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, and licensing 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).
Expertise
- Planning and Environment
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:
- Parker House, Hemel Hempstead: Planning inquiry in respect of office to residential conversion
- R(Buxton) v Cambridge CC [2021] EWHC 2028 (Admin): “Reversibility” of works affecting heritage assets
- Patel v SSHCLG [2021] EWHC 2115 (Admin): Interpretation of noise condition
- R(Swainsthorpe Parish Council) v Norfolk CC [2021] EWHC 1014 (Admin): Consultation
- Chelmsford BC v Leisure Parks Real Estate (Holdings) Limited [2021] EWHC 613 (QB): Interpretation of inaccurate plan on planning permission
- Land at Birchgrove Road, Horsted Keynes: planning inquiry in respect of 32 affordable dwellings
- Thame Town Council v SSHCLG [2021] EWHC 291 (Admin): interpretation of planning policy
- Gathercole v Suffolk County Council [2020] EWCA Civ 1179: ES ‘alternatives’ and Public sector equality duty
- Site of the former Hazeldens Nursery, Albourne: planning inquiry in respect of 84 ‘extra care’ units
- R(Thurloe Lodge Limited) v RBKC [2020] EWHC 2381 (Admin): Officers’ reports, heritage, residential amenity and interpretation of planning policy in relation to planning permission for an underground car lift
- Green Lane Chertsey (Developments) Limited v SSHCLG [2019] EWHC 990 (Admin): Presumption in favour of sustainable development
- South Gloucestershire Council v SSHCLG and Welbeck Strategic Land LLP [2019] EWHC 181 (Admin) (with Mark Lowe QC): Prematurity
- R(Lakenheath Parish Council) v Suffolk County Council [2019] EWHC 978 (Admin) (with Richard Ground QC): Article 8 ECHR, the public sector equality duty and the assessment of alternatives as part of the EIA
- North Yorkshire Minerals and Waste Joint Plan (January 2019): soundness of “fracking” policies
- R (Howell) v Waveney DC [2018] EWHC 3388 (Admin): Conditions precedent and EIA in relation to a wind turbine
- R(Sefton MBC) v Highways England [2018] EWHC 3059 (Admin) (with Tom Cosgrove QC): Statutory duties of Highways England in relation to the Port of Liverpool Bypass
- Hoddesdon energy from waste incinerator (summer 2018): Called-in six-week planning inquiry in respect of plant for all Hertfordshire’s domestic waste
- Benson v SSCLG [2018] EWHC 2354 (Admin): Fairness at planning inquiries
- Euro Garages Ltd v SSCLG [2018] EWHC 1753 (Admin): Green Belt
- Cheshire East v SSCLG [2018] EWHC 1524 (Admin): Conflict with Neighbourhood Plan
- R (Shimbles) v City of Bradford MDC [2018] EWHC 195 (Admin) (with Philip Coppel QC): Heritage assets and appropriate assessment under the Habitats Regulations
- R (Bishop) v Westminster Council [2017] EWHC 3102 (Admin): Consultation
- Bohm v SSCLG [2017] EWHC 3217 (Admin): Heritage Assets
- R (Wet Finishing Works Ltd) v Taunton and Deane BC [2017] EWHC 1837 (Admin): consultation requirements in respect of s.106 agreements
- Land North of Cranham Road, Chelmsford: planning inquiry in respect of the relocation of the Marriage Flour Mill
- Red Funnel Ferry Terminal, Isle of Wight: planning inquiry in respect of the redevelopment of the Red Funnel Ferry Terminal at East Cowes
- 24 High Street, Marton: CPO inquiry in respect of empty home
- Oakley v South Cambridgeshire DC [2017] EWCA Civ 71 (Admin): scope of common law duty to give reasons for the grant of planning permission
- RLT Built Environment Ltd v Cornwall Council [2016] EWHC 2817 (Admin) (with Mark Lowe QC): Challenge to second homes restrictions in St Ives neighbourhood plan
- R (Hilton) v SSCLG [2016] EWHC 1861 (Admin): scope of residential permitted development rights
- Land at Roseacre Wood (with Robin Green): First planning inquiry in relation to “fracking” in Lancashire by Cuadrilla
- R (Hill) v Cornwall Council [2016] EWHC 1264 (Admin): assessment by planning committee of noise impacts and the enforceability of conditions
- Noquet v SSCLG [2016] EWHC 209 (Admin): certificates of lawful use
- Collins v SSCLG [2016] EWHC 5 (Admin): enforcement notices and the disposal of waste
- Court of Appeal makes recommendation on how to best avoid disagreements about the lawfulness of planning decisions23 Jun 2023
- Permission refused on appeal for hotel and private members’ club in Mayfair16 Aug 2022
- High Court rejects another challenge to a part of Hackney Council’s low traffic neighbourhood and school streets plan08 Dec 2021
- Reversibility of works affecting heritage assets06 Sep 2021
- High Court Rejects Challenge to Hackney Council’s Emergency Transport Plan03 Sep 2021
- Housing for older people: Are development plans adopted before the latest revisions to the planning practice guidance on housing for older people out of date?25 Sep 2020
- Court of Appeal upholds planning permission despite breach of equality duty and gives important guidance on approach to ES alternatives.22 Sep 2020
- An underground car lift in Kensington: To what extent are LPAs obliged to engage with expert evidence submitted by objectors?22 Sep 2020
- NPPF ’tilted balance’ must be taken into account even if not raised as an issue03 May 2019
- High Court takes robust view to reasons challenge in respect of “secondary” issue of prematurity12 Feb 2019
- Discharge of conditions: Hart Aggregates survives Trump and publicity for ‘subsequent’ EIA applications07 Dec 2018
- Highways England’s new statutory powers and duties in the spotlight16 Nov 2018
- Resolving allegations of procedural unfairness on the part of Planning Inspectors – any place for cross-examination?18 Sep 2018
- Where is the harm? Preserving the openness of the Green Belt11 Jul 2018
- Conflict with a Neighbourhood Plan – all a question of judgment19 Jun 2018
- Second Respondents’ costs in permission hearings for s. 289 planning appeals: Bolton beats Mount Cook23 Apr 2018
- Government to have final say on Lancashire fracking sites01 Jan 2018
- Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc01 Jan 2018
- Court again declines to quash permission tainted by error of law01 Jan 2018
- Dacorum BC V Foy01 Jan 2018
- Court clarifies scope of permitted development rights for lawful uses of land under s.57(4) TCPA 199001 Jan 2018
- St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge01 Jan 2018
- Cornerstone Barristers instructed on major fracking planning appeals in Lancashire01 Jan 2018
- High Court quashes Inspector’s decision to uphold enforcement notice relating to the disposal of waste01 Jan 2018
- High Court underlines Breadth and Importance of s. 28G duty to further conservation and enhancement of environment in decisions affecting land01 Jan 2018
- Court of Appeal declines to overturn rule that no right of appeal lies against refusal of leave to appeal Planning Inspector’s decision on a s. 174 enforcement notice appeal01 Jan 2018
- Going underground – High Court shines a light on basement development rights01 Jan 2018
- Legal challenges to fracking planning decisions01 Jan 2018
- Permission quashed for failure to consult on Section 106 Agreement01 Jan 2018
- Last Hurdle to the New Chelsea Stadium at Stamford Bridge Rejected01 Jan 2018
- Government grants permission for fracking in Lancashire01 Jan 2018
- Challenge to Port of Liverpool road bypass given permission to proceed01 Jan 2018
- St Ives’ Second Homes Ban Lawful01 Jan 2018
- Court of Appeal gives significant judgment on common law duty to give reasons for the grant of planning permission01 Jan 2018
- Supreme Court gives definitive guidance on duty to give reasons for the grant of planning permission and opens door to future challenges01 Jan 2018
- To be a designated heritage asset, or not to be a designated heritage asset, that is the question01 Jan 2018
- LB Southwark v Information Commission, Lend Lease (Elephant and Castle) Ltd, and Adrian Glasspool, First-Tier Tribunal, Information Rights01 Jan 2018
- Confidentiality of viability assessments in planning01 Jan 2018
- Robert Williams and Jack Parker promote HS2 Phase 2B Hybrid Bill before parliamentary select committee22 Jun 2023
- Cornerstone Planning Day 2021 – Tickets available20 Sep 2021
- What COVID-19 means for enforcement: FAQs27 Apr 2020
- Natural England Guidance on surveys and other operational issues during Covid-19 lockdown21 Apr 2020
- Shale gas exploration inquiry opens in Yorkshire12 Jun 2019
- Rosewell Review: planning inquiries are here to stay13 Feb 2019
- Jack Parker will appear at the Examination into the North Yorkshire Minerals and Waste Joint Plan14 Jan 2019
- No duty to give reasons for a grant of planning permission in the Green Belt contrary to officer advice01 Jan 2018
- Cornerstone Barristers in fracking inquiry underway in Lancashire01 Jan 2018
- St Ives’ Ban on Second Homes01 Jan 2018
- Cornerstone Leisure Newsletter February 201701 Jan 2018
- Planning Awards 2017 win: St Ives Neighbourhood Plan01 Jan 2018
- Planning – Judge rules that Somerset council acted unfairly over section 106 agreement01 Jan 2018
- Planning Magazine: The Planning Law Survey 201501 Jan 2018
- Cornerstone on the Planning Court29 Oct 2015
- Public Law and Judicial Review
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:
- HHRC Ltd v Hackney LB [2021] EWHC 2440 (Admin): Low traffic neighbourhoods, Covid-19, public sector equality duty, consultation
- R(Swainsthorpe Parish Council) v Norfolk CC [2021] EWHC 1014 (Admin): Consultation
- R(Lakenheath Parish Council) v Suffolk County Council [2019] EWHC 978 (Admin) (with Richard Ground QC): Article 8 ECHR and the public sector equality duty
- R(Sefton MBC) v Highways England [2018] EWHC 3059 (Admin) (with Tom Cosgrove QC): Statutory duties of Highways England in relation to the Port of Liverpool Bypass
- Onwuje v SSHD [2018] EWCA Civ 331: Article 8 Right to a private and family life in the context of economic benefits
- R (Norwich Livestock Market Ltd) v Norwich City Council [2018] EWHC 648 (Admin) in relation to the powers and duties of the Council as regards a market
- R (Bishop) v Westminster Council [2017] EWHC 3102 (Admin): Consultation in respect of planning applications
- R(Wet Finishing Works Ltd) v Taunton and Deane BC [2017] EWHC 1837 (Admin): consultation requirements in respect of section 106 agreements
- Oakley v South Cambridgeshire DC [2016] EWHC 570 (Admin) in relation to the common law duty of fairness to give reasons
- R (Hill) v Cornwall Council [2016] EWHC 1264 (Admin) in relation to the assessment of expert evidence and discretionary remedies
- R(Western Power Distribution Investments Ltd) v Cardiff County Council [2013] EWHC 1407 (Admin) in relation to the appropriation of land
Local authority governance and services
Jack’s expertise extends to all matters of local authority governance, including:
- Executive arrangements
- Conduct and standards
- Elections
- Delegation
- Data protection and data sharing
- Powers and duties
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.
- High Court Rejects Challenge to Hackney Council’s Emergency Transport Plan03 Sep 2021
- Lawful discrimination by Jewish Housing Association: the tip of an iceberg?07 Feb 2019
- Discharge of conditions: Hart Aggregates survives Trump and publicity for ‘subsequent’ EIA applications07 Dec 2018
- Highways England’s new statutory powers and duties in the spotlight16 Nov 2018
- Resolving allegations of procedural unfairness on the part of Planning Inspectors – any place for cross-examination?18 Sep 2018
- Where is the harm? Preserving the openness of the Green Belt11 Jul 2018
- Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc01 Jan 2018
- St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge01 Jan 2018
- Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure01 Jan 2018
- St Ives’ Second Homes Ban Lawful01 Jan 2018
- Cornerstone Barristers to host first-ever Public Law Week12 May 2023
- Shale gas exploration inquiry opens in Yorkshire12 Jun 2019
- Rosewell Review: planning inquiries are here to stay13 Feb 2019
- Jack Parker will appear at the Examination into the North Yorkshire Minerals and Waste Joint Plan14 Jan 2019
- Cornerstone Housing Newsletter – August 201601 Jan 2018
- Jack Parker authors article in Judicial Review: Article 8 procedural rights – extending the principle in R(Clue) v Birmingham CC01 Jan 2018
- Section 21 Accommodation: Care and attention must be “accommodation-related”01 Jan 2018
- Cornerstone Leisure Newsletter February 201701 Jan 2018
- Planning Magazine: The Planning Law Survey 201501 Jan 2018
- Property
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).
- Reversibility of works affecting heritage assets06 Sep 2021
- Supreme Court considers statutory meaning of ‘in default’: Hastings BC v Manolete Partners plc01 Jan 2018
- Court Of Appeal Finds Council Must Pay Compensation Under Building Act 1984 To Assignee Of Business Operator Who Admitted Public To Premises On Dangerous Structure01 Jan 2018
- Dacorum BC V Foy01 Jan 2018
- Going underground – High Court shines a light on basement development rights01 Jan 2018
- The equity of exoneration clarified by the Court of Appeal01 Jan 2018
- Commercial and Regulatory
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:
- Claim for unpaid fees on behalf of an agency acting for a racing driver
- Claim for unjust enrichment arising out of payment of business rates
- Claim for unpaid cancellation fees
- Interpretation of s106 Agreement
- Licensing
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.
- Housing
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.
- Inspector’s appeal decision quashed for misinterpretation of a noise condition09 Sep 2021
- Lawful discrimination by Jewish Housing Association: the tip of an iceberg?07 Feb 2019
- New Government Proposals on Judicial Review to Curb Weak Claims01 Jan 2018
- Going underground – High Court shines a light on basement development rights01 Jan 2018
- High Court judgment sounds warning note for housing authorities01 Jan 2018