PLANNING, ENVIRONMENT & PROPERTY GROUP€¦ · & Ors v TAG Farnborough Airport, one of the largest...

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Winners of The Legal 500 UK 2018 and 2017 ‘Real Estate, Environmental and Planning Set of the Year’ and the Chambers UK Bar Awards ‘Environmental and Planning Set of the Year’ in 2019, 2018 and 2015, the team at 39 Essex Chambers consists of leading practitioners who are widely regarded for combining a strong academic background with pragmatism and versatility. We operate from offices in London, Manchester, Singapore and Kuala Lumpur, enabling us to service our clients’ requirements both nationally and internationally. Our members offer expertise in the full range of planning, environmental and property law at all levels of call and can draw on the strength of chambers in public, energy, commercial and civil liability law (including local government probity issues) to provide comprehensive advice across all areas. Other relevant experience includes EU, international, tax and criminal law. Key Contacts: MICHAEL KAPLAN Senior Clerk [email protected] Tel: 020 7634 9076 | Mobile: 07775 997 230 ANDREW POYSER Deputy Senior Clerk [email protected] Tel: 020 7832 1190 | Mobile: 07921 880 669 ELLIOTT HURRELL Practice Manager [email protected] Tel: 020 7634 9023 | Mobile: 07809 086 843 PLANNING, ENVIRONMENT & PROPERTY GROUP PETER VILLAGE qc (Call 1983, Silk 2002) Peter “remains a go-to presence at the bar” in planning and environmental law, and associated judicial review and commercial law cases, particularly in significant residential and retail cases. His planning practice covers the full range of developments including residential, retail, airports and infrastructure projects. He played a central part in the most important planning litigation of recent years – CALA Homes – and masterminded the successful challenge to the Secretary of State’s decision to revoke Regional Strategies (CALA No 1). Peter was recognised by Chambers & Partners as ‘Planning and Environment Silk of the Year’ in 2012. THOMAS HILL qc (Call 1988, Silk 2009) Tom’s practice has focused on planning law and related fields for the past 25 years. He has particularly specialised in infrastructure work and has longstanding clients in the airport, port and energy sectors. He also has very extensive experience of housing and mixed use development, including urban regeneration schemes and associated compulsory acquisition, with many longstanding private and public sector clients in this field. His practice embraces public inquiry and High Court work. He is recommended in Chambers UK and The Legal 500 for Planning Law.

Transcript of PLANNING, ENVIRONMENT & PROPERTY GROUP€¦ · & Ors v TAG Farnborough Airport, one of the largest...

Page 1: PLANNING, ENVIRONMENT & PROPERTY GROUP€¦ · & Ors v TAG Farnborough Airport, one of the largest Part 1 compensation claims considered by the Upper Tribunal (Lands Chamber) in recent

Winners of The Legal 500 UK 2018 and 2017 ‘Real Estate, Environmental and Planning Set of the Year’ and the Chambers UK Bar Awards ‘Environmental and Planning Set of the Year’ in 2019, 2018 and 2015, the team at 39 Essex Chambers consists of leading practitioners who are widely regarded for combining a strong academic background with pragmatism and versatility. We operate from offices in London, Manchester, Singapore and Kuala Lumpur, enabling us to service our clients’ requirements both nationally and internationally.

Our members offer expertise in the full range of planning, environmental and property law at all levels of call and can draw on the strength of chambers in public, energy, commercial and civil liability law (including local government probity issues) to provide comprehensive advice across all areas. Other relevant experience includes EU, international, tax and criminal law.

Key Contacts:MICHAEL KAPLANSenior [email protected] Tel: 020 7634 9076 | Mobile: 07775 997 230

ANDREW POYSERDeputy Senior [email protected]: 020 7832 1190 | Mobile: 07921 880 669

ELLIOTT HURRELLPractice [email protected]: 020 7634 9023 | Mobile: 07809 086 843

PLANNING, ENVIRONMENT & PROPERTY GROUP

PETER VILLAGE qc (Call 1983, Silk 2002)

Peter “remains a go-to presence at the bar” in planning and environmental law, and associated judicial review and commercial law cases, particularly in significant residential and retail cases.

His planning practice covers the full range of developments including residential, retail, airports and infrastructure projects. He played a central part in the most important planning litigation of recent years – CALA Homes – and masterminded the successful challenge to the Secretary of State’s decision to revoke Regional Strategies (CALA No 1). Peter was recognised by Chambers & Partners as ‘Planning and Environment Silk of the Year’ in 2012.

THOMAS HILL qc (Call 1988, Silk 2009)

Tom’s practice has focused on planning law and related fields for the past 25 years. He has particularly specialised in infrastructure work and has longstanding clients in the airport, port and energy

sectors. He also has very extensive experience of housing and mixed use development, including urban regeneration schemes and associated compulsory acquisition, with many longstanding private and public sector clients in this field. His practice embraces public inquiry and High Court work. He is recommended in Chambers UK and The Legal 500 for Planning Law.

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WILLIAM NORRIS qc (Call 1974, Silk 1997)

William has developed a specialist practice in environment and planning law. He has extensive experience in onshore and offshore wind farms and other renewable energy developments in

England and Scotland, in related tort claims and other judicial review claims in an environmental context. William is recommended in The Legal 500 for Planning Law.

NIGEL PLEMING qc (Call 1971, Silk 1992)

Nigel specialises in public law, including environment and planning law. He has advised governments, private clients and NGOs for many years, in England and Wales and abroad on environment issues, and,

occasionally, on planning matters. He has appeared as counsel in numerous environment and planning cases, at all levels. He was named as ‘Planning and Environment Silk of the Year’ in the 2010 Chambers Bar Awards, and ranked in the first tier in Environment in The Legal 500 and Chambers UK.

BRIAN ASH qc (Call 1975, Silk 1990)

Brian is described in the directories as an “exceptional advocate…he possesses fantastic people skills and attracts instructions as a consequence of his bright and inspector-friendly disposition”.

He practises in the field of planning, compulsory purchase, local government and highway law together with a broad range of environmental, public law and judicial review cases, appearing in the Lands Tribunal, the High Court, Court of Appeal and House of Lords. Brian has appeared at a substantial number and variety of planning inquiries including; Stansted, Heathrow T4 and T5 and the London Heliport. Brian has also appeared at several of the major highways inquiries including M25, M20, M3 and M40 MSAs and many major retail inquiries.

JOHN STEEL qc (Call 1978, Silk 1993)

John’s main areas of practice are planning, aviation, compulsory purchase, property, environmental and sports law. He is cited as a recommended leader by the current editions of Chambers UK and The Legal 500. His planning

and environmental law practice has encompassed the full range of developments, including major infrastructure, housing, retail, business, leisure, minerals and waste. Recently he has been engaged in sports development and PSPOs preventing touts ooerating at racecourses and sports grounds.

RICHARD HARWOOD obe qc (Call 1993, Silk 2013)

Richard specialises in planning, environment, public and art law, appearing in numerous leading cases including SAVE Britain’s Heritage, Thames Tideway Tunnel, Chiswick Curve, Dill v SoS and

Holborn Studios. Recent cases include housing, retail, minerals, environmental permitting, nuisance, development consent orders, and development plans. He is a case editor of the Journal of Planning and Environment Law and the author of Planning Permission, Planning Enforcement (3rd Edition pending) and Historic Environment Law and co-author of Planning Policy. He is also a member of the Bar Library, Belfast.

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TIMOTHY LYONS qc (Call 1980, Silk 2003)

Timothy combines a broad practice which includes a considerable amount of tax and EU law with practical experience of planning law and judicial review. He acts on behalf of both developers and local authorities.

His background has ensured that his opinions on the Community Infrastructure Levy are much sought after, not least in relation to the impact of EU state aid law. More generally, he has advised on a broad range of tax issues including the taxation of non-resident developers and Stamp Duty Land Tax. His EU law interests encompass public procurement law, particularly its application in the context of property development and the impact of EU trade agreements on business activity.

STEPHEN TROMANS qc (Call 1999, Silk 2009)

Stephen is recognised as a leading practitioner in environmental, energy and planning law. He has been involved in some of the leading cases in matters such as environmental impact

assessment, habitats, nuisance, and waste, and in key projects such as proposals for new nuclear power stations, ports and transport infrastructure. Landmark cases in which he has been counsel include OSS v Environment Agency (on the definition of waste), Barr v Biffa and Network Rail v Williams (on the law of nuisance), National Grid Gas v Environment Agency and Price v Powys Council (on contaminated land). He has an extremely wide ranging practice, acting for companies, government agencies, local authorities, and NGOs. His work spans all aspects of environmental law and its interface with energy, planning and commercial law. He is a trained arbitrator and mediator and has acted as an expert witness on UK law in proceedings in other jurisdictions. He has a particular expertise in nuclear law. As well as being involved in some of the leading cases and projects in that field, he is a Board Member of INLA UK and a member of the government’s Committee on Radioactive Waste Management.

PAUL STINCHCOMBE qc (Call 1985, Silk 2011)

Paul was called to the Bar in 1985 and built up a substantial practice in planning, public and environmental law before becoming an MP in 1997. When in the House of Commons Paul served on the Home

Affairs Select Committee, the Joint Committee on Human Rights, and the Joint Committee on House of Lords Reform. Since returning to the Bar in May 2005, Paul rapidly re-built his practice and was elevated to Queen’s Counsel within 6 years. Paul’s cases include resisting major infrastructure proposals, promoting large-scale development, leading planning, local government and human rights cases, and multi-million pound compensation claims, most recently including successfully representing Asda against a bid by a rival supermarket to block a new out-of-town superstore in R (Tesco Stores Limited) v (1) Forest of Dean District Council (2) Asda Stores Limited and Others [2014] EWHC 3348 (Admin). Paul is recommended in Chambers UK for Planning Law where he is described as a “rising star.”

JAMES STRACHAN qc (Call 1996, Silk 2013)

James has an extremely busy practice in the field of planning, environment and compulsory purchase appearing regularly at public inquiries and the courts in most aspects of planning and environmental control, with

particular recent experience in areas of housing, retail, highways, compulsory purchase and urban design. He acts for major developers (including major house builders Taylor Wimpey, Persimmon and Miller Homes), local and central government alike. He has been appointed by the Government with Justine Thornton QC to promote HS2. He has recently appeared at major inquiries for Taylor Wimpey for a major scheme in Reading and the Royal Borough of Kingston Upon Thames for a floating homes proposal on the Thames. He promoted the Junction 19 improvements of the M1/M6 and M14 for the Highways Agency. He is consistently identified as one of the leading barristers in Planning magazine and the legal directories. James was awarded Environmental & Planning Silk of the Year at the Chambers Bar Awards in 2016.

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ANDREW TABACHNIK qc(Call 1991, Silk 2017)

Andrew has a versatile and wide-ranging practice, specialising in cases of complexity, and spanning planning and compensation work. His practice sees him also instructed on commercial, employment and

regulatory matters. He regularly appears at public inquiries and in High Court challenges. In the last 18 months, he has led the developer team in cases which have resulted in the grant of consent for over 1,000 new homes. In addition, he is currently instructed in what is believed to be the largest compensation claim presently before the Lands Chamber. He is recommended for Planning Law in Chambers UK.

JOHN PUGH-SMITH (Call 1977)

John is a recognised specialist in the field of planning law with related environmental, local government, parliamentary and property work for both the private and public sectors. He is also an experienced

mediator and arbitrator and is on the panel of the RICS President’s appointments. He is a committee member of the Bar Council’s Alternative Dispute Resolution Panel, an advisor to the All Party Parliamentary Group on ADR, one of the Design Council’s Built Environment Experts and a member of its Highways England Design Review Panel. He has been and remains extensively involved in various initiatives to use ADR on to resolve a range of public sector issues.

SIMON EDWARDS (Call 1978)

Simon’s property work ranges from contentious 1954 Act matters, through the interpretation of clauses in leases, restrictive covenants, rights of way and general property dispute resolution.

Most recently, he has successfully argued at first instance and in the Court of Appeal for the extension of the right to relief from forfeiture to licences of land. He will be the lead advocate for the respondents when the Supreme Court hears the appeal.

RICHARD WALD qc (Call 1997, Silk 2020)

Richard specialises in planning, environmental, energy and associated areas of administrative law. He is instructed on Johnston & Ors v TAG Farnborough Airport, one of the largest

Part 1 compensation claims considered by the Upper Tribunal (Lands Chamber) in recent years. He is acting for Natural Resources Wales in a public inquiry into a proposed £1bn extension to the M4 motorway south of Newport. He was part of the counsel team which represented HS2 Ltd in the hybrid bill process which governed the consenting of Phase 1 of the UK’s most significant infrastructure project since the 1950’s. He was General Editor of Sweet & Maxwell’s Encyclopedia of Environmental Law from 2005-2015. He is an editor of Thomson Reuters Bulletin of Environmental Law, a contributor to Tromans on EIA Law & Practice and Co-author of Butterworth’s Highways Law & Practice. He was appointed to the Attorney General’s B-Panel of Junior Counsel to the Crown in 2009 and as an Assistant Commissioner to the Boundary Commission for England in 2016. He is regularly ranked by the main directories in the areas of Environmental, Planning, Energy and Administrative Law.

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CHRISTIAAN ZWART (Call 1997)

Christiaan has an extensive practice in planning, infrastructure, environmental, CIL, and related VAT law. He is regularly instructed on residential development schemes of all scales and

locations (including Greenbelt and brownfield). Christiaan has significant and unique expertise in infrastructure law (particularly energy and transport) having acted on numerous DCOs (including Hinkley C; South Hook CHP; £1bn Swansea Bay Tidal lagoon; Mynydd Y Gwynt; £1bn Silvertown Tunnel), and TWAs (including Camden Town; Hinkley; Manchester Piccadilly), on a wide range of projects for all parties. He has considerable experience of many regeneration masterplans and CPOs, including the £600m Hallsville Quarter CPO, Enfield’s £1.5bn Meridian Water, Enderby Wharf, and in Jersey (Waterfront & Esplanade Qtr and planning appeals). Christiaan’s extensive and unique planning/tax expertise is regularly sought on all CIL matters and related VAT. He has served on the Attorney General’s C and B Panels. Regular clients include domestic and multinational developers, councils, and Government agencies including HMRC, Cabinet Office, the EA and NRW, and the Highways Agency.

COLIN THOMANN (Call 1999)

Colin’s public and environmental law practice covers planning inquiries, judicial reviews and regulatory matters. He acted for DEFRA in a number of cases engaging the Habitats Directive including

the Wightlink litigation R (Akester) v DEFRA [2010] EWHC 232 (Admin). He has a particular interests in legal issues arising from carbon emissions trading and acted for the interested party in Edwards v The Environment Agency [2008] 1 WLR 1587 (HL). Other reported planning cases include Rafferty & Jones v SSCLG [2009] EWCA Civ 809 (whether an unoccupied plot of land could engage the Convention right to a “home”). He has been recommended as a leading junior for Environmental Law in The Legal 500 and Chambers UK and is a member of the Attorney General’s A Panel of Counsel.

DUNCAN SINCLAIR (Call 1996)

Duncan specialises in regulatory, EU/competition (including procurement) and public law (JR) issues. He is an Editor and one of the authors of the Butterworth’s (loose-leaf) Competition Law Manual and

has acted in some of the leading competition law and State Aid cases to date (including, in respect of State Aid, the London Underground PPP notification) as well as environmental issues in the energy sector (including the major Solar Panels JR last year, and work on issues including CERT, CESP, ECO and infrastructure projects including wind farms and other forms of energy generation).

DAMIAN FALKOWSKI (Call 1994)

Damian undertakes litigation and advisory work in all aspects of the law of real property. He frequently advises on these issues as they arise in the context of construction and development disputes, planning

law and local authority law.

CELINA COLQUHON (Call 1990)

Celina regularly acts for and advises local authority and private sector clients in all aspects of planning and environmental law. She also regularly appears in the High Court and Court of Appeal in

respect of statutory challenges and judicial review. She undertakes both prosecution and defence work in respect of planning and environmental enforcement in Magistrates’ and Crown courts. She specialises in all aspects of compulsory purchase and compensation, acting for and advising acquiring authorities seeking to promote such Order or objectors and affected landowners. Her career had a significant grounding in national infrastructure planning and highways projects and she has continued that specialism throughout. “She has a track record of infrastructure matters” Legal 500 2019-20.

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NED HELME (Call 2006)

Ned has an extensive environmental, planning and public law practice. He is ranked in both planning and environmental law in The Legal 500 and in planning law in Chambers UK, where

he is described as “undoubtedly a future star in the planning world”. He is an editor of the Sweet & Maxwell Environmental Law Bulletins. He has acted in cases involving large scale housing, heritage, industrial developments and infrastructure projects. Within environmental law, he has particular expertise in Environmental Impact Assessment, Strategic Environmental Assessment, Sustainability Appraisal, Habitats Regulations Assessment, Green Belt issues and nuisance.

JACK ANDERSON (Call 2006)

Jack is instructed by both individuals and local authorities in relation to planning matters both at Inquiry (including enforcement appeals) and the High Court. Recent work has included advice on the

enforceability of s.106 agreements and advice on the scope of powers under the Buildings Act 1984 in the context of a listed building in a state of serious disrepair. Jack has also acted in the Magistrates court including prosecutions in respect of tree preservation orders and fly-tipping and in relation to planning enforcement and has acted on planning appeals to the Crown Court. He has advised on questions of environmental law including waste and permit trading and is a contributor to Westlaw Insight in relation to environmental law.

DAVID SAWTELL (Call 2005)

David specialises in substantial real property, construction and development disputes, as well as insolvency, commercial and company law work related to the same. His work frequently has an international edge,

involving cross border and overseas transactions and disputes, and has a growing appellate practice. He appears regularly in the Chancery Division, Upper Tribunal, and the First Tier Tribunal (Property Chamber) in respect of both residential leases and land registration, and has considerable experience of commercial leasehold disputes. He is instructed as leading junior counsel by a core participant in the Grenfell Tower inquiry.

JAMES BURTON (Call 2001)

James specialises in environmental, planning, and related areas, including compulsory purchase and claims under Part 1 of the Land Compensation Act 1973.

He acts for both developers and local authorities, as well as national agencies such as Natural England and the Marine Management Organisation. Recent notable cases/inquiries include Grafton Group UK plc v Secretary of State for Transport [2016] EWCA 561; [2016] CP Rep 37 (the successful quashing of a CPO promoted by the Port of London Authority after a five week inquiry), Mann & ors v Transport for London [2016] UKUT 0126 (LC)R (a successful group action under Part 1 of the Land Compensation Act 1973 and the 1-3 Corbridge Crescent/1-4). James successfully appeared on behalf of the London Borough of Tower Hamlets in the two week tall Building Proposal at the Oval inquiry. James has also appeared frequently in Committee (both Commons and Lords) in relation to HS2. James was named Environmental and Planning Junior of the Year at the Chambers Bar Awards 2015.

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CATHERINE DOBSON (Call 2009)

Catherine has acted in some of the leading environmental cases in recent years including Barr v Biffa Waste Ltd (the leading Court of Appeal decision on the relationship between private nuisance

and statutory pollution control) and Austin v Miller Argent (South Wales) Ltd (a landmark case concerning the Aarhus Convention’s requirements on the cost of litigation in environmental matters as applied to private nuisance claims). She is currently instructed by the coalition of claimants (the Mayor of London, Greenpeace and 5 local authorities) in a challenge to the Government’s decision to support a third runway at Heathrow. She has detailed knowledge of international, European and domestic environmental law and is frequently instructed to advise in cases raising issues under the Aarhus Convention, the SEA Directive, the EIA Directive and the Habitats Directive. She has particular expertise in water resources law, having appeared in two of the most important cases in this field in the last decade: Canal & Rivers Trust v Thames Water Utilities Ltd [2018] EWCA Civ 342 and Manchester Ship Canal v United Utilities plc [2014] UKSC 40. She acts for a number of major utility companies and recently acted for Southern Water Services Ltd in a public inquiry concerning the interface between environmental legislation and the water abstraction licensing regime. Catherine is a member of the Attorney General’s B Panel of Counsel and a Fellow of St Edmund’s College, Cambridge.

KELLY STRICKLIN-COUTINHO (Call 2006)

Kelly has extensive experience advising and litigating EU law issues which arise in planning and environmental law. She has advised on judicial review of CIL decisions (in particular

how State aid law applies to CIL exemptions), state aid and procurement issues arising in the context of proposed developments, compliance with REACH and advising and litigating in respect of issues to do with the electricity network. She also has experience in the environmental taxes, particularly the Aggregates Levy, Landfill Tax, Climate Change Levy and Carbon Price Support.

PHILIPPA JACKSON (Call 2008)

Philippa undertakes a wide range of planning and environmental work, including planning and enforcement appeals, public examinations into development plan documents, and challenges in

the High Court. She has been listed for the past two years as one of the top planning juniors under 35 by Planning Magazine. Recent cases include Stratford on Avon District Council v SSCLG & Ors [2013] EWHC 2074 and R (Church Commissioners for England) v Hampshire County Council & Anor [2013] EWHC 1933. Recent inquiries include acting successfully, as sole counsel, for a Local Planning Authority in resisting a proposed supermarket in a conservation area.

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MELISSA SHIPLEY (Call 2011)

Melissa has a keen interest in planning law. Whilst on a four-month secondment to a local authority, she advised on a wide range of planning and public law matters. At Chambers, her recent experience includes

advising on certificates of lawfulness, developments within COMAH zones and the merits of judicial reviews of various planning decisions. She has acted in a range of enforcement matters, including enforcement inquiries and criminal proceedings, and has recently been instructed to represent the local planning authority in a five-day planning inquiry.

DANIEL STEDMAN JONES (Call 2011)

Daniel specialises in planning and environmental law. According to Chambers and Partners 2017 Daniel is an “outstanding advocate” who is both “commercially aware”

and a “pleasure to work with”. He is the joint editor of Planning Law: Practice and Precedents and a member of the 39 Essex Chambers Newsletter Editorial Board. Daniel is also a member of the Attorney-General’s C Panel of Junior Counsel to the Crown.

ROSE GROGAN (Call 2010)

Rose has an extensive practice spanning planning, environmental and public law. She regularly acts for local authorities and developers in public inquiries and high court litigation. Rose is highly regarded

across a number of practice areas: she is ranked in Chambers and Partners for environmental law and local government law and regularly features in industry lists of top rated junior counsel (Legal Week’s Stars at the Bar, Planning Magazine top juniors under 35, The Planner’s women of influence). She is one of the go-to counsel for air quality issues, having acted for the Mayor of London in ClientEarth No2. Rose is fast developing an impressive environmental practice. She has particular expertise in contaminated land (she acted as junior counsel to Stephen Tromans QC in Price and Hardwicke v Powys CC [2017] EWCA Civ 1133). Rose also has extensive experience of advising on issues arising out of the birds and habitats directives, in particular marine habitats and protected species. She has also advised on European Commission infraction proceedings for breach of the Habitats Directive. Rose appears in the criminal courts as prosecution and defence counsel in planning enforcement and environmental crime. She is a member of the Attorney General’s B Panel of Counsel.

NIRAJ MOHDA (Call 2010)

Niraj’s property practice spans landlord and tenant and real property disputes. He has represented clients in multi-track trials on diverse matters involving contested lease renewals under Landlord

and Tenant Act 1954, boundaries and easements, actions against trespassers, mortgage disputes, and trusts of land. He is familiar with the practices and procedures in the Chancery Division, the Business and Property List in the County Court at Central London, and the First-tier Tribunal (Property Chamber). Niraj has recently dealt with a number of applications for interim injunctions and interim possession orders in the context of urgent claims for possession of commercial and residential property. His clients include property developers, investors, local authorities and housing associations, and large estates. Recently Niraj has prepared and delivered talks and seminars on commercial property topics for the Property Litigation Association (PLA), City and regional firms, and UK Finance (formerly the Council of Mortgage Lenders).

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VICTORIA HUTTON (Call 2011)

Victoria has extensive experience in planning, environmental and property law. She has consistently been rated as one of the top planning juniors under 35 by Planning Magazine. Victoria

acts in a wide range of planning and environmental law matters for developers, local authorities and other interested parties. She is also a qualified mediator and is able to mediate between parties on any planning/environmental dispute. Her work in 2016/17 includes: representing a major housing developer in objecting to the Silvertown Tunnel DCO (junior to James Strachan QC), representing Natural Resources Wales at a 20 week inquiry into the diversion of the M4 (with Richard Wald), acting for the Secretary of State for Communities and Local Government in a number of statutory challenges and representing a developer in relation to multiple retail schemes across the country including those at appeal. Victoria was appointed to the Attorney General’s C Panel of Counsel in 2016.

JONATHAN DARBY (Call 2012)

Jon is ranked by Chambers & Partners as a leading junior for planning law (Band 5) and is listed as one of the top planning juniors in the Planning Magazine’s annual survey. Frequently instructed

as both sole and junior counsel, Jon advises developers, consultants, local authorities, objectors, third party interest groups and private clients on all aspects of the planning process, including planning enforcement (both inquiries and criminal proceedings), planning appeals (inquiries, hearings and written representations), development plan examinations, injunctions, and criminal prosecutions under the Environmental Protection Act 1990. Jon is currently instructed by the Department for Transport as part of the legal team advising on a wide variety of aspects of the HS2 project and has previously undertaken secondments to local authorities, where he advised on a range of planning and environmental matters including highways, compulsory purchase and rights of way. Jon also provides advice and representation in nuisance claims (public and private), boundary disputes and Land Registration Tribunal matters.

ROSIE SCOTT (Call 2013)

Rosie practises in all areas of public, planning and environmental law. Led by Justine Thornton QC, she acted for Southern Water at a public inquiry into its dispute with the EA over abstraction licences

in March 2018. Recently, Rosie has acted in judicial review and s.289 TCPA challenges; appeared in an 8-day enforcement inquiry relating to land in an AONB; acted for the order-making authority at a number of rights of way inquiries under WCA 1981; and appeared in both the Magistrates and the Crown Court in relation to environmental offences and proceedings under POCA 2002.

KATHERINE BARNES (Call 2014)

Katherine practises in all areas of planning and environmental law, including the specialist areas of town and village greens, assets of community value and highways. Her clients include developers, local

authorities, NGOs, community groups and individuals. She is listed as one of the ‘Highest Rated Planning Juniors Under 35’ by Planning Magazine.

ADAM BOUKRAA (Call 2013)

Adam has a broad public law practice and a particular interest in environmental work. He acted for Southern Water in a dispute with the Environment Agency on changes to water abstraction licences,

culminating in an inquiry in March 2018 (led by Justine Thornton QC). More recently, he has advised another water company on the preparation of its water resources management plan (with Stephen Tromans QC). Adam writes regularly on environmental issues: he is a contributor to the Journal of Environmental Law and assisted with updating the leading text on contaminated land. He also has experience of planning matters, including successfully representing the appellant in a challenge to an enforcement notice.

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RACHEL SULLIVAN (Call 2015)

Rachel joined Chambers in 2017 after successful completion of her pupillage. She is developing a broad public, planning and environmental law practice. She has advised on judicial

review matters and has also advised developers on matters relating to development, including advice on land use classes (with Andrew Tabachnik QC) and on carbon neutral homes policy and variation of conditions. She has also been instructed to attend planning inquiries as junior counsel with leading silk. During pupillage Rachel gained experience on a variety of planning and environmental matters including: assisting with a case concerning Hazardous Substance Consents; assisting with an appeal against emission trading scheme allocations; drafting submissions for expert determination on the correct interpretation of a Project Agreement and assisted with advice about prospects of obtaining satisfactory grant of permission, status of draft allocations, neighbourhood plans, and five year housing land supply.

STEPHANIE DAVID (Call 2016)

Stephanie accepts instructions across all areas of Chambers’ work, with a particular interest in planning matters (including environmental offences). Stephanie makes regular court appearances, undertakes

pleading and advisory work and has a broad experience of drafting pleadings, witness statements and other core documents. She has been instructed to advise on a range of matters, including enforcement notices, environmental offences (such as fly-tipping), and applications for planning statutory review. She has also appeared before the Magistrates Court to obtain entry warrants on behalf of Environmental Health Officers.

RUTH KEATING (Call 2017)

Ruth is developing a broad environmental, public and planning law practice. She has gained experience, during pupillage and thereafter, on a variety of planning and environmental matters

including a judicial review challenge to the third runway at Heathrow, protected species, development and land use classes, enforcement notices and environmental offences. Last year Ruth was a Judicial Assistant at the Supreme Court and worked on several environmental, planning and property cases including R (on the application of Lancashire County Council); R (on the application of NHS Property Services Ltd) (UKSC 2018/0094/UKSC 2018/0109), the Manchester Ship Canal Company Ltd (UKSC 2018/0116) and London Borough of Lambeth [2019] UKSC 33. She is an editor of the Sweet & Maxwell Environmental Law Bulletins.

GETHIN THOMAS (Call 2017)

Gethin has a broad planning and environmental law practice. Gethin is ranked as one of the ‘Highest Rated Planning Juniors Under 35’ by Planning Magazine (2020). His recent instructions include acting as

junior counsel to Richard Wald QC, on behalf of Natural Resources Wales, in a successful 4 week inquiry concerning proposed byelaws to protect salmon and sea trout stocks in Wales. He was also instructed by the Government Legal Department in the judicial review challenge to the Heathrow third runway. He regularly advises on a diverse range of planning and environmental issues. For example, he has advised in relation to the Environmental Information Regulations, on the prospects of appealing a refusal of planning permission to develop a site within the Green Belt, and in relation to issues arising from the removal of permitted development rights by planning conditions. Gethin has been instructed in relation to judicial review claims as sole and junior counsel. Gethin also has experience of enforcement matters.

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MATTHEW HORTON qc (Call 1969, Silk 1989)

Matthew is one of the most experienced silks at the Planning, Environmental and Property Bar. He acts for developers, planning authorities and other parties in planning and environmental matters; claimants and acquiring

authorities in compulsory purchase matters; ratepayers and rating authorities in rating matters; and litigants in property matters such as easements, rights of way, ransom, overage and contractual disputes. He has wide experience of judicial review challenges in the courts. He is recognised as an excellent advocate, cross-examiner and lawyer in public inquiry, Lands Chamber, High Court and Appellate Court work. He is accustomed to working with experts in other disciplines.

TOM VAN DER KLUGHT (Call 2019)

Tom accepts instructions across all of chambers’ practice areas. Before transferring to the Bar, Tom trained as a commercial solicitor at Freshfields, qualifying into the firm’s litigation practice

with a specialism in environmental, product liability and regulatory disputes. He worked on a number of major corporate investigations and class actions, as well as general commercial litigation and advisory pieces. During pupillage Tom assisted on a number of environmental law matters and, including advice in relation to the CITES regime.

DANIEL KOZELKO (Call 2018)

Daniel has a mixed practice incorporating planning, environmental, and public law. His instructions have included: acting in proceedings to obtain a certificate of lawfulness of existing use or development;

advising on material changes of use of land in the context of retail developments; and, work on matters involving damage to utilities and highways. Daniel has also recently returned from a secondment at the Supreme Court of the United Kingdom, where he was judicial assistant to Lord Carnwath and Lady Arden. In the course of that secondment Daniel worked on a number of cases raising planning and environmental issues, including R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire CC [2020] UKSC 3 and Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20.

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Environmental & Planning Set of the Year 2019