020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Jack specialises in administrative and public law, planning and environment and property.
He also has expertise in a range of related areas including commercial, local authority governance & services, licensing, and housing.
He is described as having "a substantial reputation due to his robust appearances in the High Court" and "an encyclopedic knowledge of his cases which is staggering to behold" as well as being "user friendly" "approachable" and "easy to work with."
Jack specialises in administrative and public law, planning and environment and property law and has expertise in a range of related areas including commercial, local authority governance & services, licensing and housing law.
He advises and acts on behalf of public authorities, developers, private organisations and individuals. He can also receive instructions directly from members of the public.
He is described as having "a substantial reputation due to his robust appearances in the High Court" and "an encyclopedic knowledge of his cases which is staggering to behold" as well as being "user friendly" "approachable" and "easy to work with."
He appears regularly in the High Court, County Court and at planning inquiries and has appeared in many other courts and tribunals (including the Court of Appeal and the Supreme Court).
Planning - "Possesses a substantial reputation due to his robust appearances in the High Court on a range of planning matters, including town and country concerns and local neighbourhood plans. He represents LPAs, individuals and businesses. Strengths: "He has an encyclopedic knowledge of his cases which is staggering to behold and he puts his case across in a robust and concise manner which puts the witness at ease." "He is very user-friendly and provides excellent advice." Chambers and Partners 2021
"Jack is a very impressive advocate with a clear understanding of his case which comes through expertly in submissions. Thorough understanding of planning law. Very approachable and easy to work with. His calm and confident persona puts clients at ease and manages to produce the results required! Definitely my barrister of choice!" Legal 500 2021
"Jack is an excellent advocate who provides thorough, practical advice. He is very approachable, accessible and pragmatic in his approach." "He has good in-depth knowledge of the key planning issues and is able to cut through complexities to the main issues." Chambers and Partners 2020
"Diligent and capable, he strikes up a good relationship with the court". The Legal 500 2020
"He gives clear, objective and balanced advice and is helpful strategically and procedurally." "He is very responsive and considers wider strategy and risk. He is a strong advocate and very pleasant to work with." Chambers and Partners 2019
"Passionate, and exceptionally bright, he always made time to discuss matters." The Legal 500 2018
"He has a winning combination of approachability and intensity which makes his participation in discussions very valuable. He is a man of incisive judgement." Chambers and Partners 2018
Jack is experienced in all aspects of planning and compulsory purchase law and appears regularly at planning inquiries and in the High Court in judicial review, statutory appeal and injunctive proceedings.
Jack's work spans the full range of sectors and recent significant instructions have included planning inquiries in respect of fracking, an energy from waste incinerator, a flour mill, a ferry terminal and a variety of housing developments.
High Court appearances have related to the interpretation of planning permissions, conditions, consultation, green belt, heritage, appropriate assessment, EIA, s106 Agreements and Neighbourhood Plans.
Recent and ongoing cases include:
Jack acts and advises in a wide range of administrative and public law matters and appears regularly in the High Court in judicial review claims and other courts and Tribunals in relation to related public and administrative law proceedings.
Jack has particular expertise in public law issues which arise out of planning, housing and homelessness and local authority governance. He is able to provide advice, review pleadings and witness statements and act on behalf of claimants and public authorities at short notice.
Recent cases raising public law issues of interest in which Jack has acted include:
Local authority governance and services
Jack's expertise extends to all matters of local authority governance, including:
Jack has particular expertise in matters of information law and is able to advise public authorities and requesters of information in relation to the lawfulness of withholding information from disclosure, as well as drafting representations and appearing on behalf of parties in the First Tier Tribunal (Information Rights).
Jack has authored a variety of articles in relation to Local Authority Governance for Westlaw Insight.
Jack acts and advises in relation to a wide variety of property law matters, including:
• Landlord and tenant disputes, including interpretation of leases
• Possession proceedings
• Easements and rights of way
• Restrictive covenants
• Adverse possession
• Service charges
Jack has experience of appearing in a variety of courts and tribunals, including in particular, the High Court, the County Court, the Upper Tribunal and the First Tier Tribunal (Property Chamber).
Recent cases of interest include:
• Gibbs v Clevedon Court (Dulwich) RTM Co Ltd [2017] UKUT 0411 (LC) in relation to the assessment of expert evidence by the FTT
• Hastings Borough Council v Manolete Partners PLC UKSC 2014/0159 (with Steven Gasztowicz QC) in relation to the interpretation of the Building Act 1984 and whether Hastings BC is liable to pay compensation to the assignee of an operator of a bingo hall and amusement arcade on Hastings Pier
• Armstrong v Onyearu [2015] EWHC 1937 (Ch) on the principle of the equity of exoneration
Jack has also recently appeared on behalf of Hackney LB in the First-tier tribunal (Property Chamber) in an application to determine whether major works service charges were payable (of which the total value was over £1m).
Jack acts and advises in relation to commercial disputes of all kinds and much of his work in other areas has a commercial element.
Jack also appears regularly in the civil courts in relation to contractual disputes of all kinds. Recent cases have involved:
Jack is able to advise and represent local authorities, responsible authorities, license-holders and third parties in relation to all matters arising under the Licensing Act 2003. He appears before Licensing Sub-Committees, Magistrates' Courts and in the High Court.
Jack has appeared regularly on behalf of the Security Industry Authority in Magistrates' Courts appeals.
Recent instructions have raised issues conditions relating to the sale of alcohol, cumulative impact and special area policies.
Jack regularly advises and appears on behalf of local authorities, social housing associations, commercial and private landlords and tenants in relation all aspects of housing law.
He is also experienced in urgent housing-related judicial review matters and can advise, review pleadings and witness statements and appear on behalf of both claimants and local authorities at short notice.
His expertise includes:
• possession and injunctive proceedings;
• secure, assured, assured shorthold, and introductory tenancies;
• anti-social behaviour, drug-related conduct and other nuisance: litigation & policy;
• Equality Act 2010;
• trespassers;
• service charges;
• disrepair;
• housing benefit;
• housing and allocations policy;
• local authority and housing association powers;
• homelessness and homelessness strategies;
• housing finance;
• the right to buy and right to acquire.
1st September 2015
Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.
Edited by Tom Cosgrove and written by members of the Cornerstone Planning Team, the guide is the first of its kind to analyse the procedures and work of the Planning Court which was introduced in April 2014.
Designed to be practical and accessible, it is the essential reference for all those who are involved in bringing or defending claims in the Court, and those who have an interest in the broad range of claims that now fall within the Court's remit. The guide will be of particular use to those instructing solicitors and barristers in planning related matters such as planning consultancies, development companies, pressure groups and individuals, as well as solicitors, professional planning bodies and local authorities.
Contributors to Cornerstone on the Planning Court include Michael Bedford QC, Josef Cannon, Estelle Dehon, Emma Dring, James Findlay QC, Robin Green, Mark Lowe QC, Jack Parker, Clare Parry, Asitha Ranatunga and Robert Williams.
For further information on Cornerstone on the Planning Court or to purchase a copy, click here.
27th June 2013
Article 8 procedural rights – extending the principle in R(Clue) v Birmingham CC, June 2013
When must a local authority provide community care support for a person from overseas to enable that person to pursue an immigration application with the Secretary of State? In his latest article, published this month in Judicial Review magazine (JR [2013] 186-193) Jack Parker analyses how Article 8 ECHR can protect the procedural rights (in additional to substantive family and private life rights) of persons with outstanding immigration applications and, thereby, oblige a local authority to provide support pending determination of the application, even though Parliament has legislated to exclude them from support.
1st December 2012
The Mayor of London and London Assembly: Jack Parker
Local Authority Structure: Executive Arrangements [including Elected Mayors] (with Damien Welfare)
Local councillors: members' interests (with Damien Welfare)
Local councillors: political activities (with Damien Welfare)
News: Planning and Environment
Cornerstone Planning Day 2021 - Tickets available
20th September 2021
The Cornerstone Planning Team is delighted to host its annual planning conference on Monday 8 November at Royal College of Surgeons of England. Aimed at planning specialists, solicitors, and policy makers, this....Case: Housing, Local Government
Inspector's appeal decision quashed for misinterpretation of a noise condition
9th September 2021
In Patel v Secretary of State for Housing, Communities and Local Government [2021] EWHC 2115 (Admin), Mrs Justice Lang quashed the decision of an Inspector to dismiss an appeal against....Case: Planning and Environment, Property
Reversibility of works affecting heritage assets
6th September 2021
In Buxton v Cambridge City Council [2021] EWHC 2028 (Admin), the High Court dismissed a claim for judicial review of a decision to grant planning permission and listed building consent....Case: Public Law and Judicial Review, Planning and Environment
High Court Rejects Challenge to Hackney Council's Emergency Transport Plan
3rd September 2021
The High Court has dismissed a claim for judicial review, brought by Horrendous Hackney Road Closures (“HHRC”), of Hackney Council’s decision to adopt an emergency transport plan in response “to....Case: Planning and Environment
25th September 2020
Following a two-week “virtual” planning inquiry, planning inspector Christina Downes has allowed an appeal and granted planning permission for an “extra care” development of 84 units in Albourne, West Sussex.....Case: Planning and Environment
22nd September 2020
The Court of Appeal has dismissed an objector’s challenge to the grant of planning permission by Suffolk County Council for a school in Lakenheath in Gathercole v Suffolk County Council....Case: Planning and Environment
22nd September 2020
The Court has dismissed a challenge to the grant of permission by the Royal Borough of Kensington and Chelsea for an underground parking facility, car lift and turntable on a....News: Planning and Environment
What COVID-19 means for enforcement: FAQs
27th April 2020
On this page we will post short answers to some frequently asked questions that have emerged from the webinar What COVID-19 means for enforcement on 23 April 2020. Please note that....News: Planning and Environment
Natural England Guidance on surveys and other operational issues during Covid-19 lockdown
21st April 2020
By Jack Parker and Ashley Bowes Natural England has published Guidance suggesting that field survey work can continue during the Covid-19 lockdown in accordance with government Guidance on social distancing in....News: Public Law and Judicial Review, Planning and Environment
Shale gas exploration inquiry opens in Yorkshire
12th June 2019
Jack Parker is appearing at an inquiry concerning a shale gas exploration well in South Yorkshire. The inquiry opened yesterday. Jack is representing Woodsetts Against Fracking who are seeking to resist....Case: Planning and Environment
NPPF 'tilted balance' must be taken into account even if not raised as an issue
3rd May 2019
In Green Lane Chertsey (Developments) Limited v SSHCLG [2019] EWHC 990 (Admin), Jack Parker, who represented the Claimant housing developer in the High Court, secured the quashing of a decision....News: Public Law and Judicial Review, Planning and Environment
Rosewell Review: planning inquiries are here to stay
13th February 2019
By Mark Lowe QC, Jack Parker and Ruchi Parekh Introduction Yesterday the government published the report of Bridget Rosewell OBE following the review she has recently led into the planning appeal system....Case: Planning and Environment
High Court takes robust view to reasons challenge in respect of "secondary" issue of prematurity
12th February 2019
South Gloucestershire Council v SSHCLG and Welbeck Strategic Land LLP [2019] EWHC 181 (Admin)
....Case: Public Law and Judicial Review, Housing, Local Government
Lawful discrimination by Jewish Housing Association: the tip of an iceberg?
7th February 2019
R(Z) v Hackney LBC & Agudas Israel Housing Association
....News: Public Law and Judicial Review, Planning and Environment
Jack Parker will appear at the Examination into the North Yorkshire Minerals and Waste Joint Plan
14th January 2019
Jack Parker will appear at the Examination into the North Yorkshire Minerals and Waste Joint Plan on 24 and 25 of January 2019. Jack will represent local residents seeking to....Case: Public Law and Judicial Review, Planning and Environment
7th December 2018
R (Howell) v Waveney DC [2018] EWHC 3388 (Admin)
....Case: Public Law and Judicial Review, Planning and Environment
Highways England’s new statutory powers and duties in the spotlight
16th November 2018
R(Sefton MBC) v Highways England [2018] EWHC 3059 (Admin)
....Case: Public Law and Judicial Review, Planning and Environment
18th September 2018
Benson v SSCLG [2018] EWHC 2354 (Admin)
....Case: Public Law and Judicial Review, Planning and Environment
Where is the harm? Preserving the openness of the Green Belt
11th July 2018
Euro Garages Ltd v SSCLG [2018] EWHC 1753 (Admin)
....Case: Planning and Environment
Conflict with a Neighbourhood Plan - all a question of judgment
19th June 2018
Cheshire East Council v SSCLG [2018] EWHC 1524 (Admin)
....Case: Planning and Environment
23rd April 2018
In recent proceedings on an appeal under s. 289 of the Town and Country Planning Act 1990, Mrs Justice Lang has held in a short written judgement that a second....Case: Planning and Environment
Challenge to Port of Liverpool road bypass given permission to proceed
14th February 2018
Sefton Metropolitan Borough Council has been given permission to challenge Highways England's controversial decision to adopt a new dual carriageway bypass through the Rimrose Valley as the preferred route for....Case: Planning and Environment
To be a designated heritage asset, or not to be a designated heritage asset, that is the question
8th December 2017
What is the proper approach to a non-designated heritage asset ("NDHA") located in a Conservation Area? That was the issue in Dorothy Bohm v SSCLG [2017] EWHC 3217 (Admin), a....Case: Planning and Environment
7th December 2017
When a local authority planning committee grants planning permission for a controversial development against the advice of its own planning officers, what legal duty, if any, does it have to....News: Licensing
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
....Case: Housing
High Court judgment sounds warning note for housing authorities
11th August 2017
A judgment handed down on 10 August 2017 by Popplewell J sounds a warning for local authorities in relation to their procedures for managing temporary accommodation. Dacorum Borough Council housed a....News: Planning and Environment
Planning - Judge rules that Somerset council acted unfairly over section 106 agreement
25th July 2017
Jack Parker is quoted in an article on the case of R on the Application of Wet Finishing Works Limited v Taunton Deane Borough Council. Jack explains that the decision provides a useful....Case: Planning and Environment
Permission quashed for failure to consult on Section 106 Agreement
24th July 2017
A decision to approve the variation of a planning permission for 90 residential dwellings has been quashed on the grounds of procedural unfairness in R(Wet Finishing Works Ltd) v Taunton and....Case: Planning and Environment
Last Hurdle to the New Chelsea Stadium at Stamford Bridge Rejected
19th July 2017
Planning permission was granted by the London Borough of Hammersmith and Fulham on 31st March 2017 for the redevelopment of the current Chelsea Stadium for the works required to increase....News: Planning and Environment
Planning Awards 2017 win: St Ives Neighbourhood Plan
22nd June 2017
Cornerstone Barristers is very pleased that the St Ives Neighbourhood Plan has been awarded the Neighbourhood Planning Award at this year's Planning Awards 2017. The Awards celebrate projects which are shown....Case: Property
The equity of exoneration clarified by the Court of Appeal
26th April 2017
Where a joint owner of property uses that property to secure a debt, the other joint owner may be entitled to have that indebtedness discharged out of the interest of....News: Public Law and Judicial Review, Planning and Environment, Housing, Property, Licensing, Commercial and Regulatory
Cornerstone Leisure Newsletter February 2017
23rd February 2017
The Cornerstone Leisure Newsletter includes...Case: Planning and Environment
16th February 2017
Since 2013, local planning authorities have not been statutorily obliged to give reasons for a decision to grant planning permission. That said, it has long been recognised that the common....Case: Planning and Environment,
Legal challenges to fracking planning decisions
21st November 2016
Last week, two sets of legal proceedings were issued challenging decisions by the Secretary of State relating to hydraulic fracturing proposals in Lancashire. Preston New Road Action Group ("PNRAG") issued an....News: Planning and Environment, Property
15th November 2016
The Planner and Local Government Lawyer have reported on The High Court ruling on 10th November 2016 which found that a policy in the St Ives Neighbourhood Plan which prohibits new....Case: Public Law and Judicial Review, Planning and Environment
St Ives' Second Homes Ban Lawful
10th November 2016
The High Court has today found a policy in the St Ives Neighbourhood Plan which prohibits new dwellings being used as holiday homes to be lawful. The St Ives Neighbourhood....Case: Planning and Environment,
Government grants permission for fracking in Lancashire
6th October 2016
In a landmark decision the Secretary of State for Communities and Local Government has today granted planning permission for shale gas fracking (hydraulic fracturing) at a site in Lancashire. The Secretary....News:
The Oil and Gas Authority Becomes an Independent Regulator
4th October 2016
As of 1 October 2016, the Oil and Gas Authority (OGA) became the independent regulator for offshore and onshore oil and gas operations in the United Kingdom. The Cornerstone Hydrocarbon....News: Public Law and Judicial Review, Housing, Property
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:Case: Public Law and Judicial Review, Planning and Environment, Property, Commercial and Regulatory
Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc
28th July 2016
The Supreme Court has ruled on the meaning of 'default' in section 106 of the Building Act 1984, which gives a right to compensation in relation to the exercise by authorities of statutory powers contained in the Act.
....Case: Planning and Environment
Court again declines to quash permission tainted by error of law
19th July 2016
The High Court has, in R(Hill) v Cornwall Council [2016] EWHC 1264 (Admin), declined to quash the grant of planning permission for a synthetic sports pitch at a school, even though the Court found that a condition securing the pitch for community use was unintelligible and the grant of permission consequently unlawful.
....Case: Planning and Environment
19th July 2016
In Noquet v Secretary of State [2016] EWHC 209 (Admin), the Court has clarified the scope of permitted development rights for a change of use of land which is not currently in use for the purpose to which the permitted development right attaches, but which could lawfully be used for that purpose by the operation of s. 57(4) of the Town and Country Planning Act 1990.
....Case:
Supreme Court consider compensation under the Building Act 1984
23rd June 2016
The Supreme Court has today heard an appeal by Hastings Borough Council, represented by Steven Gasztowicz QC and Jack Parker (and earlier by Clare Parry), against a decision that it....Case: Public Law and Judicial Review, Planning and Environment
10th May 2016
Following the referendum on the St Ives Neighbourhood Plan, which received the support of 83% of residents, a representative of the development industry has challenged the decision by Cornwall Council to allow the Plan to proceed to a referendum.
....News: Planning and Environment
29th March 2016
In the first case to examine whether a duty to give reasons for a grant of planning permission might arise following the abolition of the statutory requirement to do so....News: Planning and Environment,
Cornerstone Barristers in fracking inquiry underway in Lancashire
9th February 2016
The appeal brought by Cuadrilla against the decisions of Lancashire County Council to refuse planning permission for fracking developments in Lancashire has started this morning in Blackpool. Cornerstone Barristers' Estelle Dehon....Case: Planning and Environment
18th January 2016
The High Court has allowed a section 289 appeal against the decision of an Inspector to dismiss an appeal against an enforcement notice.
....Case: Planning and Environment,
Government to have final say on Lancashire fracking sites
27th November 2015
The Secretary of State for Communities and Local Government yesterday informed Lancashire County Council that the final decision on planning appeals concerning two fracking sites in Lancashire will be made....Case: Planning and Environment, Housing, Property
Going underground - High Court shines a light on basement development rights
8th October 2015
In the face of rising property prices and a limited supply of land, particularly in central London, the creation of a basement below your property has become one of the most attractive options for extending your home.
....Case: Planning and Environment,
Cornerstone Barristers instructed on major fracking planning appeals in Lancashire
28th September 2015
Four members of Cornerstone Barristers have been instructed in the UK's first planning appeals in respect of proposals to develop wells and associated works to carry out high volume hydraulic fracturing (fracking) at two sites in Lancashire.
....News: Planning and Environment
Cornerstone on the Planning Court
1st September 2015
Cornerstone on the Planning Court, the definitive guide to the new Planning Court produced by Cornerstone Barristers, is now available to buy online and in book shops.
....News: Local Government
Cornerstone on Councillors’ Conduct
26th June 2015
Cornerstone on Councillors' Conduct, the definitive guide to local government standards, produced by Cornerstone Barristers, goes on sale today.
....News: Public Law and Judicial Review, Planning and Environment
Planning Magazine: The Planning Law Survey 2015
31st May 2015
Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....Case: Planning and Environment, Property
10th February 2015
In a reserved judgment handed down on 10th February 2015 a declaration was granted to the Council in relation to a public right of way. Acknowledging that the definitive map....News: Licensing
27th May 2014
The Law Commission has finally published its recommendations for the reform of the law relating to taxis and private hire services, write Jack Parker and Rory Clarke. Against the background of....Case: Planning and Environment, Information Law
Confidentiality of viability assessments in planning
15th May 2014
Confidentiality Of Viability Assessments In Planning: Tribunal Overturns Information Commissioner's Decision That Council Should Disclose Affordable Housing Viability Assessment Submitted As Part Of Planning Application. In a significant decision for local....Case: Planning and Environment, Information Law
9th May 2014
EA/2013/0162 – Damien Welfare represented LB Southwark (with Jack Parker) in a successful appeal against the decision of the Information Commissioner to order disclosure of a developer's planning viability assessment.....Case: Public Law and Judicial Review, Commercial and Regulatory, Property
1st May 2014
In a decision that illustrates the risks for local authorities who exercise their emergency powers under s. 78 of the Building Act 1984 to close dangerous premises, the Court of....News: Public Law and Judicial Review
27th June 2013
When must a local authority provide community care support for a person from overseas to enable that person to pursue an immigration application with the Secretary of State? In his....News: Public Law and Judicial Review
Section 21 Accommodation: Care and attention must be “accommodation-related”
26th June 2013
In SL (FC) v Westminster City Council [2013] UKSC 27, the Claimant was a failed asylum-seeker who became homeless in the UK. He was admitted to hospital following an attempted....Case: Housing
New Government Proposals on Judicial Review to Curb Weak Claims
9th April 2013
LEGAL AID ONLY TO BE PAID WHERE PERMISSION GRANTED
....Case: Planning and Environment
8th February 2013
Mark Lowe QC, Estelle Dehon and Jack Parker have appeared in the Court of Appeal in Walsall MBC and Dartford BC v The Secretary of State for Communities and Local Government, Vodafone Limited and Telefonica Limited [2013].
....Case: Planning and Environment
5th February 2013
Mark Lowe QC and Jack Parker, acting for Cardiff City Council in R(Western Power Distribution Investments Ltd) v Cardiff City Council [2013], appeared before Mr Justice Burton, in a JR challenge to the Council's decision to appropriate open space land for allotments.
....Case: Local Government
Cornerstone Barristers takes part in launch of new online legal encyclopaedia
10th December 2012
Members of Cornerstone Barristers have played a leading role in contributing to a new online encyclopaedia, launched on 10th December 2012. The "Westlaw UK Insight" is an online legal encyclopaedia....High Court Rejects Challenge to Hackney Council's Emergency Transport Plan
3rd September 2021
The High Court has dismissed a claim for judicial review, brought by Horrendous Hackney Road Closures (“HHRC”), of Hackney Council’s decision to adopt an emergency transport plan in response “to....22nd September 2020
The Court of Appeal has dismissed an objector’s challenge to the grant of planning permission by Suffolk County Council for a school in Lakenheath in Gathercole v Suffolk County Council....22nd September 2020
The Court has dismissed a challenge to the grant of permission by the Royal Borough of Kensington and Chelsea for an underground parking facility, car lift and turntable on a....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
Cardiff: Falcon Drive, Cardiff Bay, Cardiff, Mid Glamorgan, CF10 4RU
DX: LDE 316 (Chancery Lane)
