Property & Planning
Peter is a Chartered Surveyor who transferred to the Bar in 2013 after more than 25 years’ in practice in planning and development.
Peter has extensive experience in dealing with large, complex and controversial planning proposals at application and appeal stages and in subsequent appeal proceedings, acting as advisor to both public and private sector clients on strategy, tactics and procedure. He is a team player, comfortable working alongside fellow professionals as part of the project team.
All well as all aspects of town and country planning in England and Wales (including applications, appeals, enforcement, environmental impact assessment, CIL, planning obligations, local and neighbourhood plans, local and neighbourhood development orders, listed buildings and advertisement control), Peter is also familiar with dealing with the consenting arrangements in the Planning Act 2008 for NSIPs as well as other consent regimes (e.g. Transport and Works Act, Electricity Act, hybrid bills) and associated areas of law including highways/public rights of way, compulsory purchase, assets of community value, environmental and land law.
His experience enables Peter to identify and appreciate the commercial implications of any instruction and to take a considered view about possible outcomes. He has a keen, informed, analytical approach combined with a practical understanding of the issues at hand.
Property & Planning Cases
Peter commenced practice as a planning consultant in 1986 and from the outset was involved in complex, challenging and often controversial planning and development projects, beginning – as a junior planning assistant – with Canary Wharf and including in later years developments such as Bath Western Riverside and Tottenham Hotspur’s new stadium project.
His planning experience encompasses large-scale housing and urban expansion proposals, universities, manufacturing, research and distribution, leisure and hotels, tall buildings, the Defence Estate, theme parks and visitor attractions, ‘one off’ developments and programmes of development (including budget hotels, branded restaurants and corporate rebranding exercises), airports and airport-related development, railways (including the Crossrail parliamentary process), energy generation and transmission, sports stadia and listed buildings and enabling development.
His wider property experience encompasses highways proposals, public rights of way, easements (including rights of light), restrictive covenants, boundary disputes and private and public nuisance.
Some examples of recently reported cases include:
Burnley Borough Council v Huron Properties Ltd [2017] RVR 279/[2016] EWHC 3803 (Admin) – the correct approach to interpreting the statutory list of buildings of special architectural and historic interest where there is ambiguity
R (on the application of Mars Jones) v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1111 (Admin) – claim for judicial review of the North Wales Wind Farms Connection Order 2016
Further examples:
Development Management, Judicial Review and Statutory Review
Advising and representing claimants in judicial review proceedings in respect of planning permissions and development consent orders; advising objectors/prospective objectors in respect residential, commercial and leisure development proposals and large-scale infrastructure proposals; advising developers in relation to Section 106 negotiations and/or the relaxation of Section 106 obligations; advising developers on CIL liability.
Development Plans
Advising neighbourhood forums on various aspects of the preparation of Neighbourhood Plans and on the relationship between emerging Neighbourhood Plans, Local Plans and developments brought forward through the planning application process.
Planning and Listed Building Enforcement and Related Powers
Advice to local planning authorities and landowners in relation to enforcement proceedings including prosecutions and appeals arising from Enforcement Notices, Breach of Condition Notices, Section 215 Notices, Listed Building Enforcement Notices and Notices under the Building Acts as well as in Planning Injunctions cases.
Highways and Transport Infrastructure
Advising objectors/prospective objectors to rail projects including the Manchester Piccadilly to Oxford Road Capacity Scheme, Crossrail 2 and HS2.
Advising a developer on contested proceedings arising from Section 35 of the Highways Act 1980.
Compulsory Purchase and Compensation
Advising acquiring authorities and landowners on claims for compensation arising from the compulsory acquisition of land and rights over land, including references to the Upper Tribunal.
Public Rights of Way
Advice on Definitive Map Modification Orders.
Wayleaves
Advising owners and occupiers in proceedings under Schedule 4 of the Electricity Act 1989.
Assets of Community Value
Advising landowners on appeals against ACV designation.
Land and Property
Advising landowners on boundary disputes, including applications for interim relief and substantive proceedings; advising on restrictive covenants, including on a landowner/developer’s successful application to the Upper Tribunal to discharge a restrictive covenant arising from a scheme of development; advising on disputed easements.
ADR
Acting as an advocate in mediations, particularly in property disputes.
Peter is also an accredited mediator.
