Member: Planning and Environment Bar Association (PEBA); UK Environmental Lawyers Association (UKELA).
Jonathan’s experience includes all aspects of planning and environmental law, including major infrastructure projects. These range from large scale wind-farms, major waste management facilities and telecommunications schemes to motorways and trunk road schemes. On the basis of this experience he was invited in 2010 to provide training for Commissioners at the Infrastructure Planning Commission, that deal with large scale infrastructure projects including energy, transport and other major infrastructure projects. Jonathan has also provided recent training to Welsh local authorities and planning professionals on renewable energy development.
Recent High Court work has included successfully representing a County Highway Authority in respect of the meaning and application of section 278 agreement, successful challenges to enforcement notice and section 78 appeal decisions. He has both prosecuted and defended in Crown and Magistrates Courts in relation to planning, listed buildings and other enforcement actions. His Court experience includes extensive experience of judicial review and section 288 challenges at all levels, including the appellate courts. He also has particular experience in planning enforcement appeals and section 289 appeals to the High Court.
Recent examples of his work include:
Infrastructure and Waste
- Grange Farm Wind Farm, Lincolnshire. Jonathan Clay acted for South Holland District Council. Major windfarm application in undesignated Fenland site. Section 78 appeal. Principal issues; landscape, historic buildings, need for renewable energy development, residential amenity. Appeal allowed.
- Blockade Services Perrylands Lane, Surrey. Section 174 Enforcement Appeal against Surrey County Council. Jonathan acted for the appellant. Substantial waste development in the Green Belt. Raised important points relating to abandonment of previous use. Appeal allowed.
- Trewern Argae: The first ever Ministerial appeal under the Water Resources Act 1991 concerning flood defence development in a river flood plain in October 2008. Jonathan represented appellant. Appeal allowed and full award of costs against Environment Agency.
- Crowholt Windfarm, Notts. In January and February 2007, Jonathan represented the local planning authority in a public inquiry concerning the largest on-shore wind farm in England, successfully persuading the Secretary of State to refuse permission
Enforcement
- R. v. OAO East Sussex County Council v SSCLG & Robins [2010] EWHC 4841 Reported Case summaries JPL [2010] 89. Judicial Review. Jonathan Clay acted for Second Defendant. Sec of State not represented. Permission hearing treated as final hearing by Judge. Important case on powers to correct enforcement notices and duties of respective authorities in mixed use cases involving both County and District matters. On Jonathan’s submission, Enforcement Notice had been quashed by Inspector and costs awarded against ESCC. ESCC challenged by JR. SS did not appear at permission hearing. ESCC Application dismissed.
- Cophall Farm, Surrey: A major airport parking enforcement inquiry at Gatwick Airport in summer 2008. Jonathan represented the appellant. Successfully challenged Inspector’s decision in High Court.
Major development
- HMS Ganges,, Nr Ipswich, Suffolk. July 2010. Jonathan acted for Babergh District Council against Timothy Mould Q.C. Section 78 reserved matters appeal involving major scheme for redevelopment of former historic Royal Naval Training School including several historic buildings and ancient monuments. Case involved novel points on Environmental Impact Assessment of reserved matters application. Appeal dismissed. section 288 appeal pending on relevance of RSS.
- Brownhills Business Park, Walsall, March 2010 and 2011. Jonathan acted for Walsall Metropolitan Borough Council, against Martin Kingston Q.C. Section 78 Appeal for redevelopment of major active Business Park for housing. Case turned on conflict of policies for protection of employment land in Unitary Plan and Regional Strategy. Appeal allowed, but challenged under section 288, High Court quashed the decision with costs and remitted it to the Secretary of State. Appeal withdrawn with costs in 2011.
- Blue Circle - Brormley Common. Jonathan acted for the appellant obtaining permission on appeal in the dramatic Blue Circle appeal in London Borough of Bromley (July 2007) where his clients obtained approval on appeal for 850 homes on unallocated Green Belt land in Bromley.
- Brighton and Hove Albion Stadium, Falmer. In 2006-7, acting on behalf of his client Brighton & Hove Albion Football Club, Jonathan celebrated victory for them in a long-standing battle to gain planning permission for a 22,500 seat stadium at Falmer, situated on the outskirts of Brighton. Jonathan was instructed by Tony Allen of DMH Stallard in Brighton.
Jonathan is recognised as a leading junior in Legal 500 2012 and as an expert in his field of practice in “Legal Experts 2012”
