Richard Clarke

Call: 2009
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Practice Summary

Richard joined Chambers in April 2013, having previously worked as an employed barrister for the Government Legal Department since 2009.

He accepts instructions in all areas of Chambers’ work.

Planning and Environment

Richard is an experienced advocate with a broad planning practice. In addition to his advisory work, current and recent work includes:

High Court cases

  • R (Tarmac Trading Ltd) v Hertfordshire County Council [2016] EWHC 2794 (Admin); a challenge to the Defendant’s grant of planning permission for an inert waste recycling facility in the green belt (led by James Maurici QC);
  • R (Save Britain’s Heritage) v (1) North East Lincolnshire Council (2) Associated British Ports: a challenge to port development on heritage and EIA grounds (sole counsel);
  • R (Whitby) v (1) Secretary of State for Transport (2) Network Rail [2015] EWHC 2804 (Admin); [2016] EWCA Civ 444: Richard acted on behalf of the Network Rail in this challenge against significant railway development in Manchester on heritage grounds (led by Nathalie Lieven QC);
  • Perry v London Borough of Hackney [2014] EWHC 3499 (Admin), an important decision regarding the disclosure of affordable housing assessments as part of the planning process (led by Alex Goodman);
  • Headcorn Parish Council v (1) SSCLG (2) Maidstone Borough Council: a challenge to the adequacy of an environmental screening opinion (sole counsel).

Planning inquiries

Richard has acted as sole counsel at inquiries regarding:

  • a 67 hectare solar farm at Wroughton Airfield (Swindon Borough Council, seven days);
  • the proposed re-development of a public house listed as an asset of community value (Southampton City Council, four days);
  • enforcement against the depositing of waste on agricultural land (South Downs National Park Authority, two days);
  • enforcement against unauthorised residential development (Chichester District Council, two days);
  • enforcement against the installation of caravans on grazing land (Chichester District Council, two days);
  • enforcement against the conversion of a single dwelling into multiple flats (developer client, one day);
  • mixed-use development in Wanstead (developer client, one day planning hearing).

Richard is a co-author of the chapter on Judicial Review Procedure in Garner’s Environmental Law.

Property

Richard has a broad property law advisory practice and regularly appears in the County Court on a range of property matters including injunctions, disrepair, possession and forfeiture cases, as well as general civil litigation.  Richard has particular expertise in complex or unusual possession claims.

Richard also appears in the High Court and has experience of representing landlords in service charge disputes in the Residential Property Tribunal. Richard is able to advise on all aspects of property law and landlord and tenant disputes including disrepair, forfeiture, adverse possession, boundary disputes, easements and restrictive covenants.

Recent advocacy work includes:

  • An urgent possession claim against trespassers in the High Court;
  • Appearing in the High Court on behalf of an individual claiming title to goods subject to a writ of control;
  • Representing the landlord in a fast track trial concerning disrepair to rented premises;
  • Acting on behalf of an NHS Trust to recover a hospital bed against a patient who refused to leave;
  • Acting on behalf of a landlord to recover possession of a dwelling house let to travellers;
  • Resisting an application for an interim injunction in the High Court by a tenant whose lease had been forfeited by peaceable re-entry;
  • Successfully representing a landlord in a service charge case in the Residential Property Tribunal, getting the majority of the claim struck out and the remainder of the service charge demands upheld as reasonable;
  • Appearing in possession and forfeiture claims for both commercial and residential premises.

Public

Richard worked as an employed barrister for the Government Legal Department before joining chambers in April 2013.  Since then, Richard has continued to build his public law practice, acting on behalf of claimants and defendants in the High Court, First Tier and Upper Tribunals.

In addition to planning and environmental judicial review claims, recent cases include R (Cruelty Free International) v Secretary of State for the Home Department [2016] EWHC 1644 (Admin): a one day hearing concerning whether the Defendant had correctly applied the requirements of EU law when granting an animal testing centre an exemption from the need to provide dogs with outside access (sole counsel).

Qualifications

Academic
Richard graduated with a LLB (first class) from Southampton University in 2006 and completed the Bachelor of Civil Law (BCL) at Oxford University in 2007-2008.  He completed the Bar Vocational Course in 2008-2009.

Scholarships
Queen Mother Scholar (Middle Temple)
Harmsworth Entrance Exhibition Scholar (Middle Temple)

Advocacy Prizes
Winner of the Norton Rose prize for best speaker in the Murdoch University International Maritime Arbitration Moot 2006 in Perth, Australia
Winner of the University of Southampton Mooting Competition 2004-05, awarded the Mocatta Moot Prize
Winner of the University of Southampton Mooting Competition 2003-04, awarded the Mocatta Moot Prize

Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

:

Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

A called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

:

Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

:

Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

A called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

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