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Philip Kolvin

Ian Albutt

Called
1981
Telephone
020 7242 4986
CV
Email

lan was called to the Bar in 1981. His practice encompasses all aspects of planning, administrative, environmental and local government law.

He has wide experience of planning inquiries and regularly appears in the High Court in planning and public law matters.

lan was called to the Bar in 1981. His practice encompasses all aspects of planning, administrative, environmental and local government law.

He has wide experience of planning inquiries and regularly appears in the High Court in planning and public law matters. His specialist areas also encompass CPO and listed building issues. He has acted for many county and local authorities. He has a specialist practice in tourism and holiday park development and licensing.

He has advised and is retained by many of the major tourism and holiday companies on development issues regarding existing and new sites throughout England and Wales. He accepts licensed access and public access instructions .

He acts on behalf of private companies and individuals as well as local authorities, associations and residents' groups. He acts for a wide range of clients and is recognised as an expert in the field of planning and local government. This also includes all land use, hospitality and leisure related schemes at all stages of the legal and administrative process. He is happy to provide detailed legal advice prior to development taking place as well as applications currently under consideration. Ian has advised on many occasions on applications for certificates of lawful use, section 106 agreements both in conference and in written advices. This includes a wide range of business sectors and government. He is approachable and knowledgeable.

He is ranked as a legal junior in the Legal 500 2015 as "Experienced in planning inquiries."

"Highly experienced in planning inquiries." - Legal 500 2016

Overview

Ian has worked on a wide range of contentious and non-contentious matters involving planning and environmental law, practice and procedure.

He has direct experience of taking development projects through the planning process from conception to completion including providing strategic, legal and tactical advice, preparing and submitting planning applications and appeals including the drafting of supporting statements and correspondence, and representing clients in meetings and at inquiries and before the courts at all levels.

Ian has an extensive knowledge of site licensing (caravan parks, permanent holiday dwellings, chalets, mobile homes, mobile home park developments and leisure developments) and leisure policy and has advised over 30 authorities on their licensing policies. He has also advised over 80 leisure development companies on all matters relating to the administration of sites both in a planning context and otherwise. He can give guidance on policies relating to leisure parks.

Ian is also a highly regarded in the area of strategic planning for future development of hospitality and leisure sites.

His experience includes:
• Section 78 appeals, call-in and enforcement notice inquiries and hearings
• Development plan examinations
• Lawful development certificate applications and appeals
• Town and village greens
• Utilities and infrastructure
• Highways
• Compulsory purchase orders and compensation claims
• Listed buildings and conservation areas
• Judicial review and statutory challenges
• Regeneration

The following are examples of some of recent matters in which Ian has advised and led the development/legal team.

  • Hazeley Combe Isle of Wight Hearing appearing for the successful developer on to co-joined appeals relating to 90 houses
  • Quay West Ceredigion Inquiry appearing for the successful developer Bourne Leisure in relation to extensive holiday unit development
  • Rode Heath Wood appearing for the successful developer on a section 73 appeal relating to holiday and leisure accommodation
  • St David's Holiday Park Anglesey Inquiry for the successful developer of an extensive site proposed for touring accommodation

Compulsory Purchase and Compensation

  • Middlesbrough Borough Council CPO 1 & 2 (2015) appearing for the successful acquiring authority relating to 25 ha of housing land
  • Bank Farm Horton Lands Chamber (2015) appearing for the claimant in relation to compensation for removal of permitted development rights relating to holiday and leisure accommodation
  • Panayi v L B Islington [2015] Confiscation Procedure arising out of a breach of an enforcement notice

Environment

  • Fulcrum Pipelines Ltd v Lambeth Borough Council (Highway , New Roads and Street Works Act 1991 fixed penalty notices and overrun penalties
  • Rebba Construction v Denbighshire County Council (Public Inquiry for the successful appellant, recreational and holiday accommodation
  • Orchard Way East Malling (Provision of Gypsy and Traveller Accommodation Public Inquiry) enforcement notice appeals
  • Woodford Old Lane Kent (gypsy and traveller accommodation Inquiry)
  • Graig Wen (public access) recreational and holiday development public inquiry for the successful appellant. Enforcement notice appeals
  • Wyldecrest Ltd development of mobile home accommodation
  • Symondstone Holiday Park successful application for a certificate of lawful use relating to existing and proposed development

Cases

Kettering Borough Council v KP and PG [2016]
01.03.2016
Kettering Borough Council v KP and PG [2016] subject to reporting restrictions. Gypsy and Traveller accommodation, injunctions, committal and best interests of the child....

Late challenge to a planning permission; discontinuance and compensation
25.02.2011
Late challenge to a planning permission; discontinuance and compensation Thursday, February 25, 2010 R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) ...read....

Corus UK Ltd. (t/a Orb Electrical Steels), R (on the application of) v Newport City Council [2010] EWHC 1279 (Admin) (09 June 2010)
01.01.2010
From England and Wales High Court (Administrative Court) Decisions See full text of case....

Feather v Cheshire East Borough Council [2010] EWHC 250 (Admin) (17 February 2010)
01.01.2010
From England and Wales High Court (Administrative Court) Decisions See full text of case....

Tata Steel UK Ltd v Newport City Council [2010] EWCA Civ 1626 (23 November 2010)
01.01.2010
From England and Wales Court of Appeal (Civil Division) Decisions See full text of case....

Chambers & Anor v Guildford Borough Council [2008] EWHC 826 (QB) (22 April 2008)
01.01.2008
[2008] JPL 1459, [2008] NPC 54; From England and Wales High Court (Queen's Bench Division) Decisions See full text of case....

Overview

Ian acts for a wide variety of public bodies and has developed some specific areas of expertise. The following are examples of some of recent matters in which Ian has advised and led the development/legal team.

  • R (on the application of Berky) v Newport City Council [2012] EWCA Civ 378 (requirements for planning permission including environmental impact assessments and screening opinions)
  • R (on the application of Corus UK Ltd (Tata Steel UK Ltd) v Newport City Council [2010] EWCA Civ 1626 (quashing planning permission , unlawfulness and prejudice)
  • Kettering Borough Council v KP and PG [2016] subject to reporting restrictions. Gypsy and Traveller accommodation, injunctions, committal and best interests of the child

Local Authority Governance and Services
Gypsy Lane Irchester (advising Northamptonshire County Council regarding procurement and sale process at best value of a gypsy and traveller site.

Cases

Kettering Borough Council v KP and PG [2016]
01.03.2016
Kettering Borough Council v KP and PG [2016] subject to reporting restrictions. Gypsy and Traveller accommodation, injunctions, committal and best interests of the child....

Overview

The following are examples of some of recent matters in which Ian has advised and led the development/legal team.

  • Hazeley Combe Isle of Wight Hearing appearing for the successful developer on to co-joined appeals relating to 90 houses
  • Quay West Ceredigion Inquiry appearing for the successful developer Bourne Leisure in relation to extensive holiday unit development
  • Rode Heath Wood appearing for the successful developer on a section 73 appeal relating to holiday and leisure accommodation
  • St David's Holiday Park Anglesey Inquiry for the successful developer of an extensive site proposed for touring accommodation

Ian is a member of the Planning and Environment Bar Association.

Case

Kettering Borough Council v KP and PG [2016]

1st March 2016

Kettering Borough Council v KP and PG [2016] subject to reporting restrictions. Gypsy and Traveller accommodation, injunctions, committal and best interests of the child....

Case

Late challenge to a planning permission; discontinuance and compensation

25th February 2011

Late challenge to a planning permission; discontinuance and compensation Thursday, February 25, 2010 R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) ...read....

Case

Corus UK Ltd. (t/a Orb Electrical Steels), R (on the application of) v Newport City Council [2010] EWHC 1279 (Admin) (09 June 2010)

1st January 2010

From England and Wales High Court (Administrative Court) Decisions See full text of case....

Case

Feather v Cheshire East Borough Council [2010] EWHC 250 (Admin) (17 February 2010)

1st January 2010

From England and Wales High Court (Administrative Court) Decisions See full text of case....

Case

Tata Steel UK Ltd v Newport City Council [2010] EWCA Civ 1626 (23 November 2010)

1st January 2010

From England and Wales Court of Appeal (Civil Division) Decisions See full text of case....

Case

Chambers & Anor v Guildford Borough Council [2008] EWHC 826 (QB) (22 April 2008)

1st January 2008

[2008] JPL 1459, [2008] NPC 54; From England and Wales High Court (Queen's Bench Division) Decisions See full text of case....