Practice Summary
Matthew was called in 1995 and practices in planning, environmental, local government and local government-related property law.
Matthew was ranked as a leading junior in the planning sections of Chambers & Partners and the Legal 500 from 2008 until he took silk in 2017. Since taking silk, he continues to be ranked as a leader. The guides say he “is an authoritative presence in conference and he’s creative with his arguments.” “He is very thorough, he always makes the best case he can and he works very well with the client.” “he has a phenomenal intellect and clients enjoy working with him. Nothing seems to faze him”, “his planning knowledge is excellent” with “approachability and commitment”, “he is a strong advocate who relates well to clients.” “A brilliant new silk, he’s great on the detail and always well prepared.”, he “is extremely capable in advocacy and cross-examination – you know you have given your client the best shot”, “a very good choice for the difficult cases”; “a leading junior, excellent at leading detailed cases at inquiry”, “tenacious, meticulous and thorough in cross-examination”, “especially valued for his expertise in cases that combine elements of planning, real estate and environmental law”, “a thorough and efficient handling of cases” and “a first-choice barrister for anything contentious”.
Matthew routinely appears in all the courts of record including the Supreme Court, the Court of Appeal, Divisional Courts and the High Court as well as the criminal courts, Parliament and the Upper Tribunal (Lands Chamber). He acts for developers, local authorities and NGOs. He has appeared in over 50 reported Court cases and 70 significant inquiries and hearings.
His recent 2019 work has comprised housing development projects involving 3000 houses, major minerals sites new road compulsory purchase projects, energy from waste power stations, transport and work act orders, development agreement arbitrations, developments affecting grade 1 listed buildings, habitat regulations cases, local plan promotion and major planning enforcement and POCA orders.
Planning and Local Government
Within the planning field, Matthew acts for private clients and local authorities. He has wide experience in a number of forums, including:
- Appeals;
- Called-in applications;
- High Court, Court of Appeal and Supreme Court challenges.
- Development plan examinations; and
- Enforcement matters including representation in the Magistrate, Crown and High Courts;
He has both promoted and objected to large scale housing and retail schemes, industrial developments and infrastructure projects; projects have included a large number of windfarm and renewable energy schemes as well as stadia and port developments. He has promoted waste transfer facilities through appeals and represented authorities objecting to them.
He successfully challenged the East of England and South East England Regional Spatial Strategies. He appeared in St Albans District Council v Hunston Properties [2013] EWCA 1610, the landmark decision on the interpretation of NPPF housing policy and the Supreme Court case addressing the giving of reasons in planning decisions, Dover District Council v CPRE [2017] UKSC 79. He acted for the Appellant in the landmark Supreme Court case addressing the interpretation of planning permissions in Lambeth Borough Council v Secretary of State for Communities, Housing and Local Government [2019].
He also represents local authorities and defendants in criminal planning cases both in the Magistrates and Crown Courts and has done a large number of cases arising under the Proceeds of Crime Act 2002 including in the Court of Appeal, Criminal Division.
Local Government, Compulsory Purchase and Property Law
Other areas of local government work include compulsory purchase and compensation cases in which he has appeared at inquiries and in the Upper Tribunal (Lands Chamber). He has promoted CPOs on housing, highway and regeneration projects and acted for claimants and objectors to numerous compulsory purchase schemes. Matthew’s compensation practice has dealt with a wide-range of matters, including mining and railway projects. In Parliament, Matthew has represented local authorities objecting to Crossrail and promoting private bills in the Lords.
Since taking silk, Matthew has advised on development agreements for major corporations and their interrelationship with the planning system. In 2018, he was involved in a significant arbitration concerning planning exclusions in a conditional contract. He is regularly involved in cases involving the crossover between property law (covenants and other rights) and the planning system.
He is a member of the Bar’s parliamentary practitioner association, the Parliamentary Bar Mess. He is a member of the Compulsory Purchase Association.
Environment
In the environmental field, Matthew has particular expertise in contaminated land matters, appearing at the first special site contaminated land case in the country, representing major corporations in contaminated land appeals and remediation notice cases and appearing in the High Court on contaminated land issues. He was the environmental permitting (pollution) section contributor of the Oxford University Press Environmental Law and authored waste chapter of Garner’s Environmental Law. He has acted on cases concerned with the permitting process in the heavy industry sector (pottery works, oil and petrochemicals). He has dealt with major infrastructure projects in the environmental field (oil, mining, housing and rail) and has represented two local authorities in a draft water resources management plan inquiry for the Thames Water area. He is currently promoting a major enabling development project for a substantial contaminated land site.
In Matthew’s highways law practice, he has represented clients on rights of way and highway (including major road) inquiries and has appeared in both the High Court and the Court of Appeal on traffic regulation and New Roads and Street Works cases.
He is a member of the Planning and Environment Bar Association and was a contributor to Environmental Law (OUP, 2008) and Garner’s Environmental Law until 2016.
Qualifications
Matthew read history at King’s College, Cambridge. He has an MA in Law from City University and was a Middle Temple Jules Thorn Scholar. He is a member of the Planning and Environment Bar Association and is a contributor to Environmental Law (OUP, 2008). Matthew is happy to contribute articles or speak at seminars.
Matthew is a member of the Compulsory Purchase Association and a member of the Parliamentary Bar Mess. He is also a qualified ADR Group Accredited Mediator.
Recommendations
He has been described in Chambers & Partners as:
- “He has a phenomenal intellect and clients enjoy working with him. Nothing seems to faze him”.
- “His planning knowledge is excellent” with “approachability and commitment”.
- “He is a strong advocate who relates well to clients.” “A brilliant new silk, he’s great on the detail and always well prepared.”
- “one of the most hard-working, determined barristers around. He has a very good knowledge of planning law, especially with environmental issues, and is extremely capable in advocacy and cross-examination – you know you have given your client the best shot. A very good choice for the difficult cases”; he is described as “a leading junior, excellent at leading detailed cases at inquiry”.
- “tenacious, meticulous and thorough in cross-examination”.
- “especially valued for his expertise in cases that combine elements of planning, real estate and environmental law”.
- “solid and straightforward”.
- “He will go far as he is very driven”.
- “A top choice for local authorities seeking a well-regarded junior with a range of experience. He has particular expertise in the housing sector”.
- “regarded as one of the top planning juniors currently working in the field. He excels in a wide range of cases including appeals at all levels, enforcement matters and the promotion of or objection to development in the residential, retail and industrial sectors. His work for both government bodies and private corporations has earned him an excellent profile”.
- “His strengths are his seemingly endless energy and enthusiasm for the matter, together with the immense amount of preparation and ability to cross-refer to the evidence.”
- “He has a very good mind and is fantastically talented. I am not at all surprised that he got silk.”
- “His work for both government bodies and private corporations has earned him an excellent profile in the market”.
The Legal 500 comments on Matthew:
- “his knowledge of planning law is second to none”,
- “a thorough and efficient handling of cases”.
- “a first-choice barrister for anything contentious”.
- “He has excellent knowledge of planning and public law.”
- “He is accessible and approachable”.
Inquiries
- 29/05/2019Copthorne Road
- 15/02/2019East West Rail project
- 21/11/2018Poynton Relief Road, Cheshire
- 13/06/2018Energy from Waste Power Station, Ratty’s Lane, Hoddesdon
- 15/12/2017Sir Christopher Wren Hotel, Windsor
- 01/08/2017Singledge Lane, Dover
- 04/07/2017Hampton Riviera
- 23/05/2017Palace Gardens, London, W8
- 28/03/2017Nexus Schools Trust, Farnborough
- 23/03/2017South Cambridgeshire Local Plan examination
- 07/02/2017Luton Borough Council Local Plan examination
- 03/10/2016St Albans Local Plan examination October 2016
- 16/05/2016Oaklands College, Hertfordshire, 2016
- 08/03/2016London Road, St Albans, 2016
- 09/02/2016Hanstead, Hertfordshire, 2016
- 12/01/2016Bisham, Berkshire, 2016
- 16/09/2015West End, Woking, 2015
- 23/06/2015Scartho, Lincolnshire, 2015
- 02/06/2015Route 39 Academy, North Devon, 2015
- 17/03/2015Thaxted Road, Saffron Walden, 2015
- 06/01/2015Under the Hill, South Downs National Park, 2015
- 06/01/2015Selborne, South Downs National Park Authority, 2015
- 09/09/2014Sussex Road, Petersfield, South Downs National Park, 2014
- 08/07/2014Action Park, Essex, 2014
- 01/07/2014BRE, Hertfordshire, 2014
- 14/01/2014Portland Academy, Dorset, 2014
- 14/11/2013Essex County Minerals Local Plan, 2013
- 23/04/2013Orchard Wharf, Tower Hamlets, London, 2013
- 06/02/20138 Albert Embankment, Lambeth, London, 2013
- 05/02/2013Sewell Park, St Albans, 2013
- 30/01/2013Nansen Road, Wandsworth, 2013
- 23/10/2012Elsenham Quarry, Essex, 2012
- 17/07/2012Windmill Golf Club, Milton Keynes
- 01/05/2012Greenacres, Essex
- 24/04/2012Long Acre, Essex
- 20/03/2012Harpenden Road, Harpenden
- 13/03/2012Stanton, Suffolk
- 01/01/2012Wayford Bridge, Broads National Park, 2012
- 20/09/2011Cogges Link Road Compulsory Purchase Order Inquiry, Oxfordshire
- 04/05/2011Hampton Park II, Salisbury
- 05/04/2011Beaumont School, St Albans
- 01/01/2011Palm Nurseries, Guildford
- 01/01/2011Maldon windfarm inquiry
- 15/06/2010Thames Water Management Plan
- 01/03/2010Wallace Way, Hitchin
- 01/11/2009Railfreight Terminal, St Albans, November 2009
- 01/10/2009Grise wind farm, Lake District
- 08/09/2009Berrier Hill wind farm, Lake District
- 02/03/2009Oaklands College, St Albans
- 02/03/2009Oaklands College, St Albans
- 05/01/2009Tottenham High Road
- 08/10/2008Mixed Office and Residential Development of land at TRL Headquarters, Bracknell Forest
- 18/09/2008West Berkshire Green Composting Processing Appeal
- 04/09/2008Hertfordshire Golf and Country Club
- 11/03/2008Cumbria Windfarm Inquiry (Hoff Moor)
- 01/12/2007Strategic Railfreight Interchange, St Albans
- 01/07/2007Port gains approval in Thames Gateway
- 01/01/2007Enfield Town Tower Block Development
- 01/01/2007Sandridge Special Site
- 01/06/2005Thames Gateway inquiry
- 01/01/2005London Borough of Waltham Forest Unitary Development Plan
- 01/01/2003London Gateway
- 01/12/2000Barnfield Drive, Chichester
Inquiries
Port gains approval in Thames Gateway
01/07/2007
Landmark barristers played a significant part in securing planning permission after years of delay for a major port scheme in the Thames Gateway.
The London Gateway scheme at Shellhaven will be comprised of up to seven container vessel berths and a roll-on-roll-off facility along 2.7km of the quayside on the site of the former Shell oil refinery in Thurrock.
Developer DP World plans to invest about 1.5 billion in the project over the next 10 to 15 years. Construction is planned to begin later this year, with the first occupiers being in place within 12 to 18 months and the port operational from 2010.
The port will provide 1,900 jobs, with thousands more in a logistics and business park next to the port. A public inquiry into the development was held in 2003. An inspector recommended conditions to mitigate the scheme’s impact, particularly on the roads network.
The government issued two letters of approval. No development could take place until its concerns over congestion were allayed, it insisted. Transport Minister Gillian Merron said: “It has taken time to finalise this decision. But it was right to consider it carefully.”
Christopher Katkowski QC promoted and was instructed by MacFarlanes, David Forsdick represented the Royal Society for the Protection of Birds (RSPB), David Smith represented the Treasury Solicitors, Eian Caws represented the Strategic Rail Authority (SRA), Nathalie Lieven QC represented Transco (British Gas) and William Hicks QC and Matthew Reed represented BP Oil.
Inquiries
Thames Gateway inquiry
01/06/2005
Landmark barristers played a significant part in securing planning permission after years of delay for a major port scheme in the Thames Gateway.
The London Gateway scheme at Shellhaven will be comprised of up to seven container vessel berths and a roll-on-roll-off facility along 2.7km of the quayside on the site of the former Shell oil refinery in Thurrock.
Developer DP World plans to invest about 1.5 billion in the project over the next 10 to 15 years. The port will provide 1,900 jobs, with thousands more in a logistics and business park next to the port. A public inquiry into the development was held in 2003. An inspector recommended conditions to mitigate the scheme’s impact, particularly on the roads network.
The government issued two letters of approval. No development could take place until its concerns over congestion were allayed, it insisted. Transport Minister Gillian Merron said: “It has taken time to finalise this decision. But it was right to consider it carefully.”
Christopher Katkowski QC promoted and was instructed by MacFarlanes, David Forsdick represented the Royal Society for the Protection of Birds (RSPB), David Smith represented the Treasury Solicitors, Eian Caws represented the Strategic Rail Authority (SRA), Nathalie Lieven QC represented Transco (British Gas) and William Hicks QC and Matthew Reed represented BP Oil.
Articles and Presentations
- Planning High Court Challenges Annual Conference, Part 3 – webinar
- The examination of a Neighbourhood Plan
- Neighbourhood Plans: The Latest Law And Policy – Webinar
- Dealing With Housing Need In A Green Belt Authority
- Developing In The Green Belt – Webinar
- Planning Enforcement Case Law Update
- The Environmental Information Regulations 2004 Presentation
- Environmental Information Regulations
- Decentralisation and Localism Act – Local Authority Powers, Governance and Standards
Inquiries
Port gains approval in Thames Gateway
01/07/2007
Landmark barristers played a significant part in securing planning permission after years of delay for a major port scheme in the Thames Gateway.
The London Gateway scheme at Shellhaven will be comprised of up to seven container vessel berths and a roll-on-roll-off facility along 2.7km of the quayside on the site of the former Shell oil refinery in Thurrock.
Developer DP World plans to invest about 1.5 billion in the project over the next 10 to 15 years. Construction is planned to begin later this year, with the first occupiers being in place within 12 to 18 months and the port operational from 2010.
The port will provide 1,900 jobs, with thousands more in a logistics and business park next to the port. A public inquiry into the development was held in 2003. An inspector recommended conditions to mitigate the scheme’s impact, particularly on the roads network.
The government issued two letters of approval. No development could take place until its concerns over congestion were allayed, it insisted. Transport Minister Gillian Merron said: “It has taken time to finalise this decision. But it was right to consider it carefully.”
Christopher Katkowski QC promoted and was instructed by MacFarlanes, David Forsdick represented the Royal Society for the Protection of Birds (RSPB), David Smith represented the Treasury Solicitors, Eian Caws represented the Strategic Rail Authority (SRA), Nathalie Lieven QC represented Transco (British Gas) and William Hicks QC and Matthew Reed represented BP Oil.
Inquiries
Thames Gateway inquiry
01/06/2005
Landmark barristers played a significant part in securing planning permission after years of delay for a major port scheme in the Thames Gateway.
The London Gateway scheme at Shellhaven will be comprised of up to seven container vessel berths and a roll-on-roll-off facility along 2.7km of the quayside on the site of the former Shell oil refinery in Thurrock.
Developer DP World plans to invest about 1.5 billion in the project over the next 10 to 15 years. The port will provide 1,900 jobs, with thousands more in a logistics and business park next to the port. A public inquiry into the development was held in 2003. An inspector recommended conditions to mitigate the scheme’s impact, particularly on the roads network.
The government issued two letters of approval. No development could take place until its concerns over congestion were allayed, it insisted. Transport Minister Gillian Merron said: “It has taken time to finalise this decision. But it was right to consider it carefully.”
Christopher Katkowski QC promoted and was instructed by MacFarlanes, David Forsdick represented the Royal Society for the Protection of Birds (RSPB), David Smith represented the Treasury Solicitors, Eian Caws represented the Strategic Rail Authority (SRA), Nathalie Lieven QC represented Transco (British Gas) and William Hicks QC and Matthew Reed represented BP Oil.