020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Jack specialises in Administrative & Public Law, Planning & Environment and Property.
He also has expertise in a range of related areas including Commercial, Local Authority Governance & Services, Licensing, and Housing.
He is named as an "up and coming" planning barrister in Chambers and Partners 2018 and is described as having "a winning combination of approachability and intensity" and as being "a man of incisive judgment."
Jack specialises in Administrative & Public , Planning & 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 is also trained to receive instructions directly from members of the public.
Jack is named as an "up and coming" planning barrister in Chambers and Partners 2018 and is described as having "a winning combination of approachability and intensity" and as being "a man of incisive judgment". He was named as a highest-rated planning barrister under the age of 35 by Planning Magazine and has been appointed to the Attorney General's "C" Panel of Counsel.
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).
"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 & Partners 2018
Jack is named as an "up and coming" planning barrister in Chambers and Partners 2018 and is described as having "a winning combination of approachability and intensity" and as being "a man of incisive judgment". He was named as a highest-rated planning barrister under the age of 35 by Planning Magazine. He is experienced in all aspects of planning 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 instructions have raised issues in relation to green belt, housing supply, affordable housing and the disclosure of viability assessments, section 106 agreement, compulsory purchase, EIA, the GPDO, enforcement notices, waste, retail, energy and infrastructure.
Jack has been appointed to the Attorney General's 'C' Panel of Counsel.
Recent and ongoing cases include:
• R. (on the application of Shimbles) v City of Bradford MDC [2018] EWHC 195 (Admin) (with Philip Coppel QC): Heritage assets and appropriate assessment under the Habitats Regulations
• 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
• R(Roskilly) v Cornwall CC [2015] EWHC 3711 (Admin) (with Paul Shadarevian QC): screening directions
• Royal Borough of Kensington and Chelsea v SSCLG [2015] EWHC 2458 (Admin) (with Mark Lowe QC): scope of permitted development rights for basements
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 & homelessness and local authority governance. Jack is able to provide advice, review pleadings and witness statements and act on behalf of claimants and public authorities at short notice.
Jack has been appointed to the Attorney General's 'C' Panel of Counsel.
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.
1st September 2015
Edited by Philip Kolvin QC, Head of Cornerstone Barristers, and written by members of Chambers, Cornerstone on Councillors' Conduct identifies and explains the standards that govern the conduct of those elected to Local Government in England and Wales.
Contributors to Cornerstone on Councillors' Conduct include: James Findlay QC, Philip Coppel QC, Robin Green, Harriet Townsend, Wayne Beglan, Damien Welfare, Estelle Dehon, Ryan Kohli, Robert Williams, Emma Dring, Zoe Whittington, Jack Parker and Matt Lewin.
The book has been designed as a readable, practical guide for all those involved in local government, including officers, councillors, monitoring officers and lawyers.
With the foreword kindly contributed by Cllr David Sparks, the Chairman of the Local Government Association, topics considered within the guide include:
Reviews include:
Cornerstone Barristers has produced a "book which is not only extremely useful from a professional standpoint, but it is also eminently readable." It "is not just a handy reference book to Councillors' conduct: it is an indispensable guide and should be the first port of call when questions arise." James Button and Co-Bulletin
The publication"skilfully navigates its way through the dense and dangerous jungle of intervening statutory, guidance, caselaw and other foliage from the former Standards Board regime (following the Donnygate scandal) to the present slimmed-down but imperfect present." Nicholas Dobson, a Consultant with Freeths LLP writing for Local Government Lawyer
Click here to purchase a copy.
Philip Kolvin QC discusses the issues confronting local councillors and the need for a consistent approach to standards of conduct in an interview with Bloomsbury Professional.
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)
Case
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
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
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
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
....Case
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 - 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
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
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 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
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
Cornerstone Leisure Newsletter February 2017
23rd February 2017
The Cornerstone Leisure Newsletter includes...Case
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
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
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
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
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
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:Case
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
New Government Proposals on Judicial Review to Curb Weak Claims
9th April 2013
LEGAL AID ONLY TO BE PAID WHERE PERMISSION GRANTED
....Case
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
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
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....EVENT
The approach of the Courts to heritage issues in planning decision making
19th March 2018
1
Tom Cosgrove QC and Jack Parker hosted a seminar with some of our leading clients involved in heritage and planning issues. The seminar focused on the approach of the Courts to....EVENT
1st March 2017
1
Ramifications of the Court of Appeal's Judgment in Oakley v South Cambs DC [2017] EWCA Civ 7 The Court of Appeal's Judgment in Oakley v South Cambridgeshire District Council [2017] EWCA....EVENT
Cornerstone Annual Planning Day 2016
7th November 2016
Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....