Inquiries

Bullens Green Lane, Colney Heath

27/04/2021

2 week public inquiry acting jointly for Welwyn Hatfield Borough Council and St Albans City and District Council in relation to a scheme for 100 homes in the Green Belt – April – May 2021

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Inquiries

Newbridge Road, Bath

16/02/2021

2 week public inquiry acting for appellant Oakhill Group Limited in relation to a major residential and student accommodation scheme – February 2021

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Inquiries

Oyster Trestles, Whitstable

01/03/2020

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Inquiries

Land at the former Redcar Steel Works, Redcar

01/02/2020

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Inquiries

Land East of Loxwood Road, Alfold

01/01/2020

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Inquiries

Missanda, Wells Lane, Ascot

01/01/2020

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Inquiries

Swanley Town Centre Regeneration, Swanley

04/06/2019

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Inquiries

Holly House, Harpsden

02/04/2019

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Inquiries

Waterside Holiday Park, Essex

12/03/2019

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Inquiries

Land South of Gloucester Road, Thornbury

21/01/2019

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Inquiries

Former Kumor Nursery, Sandwich

04/12/2018

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Inquiries

Whitecap Mushroom Farm, Maldon

20/11/2018

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Inquiries

Land East of Park Road, Didcot

22/05/2018

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Inquiries

Racton View, Westbourne

01/05/2018

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Inquiries

Broadoak, Worsley

20/02/2018

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Inquiries

Handforth Dean Retail Park, Cheshire

23/01/2018

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Inquiries

South Eden Park Road, Bromley

09/01/2018

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Inquiries

324 Philip Lane, Hackney

05/09/2017

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Inquiries

Potters Farm, Bromley

05/07/2017

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Inquiries

Flatts Lane, Redcar

25/04/2017

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Inquiries

Oakfield Farm, Essex

14/03/2017

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Inquiries

Gorstyhill ‘Wychwood Village Extension’, Crewe

01/02/2017

The Secretary of State has dismissed a recovered appeal against Cheshire East Council’s refusal of outline planning permission for up to 900 homes and a range of employment, education and retail facilities on a former golf course near Crewe. Between the Inspector’s report and the Secretary of State’s decision, the Council adopted their new Local Plan Strategy and could demonstrate a housing land supply for 5.3 years.

The Secretary of State agreed with the Inspector that the large-scale proposal was clearly contrary to local plan policies restricting development in the open countryside and at the bottom of the settlement hierarchy. The Appellant’s suggestion that the site had been designated for development was based on a misinterpretation of the former local plan proposals map. The proposal was also considered to be premature by the Inspector given the advanced stage of the Local Plan Strategy (in which the site was not allocated) at the time of her report.

The Secretary of State said that “how the future demands of HS2 will be met is a matter for consideration through a development plan and should be afforded no weight in the planning balance”.

Given the former absence of a five-year housing land supply, the Inspector had applied NPPF para. 14 and found that the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits of the proposal. The Secretary of State – with 5.3 years supply confirmed under the new Local Plan Strategy – concluded that the proposal was not in accordance with the development plan, and no material considerations indicated that permission should be granted despite that conflict.

A copy of the decision is available here.

Christopher Katkowski QC and Matthew Fraser acted for Cheshire East Council.

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Inquiries

Land East of Fontwell Avenue, Fontwell

01/11/2016

Called-in application.

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Inquiries

Cheshire East Local Plan Examination

27/09/2016

Hearings.

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Inquiries

Footpath – Carey Way to Footpath 1 near Clifton Bridge, Olney

19/05/2016

Right of way.

:

Inquiries

Recovered Part IIA contaminated land appeal opens

08/12/2015

On Tuesday 8 December 2015 an inquiry opens into an appeal by Jim 2 Limited (“Jim 2”) under section 78L(1) of the Environmental Protection Act 1990 (“the 1990 Act”) against a remediation notice served on it by Walsall Metropolitan Borough Council on 17 March 2015 (“the Remediation Notice”). The Remediation Notice requires Jim 2 to de-contaminate the land enclosed within the domestic curtilages of 69 residential properties, which form part of the Stonegate Housing Estate, Walsall which forms part of the land formerly occupied by the Willenhall Town Gas Works. The contamination case focusses on Benzo(a)pyrene (“B(a)P”). B(a)P is commonly used as an indicator compound for the mixture of compounds found in combustion products like Gas Works waste . B(a)P is a persistent organic pollutant, which has been designated by the International Agency Research on Cancer as a Human Carcinogen (Group 1), which means that the evidence is sufficient to determine that the agent is carcinogenic to humans, as opposed to probably (Group 2A) or possibly (Group 2B) carcinogenic to humans.

The appeal is believed to be only the second ever made to the Secretary of State under s. 78L of the 1990 Act notwithstanding the regime having been in force for 15 years. The Secretary of State has recovered the appeal in recognition of “the potential policy implications for contaminated land law” and in “view of the challenges raised on the application of the Environmental Protection Act 1990 and of the revised Statutory Guidance published in 2012. The appeal is expected to last 2 weeks.

James Maurici QC and Matthew Fraser are appearing for the Council, the enforcing authority.

:

Inquiries

Stonegate Housing Estate, Walsall

08/12/2015

Recovered Part IIA contaminated land appeal.

:

Inquiries

37 The Circle, London

24/11/2015

Enforcement appeal.

:

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