Rupert Warren QC (Joint Head of Chambers)

Call: 1994Silk: 2012
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Practice Summary

Rupert Warren QC is a specialist in planning and related areas of public law. He is joint Head of Chambers at Landmark. Rupert was called to the Bar in 1994 and took silk in 2012.

His practice is nationwide and he acts for many leading developers as well as central Government, local authorities and individuals.  He has particular expertise in the High Court and Court of Appeal, and in advisory work and advocacy on planning appeals.

Residential development: Rupert acts for most of the country’s main housebuilders and development companies, recently securing planning permission from the Secretary of State for 1500 units in the Green Belt at Brockworth, Gloucestershire; achieving permission for the redevelopment of Hanstead Park, a major Green Belt site in St Albans; successfully advancing a 0% affordable housing development of 400 units at appeal for Barwood Strategic Land; successfully advocating the grant of permission in Devizes opposed by Neighbourhood Plan makers; promoting large urban extensions in south Oxford for Magdalen College and Thames Water; in Basingstoke for Basingstoke & Deane and Hants CC; and in Guildford adjacent to Clandon Park.  He has specialist knowledge of retirement housing and care, currently representing McCarthy & Stone in multiple appeals, Quantum Group, and Renaissance.

In London, Rupert’s recent and current caseload encompasses: securing permission on appeal for a 28 storey tower for Essential Living at Swiss Cottage and a bespoke new dwelling in the Hampstead Conservation Area for the software entrepreneur Jez San; advising on proposed additions to Grade I Listed Buildings in Regents Park, Belgravia Mayfair, St James’ and Soho as well as appearing in the Carlton Tavern appeal (facsimile replacement); his advice also includes major Estate Regeneration for Circle in Merton and commercial and retail cases (see below).

Rupert’s current heritage caseload is extensive, featuring the redevelopments of the former Nestle site in Hayes, Walton Court in Surrey, Soho Square, and development near the Grade I Kedleston Hall and Park, Derby (400 units secured on appeal).

He also specialises in retail, commercial, industrial, employment and infrastructure, and is currently advising and representing Segro (Northfields, Vantage Park), Tesco Stores (nationwide), the Kingswood Development Company (Hull) and Capital & Regional (Luton). He advised and represented DECC in relation to Hinkley Point C new nuclear power station. Recent work in the leisure field includes consent on appeal for Richard Caring’s extension to 34, and Time Out Market’s Spitalfields project.

Rupert was formerly a member of the Attorney General’s ‘A’ Panel of counsel, and He continues to advise DCLG on national policy, including the NPPF, PPTS and Housing White Paper.

Qualifications

Rupert was a scholar at Whitgift School and the Marjoribanks Scholar in Classics at Christ Church, Oxford. He obtained a First Class Honours degree there in 1992, followed by a Diploma in Law from City University. He was called to the Bar as a Karmel Scholar by Gray’s Inn in 1994.

Rupert is the editor of Volumes 5 and 6 of the Sweet & Maxwell Encyclopedia of Planning Law and Practice. He also contributes to Butterworths’ Local Government Law (on compulsory purchase) and to Halsbury’s Laws. He is a past Committee member of PEBA and currently sits on the Committee of the Joint Planning Law Conference. He regularly gives seminar presentations with Landmark, LGG and the RTPI.

Inquiries

100, Avenue Road, Swiss Cottage

14/07/2015

Inquiry into a 24 storey tower at Swiss Cottage. The main issues considered were the impact of the proposed development on the adjacent open space, listed buildings and conservation areas.

Rupert Warren QC acted for the Appellant. Neil Cameron QC acted for the LB of Camden. Kate Olley acted for a group of local residents.

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Inquiries

Apple Hill care home, Henley

29/04/2014

This was a five day inquiry into two appeals, the first under s.174 of the Town and Country Planning Act 1990 against an enforcement notice issued by the Council of the Royal Borough of Windsor and Maidenhead against the use of a residential care home in breach of a condition restricting the use to the “elderly”, and the second under s.78 of the 1990 Act against the Council’s the refusal of planning permission for the premises also to be used as a community mental hospital.

The issues included:

Whether the condition’s purported restriction on the premises’ use for the “elderly” was invalid on grounds of uncertainty.

Whether upholding the enforcement notice would result in unjustified discrimination on grounds of age, contrary to Article 14 ECHR taken together with Article 8.

Whether, having regard to the expert mental healthcare, noise, traffic and planning evidence, the use of the premises for persons other than the “elderly” and/or as a community mental hospital would cause demonstrable harm to the amenity of neighbouring properties and/or amount to inappropriate development in the Green Belt.

Following the inquiry, on 21 October 2014 the Inspector published her decision allowed both appeals.

Sasha White QC and Charles Banner appeared for the appellant, Henley Healthcare Ltd, instructed by Woolf Bond Planning LLP.

Rupert Warren QC appeared for the Council, instructed by the Solicitor to the Royal Borough of Windsor and Maidenhead.

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Inquiries

Urban Extension to Daventry

01/01/2009

Rupert is acting for Capel House Property Trust, the promoters of a 1000 unit mixed use urban extension to Daventry. The Secretary of State will consider the application, along with two other proposals, in late 2009.

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Inquiries

Planning Inquiry Practice

31/07/2008

Rupert has a very busy inquiry practice.

Since January 2008 he has conducted over 40 Inquiries for developers, local authorities and others. He will also give advice about preparation for LDF Core Strategy and DPD Examinations.

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Inquiries

McCarthy & Stone

18/07/2008

Rupert has a close working relationship with McCarthy & Stone and has conducted over 30 appeals for them in the past couple of years. The appeals always raise interesting issues of design, affordable housing and housing policy.

:

Inquiries

Linden Homes development in Maidenhead

01/01/2008

The Inquiry was successfully concluded, dealing with important aspects of PPS25. The site was known as the Former Goring Kerr Works.

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Inquiries

SnOasis

01/01/2008

Rupert successfully promoted the application for the world’s largest indoor real snow dome.

The development includes a large mixed use leisure area focused on winter sports, a residental guest village, a new railway station, and, on adjacent land, 300 new homes.

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Inquiries

Castle hidden in the haystack case, Reigate (2008-2009)

01/01/2008

Rupert acted for the local planning authority, Reigate & Banstead D.C., in successully defending 13 enforcement notice appeals on land at Salfords, Surrey. The Appellant had, as part of the unauthorised development, constructed a large house concealed by straw. The Inspector found it not to have gained immunity.

The Appellant’s High Court challenge is schedule for later in 2009.

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Inquiries

CPO Inquiries 2004-2009

07/11/2007

Rupert has advised on and conducted Inquiries for several major city and town centre CPO’s in recent years, including:

Swindon (2008);

Newbury (2008);

Bristol Broadmead (2005);

Bath Southgate (2006);

Grand Arcade Cambridge (2004); and

Portsmouth Northern Quarter (2008-2009).

He continues to advise on compensation matters relating to these developments.

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Inquiries

Retail Work

21/08/2007

Rupert specialises in retail planning, both for convenience and compensation goods. He represented (with Patrick Clarkson QC) Tesco Stores in its application for a new stadium for Everton F.C. and 50,000 m2 of retail at Krikby, Liverpool in 2008/2009. He has appeared for Tesco on other schemes nationwide.

He has also advised IKEA in relation to a number of schemes, including the recently-opened store in Southampton.

:

Inquiries

100, Avenue Road, Swiss Cottage

14/07/2015

Inquiry into a 24 storey tower at Swiss Cottage. The main issues considered were the impact of the proposed development on the adjacent open space, listed buildings and conservation areas.

Rupert Warren QC acted for the Appellant. Neil Cameron QC acted for the LB of Camden. Kate Olley acted for a group of local residents.

:

Inquiries

Apple Hill care home, Henley

29/04/2014

This was a five day inquiry into two appeals, the first under s.174 of the Town and Country Planning Act 1990 against an enforcement notice issued by the Council of the Royal Borough of Windsor and Maidenhead against the use of a residential care home in breach of a condition restricting the use to the “elderly”, and the second under s.78 of the 1990 Act against the Council’s the refusal of planning permission for the premises also to be used as a community mental hospital.

The issues included:

Whether the condition’s purported restriction on the premises’ use for the “elderly” was invalid on grounds of uncertainty.

Whether upholding the enforcement notice would result in unjustified discrimination on grounds of age, contrary to Article 14 ECHR taken together with Article 8.

Whether, having regard to the expert mental healthcare, noise, traffic and planning evidence, the use of the premises for persons other than the “elderly” and/or as a community mental hospital would cause demonstrable harm to the amenity of neighbouring properties and/or amount to inappropriate development in the Green Belt.

Following the inquiry, on 21 October 2014 the Inspector published her decision allowed both appeals.

Sasha White QC and Charles Banner appeared for the appellant, Henley Healthcare Ltd, instructed by Woolf Bond Planning LLP.

Rupert Warren QC appeared for the Council, instructed by the Solicitor to the Royal Borough of Windsor and Maidenhead.

:

Inquiries

Urban Extension to Daventry

01/01/2009

Rupert is acting for Capel House Property Trust, the promoters of a 1000 unit mixed use urban extension to Daventry. The Secretary of State will consider the application, along with two other proposals, in late 2009.

:

Inquiries

Planning Inquiry Practice

31/07/2008

Rupert has a very busy inquiry practice.

Since January 2008 he has conducted over 40 Inquiries for developers, local authorities and others. He will also give advice about preparation for LDF Core Strategy and DPD Examinations.

:

Inquiries

McCarthy & Stone

18/07/2008

Rupert has a close working relationship with McCarthy & Stone and has conducted over 30 appeals for them in the past couple of years. The appeals always raise interesting issues of design, affordable housing and housing policy.

:

Inquiries

Linden Homes development in Maidenhead

01/01/2008

The Inquiry was successfully concluded, dealing with important aspects of PPS25. The site was known as the Former Goring Kerr Works.

:

Inquiries

SnOasis

01/01/2008

Rupert successfully promoted the application for the world’s largest indoor real snow dome.

The development includes a large mixed use leisure area focused on winter sports, a residental guest village, a new railway station, and, on adjacent land, 300 new homes.

:

Inquiries

Castle hidden in the haystack case, Reigate (2008-2009)

01/01/2008

Rupert acted for the local planning authority, Reigate & Banstead D.C., in successully defending 13 enforcement notice appeals on land at Salfords, Surrey. The Appellant had, as part of the unauthorised development, constructed a large house concealed by straw. The Inspector found it not to have gained immunity.

The Appellant’s High Court challenge is schedule for later in 2009.

:

Inquiries

CPO Inquiries 2004-2009

07/11/2007

Rupert has advised on and conducted Inquiries for several major city and town centre CPO’s in recent years, including:

Swindon (2008);

Newbury (2008);

Bristol Broadmead (2005);

Bath Southgate (2006);

Grand Arcade Cambridge (2004); and

Portsmouth Northern Quarter (2008-2009).

He continues to advise on compensation matters relating to these developments.

:

Inquiries

Retail Work

21/08/2007

Rupert specialises in retail planning, both for convenience and compensation goods. He represented (with Patrick Clarkson QC) Tesco Stores in its application for a new stadium for Everton F.C. and 50,000 m2 of retail at Krikby, Liverpool in 2008/2009. He has appeared for Tesco on other schemes nationwide.

He has also advised IKEA in relation to a number of schemes, including the recently-opened store in Southampton.

:
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