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Philip Kolvin

David Lintott

Called
1996
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

David Lintott is a public law specialist with more than 20 years of experience working primarily in areas of local government, planning and housing.

David is a knowledgeable advocate with extensive experience of the higher courts where he has successfully represented a range of clients including local authorities and other public bodies, private clients and residents' associations. He was called to the Bar in 1996, after completing a law degree at Cambridge University.

"He is very astute, knowledgeable and dependable. His level of experience and application of the law are exemplary"

"He has incredibly good client care skills" and "he is very good on his feet"

Chambers and Partners 2020

David's work covers a broad range of areas and developments including heritage, employment, retail, residential and leisure proposals, judicial review/statutory challenges. He is regularly instructed by private companies, planning authorities, public bodies, developers and interest groups throughout the country. David is recognised as providing a comprehensive approach to litigation and tactics ensuring that his clients have the best possible chance to achieve the outcome that they seek.

He has advised clients on all aspects of planning law and public law for more than 20 years and is regularly involved in major public inquiries addressing issues of housing, landscape and visual issues, heritage, retail development, gypsies and travellers and employment land use.

He is a go-to barrister in appeals relating to large housing developments and has recently been involved in appeals relating to the Grade 1 listed Wymondham Abbey in Norfolk, the listed water tower at the Bath Road Reservoir, the redevelopment of the Ford County Cricket Ground, Chelmsford and the redevelopment of the Llanelli RFC ground.

He is consistently in the Court of Appeal in planning and public law matters on cases of wider public interest such as the meaning of the term 'vulnerable' in the Housing Act 1996 and whether proportionality is a question for the courts should a local authority decide to take direct action to clear a site.

For many years he has been consistently listed in the legal directories of leading barristers where clients have indicated that "in court, he is unflappable, and outside of it he has the personal touch" (Chambers and Partners 2018), he is "a fantastic practitioner, who is utterly unflappable and always happy to act as a sounding board" (The Legal 500 2017) and that "he will always give a practical answer and show you the way forward" (Chambers and Partners 2017).

"Very astute, knowledgeable and dependable. His level of experience and application of the law is exemplary, as are his customer service skills. His delivery and presentation before the bench on litigation is of the highest quality. His advice is always easy to comprehend and rational." Legal 500 2021

"An absolute star. I have never lost a case with David on board. He is calm and unflappable, and kind in his stance whether this be at court or in inquiries and particularly in any cross examination, so he tends to get more out the witness than they might otherwise give, or be more fuller in their answers than is helpful to their own case." Legal 500 2021

"He is very astute, knowledgeable and dependable. His level of experience and application of the law are exemplary." "He has incredibly good client care skills." "He is very good on his feet." Chambers and Partners 2020

"He has a particular strength in homelessness litigation, where he has appeared in a number of leading cases at the Court of Appeal" Legal 500 2020

"A fantastic and sensible lawyer." "He is much liked by clients due to his approachable and friendly manner and high level of knowledge." Chambers and Partners 2019

"Approachable, friendly and vastly knowledgeable." The Legal 500 2018

"He produces very detailed and persuasive written opinions." "In court, he is unflappable, and outside of it he has the personal touch." Chambers & Partners 2018

"A fantastic practitioner, who is utterly unflappable and always happy to act as a sounding board." Legal 500 2017

"He will always give a practical answer and show you the way forward." Chambers & Partners 2017

"Extremely articulate and down to earth." Legal 500 2016

"He has a wonderfully approachable nature, and can be asked any query. His homelessness work is of particular note." Chambers & Partners 2016

Overview

David is often the first choice advocate for his work under the Housing Act 1996. He has worked for a wide range of local authorities throughout the country and has achieved successful outcomes in many of the leading cases.

These cases include a series of Court of Appeal decisions in which he represented the London Borough of Enfield addressing when someone can be considered intentionally homeless:

  • (Godson v the London Borough of Enfield [2019] EWCA Civ 486
  • Enfield v Najim [2015] EWCA Civ 319
  • Kruja v Enfield [2004] EWCA Civ 1769)

Also, in the field of intentional homelessness he represented Wandsworth LBC in Adel William v Wandsworth [2006] EWCA Civ 535 C.A. This case is often cited along with Bubb v Wandsworth [2011] EWCA Civ 1285 C.A (in which David also represented Wandsworth) as confirming that fact-finding under the 1996 Housing Act remains a matter for the decision-maker rather than the court.

Recently David has established in Court what is meant by "significantly more vulnerable" when a local authority determines whether someone has a priority need for housing (Panayiotou v Waltham Forest LBC [2018] 2 W.L.R. 1439) and how medical evidence should be treated on a statutory appeal (Wandsworth v Allison [2008] EWCA Civ 354).

He represented the London Borough of Croydon, in the second of four linked appeals dealing with "Zambrano carers" (Sanneh v SSWP [2015] EWCA Civ 49) in which it was determined that being a "Zambrano carer" does not give an entitlement to social assistance on the same basis as an EU citizen lawfully resident here.

He has established the correct route of appeal against an award of costs where an appeal is withdrawn by consent (Handley v Lake Jackson Solicitors [2016] EWCA Civ 465 [2016] 1 WLR 3138 a series of conjoined cases in which he acted for Croydon).

Other notable cases include establishing that occupation in a women's refuge could be of choice (Wandsworth v NJ [2013] EWCA Civ. 1373), cases on the operation of the homelessness review regulations (Ibrahim v Wandsworth LBC [2013] EWCA Civ. 20 and El Goure v Royal Borough of Kensington and Chelsea [2012] EWCA Civ 670) and whether accommodation provided to the homeless is suitable (Watson LBC v Wandsworth [2010] EWCA Civ 1558) amongst others.

Cases

Court of Appeal decides on power to move a homeless applicant
25.03.2019

Godson v the London Borough of Enfield [2019] EWCA Civ 486

....

Historic village of Great Bentley protected from further housing development
05.06.2018
Introduction These s.78 planning appeals (APP/P1560/W/17/318367, 3183695 and 3183626) related to proposed housing development at three sites in the historic village of Great Bentley which has the second largest village green....

When is harm "Significant"?
19.10.2017
"(1) Jesse Panayiotou v London Borough of Waltham Forest(2) Steven Smith v London Borough of Haringey[2017] EWCA Civ 162419th October 2017 Lewison, Beatson and Newey LJJ David Lintott successfully appeared for....

What Does "Significantly" Mean?
11.05.2017
Panayiotou v London Borough of Waltham Forest B5/2016/1023 and Smith v London Borough of Haringey B5/2016/3856 Section 189(1) of the Housing Act 1996 identifies those who have "priority need for accommodation". In....

Settling Public Law Claims: A Victory for Common Sense
18.01.2017
London Borough of Croydon v Vanda Lopes QB/2016/0172 A Judge had held that, following the compromise of an appeal brought under section 204 of the Housing Act 1996, the effect of....

Guidance on sentencing for breaches of HMO Regulations on matters including fire safety
01.12.2016
Welwyn Hatfield v Neil Carroll: DJ Pilling sitting at St Albans Magistrates 30/11/16 David Lintott appeared for the prosecuting local authority. DJ Pilling sitting at St Albans sentenced Mr Neil Carroll....

Court of Appeal gives guidance on destination of County Court "costs only" appeals
26.05.2016

(1) Ian Handley and anr v Lake Jackson Solicitors (A Firm)/ (2) Vanda Lopes v London Borough of Croydon/ (3) Christie Owen & Davies Limited v Awan [2016] EWCA Civ 465

....

Deliberate concealment of a breach of planning control by the design of building
21.04.2016
The Old Barn, White Lodge Farm, Bulls Lane, Brookman's Park, Hatfield AL9 7AZ Ref: APP/C1950/C/14/3000358, APP/C1950/C/14/3000361 David Lintott successfully appeared for Welwyn Hatfield BC in three conjoined enforcement notice appeals before Inspector....

Magistrates send out a message on fire safety
27.11.2015
Welwyyn Hatfield v Fasogbon: Watford Magistrates 23/11/15 David Lintott appeared for the prosecuting local authority. The Watford Magistrates Court sitting at St Albans sentenced Mr Adeyami Fasogbon for breaches of the....

Cornerstone Success In London Borough Of Enfield Housing Act Appeal
04.03.2015
The Court of Appeal holds that a relevant fact under s.191(2) of the Housing Act 1996 had to be an existing fact and could not be a belief in the....

Cornerstone Success In London Borough Of Croydon "Zambrano Carers" Appeal
12.02.2015
David Lintott of Cornerstone Barristers successfully appeared for the Respondent local authority, the London Borough of Croydon, in the 2nd of four linked appeals dealing with "Zambrano carers". The Court....

London Borough Of Wandsworth V NJ [2013] EWCA Civ. 1373
19.11.2013
7th November, 2013 Lewison, Kitchin, Gloster LJJ David Lintott successfully appeared for the Appellant local authority. The Court of Appeal has allowed the Appellant's appeal and held that the occupation in....

Falis Ibrahim v London Borough of Wandsworth [2013] EWCA Civ. 20
02.02.2013

David Lintott successfully appeared for the Respondent local authority. The Court of Appeal has dismissed the Appellant's appeal and held that the Respondent local authority had not acted in breach of Regulation 8(2) of the Homelessness Regulations.

....

Chaoui El Goure V Royal Borough Of Kensington And Chelsea [2012] EWCA Civ 670 CA
18.05.2012
David appeared successfully for the Royal Borough of Kensington and Chelsea before the Court of Appeal. In this important case dealing with the modern approach to statutory interpretation Mummery L.J.....

Siveter v Wandsworth LBC [2012] (CA) H.L.R. 26
16.02.2012
David acted for Wandsworth LBC in this case relating to a local authority's duties and liabilities in relation to treating pests found to be present in its housing stock. View....

Bubb V Wandsworth LBC [2011] EWCA Civ 1285
09.11.2011
David appeared successfully for Wandsworth and was led by Andrew Arden in the Court of Appeal. In a case of significance for all housing practitioners, Lord Neuberger M.R. (giving the....

Dragic V Wandsworth [2011]
10.02.2011
Dragic v Wandsworth London Borough CouncilThursday, February 10, 2011 High Court (QBD), January 21, 2011 Michael Supperstone QC, sitting as a Deputy Judge The High Court has held that a review decision under....

Watson V The London Borough Of Wandsworth [2010] B5/2009/2427 12/10/10 (Mummery, Etherton And Sullivan LJJ)
01.01.2010
Successful homelessness appeal in which it was held that the Recorder at first instance had wrongfully found the Council's decision under s.202 of the Housing Act 1996 that property was....

News

The Editor speaks
29.03.2018
It will not surprise anybody to hear that this has been a busy period for all those involved in housing. On a personal level, that has included a successful appearance....

Managing Homelessness not Rock Climbing. When is Harm ‘Significant’?
29.03.2018
There are times when you are asked to do a case and the answer leaps off the page. Panayiotou v London Borough of Waltham Forest EWCA Civ 1624 [2017] H.L.R.....

Overview

David is an extremely experienced planning lawyer with tactical knowledge of planning law.

His planning work centres around advising clients in preparation for, and appearing at public inquiries and in the higher courts. He advises clients on all aspects of planning law. He has objected to large scale housing and retail schemes, heritage proposals and other major projects.

David is highly sought after for his inquiry work addressing when development should be termed sustainable in relation to a range of planning issues, including in particular the provision of housing, heritage and landscape and visual impacts.

He has prevented development which would have impacted upon the setting of the Grade 1 listed Wymondham Abbey in Norfolk and acted for Reading Council in a series of inquiries protecting designated and non-designated assets from harmful development, including the listed water tower at the Bath Road Reservoir.

In recent years, he has appeared in a string of inquiries in which he acted for Horsham District Council preventing development which would have impacted on significant heritage assets at Melton Drive, Partridge Green and Henfield. Last year David prevented development within the setting of the listed church at Great Bentley, acting for Tendring District Council in a group of connected appeals both at inquiry and ensuring that permission was not given to appeal to the High Court.

David is also known for taking on and winning difficult cases relating to housing land supply. For example he acted for Horsham in the Stonegate Nurseries inquiry which established that Horsham has a 5 year housing land supply, the Colden Common inquiry for Winchester which established that the Liverpool method could be used to calculate its housing land supply and the Great Bentley appeal establishing that Tendring had a 5 year supply of housing principally because of its large unattributed population change.

David established in the Court of Appeal that proportionality is not for the Court on a local authority's decision to take direct action to clear land (Eastwood v The Royal Borough of Windsor and Maidenhead [2016] EWCA Civ 437) and is frequently called upon by clients to advise and represent them at inquiry and in Court on gypsy and traveller incursions.

He has established that timing is of particular importance when taking action in the courts to bring unlawful occupation of land to an end (Basingstoke and Deane BC v Thompson [2018] EWHC 0011 (QB) and Basingstoke and Deane BC v Eastwood and MMT [2018] EWHC 179 (QB)).

David has also been instructed extensively by the Environment Agency and the Environment Agency Wales on a number of significant inquiries relating to flooding issues, and has acted for Chelmsford Borough Council in the inquiry into the redevelopment of the Ford County Ground, Chelmsford (2010) in which permission was granted in the face of the Environment Agency's objection.

There are few areas in the planning field in which David has not acted over the last 20 years, having appeared at inquiries on as diverse areas as crematoria, air pollution and traffic. Last year David acted for Babergh at an inquiry concerning housing development in the conservation village of Boxford which established that a significantly harmful effect on highway safety amounted to an unacceptable impact for which paragraph 109 of the NPPF requires the refusal of permission.

Cases

Safety First - Highway authority criticised in 350-dwelling refusal
11.11.2019
Planning permission refused for 350 dwellings at Portchester in Hampshire. This s.78 planning inquiry related to proposed housing development beyond the built-up area boundary and across a railway line. The appeal was....

Highly vulnerable development in the functional flood plain not justified
25.10.2019

Enforcement Notice appeals dismissed and Planning permission refused at Land at Plots 3, 4 and 6/7 Cufaude Lane, Bramley, Hampshire

....

Economic benefits of housing in Long Stratton not exceptional
02.09.2019
Planning Permission refused for 52 dwellings in Long Stratton, Norfolk. This s.78 planning appeal related to proposed housing development at St Mary's Road, Long Stratton, Norfolk. The decision is of interest....

Conservation village of Boxford protected from further housing development
06.11.2018
This s.78 planning appeal related to proposed housing development in the Conservation village of Boxford. The decision is of interest because it concerns the operation of paragraph 109 of the....

Historic village of Great Bentley protected from further housing development
05.06.2018
Introduction These s.78 planning appeals (APP/P1560/W/17/318367, 3183695 and 3183626) related to proposed housing development at three sites in the historic village of Great Bentley which has the second largest village green....

Timing confirmed as critical when obtaining an injunction. Basingstoke and Deane Borough Council v Eastwood and MMT
15.02.2018
In January, David Lintott published a legal comment on the importance for local authorities of taking action before gypsies move on to land when the court comes to consider whether....

Timing is everything when obtaining an injunction preventing gypsies occupying land
22.01.2018
Basingstoke and Deane Borough Council was recently involved in a case that demonstrates the importance for local authorities of taking action before gypsies move on to the land when the....

When the Liverpool approach "should be used" to calculate 5 year housing land supply
19.04.2017
Outline Planning Permission refused for two sites at Colden Common, Hampshire David Lintott appeared for Winchester City Council and Christopher Boyle Q.C. appeared for the Appellant, Bargate Homes, in these s.78....

Enforcement action upheld on appeal in respect of two unsuitable locations for gypsy sites
22.03.2017
Appeal Refs: APP/N0410/C/15/3078099 & 3078100Land adjacent to Alderbourne Cottage (Area 1), Fulmer Lane, Fulmer,Buckinghamshire SL9 7BL Appeal Refs; and APP/N0410/C/15/3129769 & 3129770Land adjacent to Alderbourne Cottage (Area 2), Fulmer Lane, Fulmer,Buckinghamshire SL9....

Occupiers of the unauthorised traveller site at Shurlock Road, Waltham St Lawrence have left the land voluntarily
15.02.2017
In the case of Eastwood v The Royal Borough of Windsor and Maidenhead (10/05/16) [2016] EWCA Civ 437 [2016] H.L.R. 22 the Court of Appeal (Arden, Floyd, Sales LJJ) in....

The Secretary of State confirms that Horsham District Council is now able to demonstrate a 5 year housing land supply
19.12.2016
David Lintott appeared for Horsham District Council and Mark Lowe QC for the Appellant, Stonegate Nurseries, in this s.78 planning appeal called in by the Secretary of State in respect....

Neighbourhood Plan Quashed – Boundaries of the 'Soft Touch' Approach
13.10.2016
Mrs Justice Patterson gave judgment today in R. (Stonegate Homes Limited and another) v. Horsham District Council and Henfield Parish Council [2016] EWHC 2512 (Admin) to quash the Henfield Neighbourhood....

Important Grade II* Listed Building protected from urban encroachment
17.06.2016
Land East of Bury Close, Cottingham LE16 8XFAppeal Ref: APP/U2805/W/15/30005683 17/06/16 David Lintott successfully appeared for Corby District Council in this s.78 planning appeal. Christopher Young appeared for the Appellant. The....

Proportionality is not for the Court on an application for judicial review of a local planning authority's decision to take direct action
12.05.2016

Eastwood v The Royal Borough of Windsor and Maidenhead (10/05/16) [2016] EWCA Civ 437 Arden, Floyd, Sales LJJ

....

Deliberate concealment of a breach of planning control by the design of building
21.04.2016
The Old Barn, White Lodge Farm, Bulls Lane, Brookman's Park, Hatfield AL9 7AZ Ref: APP/C1950/C/14/3000358, APP/C1950/C/14/3000361 David Lintott successfully appeared for Welwyn Hatfield BC in three conjoined enforcement notice appeals before Inspector....

Chiltern District Council's Green Belt Policy with regard to agricultural buildings is consistent with the NPPF
06.01.2016
CHILTERN DISTRICT COUNCIL v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) MR FRANK LORD CO/3628/2015 (31/12/15) David Lintott successfully represented the Claimant local authority. Gwion Lewis represented the....

Crematorium not sustainable development
01.06.2015
Land adjacent The Orchard Restaurant, West Grinstead RH13 8LU Appeal Ref: APP/Z3825/A/14/2216102, 27 May 2015 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. John Hobson Q.C. appeared....

Important Decision For Design Policies Of The NPPF And NPPG
29.01.2015
Important decision on whether an acceptable scheme can be turned away in order to encourage a 'better' scheme in the light of the design policies of the National Planning Policy....

Deliberate concealment of a breach of planning control by verbal responses to questions
15.08.2014
David Lintott successfully appeared for Welwyn Hatfield BC in this application for a Planning Enforcement Order by Welwyn Hatfield BC at St Albans Magistrates Court on 15 August 2014. Richard....

Breach Of Section 66 Planning (Listed Buildings And Conservation Areas) Act 1990 Not A Trump Card Where There Is A Significant Housing Shortfall
13.06.2014
Land North of West End Lane, Henfield: APP/Z3825/A/13/2205204 Inspector RPE Mellor Date of decision: 2 June 2014 In a recent appeal decision for an urban extension of 160 homes to the north of....

Land To The North Of Melton Drive, Storrington, Pulborough, West Sussex
30.05.2014
Appeal Ref: APP/Z3825/A/13/2202943 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. Mary Cook appeared for the Appellant. The case contains a useful analysis of the way....

News

Redevelopment of the Ford County Ground, Chelmsford
14.01.2013
David acted for Chelmsford Borough Council at the inquiry into the redevelopment of the Ford County Ground, Chelmsford involving the location within the Functional Floodplain of over 400 residential units....

Costs Lawyer - Right direction

25th July 2016

David Lintott has written an article for Costs Lawyer magazine on guidance recently provided by the Court of Appeal on the destination of county court costs-only appeals. David looks at three recent applications for permission to appeal against costs orders, including Vanda Lopes v London Borough of Croydon, in which David acted for the local authority.

Planning and Environment Bar Association (PEBA)

Case: Planning and Environment

Safety First - Highway authority criticised in 350-dwelling refusal

11th November 2019

Planning permission refused for 350 dwellings at Portchester in Hampshire. This s.78 planning inquiry related to proposed housing development beyond the built-up area boundary and across a railway line. The appeal was....

Case: Planning and Environment

Highly vulnerable development in the functional flood plain not justified

25th October 2019

Enforcement Notice appeals dismissed and Planning permission refused at Land at Plots 3, 4 and 6/7 Cufaude Lane, Bramley, Hampshire

....

Case: Planning and Environment

Economic benefits of housing in Long Stratton not exceptional

2nd September 2019

Planning Permission refused for 52 dwellings in Long Stratton, Norfolk. This s.78 planning appeal related to proposed housing development at St Mary's Road, Long Stratton, Norfolk. The decision is of interest....

Case: Public Law and Judicial Review, Housing

Court of Appeal decides on power to move a homeless applicant

25th March 2019

Godson v the London Borough of Enfield [2019] EWCA Civ 486

....

Case: Public Law and Judicial Review, Planning and Environment

To delay restoration of land pending the outcome of a planning inquiry would frustrate the purpose of an injunction

22nd February 2019

Basingstoke and Deane BC v Stokes [2019] EWHC 247 (QB)

....

Case: Planning and Environment

Conservation village of Boxford protected from further housing development

6th November 2018

This s.78 planning appeal related to proposed housing development in the Conservation village of Boxford. The decision is of interest because it concerns the operation of paragraph 109 of the....

Case: Planning and Environment, Housing

Historic village of Great Bentley protected from further housing development

5th June 2018

Introduction These s.78 planning appeals (APP/P1560/W/17/318367, 3183695 and 3183626) related to proposed housing development at three sites in the historic village of Great Bentley which has the second largest village green....

News: Housing

The Editor speaks

29th March 2018

It will not surprise anybody to hear that this has been a busy period for all those involved in housing. On a personal level, that has included a successful appearance....

News: Housing

Managing Homelessness not Rock Climbing. When is Harm ‘Significant’?

29th March 2018

There are times when you are asked to do a case and the answer leaps off the page. Panayiotou v London Borough of Waltham Forest EWCA Civ 1624 [2017] H.L.R.....

Case: Planning and Environment

Timing confirmed as critical when obtaining an injunction. Basingstoke and Deane Borough Council v Eastwood and MMT

15th February 2018

In January, David Lintott published a legal comment on the importance for local authorities of taking action before gypsies move on to land when the court comes to consider whether....

Case: Planning and Environment

Timing is everything when obtaining an injunction preventing gypsies occupying land

22nd January 2018

Basingstoke and Deane Borough Council was recently involved in a case that demonstrates the importance for local authorities of taking action before gypsies move on to the land when the....

Case: Housing

When is harm "Significant"?

19th October 2017

"(1) Jesse Panayiotou v London Borough of Waltham Forest(2) Steven Smith v London Borough of Haringey[2017] EWCA Civ 162419th October 2017 Lewison, Beatson and Newey LJJ David Lintott successfully appeared for....

Case: Housing

What Does "Significantly" Mean?

11th May 2017

Panayiotou v London Borough of Waltham Forest B5/2016/1023 and Smith v London Borough of Haringey B5/2016/3856 Section 189(1) of the Housing Act 1996 identifies those who have "priority need for accommodation". In....

Case: Planning and Environment

When the Liverpool approach "should be used" to calculate 5 year housing land supply

19th April 2017

Outline Planning Permission refused for two sites at Colden Common, Hampshire David Lintott appeared for Winchester City Council and Christopher Boyle Q.C. appeared for the Appellant, Bargate Homes, in these s.78....

Case: Public Law and Judicial Review, Planning and Environment

Enforcement action upheld on appeal in respect of two unsuitable locations for gypsy sites

22nd March 2017

Appeal Refs: APP/N0410/C/15/3078099 & 3078100Land adjacent to Alderbourne Cottage (Area 1), Fulmer Lane, Fulmer,Buckinghamshire SL9 7BL Appeal Refs; and APP/N0410/C/15/3129769 & 3129770Land adjacent to Alderbourne Cottage (Area 2), Fulmer Lane, Fulmer,Buckinghamshire SL9....

Case: Public Law and Judicial Review, Planning and Environment

Occupiers of the unauthorised traveller site at Shurlock Road, Waltham St Lawrence have left the land voluntarily

15th February 2017

In the case of Eastwood v The Royal Borough of Windsor and Maidenhead (10/05/16) [2016] EWCA Civ 437 [2016] H.L.R. 22 the Court of Appeal (Arden, Floyd, Sales LJJ) in....

Case: Public Law and Judicial Review, Housing

Settling Public Law Claims: A Victory for Common Sense

18th January 2017

London Borough of Croydon v Vanda Lopes QB/2016/0172 A Judge had held that, following the compromise of an appeal brought under section 204 of the Housing Act 1996, the effect of....

Case: Public Law and Judicial Review, Planning and Environment

The Secretary of State confirms that Horsham District Council is now able to demonstrate a 5 year housing land supply

19th December 2016

David Lintott appeared for Horsham District Council and Mark Lowe QC for the Appellant, Stonegate Nurseries, in this s.78 planning appeal called in by the Secretary of State in respect....

Case: Public Law and Judicial Review, Housing

Guidance on sentencing for breaches of HMO Regulations on matters including fire safety

1st December 2016

Welwyn Hatfield v Neil Carroll: DJ Pilling sitting at St Albans Magistrates 30/11/16 David Lintott appeared for the prosecuting local authority. DJ Pilling sitting at St Albans sentenced Mr Neil Carroll....

Case: Planning and Environment

Neighbourhood Plan Quashed – Boundaries of the 'Soft Touch' Approach

13th October 2016

Mrs Justice Patterson gave judgment today in R. (Stonegate Homes Limited and another) v. Horsham District Council and Henfield Parish Council [2016] EWHC 2512 (Admin) to quash the Henfield Neighbourhood....

News: Public Law and Judicial Review

Costs Lawyer - Right direction

25th July 2016

David Lintott has written an article for Costs Lawyer magazine on guidance recently provided by the Court of Appeal on the destination of county court costs-only appeals. David looks at....

Case: Planning and Environment

Important Grade II* Listed Building protected from urban encroachment

17th June 2016

Land East of Bury Close, Cottingham LE16 8XFAppeal Ref: APP/U2805/W/15/30005683 17/06/16 David Lintott successfully appeared for Corby District Council in this s.78 planning appeal. Christopher Young appeared for the Appellant. The....

Case: Housing

Court of Appeal gives guidance on destination of County Court "costs only" appeals

26th May 2016

(1) Ian Handley and anr v Lake Jackson Solicitors (A Firm)/ (2) Vanda Lopes v London Borough of Croydon/ (3) Christie Owen & Davies Limited v Awan [2016] EWCA Civ 465

....

Case: Planning and Environment

Proportionality is not for the Court on an application for judicial review of a local planning authority's decision to take direct action

12th May 2016

Eastwood v The Royal Borough of Windsor and Maidenhead (10/05/16) [2016] EWCA Civ 437 Arden, Floyd, Sales LJJ

....

Case: Planning and Environment, Housing

Deliberate concealment of a breach of planning control by the design of building

21st April 2016

The Old Barn, White Lodge Farm, Bulls Lane, Brookman's Park, Hatfield AL9 7AZ Ref: APP/C1950/C/14/3000358, APP/C1950/C/14/3000361 David Lintott successfully appeared for Welwyn Hatfield BC in three conjoined enforcement notice appeals before Inspector....

Case: Public Law and Judicial Review, Planning and Environment

Chiltern District Council's Green Belt Policy with regard to agricultural buildings is consistent with the NPPF

6th January 2016

CHILTERN DISTRICT COUNCIL v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) MR FRANK LORD CO/3628/2015 (31/12/15) David Lintott successfully represented the Claimant local authority. Gwion Lewis represented the....

Case: Public Law and Judicial Review, Housing

Magistrates send out a message on fire safety

27th November 2015

Welwyyn Hatfield v Fasogbon: Watford Magistrates 23/11/15 David Lintott appeared for the prosecuting local authority. The Watford Magistrates Court sitting at St Albans sentenced Mr Adeyami Fasogbon for breaches of the....

Case: Planning and Environment

Crematorium not sustainable development

1st June 2015

Land adjacent The Orchard Restaurant, West Grinstead RH13 8LU Appeal Ref: APP/Z3825/A/14/2216102, 27 May 2015 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. John Hobson Q.C. appeared....

Case: Housing

Cornerstone Success In London Borough Of Enfield Housing Act Appeal

4th March 2015

The Court of Appeal holds that a relevant fact under s.191(2) of the Housing Act 1996 had to be an existing fact and could not be a belief in the....

Case: Housing

Cornerstone Success In London Borough Of Croydon "Zambrano Carers" Appeal

12th February 2015

David Lintott of Cornerstone Barristers successfully appeared for the Respondent local authority, the London Borough of Croydon, in the 2nd of four linked appeals dealing with "Zambrano carers". The Court....

Case: Planning and Environment

Important Decision For Design Policies Of The NPPF And NPPG

29th January 2015

Important decision on whether an acceptable scheme can be turned away in order to encourage a 'better' scheme in the light of the design policies of the National Planning Policy....

Case: Planning and Environment

Deliberate concealment of a breach of planning control by verbal responses to questions

15th August 2014

David Lintott successfully appeared for Welwyn Hatfield BC in this application for a Planning Enforcement Order by Welwyn Hatfield BC at St Albans Magistrates Court on 15 August 2014. Richard....

Case: Planning and Environment

Breach Of Section 66 Planning (Listed Buildings And Conservation Areas) Act 1990 Not A Trump Card Where There Is A Significant Housing Shortfall

13th June 2014

Land North of West End Lane, Henfield: APP/Z3825/A/13/2205204 Inspector RPE Mellor Date of decision: 2 June 2014 In a recent appeal decision for an urban extension of 160 homes to the north of....

Case: Planning and Environment

Land To The North Of Melton Drive, Storrington, Pulborough, West Sussex

30th May 2014

Appeal Ref: APP/Z3825/A/13/2202943 David Lintott successfully appeared for Horsham District Council in this s.78 planning appeal. Mary Cook appeared for the Appellant. The case contains a useful analysis of the way....

Case: Housing

London Borough Of Wandsworth V NJ [2013] EWCA Civ. 1373

19th November 2013

7th November, 2013 Lewison, Kitchin, Gloster LJJ David Lintott successfully appeared for the Appellant local authority. The Court of Appeal has allowed the Appellant's appeal and held that the occupation in....

Case: Housing

Falis Ibrahim v London Borough of Wandsworth [2013] EWCA Civ. 20

2nd February 2013

David Lintott successfully appeared for the Respondent local authority. The Court of Appeal has dismissed the Appellant's appeal and held that the Respondent local authority had not acted in breach of Regulation 8(2) of the Homelessness Regulations.

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News: Planning and Environment

Redevelopment of the Ford County Ground, Chelmsford

14th January 2013

David acted for Chelmsford Borough Council at the inquiry into the redevelopment of the Ford County Ground, Chelmsford involving the location within the Functional Floodplain of over 400 residential units....

Case: Housing

Chaoui El Goure V Royal Borough Of Kensington And Chelsea [2012] EWCA Civ 670 CA

18th May 2012

David appeared successfully for the Royal Borough of Kensington and Chelsea before the Court of Appeal. In this important case dealing with the modern approach to statutory interpretation Mummery L.J.....

Case: Housing

Siveter v Wandsworth LBC [2012] (CA) H.L.R. 26

16th February 2012

David acted for Wandsworth LBC in this case relating to a local authority's duties and liabilities in relation to treating pests found to be present in its housing stock. View....

Case: Housing

Bubb V Wandsworth LBC [2011] EWCA Civ 1285

9th November 2011

David appeared successfully for Wandsworth and was led by Andrew Arden in the Court of Appeal. In a case of significance for all housing practitioners, Lord Neuberger M.R. (giving the....

Case: Housing

Dragic V Wandsworth [2011]

10th February 2011

Dragic v Wandsworth London Borough CouncilThursday, February 10, 2011 High Court (QBD), January 21, 2011 Michael Supperstone QC, sitting as a Deputy Judge The High Court has held that a review decision under....

Case: Housing

Watson V The London Borough Of Wandsworth [2010] B5/2009/2427 12/10/10 (Mummery, Etherton And Sullivan LJJ)

1st January 2010

Successful homelessness appeal in which it was held that the Recorder at first instance had wrongfully found the Council's decision under s.202 of the Housing Act 1996 that property was....