020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Asitha specialises in Planning & Environment and Licensing law.
Within those fields his practice incorporates related Administrative and Public Law work. He regularly appears at public inquiries, hearings, and before the Higher Courts. His clients include developers and individuals as well as local authorities and residents' groups. He is a PEBA Committee member and co-chair of the Cornerstone Licensing Team.
Asitha specialises in Planning & Environment and Licensing law.
Within those fields, his practice incorporates related Administrative & Public Law work. He regularly appears at public inquiries, hearings, and before the Higher Courts. His clients include developers and individuals as well as local authorities and residents' groups.
Asitha provides strategic and legal advice across a range of sectors including development (residential, retail, and leisure), infrastructure (renewable energy and highways), and regulatory control (environmental enforcement).
In Licensing, Asitha has considerable experience of contested appeals acting for the trade as well as defending licensing authority decisions.
Asitha brings approachability and pragmatism to all of his work and draws on 15 years' experience at the Bar. He is consistently ranked as a leading junior in the main guides to the profession:
"His style is calm but authoritative and persuasive. A particular strength is his detailed preparation: it is apparent that he has carried out thorough research, and explored and understood the issues." Chambers & Partners 2018 (Planning)
"It's his experience, his knowledge, and his approach to cases that impress... He makes things easy for us because he's so well prepared and so well organised." Chambers & Partners 2018 (Licensing)
"He is an excellent advocate, who gives solid, dependable advice." Chambers and Partners 2020
"He is very careful, going through matters diligently and logically. He works well on complex matters and has a measured view." Chambers and Partners 2020
"Great interpersonal skills and has the ability to understand and interprets clients' requirements". The Legal 500 2020
"When cross-examining, he establishing rapport with the witness, allowing him to extract concessions on key points." The Legal 500 2020
"He is a very commercially aware and detailed lawyer, who is astute and will always find a practical solution that works for the business." "Completely honest and someone who does not pull his punches, he is very thorough and highly intelligent." Chambers and Partners 2019
"He is lovely to work with, thoughtful and very supportive of his teams." "He is technically adept, has a wonderful, calming manner with clients and is quick on his feet." Chambers and Partners 2019
"An advocate with substantial appeals experience defending licensing authority decisions." The Legal 500 2018
"Good lawyer, articulate and unflustered, takes obvious care of the client's interests and is forceful when necessary." The Legal 500 2018
"It's his experience, his knowledge, and his approach to cases that impress. He's always on top of the facts and thoroughly prepared." "He makes things easy for us because he's so well prepared and so well organised." Chambers and Partners 2018 (Licensing)
"Asitha is highly approachable and immediately able to put clients at ease. His experience and understanding of the needs and demands of local authorities enable him to take a pragmatic approach to his advice." "His style is calm but authoritative and persuasive. A particular strength is his detailed preparation: it is apparent that he has carried out thorough research, and explored and understood the issues." Chambers and Partners 2018 (Planning)
"He has an excellent manner and is able to reassure clients even in the face of an uphill struggle." The Legal 500 2017
"An approachable barrister, who has an excellent manner with clients." The Legal 500 2017
"He is extremely hard working, well prepared and very thorough." "His written work is excellent – it's to the point, relevant and easy to understand." Chambers and Partners 2017 (Licensing)
"He has an efficient and effective approach to work and problem-solving. His ability to take in information and act upon it under time-limited conditions is very impressive." "Quick and clear advice." Chambers and Partners 2017 (Planning)
"Recommended for local authority representation." The Legal 500 2016 (Planning)
"He provides exceptionally clear and concise advice, and is a joy to work with." The Legal 500 2016 (Licensing)
"He is very intelligent and has an ability to put clients at ease from the first moment he meets them." Chambers and Partners 2016 (Planning)
"He is very focused, intelligent and good with clients. In court he exudes quiet confidence, which can be very effective." Chambers and Partners 2016 (Licensing)
"Provides excellent advice and turns it around very quickly." The Legal 500 2015 (Planning)
"Does a very thorough job; he knows what he is doing and does it very well." The Legal 500 2015 (Licensing)
Asitha is regularly instructed to advise and appear in all aspects of planning litigation. He both promotes and objects to development, and is often involved in assisting clients in their preparation for public inquiries at which he is instructed to appear. He is recommended in Chambers & Partners and the Legal 500 as a leading junior in planning.
He has a particular expertise in renewable energy and has a busy practice appearing at wind farm inquiries, including several recovered appeals: e.g. Treading Field (Fenland), Hempnall (South Norfolk), Spring Farm Ridge (South Northants).
He is familiar with all aspects of the enforcement process and has considerable experience of statutory appeals and the judicial review of Local Authority and Secretary of State decisions.
Asitha's expertise in Licensing takes him across the country acting both for the trade and Local Authorities. He has substantial magistrates' court experience of defending licensing authority decisions on appeal, and appears regularly for the trade both before licensing sub-committees and on appeal for all types of premises (pubs, clubs, off-licences, academic institutions). He is principally involved in alcohol and public entertainment matters under the Licensing Act 2003 and also in taxi licensing litigation.
Asitha is appointed to the Metropolitan Police's panel of Counsel. He has frequently sat as legal advisor and represented the licensing authority before Licensing Sub-Committees.
Recent work includes:
Asitha is recommended in Chambers & Partners and the Legal 500 as a leading junior in Licensing.
A high proportion of Asitha's work involves acting both for and against public bodies. As such, he has experience of public law challenges to the decisions of such bodies. Asitha is regularly instructed in relation to statutory appeals and judicial review applications within his practice areas of Planning & Environmental and Licensing.
Notable work includes:
R (Chalfont St Peter PC) v Chiltern DC [2014] EWCA Civ 1393
Judicial Review involving the proper interpretation of development plan policy and mistake of fact. Led by Mark Lowe QC.
R (Lalli) v Metropolitan Police (1), LB Newham (2) [2015] EWHC 14 (Admin)
Judicial Review involving the proper interpretation of the summary review provisions under s.53A of the Licensing Act 2003. An appeal will be heard in the Court of Appeal in 2017. Led by Philip Kolvin QC.
South Northamptonshire Council v SOSCLG [2013] EWHC 11 (Admin)
Section 288 appeal involving the proper approach to the statutory development plan in decision making.
1st September 2015
Co-author of chapter on bringing a claim in the Planning Court.
28th June 2013
Licensed Premises: Law, Practice and Policy (2nd ed.) 2013, Bloomsbury by Philip Kolvin QC
Author and Co-author of Chapters on 'Offences' and 'Closure Orders'.
Asitha is well regarded in licensing circles for the training he provides on licensing law, practice and procedure. He has regularly provided training on behalf of the Institute of Licensing on various current issues within licensing law.
Asitha delivered a paper on AONB and valued landscape constraints in appeal decisions at PEBA's National Conference 2017 (where the inaugural Francis Patterson paper was given by Lord Justice Lindblom). Asitha is a regular contributor to Cornerstone's Annual Planning Day and training events.
• Planning & Environment Bar Association (PEBA)
• United Kingdom Environmental Law Association (UKELA)
• Institute of Licensing (IOL)
• Constitutional & Administrative Bar Association (ALBA)
Case: Planning and Environment
Appeals by Liberty UK Ltd. relating to Kings Hill, West Malling, Kent (APP/H2265/W/19/3235165-7, 71)
14th February 2020
Section 78 conjoined appeals (inquiry) defending Tonbridge & Malling BC's refusal of outline planning permission for up to 435 residential units at 5 sites around the Kings Hill Estate, a....Case: Planning and Environment
10 Midland Road, Luton, Bedfordshire (APP/B0230/W/19/3235438)
16th January 2020
Section 78 appeal successfully promoting a mixed use scheme including 227 apartments across 5 buildings (3-7 storey), retail units and community space in the Luton High Town area on behalf....Case: Planning and Environment
Land at Windacres Farm, Church Street, Rudgwick, Surrey (APP/R3650/W/19/3230164)
15th November 2019
Section 78 appeal (inquiry) successfully defending Waverley BC's refusal of outline planning permission for a 57 unit residential scheme within the village of Rudgwick. The inquiry heard expert evidence on landscape....Case: Public Law and Judicial Review, Planning and Environment
Court of Appeal dismisses Waverley Local Plan challenges
1st November 2019
In a judgment handed down on 31 October 2019, the Court of Appeal dismissed conjoined Local Plan challenges brought by POW Campaign Limited and CPRE Surrey to the adoption of....Case: Licensing
Miah and Ullah v Brentwood BC (The Raj, Brentwood)
21st October 2019
Successfully defended (at appeal) Brentwood BC's decision to revoke a premises licence for an Indian Restaurant, based on the employment of illegal workers, following an operation led by the Police.....News: Licensing
Lonsdale v LB Islington (The Sekforde, Clerkenwell)
4th October 2019
Successfully defended (at appeal) LB Islington's decision to impose a series of noise conditions on the premises licence for a Grade II listed pub known as The Sekforde, following a....Case: Planning and Environment
Land to the South of Cox Green Road, Rudgwick, Surrey (APP/R3650/W/19/3227970)
16th September 2019
Section 78 appeal (inquiry) successfully defending Waverley BC's refusal of outline planning permission for a 53 unit residential scheme adjoining the hamlet of Cox Green near the village of Rudgwick. The....Case: Public Law and Judicial Review, Planning and Environment
Rival crematorium challenge defeated in High Court
31st July 2019
R (Dignity Funerals Ltd) v Huntingdonshire DC [2019] EWHC 2114 (Admin)
....Case: Planning and Environment
District Judge dismisses Improvement Notice prosecution under the Housing Act 2004
28th June 2019
Lepex Holdings Ltd and their managing agent Andlow Properties Ltd were prosecuted by the London Borough of Tower Hamlets for failing to comply with Improvement Notices dating from 2015 relating....Case: Licensing
The Mother Bar, 333 Old Street, Shoreditch, London
27th June 2019
Represented the Met Police at a review hearing before LB Hackney in which the Police raised serious concerns about violent incidents related to the premises across the summer months. The....Case: Public Law and Judicial Review, Planning and Environment
High Court dismisses planning fraud claim
8th May 2019
Chalfont St Peter Parish Council v Holy Cross Sisters Trustees Incorporated [2019] EWHC 1128 (QB)
....Case: Public Law and Judicial Review, Planning and Environment
Confiscation order appeal allowed
27th February 2019
Represented the LB Islington in an appeal against sentence and a confiscation order arising from an enforcement notice prosecution. Instructed in the Crown Court for the POCA hearing, after the....Case: Licensing
21st January 2019
Successfully represented Chesterfield BC in an appeal against its decision to revoke a Private Hire Driver's Licence with immediate effect following an altercation outside a hospital between the driver and....Case: Licensing
Live Nation (Music) UK Ltd. v LB Haringey (Wireless Festival, Finsbury Park)
8th January 2019
Successfully defended (at appeal) LB Haringey's decision to impose stricter noise conditions on Wireless Festival following a review brought by the Friends of Finsbury Park. The application was first considered....Case: Planning and Environment
Land to the rear of 237-259 London Road, West Malling, Kent (APP/H2265/W/18/3202040)
19th December 2018
Section 78 appeal (inquiry) defending Tonbridge & Malling BC's refusal of planning permission for an extra care development of 79 units and associated communal facilities adjacent to the settlement of....Case: Public Law and Judicial Review, Planning and Environment
High Court dismisses Waverley Local Plan challenges
6th November 2018
In a judgment handed down yesterday, the Planning Court has dismissed conjoined Local Plan challenges brought by POW Campaign Limited and CPRE Surrey to the adoption of Waverley Borough Council's....Case: Planning and Environment
Land at Chestnut Avenue and Octagon Road, Whiteley Village, Surrey (APP/K3605/W/18/3193937)
9th October 2018
Section 78 appeal (inquiry) successfully defending Elmbridge BC's refusal of planning permission (an overturn) for 60 almshouses (affordable housing) through an enabling development of a 40-unit extra care home (C2).....Case: Planning and Environment
Land on East Side of Green Road, Woolpit, Suffolk (APP/W3520/W/18/3194926)
28th September 2018
Section 78 appeal (inquiry) defending Mid Suffolk DC's refusal of planning permission (an overturn) for 49 dwellings (including 17 affordable dwellings) on the edge of the village of Woolpit in....Case: Licensing
Saint Event Services Ltd. v LB Islington (Club Reina, Clerkenwell)
3rd September 2018
Represented LB Islington in an appeal against its decision to reduce the hours of operation of Club Reina (to 0300hrs) and impose conditions following a review brought by the Met....Case: Licensing
Beronmoor Ltd. v LB Islington (The Winchester, Angel)
28th August 2018
Successfully represented LB Islington in an appeal against its decision to reduce the hours of operation (by 2hrs) and impose conditions on a late night bar / nightclub, following a....Case: Licensing
Farringdon Pub Ltd. v LB Islington (The Coach & Horses, Farringdon)
1st August 2018
Represented LB Islington in an appeal against its decision to vary the premises licence for the Coach & Horses, a high-end gastropub in the heart of Farringdon. The premises were....News: Licensing
Cornerstone Barristers appointed to the Gambling Commission’s panel
14th February 2018
Cornerstone Barristers has been appointed to the Gambling Commission's standing panel of barristers' chambers to provide legal advice and representation for an initial period of three years. The team will be....News: Licensing
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
....News: Planning and Environment
5th May 2017
Asitha delivered the Appeal Decision Review on AONB and valued landscape constraints in Inspectors' appeal decisions (with Ruth Stockley) at PEBA's prestigious National Conference 2017. The conference was held in....Case: Public Law and Judicial Review, Planning and Environment, Property, Commercial and Regulatory
Redress for abuse of the planning system
11th April 2017
Master Davison refuses to strike out claim alleging planning fraud by religious charity Chalfont St Peter Parish Council v Holy Cross Sisters Trustees Incorporated Queen's Bench Division, 10 April 2017 This claim concerns....Case: Property, Licensing
22nd November 2016
The world-famous nightclub Fabric is once again to open its doors. The club was closed in September by Islington Council, as a result of deaths from drug overdoses at the club,....Case: Licensing
Boujis’ nightclub licence suspended after major disorder
2nd November 2015
Following a mass brawl involving its customers, the premises licence for Boujis nightclub has been suspended for two weekends and its hours have been curtailed on re-opening pending final review by Kensington & Chelsea Council's licensing sub-committee.
....Case: Planning and Environment, Housing, Property, Health and Social Care
Pickles Overrules Inspector Over Three Norfolk Turbines
26th January 2015
For the second time in three years proposals for a major windfarm site in Norfolk have been turned down due to impacts on the historic landscape at Upper Vaunces Farm near Dickleburgh in Norfolk.
....Case: Licensing
Lalli (William The Conqueror) V MPS, LB Newham, [2015] EWHC 14 (Admin), January 2015
13th January 2015
Asitha successfully represented the Metropolitan Police in summary review proceedings in August 2014 which led to the revocation of the licence for pub premises following a serious assault. The premises....Case: Licensing
Summary Reviews: when are licensed premises ‘associated with’ serious crime?
9th January 2015
The High Court has today dismissed a challenge against the decision of the Metropolitan Police to bring summary review proceedings leading to the suspension and revocation of a licence for ...
....Case: Planning and Environment,
Winning The Wind Farm War: Secretary Of State Refuses Permission For Spring Farm Ridge Wind Farm
7th January 2015
On 22 December 2014 the Secretary of State finally announced his decision to refuse planning permission for a commercial scale wind farm known as Spring Farm Ridge, located between Greatworth....Case: Planning and Environment,
Spring Farm Ridge, Appeal By Broadview Energy Ltd., December 2014
13th December 2014
Successfully defended South Northamptonshire Council's decision to refuse planning permission for a commercial scale wind farm (5 turbines, 125m to blade tip) at inquiry. The appeal was recovered by the....Case: Planning and Environment
30th October 2014
In a unanimous ruling (though with split reasoning) the Court of Appeal [Moore-Bick, Beatson, and Briggs LJJ] handed down judgement on Tuesday dismissing a challenge to the grant of planning....Case: Planning and Environment,
Planning Balance Weighs Against Hempnall Wind Farm
29th October 2014
In another success story for those resisting onshore wind farms, the Secretary of State yesterday dismissed an appeal against the refusal by South Norfolk Council to grant permission for a....Case: Licensing
Hypermarket, 327 Lincoln Road, Peterborough, October 2014
13th October 2014
Successfully applied for a new premises licence for a Turkish Hypermarket within Peterborough's cumulative impact area in the face of police objection.....Case: Planning and Environment
13th October 2014
Successfully defended a challenge to the grant of permission for the redevelopment of a former school site (including up to 198 dwellings) in the Court of Appeal. The Court considered....Case: Planning and Environment,
Hempnall, Appeal By Streetwood Wind Farm Norfolk Ltd., October 2014
13th October 2014
Successfully defended South Norfolk District Council's decision, against officer recommendation, to refuse planning permission for a commercial scale wind farm (3 turbines, 125m to blade tip) at inquiry. The appeal....Case: Licensing
Elements Nightclub, Bedford, September 2014
13th September 2014
Successfully represented the Licensing Authority at a hearing resisting an application by Bedford's largest nightclub to extend its last entry condition by half an hour. The decision is currently subject....Case: Planning and Environment
Examination of South Norfolk Local Plans, 2014
13th September 2014
Asitha advised South Norfolk District Council on its Site Specific Allocation, Wymondham Area Action Plan, and Development Management Plan documents which were considered at Examination in Public.....Case: Planning and Environment
New Planning Court signals its intent
27th May 2014
The new Planning Court has shown itself true to its word in seeking to provide an efficient appeal court to deal with challenges to the grant of planning permission. In the latest round of a "store wars" battle concerning rival sites in Whittlesey, Cambridgeshire, the Court last week refused permission to Harrier Developments (a development partner of Tesco Stores) to challenge Fenland District Council's decision to grant consent to Sainsbury's for a major food store
....Case: Licensing
Carter (Bar Centro) V Chesterfield BC, May 2014
13th May 2014
Successfully defended Chesterfield BC's decision to revoke a premises licence for a town centre nightclub in Chesterfield known as Bar Centro (4 a.m. licence) at appeal. The police had brought....Case: Licensing
HD Festival – Forest Farm (December 2013)
21st December 2013
In this case Asitha represented the Metropolitan Police who were supporting a local resident's review of the High Definition Festival held during one weekend each year in the London Borough....Case: Licensing
Electric Star Limited V LB Islington June 2013
1st July 2013
This was an appeal against the Council's decision to restrict the hours and capacity of a pub / nightclub known as the Star of Kings following a review brought by....News: Licensing
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....News:
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters.
....Case: Inquests and Inquiries
High Court quashes grant of permission for onshore windfarm
28th January 2013
The High Court has quashed the grant of planning permission for a commercial scale windfarm on a site near Greatworth and Helmdon in the South Northants area.
....Case: Planning and Environment
High Court quashes grant of permission for onshore windfarm
28th January 2013
The High Court has quashed the grant of planning permission for a commercial scale windfarm on a site near Greatworth and Helmdon in the South Northants area.
....Case: Licensing
Greene King Ltd. V Bedford Borough Council (December 2012)
1st December 2012
This was an appeal against the Council's decision to restrict the use of a large beer garden of a public house known as The Ship on the edge of Bedford's....Case: Planning and Environment,
South Northamptonshire District Council V Secretary Of State (December 2012)
1st December 2012
In this s.288 TCPA 1990 appeal, the Council challenged in the Administrative Court an Inspector's decision to grant planning permission for a commercial scale windfarm (5 turbines each over 100m)....Case: Planning and Environment
Land East Of East Delph, Whittlesey, Appeal By Showfields Ltd., November 2014
13th November 2012
Successfully defended Fenland District Council's decision to refuse outline planning permission for up to 249 dwellings. The inquiry heard expert evidence principally on flooding and planning matters, and also considered....Case: Licensing
1st October 2012
This application involved a commercial client known as Proud2 operating the largest nightclub in the O2 Centre with a capacity of over 2500 people and a very late licence. The....Case: Planning and Environment
1st September 2012
This public inquiry considered an appeal against the refusal of the Council to grant planning permission for the conversion of a former milk depot into residential flats and commercial builder's....Case: Licensing
Fevzi Yeter V London Borough Of Islington (July 2012)
1st July 2012
This was an appeal against the Council's decision to revoke the licence at premises known as The Saigon Eagle Off-Licence following a review brought by Trading Standards. The Bench at....Case: Licensing
Carumi Ltd. V London Borough Of Lambeth (July 2012)
1st July 2012
This was an appeal against the Council's decision to restrict the licensing hours at a nightclub known as Artesian Well - with a capacity of approximately 500 people - following....Case: Licensing
University Of Brighton – Varley Halls Of Residence (June 2012)
1st June 2012
The University of Brighton applied for a premises licence for their newly constructed campus on the outskirts of Brighton. The application met with considerable opposition from local residents who had....Case: Planning and Environment
4th April 2012
Asitha represented the Council in its application to discharge an interim injunction preventing its planning enforcement department from taking direct action. The Council had started to take direct action pursuant to....Case: Planning and Environment
Appeal By TCI Renewables Ltd. (April 2012)
1st April 2012
This public inquiry considered an appeal against the Council's decision to refuse planning permission for the erection of a commercial scale windfarm (3 turbines each over 100m) at Pulham Market....Case: Planning and Environment
R (Dignity Funerals Ltd.) V Fenland District Council, Memoria Limited CO/7744/2011
7th March 2012
This case involves a challenge to the Council's decision to grant planning permission for a Crematorium in Chatteris, Cambridgeshire. The challenge is brought by a company which was granted permission for....Case: Planning and Environment
7th March 2012
These conjoined appeals were heard at an inquiry to consider the Council's refusal to grant planning permission for two commercial scale windfarms (5 and 6 turbines each over 100m) at....Case: Planning and Environment
Development Corporation defeats Mega Church's Olympic relocation bid on appeal
10th September 2009
Mary Cook, assisted by Asitha Ranatunga recently received the Secretary of State's DL dismissing an appeal in which they appeared at a planning inquiry, instructed by Nigel Hewitson of Norton....Case: Planning and Environment
1st January 2008
Hart District Council's unsuccessful High Court challenge to the Secretary of State's decision to grant planning permissions related to housing development involving a bespoke package of mitigation measures to ensure....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
Cardiff: Falcon Drive, Cardiff Bay, Cardiff, Mid Glamorgan, CF10 4RU
DX: LDE 316 (Chancery Lane)
