Practice Summary
Stephen has always specialised in planning and related fields of law, having graduated in both law and planning. His experience, both as adviser and advocate, covers the range of planning and related topics, including major infrastructure projects and in particular waste and energy facilities; his work covers the regulatory aspects (under the various regimes and Directives) as well as the planning issues. This also includes extensive experience of village greens, highways, advertisements, heritage assets and compulsory purchase and compensation. This work is for both the private and public sectors. It covers hearings, inquiries, criminal and civil courts, including advising and appearing in judicial review and statutory challenge proceedings.
Stephen employs a strategic and practical approach to advising and representing clients and seeking solutions that might avoid expensive litigation. He prefers to adopt a calm but firm approach to this but adjusted to fit the circumstances. Stephen is also keen on making full use of modern technology to research problems and find information and solutions and delivering these to his clients and, as far as possible, being contactable and available at their convenience.
Stephen is recommended by Chambers & Partners as a leading planning law junior, which states that, “He is extremely thorough, ensures that nothing is overlooked and operates with clarity and courteous conviction.” “Stephen has a down-to-earth, pragmatic approach and his preparation is meticulous.” “He is dedicated and thorough.”, (2020). The Chambers & Partners 2022 edition states, “Stephen is a pleasure to work with. He is calm, reliable and has good client management.”
The Legal 500 also ranks Stephen as a leading junior in planning law, stating, “Stephen has built up a very thorough understanding of the complexities of statistical arguments relating to housing land supply; retail impact assessments and economic need without losing sight of the bigger picture of how those arguments can be used as part of an overall case.” The Legal 500 2022 edition states “Stephen very much works as a team member and is incredibly enjoyable to work with, flexible in his approach to receiving instructions and extremely supportive of his expert witnesses. He has led and guided us through some important enquiries.”
Stephen’s experience covers the whole range of residential, retail, leisure/community and commercial developments (including urban extensions as well as major regeneration schemes), as well the other specific types of development and projects. His work spans all aspects including – developing strategy before and after the necessary consents are sought; in relation to development plan proposals; advising on responding to officers and other consultees; getting around objections; considering conditions or covenants to cover concerns; legal agreements; assisting in written representations as well as hearings, including appearances and in preparing for and appearing at inquiries. Stephen is very familiar with the “technical” aspects including the sequential approach in terms of town centre development as well that in respect of flooding as well as other technical aspects of development such as highways, noise, air quality, contamination and archaeology. He has also has extensive experience in design issues in relation to the whole range of development types. As well as promoting schemes, Stephen has also always worked with local authority teams – including in relation to applications, appeals and formulation and promotion of development plans.
This work covers not just planning application appeals and call-ins but also enforcement notice appeals, certificate of lawfulness appeals, listed buildings enforcement notices. Stephen’s village green work involves him in advising registration authorities and sitting as an inspector; advising and appearing at inquiries on behalf of applicants and objectors; he also appears in the High Court in relation to these matters.
Stephen is also very familiar with the Welsh planning legal and policy context, having been involved in several major development schemes there. Additionally, he has gained extensive experience of other jurisdictions in the above fields. Stephen has in particular extensive experience of the Isle of Man planning system, including appearing at numerous inquiries on the Island.
Stephen regularly gives presentations on both as part of the Landmark Chambers seminar series but also at other major events. Recently these have covered the proposed reforms to village green legislation and procedure, enforcement, energy projects, localism and neighbourhood planning – Stephen has a particular interest on how those new powers can be used and the opportunities and implications they may bring.
Stephen is married with three children and spends his leisure time following Southampton FC, bird watching, playing squash and being a general roadie for his son’s band. Stephen also has a passion for music both live and recorded.
Qualifications
Stephen gained his LLB (Hons) at Warwick University and went on to obtain an M.A. in environmental planning (MRTPI course) from Nottingham University in 1981.
He is a member of the Planning and Environment Bar Association.
Inquiries
- 01/01/2007Major retail schemes
- 01/01/2007Advising London Borough on application of the Procurement Directive and the Public Contracts Regulations 2006 (S.I 2006 No.) to regeneration schemes including affording housing developments and section 106 agreements generally
- 01/01/2007Compulsory Purchase
- 01/01/2007Edgware Road – Major redevelopment near to Paddington Green Police Station
- 01/01/2007Involved in the formulation of strategies, layout and promotion of major settlements/urban extension in South Wales, Lincoln and Wellingborough
- 01/01/2007Major retail schemes
- 01/01/2007Advising London Borough on application of the Procurement Directive and the Public Contracts Regulations 2006 (S.I 2006 No.) to regeneration schemes including affording housing developments and section 106 agreements generally
- 07/12/2006Liquid gas importation and storage facility – David Holgate QC leading Stephen Morgan for the promoter
- 29/06/2006Energy case in particular involved in preparation for a major liquid gas importation and storage facility
- 01/01/2006Village Green Cases
- 06/05/2004Work on the Isle of Man
- 01/01/2001Promoted a road closure and stopping up order on behalf of a South Wales authority (Merthyr) to enable the carrying out of a very extensive and contentious land reclamation scheme
Inquiries
Major retail schemes
01/01/2007
Part of team promoting major redevelopment in Birmingham. Important because of competing scheme; edge of centre issues; regeneration issues; design issues; viability issues. Also promoted Lidl edge of Centre scheme at Coventry,
important because again it involved important sequential test issues but also the provision of a new factory for an important City employer.
Inquiries
Advising London Borough on application of the Procurement Directive and the Public Contracts Regulations 2006 (S.I 2006 No.) to regeneration schemes including affording housing developments and section 106 agreements generally
01/01/2007
The importance of recognising the wide application of the Procurement Directive and Regulations is becoming apparent from decisions of the European Court of Justice such as in the case of La Scala [2001] 1 ECR 1-05409, C-399/98 and Auroux and other v. Roanne C-220/065, 18 January 2007
Inquiries
Compulsory Purchase
01/01/2007
Advised major oil company in reference to Lands Tribunal in relation to claim arising out of acquisition of land for a new highway with the benefit of planning permission for a service station and related development. This raised the very important issue of the application of the Court of Appeal decision in (1) Terence Welford (2) Colin Philips (3) IOD Skip Hire Ltd v EDF Energy Networks (LPN) Ltd (2007) 24 EG 170 to a loss of profits claim where the business hadn’t been commenced.
Inquiries
Edgware Road – Major redevelopment near to Paddington Green Police Station
01/01/2007
Involved at the Inquiry and court proceedings on behalf of major retailer who objected to redevelopment that excluded its land. The application of the changed design policy approach in PPS1 was considered as was the issue of whether the alternative sites legal authorities applied to alternative designs for a site. The matter was finally determined by the Court of Appeal [2007] EWCA Civ 1083.
Inquiries
Involved in the formulation of strategies, layout and promotion of major settlements/urban extension in South Wales, Lincoln and Wellingborough
01/01/2007
These are all important as they raise issues of sustainability and addressing climate change as the policy on these emerges and becomes stricter. The South Wales proposed settlement also centres upon the retention and utilisation of an important listed building, the old Courtaulds Factory. The Lincoln case involved detailed consideration of flooding issues related to alternative sites.
Inquiries
Major retail schemes
01/01/2007
Part of team promoting major redevelopment in Birmingham. Important because of competing scheme; edge of centre issues; regeneration issues; design issues; viability issues. Also promoted Lidl edge of Centre scheme at Coventry, important because again it involved important sequential test issues but also the provision of a new factory for an important City employer.
Inquiries
Advising London Borough on application of the Procurement Directive and the Public Contracts Regulations 2006 (S.I 2006 No.) to regeneration schemes including affording housing developments and section 106 agreements generally
01/01/2007
The importance of recognising the wide application of the Procurement Directive and Regulations is becoming apparent from decisions of the European Court of Justice such as in the case of La Scala [2001] 1 ECR 1-05409, C-399/98 and Auroux and other v. Roanne C-220/065, 18 January 2007
Inquiries
Liquid gas importation and storage facility – David Holgate QC leading Stephen Morgan for the promoter
07/12/2006
This is important because of (i) current concern over the certainty and sustainability of energy supplies as Britain’s own gas supplies are running out (ii) the health and safety issues the profile of which has risen significantly since major explosion/fire at Buncefield Depot, Hertfordshire.
Inquiries
Energy case in particular involved in preparation for a major liquid gas importation and storage facility
29/06/2006
This is important because of (i) current concern over the certainty and sustainability of energy supplies as Britain’s own gas supplies are running out (ii) the health and safety issues the profile of which has risen significantly since Buncefield, Hertfordshire upon which I have also advised.
Inquiries
Village Green Cases
01/01/2006
I acted for the registration authority in the High Court in
R(Laing Homes Ltd) v Buckinghamshire County Council and Secretary of State for the Environment, Food and Rural Affairs [2003] 3 PLR 60 which was an important case raising many significant issues relating to village greens. I have sat as in Inspector at village greens inquiries as well as having acted for applicants and objectors. One such was in Lincolnshire dealing with the claimed use as a village green of a school playing field which raised most of the usual issues including that of the statutory basis of the use of such land and whether that is consistent with land being used “as of right” which was left still open to argument after the House of Lords decision in Oxfordshire County Council v (1) Oxford City Council (2) Catherine Mary Robinson
Inquiries
Work on the Isle of Man
06/05/2004
Involved in promoting and objecting to many schemes on the Island which has a similar planning regime with some subtle differences, including a third party right of appeal which makes the planning adviser’s and the advocate’s role important in defending planning permissions.
Inquiries
Promoted a road closure and stopping up order on behalf of a South Wales authority (Merthyr) to enable the carrying out of a very extensive and contentious land reclamation scheme
01/01/2001
This was important because the issue of the scope of objections which are allowed to such orders under s.257 of the Town and Country Planning Act 1990 when the planning merits have already been determined – see R v Secretary of State for the Environment, Transport & The Regions, Ex parte Batchelor Enterprises Ltd [2001] EWCA Civ 1293.
Articles and Presentations
- Development Plan challenges 2021
- Part 2 – Planning High Court Challenges – webinar series
- Development Plan challenges
- Planning High Court Challenges Annual Conference, Part 2 – webinar
- Progressing Plans in a COVID 19 World
- Development Plan Issues – Webinar
- Development Plans Current Legal Issues
- Plan Making: Green Belt reviews
- The 2018 NPPF and Neighbourhood Planning
- Getting a Neighbourhood Development Plan made and avoiding High Court challenges
- Revised NPPF: Neighbourhood planning
- Plan Making: Interaction with Neighbourhood Development Plans
- Part X of the Town and Country Planning Act 1990: Powers and Procedure
- Alteration to public rights of way to enable development to be carried out (Presentation)
- Neighbourhood Planning in the High Court
- Planning Appeals High Court Challenges
- Community Infrastructure Levy: A Practical Update
- Community Infrastructure Levy: A Practical Update
- Neighbourhood Plans: Progress so far and what next (Presentation)
- Neighbourhood Plans: Progress so far and what next
- The end of New Town and Village Greens?
- The Localism Act- Neighbourhood Planning
- Issues in an Application for Planning Permission for Energy Recovery Facilities
- The Localism Bill- Neighbourhood Planning
- Recent High Court Challenges to Compulsory Purchase Orders
Inquiries
Major retail schemes
01/01/2007
Part of team promoting major redevelopment in Birmingham. Important because of competing scheme; edge of centre issues; regeneration issues; design issues; viability issues. Also promoted Lidl edge of Centre scheme at Coventry,
important because again it involved important sequential test issues but also the provision of a new factory for an important City employer.
Inquiries
Advising London Borough on application of the Procurement Directive and the Public Contracts Regulations 2006 (S.I 2006 No.) to regeneration schemes including affording housing developments and section 106 agreements generally
01/01/2007
The importance of recognising the wide application of the Procurement Directive and Regulations is becoming apparent from decisions of the European Court of Justice such as in the case of La Scala [2001] 1 ECR 1-05409, C-399/98 and Auroux and other v. Roanne C-220/065, 18 January 2007
Inquiries
Compulsory Purchase
01/01/2007
Advised major oil company in reference to Lands Tribunal in relation to claim arising out of acquisition of land for a new highway with the benefit of planning permission for a service station and related development. This raised the very important issue of the application of the Court of Appeal decision in (1) Terence Welford (2) Colin Philips (3) IOD Skip Hire Ltd v EDF Energy Networks (LPN) Ltd (2007) 24 EG 170 to a loss of profits claim where the business hadn’t been commenced.
Inquiries
Edgware Road – Major redevelopment near to Paddington Green Police Station
01/01/2007
Involved at the Inquiry and court proceedings on behalf of major retailer who objected to redevelopment that excluded its land. The application of the changed design policy approach in PPS1 was considered as was the issue of whether the alternative sites legal authorities applied to alternative designs for a site. The matter was finally determined by the Court of Appeal [2007] EWCA Civ 1083.
Inquiries
Involved in the formulation of strategies, layout and promotion of major settlements/urban extension in South Wales, Lincoln and Wellingborough
01/01/2007
These are all important as they raise issues of sustainability and addressing climate change as the policy on these emerges and becomes stricter. The South Wales proposed settlement also centres upon the retention and utilisation of an important listed building, the old Courtaulds Factory. The Lincoln case involved detailed consideration of flooding issues related to alternative sites.
Inquiries
Major retail schemes
01/01/2007
Part of team promoting major redevelopment in Birmingham. Important because of competing scheme; edge of centre issues; regeneration issues; design issues; viability issues. Also promoted Lidl edge of Centre scheme at Coventry, important because again it involved important sequential test issues but also the provision of a new factory for an important City employer.
Inquiries
Advising London Borough on application of the Procurement Directive and the Public Contracts Regulations 2006 (S.I 2006 No.) to regeneration schemes including affording housing developments and section 106 agreements generally
01/01/2007
The importance of recognising the wide application of the Procurement Directive and Regulations is becoming apparent from decisions of the European Court of Justice such as in the case of La Scala [2001] 1 ECR 1-05409, C-399/98 and Auroux and other v. Roanne C-220/065, 18 January 2007
Inquiries
Liquid gas importation and storage facility – David Holgate QC leading Stephen Morgan for the promoter
07/12/2006
This is important because of (i) current concern over the certainty and sustainability of energy supplies as Britain’s own gas supplies are running out (ii) the health and safety issues the profile of which has risen significantly since major explosion/fire at Buncefield Depot, Hertfordshire.
Inquiries
Energy case in particular involved in preparation for a major liquid gas importation and storage facility
29/06/2006
This is important because of (i) current concern over the certainty and sustainability of energy supplies as Britain’s own gas supplies are running out (ii) the health and safety issues the profile of which has risen significantly since Buncefield, Hertfordshire upon which I have also advised.
Inquiries
Village Green Cases
01/01/2006
I acted for the registration authority in the High Court in
R(Laing Homes Ltd) v Buckinghamshire County Council and Secretary of State for the Environment, Food and Rural Affairs [2003] 3 PLR 60 which was an important case raising many significant issues relating to village greens. I have sat as in Inspector at village greens inquiries as well as having acted for applicants and objectors. One such was in Lincolnshire dealing with the claimed use as a village green of a school playing field which raised most of the usual issues including that of the statutory basis of the use of such land and whether that is consistent with land being used “as of right” which was left still open to argument after the House of Lords decision in Oxfordshire County Council v (1) Oxford City Council (2) Catherine Mary Robinson
Inquiries
Work on the Isle of Man
06/05/2004
Involved in promoting and objecting to many schemes on the Island which has a similar planning regime with some subtle differences, including a third party right of appeal which makes the planning adviser’s and the advocate’s role important in defending planning permissions.
Inquiries
Promoted a road closure and stopping up order on behalf of a South Wales authority (Merthyr) to enable the carrying out of a very extensive and contentious land reclamation scheme
01/01/2001
This was important because the issue of the scope of objections which are allowed to such orders under s.257 of the Town and Country Planning Act 1990 when the planning merits have already been determined – see R v Secretary of State for the Environment, Transport & The Regions, Ex parte Batchelor Enterprises Ltd [2001] EWCA Civ 1293.