Clare has a busy practice in public law encompassing in particular planning and environmental law. She has served on the Attorney General’s C and B panels, and is a member of the Cornerstone Climate cross-disciplinary practice group for climate litigation and advice.
Clare is ranked as a leading junior in planning both by Chambers and Partners and Legal 500. She was commended in Legal 500 2023 for her “understated excellence – no courtroom theatrics, just an intellectual force to be reckoned with.”
Expertise
- Planning and Environment
Clare has a broad planning practice. She represents a range of clients including local authorities, developers, central government, action groups and special interest groups.
She has particular expertise in infrastructure projects, especially wind energy and transport projects. In 2017, Clare was instructed by the Department for Transport to join the legal team advising on a wide variety of aspects of the HS2 project. She was also involved in the longest running on-shore wind energy inquiry in mid-Wales.
She has expertise in relation to plan-making (appearing for the Defendant in the leading case on neighbourhood plans DLA Delivery v Lewes District Council, and on challenges to local plans including Wealden v Lewes District Council and CPRE Surrey v Waverley District Council). She appears in a wide range of section 78 and enforcement inquiries.
Clare is ranked as a leading junior in planning by Chambers and Partners.
Clare has particular experience dealing with cases in Wales.
Planning inquiries
Clare has appeared at inquiries concerning a wide range of development including housing, retail, wind energy, and development of listed buildings. These inquiries have covered the full range of topics including in particular, landscape and visual, housing land supply, the historic environment, traffic and transport and noise.
Examples of inquiries include:
- Acting for Bradford Metropolitan District Council in a minerals inquiry.
- Acting for the appellant in an inquiry concerning 20 homes outside the settlement boundary in South Northamptonshire.
- Acting for the Uttlesford District Council (led by Tom Cosgrove KC) in a recovered appeal at land east of Highwood Quarry on an application for between 1000 and 1200 dwellings and 21,500sqm gross of additional development.
- Acting for Horsham District Council in an appeal concerning 473 dwellings in the High Weald AONB.
- Appearing for local parish councils in a case in Tonbridge and Malling BC raising issues of prematurity where a site was proposed to be included in the green belt in the local plan.
- Appearing for the appellant in an enforcement inquiry in Milton Keynes which has attracted national press attention.
- Appearing for the National Trust in an appeal concerning the impact of housing proposals on the Fountains Abbey and Studley Royal Water Gardens World Heritage Site.
- Appearing alongside Thomas Cosgrove KC in a year-long inquiry into wind farms in Powys.
Higher Court challenges
Clare regularly appears in the High Court on planning judicial reviews and section 288 challenges. Recent examples include:
- Acting for the Secretary of State in a challenge to Michael Gove’s decision to refuse permission to M&S to redevelop their flagship store on Oxford Street (led by Paul Shadarevian KC).
- Acting for Glastonbury Festival Entertainments Limited in a challenge to a grant of planning permission for the continuance of the world-famous Glastonbury Festival.
- Acting for the developer as interested party in a challenge to a grant of permission for homes on a site in South London.
- Acting for a developer seeking to bring a section 288 challenge to a decision to refuse planning permission for a housing development in Farnham.
Development plans
Clare has advised a number of local authorities, including Guildford BC and Herefordshire CC on their local plans. She has appeared at a number of local plan inquiries.
She has been instructed in challenges to local plans including Wealden District Council v Secretary of State for Communities and Local Government [2017] EWHC 351 (Admin)) and CPRE Surrey v Waverley BC [2018] EWHC 2969 (Admin).
Clare regularly advises on neighbourhood plans. She has acted in some of the most significant challenges to neighbourhood plans including R (oao DLA) v Lewes District Council [2017] EWCA Civ 58 (a challenge to the Newick Neighbourhood Plan) and R (oao Bewley Homes) v Waverley Borough Council [2017] EWHC 1776 (Admin) (a challenge to the Farnham Neighbourhood Plan).
Planning enforcement
Clare has advised on and appeared in a range of enforcement matters including listed buildings enforcement and planning enforcement. She has provided training to the Planning Inspectorate on planning enforcement.
She has appeared in challenges concerning enforcement matters in the higher courts for example: Alderson v Secretary of State for Communities and Local Government [2017] EWHC 1415 (Admin).
Environment
Clare regularly appears in and advises on cases concerning the EIA Regulations, Habitats Regulations and SEA Regulations. Notable cases include:
- Wealden v Secretary of State for Communities and Local Government [2017] EWHC 351 (Admin) (case concerning how to deal with cumulative increases of traffic on a SPA).
- R (DLA) v Lewes District Council [2017] EWCA Civ 58 (application of SEA Regulations to a neighbourhood plan).
Infrastructure
Clare is part of the team promoting the High Speed (Crewe to Manchester) Bill and was part of the team promoting what became the High Speed Rail (Birmingham to Crewe) Act 2021.
Clare has extensive experience of wind energy applications including representing Powys County Council in a year long appeal concerning five conjoined applications for wind farms and an application for a 132kV electricity line. She has appeared in challenges to wind energy schemes in the higher courts including R (oao) Williams v Powys CC [2017] EWCA Civ 427.
Rights of way
Clare has advised on and appeared in a number of matters involving rights of way, including challenges in the High Court and footpath inquiries.
The Historic Environment
Clare has extensive experience in dealing with the historic environment. In particular, she has:
- Appeared in listed building enforcement inquiries, including representing the RBKC in a substantial four-day inquiry concerning a listed building.
- Represented the National Trust in an inquiry concerning the impact of a housing scheme on a world heritage site.
- Appeared in a number of legal challenges concerning the historic environment including R (on the application of Martin) v Powys CC [2018] EWHC 2892 (taking into account impact on a listed building), R (on the application of North Norfolk Planning Watch Ltd) v North Norfolk DC [2017] EWHC 3345 (Admin) (local listing), R (on the application of Williams) v Powys CC [2017] EWCA Civ 427 (Court of Appeal decision on assessing impact on the setting of a listed building and when a need to consult on an application affecting a scheduled monument).
- Appeared in a substantial number of inquiries concerning impacts on heritage assets.
- High Court to hear significant statutory challenge against refusal of planning permission to demolish and rebuild M&S Oxford Street store13 Feb 2024
- Land East of Highwood Quarry, Park Road, Little Easton19 Jul 2022
- Lewes District Council overturns Housing Delivery Test following judicial review of Secretary of State30 Oct 2019
- Council not required to take into account an emerging five year housing land supply statement01 Feb 2019
- High Court dismisses Waverley Local Plan challenges06 Nov 2018
- Local Government Lawyer – Winds of change in Wales?01 Jan 2018
- Court of Appeal rules on requirements of the law of nuisance, and the effects of a statutory scheme of regulation01 Jan 2018
- Cornerstone Barristers acts for successful local authority in securing the rejection of four onshore wind farms after Wales’s longest ever planning inquiry01 Jan 2018
- R (On The Application Of Lucchetti) V South Norfolk District Council01 Jan 2018
- Hertfordshire County Council V Secretary Of State For Communities And Local Government And Metal And Waste Recycling Ltd01 Jan 2018
- Ardagh Glass v Chester City Council [2009] EWHC 74501 Jan 2018
- Llanishen Reservoir, Cardiff: Western Power Distribution (WPD) Lose Round 301 Jan 2018
- Leeds Group Plc v Leeds City Council [2011] EWCA Civ 144701 Jan 2018
- City and Country Residential Ltd v Secretary of State for Communities and Local Government and another [2009] EWHC 1890 (Admin)01 Jan 2018
- East Dorset District Council v Secretary of State for Communities and Local Government [2009] EWHC 1058 (Admin)01 Jan 2018
- Leeds City Council v Secretary of State for Communities & Local Government & Anor [2009] EWHC 1014 (Admin)01 Jan 2018
- Section 171B Time Limits Not Incompatible With The EIA Directive01 Jan 2018
- Challenge To Essex Waste Station Rejected01 Jan 2018
- Mid Wales Conjoined Planning Inquiry [2013-14]01 Jan 2018
- Neighbourhood plans can come forward ahead of up to date local plans01 Jan 2018
- Natural England’s approach to in combination impacts of car generating plans cannot be supported01 Jan 2018
- Important Developments in Neighbourhood Plans01 Jan 2018
- The New NPPF: A Christmas Cracker?12 Dec 2024
- Cornerstone Barristers continues to be ranked as one of the leading sets at the Bar in the 2025 edition of the Legal 50002 Oct 2024
- The Return of Onshore Wind09 Jul 2024
- LURA gives more power to government in the name of levelling up12 Dec 2023
- Cornerstone Barristers achieves record results in Chambers UK Bar Directory 2024 for Planning and Environment24 Oct 2023
- Cornerstone Planning Team recommended as a leading set for planning in The Legal 500 2024 guide05 Oct 2023
- Clare Parry returns to Chambers following maternity leave11 Sep 2023
- Cornerstone Planning Day 2021 – Tickets available20 Sep 2021
- Planning Law Survey 2020 – Barristers at Cornerstone among the “most-admired”30 Mar 2020
- Lewes District Council overturns Housing Delivery Test following judicial review31 Oct 2019
- Solicitors Journal – A long and winding road in Wales01 Jan 2018
- Wales Planning Law Update01 Jan 2018
- Local Government Lawyer: Winds of change in Wales01 Jan 2018
- The Planner – Practical ways to overcome obstacles to planning permission01 Jan 2018
- Estates Gazette: An encouraging start01 Jan 2018
- Planning and Local Government issues for Wales01 Jan 2018
- Important Changes in Costs in Planning Challenges01 Jan 2018
- Planning Magazine – What new court cost rules mean for objectors and councils01 Jan 2018
- Planning Magazine – Still scope for challenges to costs protection rules01 Jan 2018
- Cornerstone Annual Planning Day01 Jan 2018
- Planning Magazine: The Planning Law Survey 201501 Jan 2018
- Public Law and Judicial Review
Clare has a particular interest in public law, and has served on both the Attorney General’s C panel and B panel. The nature of her practice is such that public law issues pervade almost all the work she does. She has particular experience of judicial review and other public law proceedings within the following practice areas:
- Planning and environment
- Housing
- Immigration
- High Court to hear significant statutory challenge against refusal of planning permission to demolish and rebuild M&S Oxford Street store13 Feb 2024
- Lewes District Council overturns Housing Delivery Test following judicial review of Secretary of State30 Oct 2019
- Council not required to take into account an emerging five year housing land supply statement01 Feb 2019
- High Court dismisses Waverley Local Plan challenges06 Nov 2018
- Local Government Lawyer – Winds of change in Wales?01 Jan 2018
- Ardagh Glass v Chester City Council [2009] EWHC 74501 Jan 2018
- Barratt Homes Ltd V Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court Of Appeal)01 Jan 2018
- Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure01 Jan 2018
- Neighbourhood plans can come forward ahead of up to date local plans01 Jan 2018
- Cornerstone Barristers continues to be ranked as one of the leading sets at the Bar in the 2025 edition of the Legal 50002 Oct 2024
- The Return of Onshore Wind09 Jul 2024
- Emma Dring and Ruchi Parekh appointed to the Attorney General’s B Panel of Junior Counsel to the Crown, with Rowan Clapp appointed to C Panel02 Aug 2023
- Clare Parry and Estelle Dehon appointed to the Attorney General’s B Panel03 Jul 2018
- The Planner – Practical ways to overcome obstacles to planning permission01 Jan 2018
- Planning Magazine – What new court cost rules mean for objectors and councils01 Jan 2018
- Planning Magazine – Still scope for challenges to costs protection rules01 Jan 2018
- Planning Magazine: The Planning Law Survey 201501 Jan 2018