Tim Mould QC

Call: 1987Silk: 2006
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Practice Summary

Tim Mould was called to the Bar in 1987 and took silk in 2006. Between 2001 and 2006 he was a member of the A Panel of Junior Counsel to the Crown (Common Law). Between 1997 and 2006 he was standing junior counsel to the Inland Revenue (Rating and Valuation). He is called to the Bar of Northern Ireland. He is a Bencher and member of Gray’s Inn.

Tim specialises in planning, environmental and local government law (including rating, compulsory purchase and compensation and highways and rights of way) and the related areas of property, European Union and human rights law. Tim has extensive experience of advocacy in the High Court (including the Administrative Court and the Planning Court) and Appellate Courts, at public inquiries and in tribunals, particularly the Upper Tribunal Lands Chamber. He has appeared frequently in Parliamentary Committees (on the High Speed Two (London to West Midlands) Bill, the Crossrail Bill and the Rookery South (Resource Recovery Facility) Order). He appears regularly on planning and environmental judicial review cases in Northern Ireland. He has appeared in the European Court of Human Rights. He regularly represents and advises clients across all sectors.

Tim is listed as a leading practitioner in Chambers & Partners and the Legal 500 in the fields of planning, environment and local government law.

  • “He has that technique for putting across complex questions in simple language, and coming up with forensic solutions to problems. An outstanding advocate with a very good style. He really gets on like a house on fire with the committee, as he does with judges. He doesn’t feel a need to do anything other than elegantly and clearly present the case.” Chambers & Partners 2017 Planning
  • “He is a very impressive advocate with great attention to detail and the ability to impart advice in a way that is straightforward and easy to understand.” Chambers & Partners 2017 Local Government
  • “Highly recommended” Legal 500 Environment
  • “Rated highly” Legal 500 Planning

Tim’s recent practice has been primarily focused on HS2, the Government’s high speed rail strategy. During 2012 and 2013, Tim acted as leading counsel to the Transport Secretary in the successful defence of the legal challenges on SEA, EIA and judicial review grounds to the Government’s HS2 proposals for high speed rail serving London, Birmingham and the northern cities, culminating in the seminal Supreme Court decision in early 2014 (Buckinghamshire County Council and others v Secretary of State). Throughout 2013 Tim advised on the preparation of the High Speed Rail (London – West Midlands) Bill seeking powers to construct and operate the first phase of HS2. From July 2014 until early 2017, he acted as leading counsel for the Promoter before the Parliamentary Select Committees hearing petitions against the Bill, covering wide ranging issues including compulsory purchase and compensation, public procurement, planning and infrastructure powers and regulatory controls, railway powers, transport policy, environmental protection, rights of way and highways, EU and UK legislation on the protection of habitats, EIA, the Aarhus Convention, human rights, and constitutional law.   The Bill achieved Royal Assent in February 2017 and construction is due to begin later in 2017. Tim is now promoting a related Transport and Works Act Order on behalf of the Secretary of State and advising on the forthcoming Bill for the next phase of HS2 – Phase 2A (West Midlands to Crewe).

Tim continues to act and advise in a wide range of planning, environmental and local government cases. Recent planning cases include judicial reviews of planning permission to convert Conan Doyle’s historic house at Hindhead into a school (R (Gibson) v Waverley BC) and of planning permission for a gold mine near Omagh, County Tyrone. He is acting for the UK before the Aarhus Compliance Committee in the River Faughan Anglers’ complaint. Highways and rights of way work includes coastal access proposals under the Marine and Coastal Access Act 2009.Tim’s recent rating practice includes acting for both Tesco and the Co-Op in the rating appeals on the rateability of ATMs in foodstores, recently determined by the Upper Tribunal (Lands Chamber), and for the ratepayers in rating appeals on York museums heard by the Upper Tribunal in early February 2017. He is now advising ratepayers on appeal proceedings in the City of London. CPO work includes the promotion of the Brightwells Regeneration Scheme in Farnham for Waverley Borough Council and land compensation claims arising from the Olympics CPO and the development of a waste management facility in Buckinghamshire. He has advised the Government on changes to the law of compulsory purchase and land compensation. He is acting for the Secretary of State on Southwark LBC’s claim for judicial review of the Aylesbury Estate CPO decision.

Memberships

Member of the Planning Bar Association Committee; the Administrative Law Bar Association, UKELA, Chancery Bar Association and the Parliamentary Bar.

Planning, Infrastructure & Environment 

Planning and environmental cases include Crossrail (promoting the Crossrail Bill through Parliament (2005-2008), RSPB v Secretary of State [2014] Env LR 14 (impact of expansion of Lydd Airport on EU protected species and habitats), R (Evans) v Basingstoke Council [2014] 1 WLR 2034 (compatibility of enforcement time limits with EIA Directive),  River Faughan Anglers Ltd’s Application for Judicial Review [2014] NIQB 34 (protection of the River Faughan ASSI under the Northern Ireland Habitats Regulations); Milton Keynes Council v Secretary of State [2012] JPL 728 (challenge to new planning regime for houses in multiple occupation), St John’s School Northwood v Hillingdon Council [2012] JPL 693 (challenge to validity of breach of condition notice), Cala Homes Ltd (No 2) v Secretary of State [2011] JPL 1458 (materiality of proposed abolition of regional strategies), Brown v Carlisle City Council [2010] JPL 1571 (challenge to EIA of airport re-development scheme), Barbone v Secretary of State [2009] (challenge to expansion of Stansted Airport), BARD Campaign v Secretary of State for Communities and Local Government [2009] (lawfulness of consultation on eco towns programme). In 2012 Tim acted for Network Rail in defending the legal challenge to the Thameslink scheme for London Bridge Station, Gray v London Borough of Southwark.

Public inquiry work includes proposals for renewable energy development for the CoOp; ‘eco-village’ redevelopment and lawfulness of flying activities at Dunsfold Aerodrome in Surrey, proposals for a superstore at Bridgewater Retail Park Banbridge Northern Ireland, retail schemes in Ballycastle and at Buncrana Road Derry Northern Ireland; the redevelopment of the former HMS Ganges site in Suffolk, the Shard of Glass and the Dibden Bay Port inquiry. Practice experience includes tall buildings in London, development plan preparation, residential schemes including sheltered and affordable housing, renewable energy schemes and urban regeneration schemes.

Advisory work is wide ranging and includes EIA, SEA and Habitats, the interpretation and enforcement of development agreements and planning obligations, infrastructure schemes, renewable energy technologies, land reclamation and waste schemes including incineration and animal wastes, agricultural reservoirs, utilities permitted development rights, listed building conversion and refurbishment schemes, hotel development, retail planning at railway stations and planning in Northern Ireland, the Channel Isles and the Isle of Man.

Compulsory Purchase and Land Compensation

Tim has advised on a wide range of issues emanating from his work on the HS2 which related to the application of compulsory purchase and land compensation. Other work in includes the public inquiry into the East Street Farnham CPO (mixed use redevelopment scheme) and land compensation claims under the London Olympics CPO, the Thameslink TWA Order and light transit systems in Greater Manchester. Tim’s compulsory purchase practice includes advising and acting for claimants and acquiring authorities in land compensation claims relating to schemes such as the East London Line Extension, the Bristol Broadmead Expansion Scheme, the Channel Tunnel Rail Link, the M6 Toll Road, the Liverpool City Centre Paradise Street redevelopment scheme, compulsory purchase for repair of the Grade 1 listed Apethorpe Hall and Croydon Tramlink. Notable court cases in relation to compulsory purchase and compensation include Moto Hospitality Ltd v Secretary of State for Transport [2008] 1 WLR 2822 (section 10 compensation); Ryde International plc v London Regional Transport[2004] 2 EGLR 1 (land compensation for loss of profits); and Clift v Welsh Office [1999] 1 WLR 796 (land compensation for injurious affection and physical damage). His work on the Crossrail Bill required heavy involvement in addressing petitions which raised issues relating to compulsory purchase and land compensation. He has considerable experience and expertise in land valuation with an environmental element, including minerals and utilities valuation. He also has experience of litigation before the Tribunal in relation to restrictive covenants under section 84 of the Law of Property Act 1925, Brown v Heathlands Mental Health Trust [1996] 1 All ER 133 (compulsory purchase and restrictive covenants).

Rating and Council Tax

Tim has many years’ experience in rating and council tax litigation. His litigation and advisory work includes and the impact of proposals in the Growth and Infrastructure Bill to extend the life of rating lists to 2017. Tim’s rating practice in silk has covered museums, the reconstitution of ports hereditaments, oversupply allowances for city centre offices, minerals, large stores, unoccupied property rating, charitable rates relief, mobile phone networks, sports stadia and national parks. Notable valuation cases include Selfridges’ Oxford Street store and Harrods’ Knightsbridge department store. Notable court cases include Gallagher v Church of Jesus Christ of Latter Day Saints [2008] 1 WLR 1852 (rating and human rights), Chilton-Merryweather v Hunt [2008] RA 357 (impact of traffic growth on council tax assessments), Baker v Citibank NA [2007] RA 93 (rating of new offices in Canary Wharf) and Cinderella Rockerfellas v Rudd [2003]1 WLR 2423 (rating of floating night club).

Tim is consulting editor on Halsbury’s Laws 5th Ed Volume 70 (Local Government Finance). From 1997 to 2006 Tim was standing junior counsel to the Inland Revenue on rating and valuation.

Highways and Rights of Way

Notable cases in the law of highways and public rights of way include Fortune v Wiltshire Council [2013] 1 WLR 808 (principles of common law dedication and statutory extinguishment of vehicular rights of way under the Natural Environment and Rural Communities Act 2006), Herrick v Kidner [2010] 3 All ER 771 (statutory procedure for removing obstructions under s130A Highways Act 1980), Godmanchester Town Council v Environment Secretary [2008] 1 AC 221 (statutory deemed dedication of public rights of way) and Wardens of Winchester College v Hampshire County Council [2009] 1 WLR 138 (statutory extinguishment of vehicular rights of way). Public inquiry work includes acting for West Berkshire Council promoting of a public path creation order on the Thames Path National Trail at Purley, Berkshire.

Tim is consulting editor on Halsbury’s Laws 5th Ed Volume 55 (Highways, Streets and Bridges).

Qualifications

Tim was called to the Bar in 1987. Between 2001 and 2006 he was a member of the A Panel of Junior Counsel to the Crown (Common Law), having previously been on the B Panel. Between 1997 and 2006 he was standing junior counsel to the Inland Revenue (Rating and Valuation). He took silk in October 2006.

He read classics as the Jodrell Scholar at the Queen’s College Oxford. He has a Diploma in Law from the Polytechnic of Central London. He is consultant editor to Halsbury’s Laws Reissue on Rating and Council Tax (2008) and a contributor to Local Authorities and Human Rights (2004). He is on the editorial team of Encyclopedia of Planning Law and Practice and assistant editor of the Encyclopedia of Rating and Local Taxation.

Inquiries

Proposed ‘eco-village’ at Dunsfold Park

10/03/2009

A four week-inquiry inquiry into The Rutland Group’s proposals for the UK’s first ‘eco-village’ at Dunsfold Aerodrome in Surrey.

The scheme – a new settlement comprising 2,601 dwellings (including 910 affordable homes) alongside substantial business development, together with a groundbreaking package of sustainability measures to reduce carbon emissions – is billed as the UK’s most sustainable settlement. It will achieve an average carbon footprint per resident of between a third and half of the average UK resident.

The inquiry is considering Waverley Borough Council’s objection to the scheme on locational and transportation grounds. It is the first planning inquiry in the UK to consider the Government’s much publicised draft policy on Eco-Towns.

Christopher Katkowski QC and Charles Banner are appearing for the Appellant, Dunsfold Park Ltd (a SPV subsidiary of The Rutland Group). Tim Mould QC is appearing for Waverley Borough Council.

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Inquiries

Churchill Retirement Living Southmead Road Filton Bristol (Public Inquiry – December/January 2007/8)

01/01/2008

I acted for sheltered housing developer promoting sheltered housing scheme on constrained site in north Bristol. Main issue was required financial contribution to provision of affordable housing off site. Absence of detailed local policy guidance. Complex issues of approach and valuation. Decision awaited. Instructed by Andrew Burgess – Planning Issues.

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Inquiries

Mildmay Hospital Site, Shoreditch

01/11/2007

Advising/acting for Tower Hamlets LBC opposing major residential/mixed use redevelopment scheme including tall building proposed by consortium of voluntary groups on hospital site in Hackney Road Shoreditch. Main issues urban design and impact on living conditions of neighbours. Led team including design and conservation witnesses with no experience of major inquiry process. Closely involved in/advising on preparation of design/impact case. Scheme withdrawn by developers prior to start of public inquiry (November 2007). Instructing solicitor Megan Crowe – Tower Hamlets LBC.

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Inquiries

3 Oaks Farm Little Chalfont Amersham (Public inquiry – May 2007)

01/05/2007

Acted for Chiltern District Council at public inquiry considering application to retain unauthorised gypsy caravan site in countryside near Amersham. Issues were impact of changes in government policy, availability of alterative site locations and housing needs of occupiers. Instructing solicitor – Sue Markham Chiltern DC.

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Inquiries

Cambridge Fire Station (Public Inquiry May 2007)

01/05/2007

Promoted major mixed use (housing/commercial/community use) redevelopment scheme for Fire Station site in Cambridge. Main issues were urban design in sensitive historic location and housing mix. Innovative, high density design was controversial locally but accepted as appropriate by inspector. Planning permission granted. Instructing solicitor – Stuart Andrews Eversheds.

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Inquiries

Hearing for judicial review of Airports White Paper

13/12/2004

Richard Drabble QC, Tim Mould and Carine Patry act for the Government.

David Smith and Dan Kolinsky act for the London Borough of Wandsworth, the London Borough of Hillingdon and three local interest groups.

As “The Lawyer” noted on 13 September,

“Landmark Chambers and 4-5 Gray’s Inn Square have monopolised the case, which is set down for six days in December in the High Court.”

www.thelawyer.com/cgi-bin/item.cgi?id=111937&d=11&h=24&f=23

:

Inquiries

Crossrail Bill (Parliamentary Hybrid Bill proceedings) [from 2004 and continuing]

01/01/2004

I am leading the Counsel team (which comprises two other silks and 2 juniors) which is promoting the Crossrail bill through Parliament for the Department for Transport. We completed Commons Select Committee during 2007, had confirmation of government funding from the Prime Minister in the autumn and will beginning House of Lords Select committee hearings in February 2008. The Bill gives powers for the largest rail project since the Victorian period and will provide a much needed new railway into and through central London from east, west and Kent. It has important implications for the economy of London, the South East and therefore the UK as a whole. It involves a large number of controversial development, compensation and other issues – including noise, settlement, heritage, local communities, transport, and environmental assessment. Property issues are in important issue in terms of acquisition, valuation compensation and settlement negotiations. In addition to appearing in committee, I have been advising Government on the many issues raised by the Bill since autumn 2004 and have been heavily involved in the process since then.

:

Inquiries

Renzo Piano’s Shard of Glass Tower at London Bridge

15/04/2003

Planning inquiry into Plans to transform London’s skyline by building Europe’s tallest skyscraper. The futuristic £600m skyscraper, dubbed the “Shard of Glass”, would be 1,016ft high, 216ft taller than Canary Wharf, currently Britain’s tallest building.

:

Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

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Inquiries

Grocery Stores Investigation – Competition Commission (2007/8)

Advising CC on planning, policy and property issues raised by CC investigation into alleged anti-competitive aspects of grocery stores and convenience retail sector. Formal decision of CC awaited.

:

Inquiries

Proposed ‘eco-village’ at Dunsfold Park

10/03/2009

A four week-inquiry inquiry into The Rutland Group’s proposals for the UK’s first ‘eco-village’ at Dunsfold Aerodrome in Surrey.

The scheme – a new settlement comprising 2,601 dwellings (including 910 affordable homes) alongside substantial business development, together with a groundbreaking package of sustainability measures to reduce carbon emissions – is billed as the UK’s most sustainable settlement. It will achieve an average carbon footprint per resident of between a third and half of the average UK resident.

The inquiry is considering Waverley Borough Council’s objection to the scheme on locational and transportation grounds. It is the first planning inquiry in the UK to consider the Government’s much publicised draft policy on Eco-Towns.

Christopher Katkowski QC and Charles Banner are appearing for the Appellant, Dunsfold Park Ltd (a SPV subsidiary of The Rutland Group). Tim Mould QC is appearing for Waverley Borough Council.

:

Inquiries

Churchill Retirement Living Southmead Road Filton Bristol (Public Inquiry – December/January 2007/8)

01/01/2008

I acted for sheltered housing developer promoting sheltered housing scheme on constrained site in north Bristol. Main issue was required financial contribution to provision of affordable housing off site. Absence of detailed local policy guidance. Complex issues of approach and valuation. Decision awaited. Instructed by Andrew Burgess – Planning Issues.

:

Inquiries

Mildmay Hospital Site, Shoreditch

01/11/2007

Advising/acting for Tower Hamlets LBC opposing major residential/mixed use redevelopment scheme including tall building proposed by consortium of voluntary groups on hospital site in Hackney Road Shoreditch. Main issues urban design and impact on living conditions of neighbours. Led team including design and conservation witnesses with no experience of major inquiry process. Closely involved in/advising on preparation of design/impact case. Scheme withdrawn by developers prior to start of public inquiry (November 2007). Instructing solicitor Megan Crowe – Tower Hamlets LBC.

:

Inquiries

3 Oaks Farm Little Chalfont Amersham (Public inquiry – May 2007)

01/05/2007

Acted for Chiltern District Council at public inquiry considering application to retain unauthorised gypsy caravan site in countryside near Amersham. Issues were impact of changes in government policy, availability of alterative site locations and housing needs of occupiers. Instructing solicitor – Sue Markham Chiltern DC.

:

Inquiries

Cambridge Fire Station (Public Inquiry May 2007)

01/05/2007

Promoted major mixed use (housing/commercial/community use) redevelopment scheme for Fire Station site in Cambridge. Main issues were urban design in sensitive historic location and housing mix. Innovative, high density design was controversial locally but accepted as appropriate by inspector. Planning permission granted. Instructing solicitor – Stuart Andrews Eversheds.

:

Inquiries

Hearing for judicial review of Airports White Paper

13/12/2004

Richard Drabble QC, Tim Mould and Carine Patry act for the Government.

David Smith and Dan Kolinsky act for the London Borough of Wandsworth, the London Borough of Hillingdon and three local interest groups.

As “The Lawyer” noted on 13 September,

“Landmark Chambers and 4-5 Gray’s Inn Square have monopolised the case, which is set down for six days in December in the High Court.”

www.thelawyer.com/cgi-bin/item.cgi?id=111937&d=11&h=24&f=23

:

Inquiries

Crossrail Bill (Parliamentary Hybrid Bill proceedings) [from 2004 and continuing]

01/01/2004

I am leading the Counsel team (which comprises two other silks and 2 juniors) which is promoting the Crossrail bill through Parliament for the Department for Transport. We completed Commons Select Committee during 2007, had confirmation of government funding from the Prime Minister in the autumn and will beginning House of Lords Select committee hearings in February 2008. The Bill gives powers for the largest rail project since the Victorian period and will provide a much needed new railway into and through central London from east, west and Kent. It has important implications for the economy of London, the South East and therefore the UK as a whole. It involves a large number of controversial development, compensation and other issues – including noise, settlement, heritage, local communities, transport, and environmental assessment. Property issues are in important issue in terms of acquisition, valuation compensation and settlement negotiations. In addition to appearing in committee, I have been advising Government on the many issues raised by the Bill since autumn 2004 and have been heavily involved in the process since then.

:

Inquiries

Renzo Piano’s Shard of Glass Tower at London Bridge

15/04/2003

Planning inquiry into Plans to transform London’s skyline by building Europe’s tallest skyscraper. The futuristic £600m skyscraper, dubbed the “Shard of Glass”, would be 1,016ft high, 216ft taller than Canary Wharf, currently Britain’s tallest building.

:

Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

:

Inquiries

Grocery Stores Investigation – Competition Commission (2007/8)

Advising CC on planning, policy and property issues raised by CC investigation into alleged anti-competitive aspects of grocery stores and convenience retail sector. Formal decision of CC awaited.

:
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