Stephen Morgan

Call: 1983
Email: smorgan@landmarkchambers.co.uk
Phone: +44 (0) 20 7430 1221
Download CV

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 2014 as a leading planning law junior, which states that, “He is exactly the sort of pragmatic and approachable counsel that clients love.” The Legal 500 2013 also ranks Stephen as a leading junior in planning law.

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.

Listen to my podcasts

View Stephen’s profile on our International site

 

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

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.

:

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.

:
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