Emma has a busy public law practice focussed on planning, environmental and local government matters. She regularly appears to represent clients in public inquiries and in the higher courts and is on the Attorney General’s panel of counsel.
Expertise
- Planning and Environment
Emma regularly advises and represents clients in planning matters. She acts for local planning authorities, developers and residents’ associations.
She has particular expertise in cases raising heritage issues, having represented Historic England in a number of significant cases over the years.
Examples of recent planning appeals include:
- Waverley Lane, Farnham – Inquiry into outline application for 146 houses and SANG (main issues relate to location of development and landscape impact)
- Lower Weybourne Lane, Farnham – Inquiry into revised outline proposal for 140 houses in gap between settlements (main issues relating to landscape/visual impact and neighbourhood plan policy)
- Land E of Manor Trading Estate – Inquiry into housing/commercial/industrial scheme adjacent to waste site (main issues relating to green belt and noise)
- Former Esso Research Station, Vale of White Horse – Inquiry into proposal for a 33,000sqm distribution facility in Oxfordshire (main issues relating to landscape/visual impact and noise)
- Land N of Butterfly Lane, Hertsmere – Inquiry into proposal for 49.9MW solar farm in the Hertfordshire Green Belt, recovered by the Secretary of State (main issues relating to green belt, heritage, renewable energy)
- New City Court, LB Southwark – Inquiry into two alternative tall building proposals (37 and 26 storey) near London Bridge Station, recovered by the Secretary of State (main issues relating to heritage/design)
- Land SW of Racton View, Chichester – Enforcement inquiry relating to unauthorised dwellings, raising technical legal issues arising from Welwyn Hatfield BC v SSCLG [2011] 2 AC 304
- Lower Weybourne Lane, Farnham – Inquiry into proposal for 140 houses in gap between settlements (main issues relating to landscape/visual impact and neighbourhood plan policy)
- Long Green Cressing, Braintree – Inquiry into proposal for 250 homes outside settlement boundaries next to a waste transfer station and in a settlement gap (main issues relating to noise, odour, landscape/visual impact, neighbourhood plan policy)
Emma also appears in the High Court both challenging and defending the decisions of Planning Inspectors under s. 288 and 289 TCPA 1990.
Notable cases which have proceeded to a substantive judgment include:
Bansal v SSHCLG [2021] EWHC 1604 (Admin) – appearing for the Secretary of State in a challenge to an inspector’s decision to uphold an enforcement notice regarding the conversion of a property into two self-contained flats, concerning the Inspector’s approach to requiring the four year rule to be satisfied in respect of both flats.
Hackney LBC v SSCLG [2018] EWHC 2174 (Admin) – appearing for the Secretary of State in a challenge to a decision to refuse planning permission for an extension, concerning a failure properly to consider the application on its merits as a partly retrospective proposal.
Catesby Estates Ltd v Steer [2018] EWCA Civ 1697 – appeared for Historic England in the leading case on development affecting the setting of a heritage asset.
R (Hayes) v York CC [2017] EWHC 1374 (Admin) – appeared for English Heritage in a case involving the interpretation of the heritage chapter of the NPPF.
No Adastral New Town v Suffolk Coastal BC [2015] EWCA Civ 88 – appeared (with Paul Shadarevian KC) in a case concerning the effect of the Habitats Directive on local plans, in particular the question whether later iterations of a HRA can cure deficiencies at earlier stages.
Mobile homes
Emma also has significant experience in matters relating to the regulation of mobile homes. She has appeared in planning inquiries relating to mobile homes, has acted in appeals against decisions under the ‘fit and proper person’ requirement and is instructed as junior counsel to represent the Secretary of State as a second defendant in a possession claim which has been transferred to the High Court to determine whether the effect of the Mobile Homes Act 1983 is compatible with the occupier’s Art 8 rights.
- Bramshill: the NPPF, isolated homes in the countryside, and the assessment of harms and benefits to heritage assets11 Mar 2021
- Secretary of State rejects plans for up to 1600 dwellings in Braintree, NPPF para 170 on valued landscapes is considered12 Jul 2019
- Court of Appeal confirms broad approach to setting of heritage assets19 Jul 2018
- Allotment status clarified01 Jan 2018
- Local Development Orders01 Jan 2018
- Duffield Meadows Village Green Inquiry01 Jan 2018
- Appeal against enforcement notice issued by Harrow LBC01 Jan 2018
- R. (on the application of 007 Stratford Taxis Ltd) v Stratford on Avon DC [2011] EWCA Civ 16001 Jan 2018
- Wills Grove Definitive Map Modification Order01 Jan 2018
- Cornerstone Barristers In First Local Plan Challenge To Reach The Court Of Appeal01 Jan 2018
- Cala Homes (South) Ltd v Secretary of State for CLG [2010] EWHC 3278 (Admin).01 Jan 2018
- Suffolk Coastal DC’s Core Strategy Upheld By High Court01 Jan 2018
- Commons inquiry for Rochdale, Rossendale and Calderdale councils [2010]01 Jan 2018
- R (007 Ltd) v Stratford-upon-Avon DC [2010] EWHC Admin 134401 Jan 2018
- Fatal Blow Dealt To Battle Claim01 Jan 2018
- Court gives ‘decisive’ judgment on the interpretation of para 141 NPPF01 Jan 2018
- Planning Court endorses broad approach to ‘setting’.01 Jan 2018
- No scope for an overall assessment of sustainability unless within paragraph 14 of the framework – Barker Mills confirmed01 Jan 2018
- Cornerstone Planning Day 2021 – Tickets available20 Sep 2021
- Cornerstone Quarterly Development – Special Edition13 Aug 2020
- Moving towards zoning in the UK?06 May 2020
- Planning for the Future – 5 Key Points for Planners12 Mar 2020
- Mitigation measures must be IGNORED when carrying out screening assessments under the Habitats Directive18 May 2018
- Court of Appeal: Refusal of permission on the papers really is the end of the road30 Apr 2018
- Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 201601 Jan 2018
- Planning Court opens for business on Monday 7th April01 Jan 2018
- Court of Appeal fails to clarify green belt policy01 Jan 2018
- Parliament set to amend tenancy deposit scheme?01 Jan 2018
- Cornerstone Annual Planning Day01 Jan 2018
- Cornerstone on the Planning Court29 Oct 2015
- Housing
Emma has wide experience of housing law, and has regularly been instructed on behalf of local authorities and private registered providers since joining chambers in 2010. She gives practical and realistic advice on strategy and evidence, based on her experience of running cases through to trial.
Emma’s practice includes:
- All types of possession proceedings, including some of the less frequently encountered grounds (such as obtaining tenancy by deception and landlord’s works);
- Human Rights Act and Equality Act and other public law defences;
- Civil injunctions and committal proceedings;
- Disrepair (claims and counter-claims);
- Homelessness appeals (s. 204 and s. 204A) and judicial reviews challenging decisions on interim accommodation;
- Advising on the drafting of policies and tenancy agreements;
- Advising on social security and council tax issues.
Emma regularly delivers training and seminars on housing issues.
- Licensing
Emma regularly appears before local authority sub-committees and in magistrates’ court appeals in respect of applications and reviews under the Licensing Act 2003 and in taxi licensing applications, suspensions and revocations. She acts on all sides of the debate, appearing for licensing authorities, other authorities including the metropolitan Police and licence holders/applicants.
Emma has also acted as a legal advisor to local authority sub-committees on applications under the 2003 Act as well as in taxi licensing cases, and regularly delivers training and seminars on licensing issues, including training for members of licensing sub-committees and seminars organised through the IoL.
Emma has acted for the Gambling Commission in hearings before the Commission, as well as providing advice to the Commission. She has trained local authorities on the 2005 Act.
Emma focusses on providing a practical approach, with an emphasis on solving problems. Examples of her practice include:
- Defending a three-day appeal against the refusal to grant a licence variation which would have allowed McDonalds to operate additional hours in the 7 Dials cumulative impact area;
- An appeal against revocation of a combined taxi drivers’ licence following two incidents of assault;
- Various summary reviews and full license reviews for the Metropolitan Police;
- A three-day appeal against the revocation of a premises licence following numerous incidents of noise nuisance and breaches of condition;
- An appeal on behalf of a nightclub owner against conditions imposed on his premises licence.
- Public Law and Judicial Review
Emma has a particular interest in administrative law and judicial reviews. She is on the Attorney-General’s C panel of counsel to the Crown, and is regularly instructed in judicial review matters in that capacity. She also acts for local authorities and other public bodies (such as Historic England) and for individuals (particularly in planning matters).
Emma advises and represents clients through all stages of the judicial review procedure, from pre-action correspondence through to final substantive hearings and post-hearing matters such as costs and, if necessary, the re-making of the decision which was challenged. She is particularly interested in judicial reviews arising in connection with all types of consultation carried out by local authorities, and has delivered dedicated training to local authorities on this particular issue.
Emma has particular experience in judicial reviews connected with housing and homelessness, having recently acted in a number of challenges to decisions about temporary accommodation for homeless applicants, a judicial review of an allocation policy, and two judicial reviews brought against registered providers of social housing which raised interesting issues about the Court’s jurisdiction.
Emma also regularly advises and represents clients – including the Secretary of State for Communities and Local Government – in judicial reviews and statutory appeals against planning decisions. She is able to bring her wider experience of the planning system to bear in such cases.
Local authority governance and services
Emma regularly advises and represents local authorities in a wide range of matters, including housing, planning, licensing, property and regulatory crime and is familiar with the particular demands and challenges they face.She has particular experience in dealing with issues around the interpretation and application of local authority constitutions, executive arrangements and schemes of delegation.
Other areas of practice include:
- Local government finance, including non-domestic rating and retention of rates;
- Elections law (Emma authors a Westlaw Insight section on local government elections and has advised in relation to police and crime commissioner elections);
- Information law (including data protection, FOI and environmental information).
Emma contributed to Cornerstone on Councillor’s Conduct and is able to offer advice at short notice on governance and constitutional issues arising in connection with committees and sub-committees.
- Court of Appeal: Refusal of permission on the papers really is the end of the road30 Apr 2018
- Cornerstone Housing Newsletter – August 201601 Jan 2018
- Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 201601 Jan 2018
- Parliamentary Inquiry into Prostitution01 Jan 2018
- Cornerstone Housing Newsletter – February 201601 Jan 2018
- Emma Dring of Cornerstone Barristers appointed to Attorney General Panel of Counsel01 Jan 2018
- R (MN, KN) v LB Hackney: Drawing adverse inferences as to need, and doubting KA) v Essex County Council01 Jan 2018
- Commercial and Regulatory
Emma has developed significant expertise in the area of regulatory crime. She prosecutes on behalf of local authorities in the magistrates’ court and Crown Court. She has undertaken a number of jury trials. She combines experience of criminal procedures and practice with her wider knowledge and experience of local government law and administration to offer a comprehensive service to clients.
Emma is particularly experienced in dealing with preliminary legal arguments which raise issues of statutory interpretation and public law matters, including abuse of process and matters concerning the court’s jurisdiction to entertain particular arguments or defences.
Emma has represented local authorities in the following types of case:
- Fraud (housing benefit, council tax benefit, blue badges);
- Food safety and hygiene;
- New Roads and Street Works Act 1991;
- Housing Act 2004 (HMO licensing, breaches of improvement notices etc.);
- Unlawful eviction and harassment (Protection from Eviction Act 1977)
- Breaches of planning control;
- Nuisance abatement (both prosecuting breaches of abatement notices and defending private proceedings brought against landlords);
- Education Act 1996;
- Littering and dog fouling.
- Property
Emma has experience of a wide variety of property matters and frequently advises private clients as well as public bodies. Areas of practice include:
- Public rights of way and easements;
- Allotments (Emma appeared for a group of allotment holders in one of the few allotment cases to reach the higher courts, Snelling v Burstow Parish Council)
- Interpretation of leases and enforcement of leasehold covenants;
- Service charges;
- Forfeiture;
- Claims for new commercial tenancies.
Emma also has a substantial landlord and tenant practice in the social housing field, as well as having significant experience of planning and local government law which she can draw upon where necessary in cases which are primarily about real property.
About Emma
- Directory Quotes
- Planning – “Emma Dring is a rising star whose remit includes wider public and administrative law, in addition to her established planning practice. She is particularly focused on cases where the planning, housing and licensing practice areas interface. Dring is appointed to the Attorney General’s C Panel and has significant expertise in heritage matters.” Strengths: “She is able to marshal complex arguments and explain her position with great clarity.” Recent work: Acted for Braintree District Council in a planning inquiry concerning a proposal for up to 250 dwellings immediately adjacent to a waste transfer station. Chambers and Partners 2022
- Planning – “Very hardworking with an excellent legal brain. Quick to get to the heart of a case and tenacious. A real star at the planning bar.” Legal 500 2022
- Planning – “A rising star whose remit includes wider public and administrative law, in addition to her established planning practice. She is particularly focused on cases where the planning, housing and licensing practice areas interface. Dring is appointed to the Attorney General’s C Panel and has significant expertise in heritage matters. Strengths: “She consistently sees the wood for the trees and gives an exceptionally sound legal analysis and approach to contentious matters.” Chambers and Partners 2021
- “She is an exceptionally able lawyer who is able to cogently summarise complicated facts.” “Emma has excellent attention to detail and can cover the research for a case very quickly.” Chambers and Partners 2020
- “She is very talented, very tenacious and a great advocate.” “She has a very engaging manner, listens to what you say and takes everything on board.” Chambers and Partners 2019
- “Her handling of experts and cross-examination in court was great, and her written work was terrific.” “Very good at dealing with the facts, she’s unflappable and on top of the brief at all times.” Chambers and Partners 2018
- “She’s always meticulously prepared, and she’s got a clear understanding of the issues involved without needing too much instruction. She clearly and succinctly gets the points across and she’s unflappable.” Chambers and Partners 2018
- Services
Emma regularly delivers training to local authority members, lawyers and officers on a range of practice areas. She aims to do so in an approachable and engaging manner, encouraging interaction and dialogue where possible.
She regularly delivers seminars and talks at events run by Chambers and national organisations (such as the IoL and RTPI).
Emma has spoken at the annual Local Government Training Partnership events in Bristol and Southampton, organised by Veale Wasborough Vizards, for the last few years.
- Associations
- Institute of Licensing
- Planning and Environmental Bar Association
- Administrative Law Bar Association
- Social Housing Law Association
- Publications
- Notable Cases
