Expertise

• Planning and Environment
  • Overview
  • Cases
  • News

  Emma regularly advises and represents clients in planning matters. Her experience spans the full range of planning work, from residential schemes through to road infrastructure, solar farms, commercial developments, changes of use and enforcement. She acts for local planning authorities, developers and residents’ associations. She enjoys working as part of a team to prepare and deliver a strong case. She also regularly provides advice on strategy, both for developers wishing to promote schemes and local authorities determining applications.

  Examples of recent planning appeals include:

  • Land North of New Road, Shillingford – Acting for LPA in respect of proposed development of 90 houses on land which had recently been re-designated into flood zone 1; significant flooding objections remaining covering surface water, ground water, climate change impacts, residual risk and also drainage design. Appeal withdrawn 2 days before inquiry commenced.
  • HIF1 – Acting for LPA as supporting Rule 6 party in a called-in inquiry into new cross-boundary road infrastructure project, necessary to deliver large strategic allocations in the South Oxfordshire development plan.
  • Scotland Park, Haslemere – Acting for LPA in inquiry into proposed development of 110 homes in the Surrey Hills AONB.
  • Hester’s Yard, Guildford – Acting for developer to promote green belt housing scheme, significant legal arguments about approach to calculation of 5YHLS and treatment of brownfield land under the NPPF.
  • Titchfield Festival Theatre, Fareham – Acting for LPA in complex enforcement appeal concerning a 436-seat theatre built without planning permission. Technical issues around change in the planning unit, fallback schemes.
  • Albion Road, Maidstone – Acting for LPA in respect of outline application to develop site which had been allocated in the local plan.
  • Land E of Thame Rd, Chinnor – Acting for LPA to defend edge of settlement scheme of up to 150 houses, issues relating to landscape, highways, flood risk.
  • Land E of M25, Dartford – Acting for LPA in inquiry relating to travelling showperson’s site in the Green Belt; long running case which had previously involved injunctive proceedings and service of an enforcement notice.
  • Waverley Lane, Farnham – Acting for LPA in inquiry into outline application for 146 houses and SANG (main issues relate to location of development and landscape impact).
  • Lower Weybourne Lane, Farnham – Acting for LPA in 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, Benfleet – Acting for developer in inquiry into housing/commercial/industrial scheme adjacent to waste site (main issues relating to green belt and noise).
  • Former Esso Research Station, Abingdon – Acting for LPA in 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 – Acting for LPA in an 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 – Acting for Historic England as opposing Rule 6 party in an 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 – Acting for developer in an enforcement inquiry relating to unauthorised dwellings, raising technical legal issues arising from the judgment in Welwyn Hatfield BC v SSCLG [2011] 2 AC 304.
  • Long Green Cressing, Braintree – Acting for LPA in an 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 advises and represents clients on the preparation and examination of, and objections to, development plans. Her local plan experience includes:

  • Acting for South Oxfordshire and Vale of White Horse District Councils to successfully object to Oxford City Council’s local plan, on the basis of duty to cooperate failures and that the proposed housing requirement was not sound.
  • Advising and representing South Oxfordshire and Vale of White Horse District Councils on the preparation and examination of their own joint local plan (with Michael Bedford KC).
  • Attending examinations on behalf of developers to make representations in respect of the Canterbury and Swale local plans.
  • Advising Suffolk Coastal DC (now part of East Suffolk) on Habitats Regulations elements of their local plan.

  Emma is frequently instructed to either pursue or defend High Court challenges relating to decisions of Planning Inspectors and local planning authorities. Many such cases are resolved without a full hearing, and Emma has a good track record of securing consent orders on behalf of aggrieved claimants.

  Recent cases include:

  CPRE (Kent) v SSCLG AC-2024-LON-004265 – Acting for CPRE to challenge the Secretary of State’s decision to grant permission for development in the High Weald National Landscape at Turnden, Cranbrook (the decision of the previous SoS Michael Gove having been quashed by consent).

  Bewley Homes PLC v SSLUHC [2024] EWHC 1166 (Admin) – Appearing for LPA to support the Secretary of State’s decision to refuse planning permission for a housing scheme in Farnham. Challenge was focussed on the correct interpretation of what is now para 85 NPPF (“Significant weight should be placed on the need to support economic growth and productivity…”) and how the Inspector had applied it. Judgment in favour of the Defendant, upholding the Inspector’s approach.

  Gaymer v SSLUHC CO/2485/2023 & CO/2487/2023 – Appearing for the Claimant to challenge an Inspector’s decision to refuse planning permission and uphold an enforcement notice relating to the conversion of a redundant farm building into a commercial storage unit. Grounds focussed on the correct interpretation of Class R of the GPDO. Resolved by the Secretary of State consenting to judgment after permission was granted.

  South Oxfordshire DC v SSLUHC AC-2024-LON-000864 – Acting for the Claimant LPA in a challenge to an Inspector’s decision to grant permission for a new dwelling in the garden of an existing home. Grounds relating to the correct interpretation of neighbourhood plan policy. Claim did not proceed due to defect in service.

  Lazari Properties 2 Ltd v SSLUHC [2023] EWHC 2026 (Admin) – acting for Secretary of State in respect of an Inspector’s decision to refuse a certificate of proposed lawful development. The case concerned the interpretation of a condition which imposed floorspace limitations, in order to preserve the primary retail character of the Brunswick Centre. Secretary of State did not participate in substantive hearing, having successfully argued that the outcome would have been the same in any event for other reasons at the permission hearing.

  Gladman Developments Ltd V SSLUHC CO/2094/2023 – Acting for Secretary of State to resist a challenge to an Inspector’s decision to refuse planning permission for a residential scheme on the edge of Chalgrove, Oxfordshire. Permission refused.

  Woodcote Estates Ltd v SSLUHC – CO/5/2023 – Acting for Secretary of State in challenge against Inspector’s decision to refuse prior approval for an upwards extension. The challenge concerned the correct interpretation of Class AA of the GPDO. Resolved via a consent order.

  Hance v SSLUHC CO/1778/2023 – Acted for Secretary of State in a challenge to an Inspectors decision to refuse retrospective permission for an agricultural building and agricultural worker’s dwelling in the Cotswolds AONB. Permission to proceed to a substantive hearing was refused, the Claimant having failed to serve the claim within the statutory time limit.

  Parton v SSLUHC – CO/4151/2022 – Acting for Claimants to challenge an Inspector’s decision to refuse permission to build a dwelling on the site of a derelict aviary in the Green Belt but within a settlement. Argument based on the Inspector’s treatment of the exception in what is now para 154(g) NPPF. Resolved by Secretary of State consenting to judgment. Subsequently advised clients on redetermination, resulting in planning permission being obtained.

  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. Judgment for the Secretary of State, upholding the Inspector’s approach.

  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 to properly consider the application on its merits as a partly retrospective proposal. Judgment for the Secretary of State, upholding the LPA’s decision.

  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 occupiers Art 8 rights.

  • Secretary of State refuses 49.9MW solar farm in the Green Belt15 Apr 2024
  • Emmaline Lambert and Emma Dring advocate for critical highways infrastructure at Inquiry22 Feb 2024
  • Secretary of State refuses consent for London Bridge tall buildings scheme due to heritage harm to assets “of the highest significance”22 Sep 2023
  • 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

  • Secretary of State refuses 49.9MW solar farm in the Green Belt15 Apr 2024
  • 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
  • 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
• Public Law and Judicial Review
  • Overview
  • Cases
  • News

  Emma Dring has a particular interest in administrative law and judicial reviews. She is on the Attorney General’s B 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.

  • Secretary of State rejects plans for up to 1600 dwellings in Braintree, NPPF para 170 on valued landscapes is considered12 Jul 2019
  • Local Development Orders01 Jan 2018
  • R(Powell) V Brighton Marina Company Ltd & Ors01 Jan 2018
  • North Dorset District Council v Trim [2010] EWCA Civ 144601 Jan 2018

  • 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
  • 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
  • Overview

  Emma Dring 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
  • Overview
  • News

  Emma Dring 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.

  • Cornerstone Housing Newsletter – August 201601 Jan 2018