020 7242 4986 or  0333 240 0591 London  |  Birmingham  |  Cardiff
Philip Kolvin

Jonathan Clay

Called
1990
Telephone
020 7242 4986
CV
Email

Jonathan Clay is widely recognised as a leader in his field of planning and environment law. His case work includes court and public inquiry advocacy at the highest levels.

Known for his relaxed style, his ability to lead large teams and to take a strategic approach has proved invaluable in some of the ground breaking cases in which he has been involved.

Jonathan Clay is widely recognised as a leader in his field of planning and environment law. His case work includes court and public inquiry advocacy at the highest levels.

Known for his relaxed style, his ability to lead large teams and to take a strategic approach has proved invaluable in some of the ground breaking cases in which he has been involved.

His practice covers all aspects of the enforcement of planning and environmental control, renewable energy, large scale infrastructure projects and village greens, as well as housing, commercial and retail development schemes. He works for both applicants/appellants and authorities.

His High Court and Court of Appeal experience includes judicial review and statutory challenges at all levels, including the appellate courts. His Court practice at all levels reads as a list of some of the seminal cases in planning and environmental law: Suffolk Coastal v Hopkins Homes [2016] EWCA Civ 168; Oxted Residential v Tandridge B.C. [2016] EWCA Civ 414; NHS Properties Ltd v Surrey County Council [2016]EWHC1715 (Admin); R. (on the application of Fidler) v Secretary of State for Communities and Local Government Court of Appeal [2011] EWCA Civ 1159

He represented Brighton and Hove Albion Football Club in the long running Amex Community Stadium inquiry successfully resulting in the grant of permission for the celebrated new stadium on the edge of the Sussex Downs National Park, His recent workload has included major airport parking enforcement inquiry at Gatwick Airport (for the successful appellant), housing development for 850 homes in the Green Belt at Bromley (for the successful appellant), a host of windfarm and energy related appeals and the first ever appeal under the Water Resources Act 1991 concerning unauthorized development in a river flood plain (for the successful appellant).

Major infrastructure inquiries have included power generation, railway infrastructure, motorways and waste projects. In 2010, he was asked to train Commissioners for the Infrastructure Planning Commission who deal with applications for major new infrastructure, including power stations, windfarms, airports and highways. Jonathan has represented both local planning authorities and objectors in series of public inquiries concerning the large on-shore wind farms; successfully persuading the Secretary of State to refuse permission.

"The perfect example of a barrister who can deliver a successful case without any drama." Chambers & Partners 2017

"A very effective advocate who's excellent at identifying key issues." Chambers & Partners 2017

"Strong in actions for developers and local authorities where natural and heritage assets are at play." Legal 500 2016

"An experienced advocate." "He is easily accessible and is very patient." - Chambers & Partners 2016

"A town and country planning expert." - Legal 500 2015

Overview

Jonathan's experience includes all aspects of planning and environmental law, including judicial review, statutory appeals and major infrastructure projects. He has represented both developers and planning authorities in respect of large housing developments, wind-farms, major waste management facilities, motorways and trunk road schemes. On the basis of this experience he was invited in 2010 to provide training for Commissioners at the Infrastructure Planning Commission, that deal with large scale infrastructure projects including energy, transport and other major infrastructure projects. Jonathan has also provided recent training to Welsh local authorities and planning professionals on renewable energy development.

He has advised local planning authorities on their Local Plans and Core Strategies, most recently advising Herefordshire Council throughout the process on their Local Plan (adopted October 2015).

Recent High Court work has included successfully challenging the grant of planning permission for development affecting listed buildings, defending planning permissions for major mixed use development and infrastructure projects, representing a County Highway Authority in respect of the meaning and application of section 278 agreement, successful section 289 enforcement notice and section 288 planning appeals.

He has both prosecuted and defended in Crown and Magistrates Courts in relation to planning, listed buildings and other enforcement actions. His Court experience includes extensive experience of judicial review and section 288 challenges at all levels, including the appellate courts. He also has particular experience in planning enforcement appeals and section 289 appeals to the High Court.

Jonathan is recognised as a leading junior in both Legal 500 2015 and Chambers & Partners 2015 and as an expert in his field of practice in "Legal Experts 2015".

Recent examples of his work include:

Judicial Review/Statutory High Court challenge

  • (on the application of Trustees of the Cecil Estate Family Trust) v South Kesteven DC [2015] EWHC 1978 Development; Listed buildings; Planning permission: Status: Decision successfully quashed.
  • (on the application of Oxted Residential Ltd) v Secretary of State for Communities and Local Government [2015] EWHC 1484 Local Plan section 113, CIL schedule. Status: Under appeal to Court of Appeal due to be heard February 2016.
  • Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2015] EWHC 132 NPPF, policies for supply of housing, settlement limits. Status: Under appeal to Court of Appeal. Due to be heard November 2015.
  • Village Developments Plc v Tandridge DC [2014] EWHC Judicial review. Tree Preservation Order. Status: Decision successfully quashed.
  • R. (on the application of Corbett) v Cornwall Council [2013] EWHC 3958 (admin) wind farm, listed buildings, Habitat Regulations. Status: Application successfully resisted.
  • Truro City Council v Cornwall Council [2013] EWHC 2525. Major mixed development, development plan policy. Status: Application successfully resisted.

Infrastructure and Waste

  • Upper Vaunces Wind Farm, Lincolnshire.(2014) Jonathan Clay successfully acted for local consortium of parish councils in Norfolk in defeating repeated major windfarm appeals in South Norfolk. Principal issues; landscape, historic buildings, need for renewable energy development, residential amenity.
  • Blockade Services Perrylands Lane, Surrey. Section 174 Enforcement Appeal against Surrey County Council. Jonathan acted for the successful appellant. Substantial waste development in the Green Belt. Raised important points relating to abandonment of previous use. Appeal allowed.
  • Trewern Argae: Ministerial appeal under the Water Resources Act 1991 concerning flood defence development in a river flood plain in 2009/10 to protect historic buildings. Jonathan represented successful appellant. Appeal allowed and full award of costs against Environment Agency.
  • Crowholt Windfarm, Notts. In January and February 2007, Jonathan represented the local planning authority in a public inquiry concerning what was proposed to be (at the time) the largest on-shore wind farm in England, successfully persuading the Secretary of State to refuse permission.

Enforcement

  • Cophall Farm Airport Parking Surrey: A series of planning battles including a major public inquiry, and successful challenge to Inspector's decision in High Court finally delivered a major airport parking scheme in 2014 on Green Belt land near Gatwick Airport. Jonathan represented the successful appellant.
  • v. OAO East Sussex County Council v SSCLG & Robins[2010] EWHC 4841 Reported Case summaries JPL [2010] 89. Judicial Review. Jonathan Clay acted for successful appellant in having enforcement notice quashed and full costs awarded. Jonathan successfully represented the Second Defendant in resisting legal challenge in High Court. Sec of State not represented. Permission hearing treated as final hearing by Judge. Important case on powers to correct enforcement notices and duties of respective authorities in mixed use cases involving both County and District matters.
  • HMS Ganges, Nr Ipswich, Suffolk. July 2010. Jonathan acted for Babergh District Council. Section 78 reserved matters appeal involving major scheme for redevelopment of former historic Royal Naval Training School including several historic buildings and ancient monuments. Case involved novel points on Environmental Impact Assessment of reserved matters application. Appeal dismissed.
  • Brownhills Business Park, Walsall, March 2010 and 2011. Jonathan acted for Walsall Metropolitan Borough Council. Section 78 Appeal for redevelopment of major active Business Park for housing. Case turned on conflict of policies for protection of employment land in Unitary Plan and Regional Strategy. Appeal allowed, but challenged under section 288, High Court quashed the decision with costs and remitted it to the Secretary of State. Appeal withdrawn with costs in 2011.
  • Blue Circle - Bromley Common. Jonathan acted for the appellant obtaining permission on appeal in the dramatic Blue Circle appeal in London Borough of Bromley where his clients obtained approval on appeal for 850 homes on unallocated Green Belt land in Bromley.
  • Brighton and Hove Albion Stadium, Falmer. Acting on behalf of Brighton & Hove Albion Football Club, Jonathan celebrated victory in 2008 for them in a long-s running battle to gain planning permission for the 22,500 seat Amex stadium at Falmer, on the edge of the National Park outside Brighton.

Commons, Towns and Village Greens
Jonathan has appeared in several high profile town and village green cases appearing for or advising both applicants and objectors to registration. Examples include:

St Andrew's Gardens, Gravesend (2010). Jonathan acted pro bono for objectors in five day public inquiry against Morag Ellis QC in a Town and Village Green inquiry in North Kent. The case raised important and novel points of law concerning registration where Council appropriated land under a range of statutory powers and acquisition by adverse possession. Result. Town Green registered on part of application site. Client: Urban Gravesham Civic Society
Fern Road, St Leonards Hastings (2011-12). Lengthy and hard fought 8 day public inquiry where Jonathan acted for the landowner in successfully objecting to and defeating an application for a town green for land which has the benefit of planning permission. Client: Michael Pickup of Town and County Planning Solutions, East Sussex.


EIA/SEA
Jonathan is fully familiar with the principles of SEA and has recently advised Herefordshire in respect of their LDF and its SEA.


Energy and renewables
Jonathan has acted in several windfarm inquiries. His success rate in opposing wind farms of over 65% (well above the 50% national average) speaks for itself. He has provided seminars for local government in Wales concerning the application of Welsh renewable energy policy. Examples:

Crowholt Windfarm, Notts. In January and February 2007, Jonathan represented the local planning authority (Bassetlaw) in a public inquiry concerning the largest on-shore wind farm in England, successfully persuading the Secretary of State to refuse permission.
Grange Farm Wind Farm, Lincolnshire. Jonathan Clay acted for South Holland District Council. Major windfarm application in undesignated Fenland site. Section 78 appeal. Principal issues; landscape, historic buildings, need for renewable energy development, residential amenity. Appeal allowed.
Upper Vaunces Wind Farm, Norfolk. Jonathan acted for Rule 6 party in fully argued long running section 78 appeal concerning large scale wind turbine development. Issues include noise, biodiversity, effect on landscape and historic environment, contamination, flicker. Appeal dismissed.


Green belt and countryside
Jonathan has acted for a number of clients, in relation to a wide range of developments. His Green Belt caseload has included large scale developerment [See Blue Circle - Brormley Common, where Jonathan acted for the appellant obtaining permission on appeal in the dramatic Blue Circle appeal in London Borough of Bromley (July 2007) where his clients obtained approval on appeal for 850 homes on unallocated Green Belt land in Bromley]. He has also acted in complex but also small scale enforcement and non residential development. - See Fidler v SSE [2004] EWCA 1295


Highways and transport infrastructure
Jonathan's highways casework ranges from major motorway and trunk road public inquiries (eg M54, M1) to footpath and right of way cases. He has acted for the Highways Agency and local highway authorities in several high profile cases, including junction improvements and motorway services, motorway widening and by passes.


Housing
Jonathan acts for housing developers on housing and mixed use residential schemes. He has wide experience of acting for developers and local planning authorities in planning appeals in both rural and urban locations, most recently [December 2012] acting for Sunleys in obtaining planning permission for 500 dwellings at Kingsway in Burgess Hill in Mid Sussex. See also Bromley Common, and Brownhills.


Minerals and Waste
Jonathan has acted for mineral extraction developers in several high profile cases, dealing restoration and scope of work, including the major called in inquiry concerning Shoreham Quarry and Cement Works. His expertise in dealing with Environmental Impact issues has proved highly valued.


Planning enforcement
Planning enforcement is one of the most complex areas of planning law. Jonathan acts for appellants at all levels of enforcement work with some very high profile successes. His success rate of over 80% speaks for itself. Most recent cases include

  • Blockade Services Perrylands Lane, Surrey. Section 174 Enforcement Appeal against Surrey County Council. Jonathan acted for the appellant. Substantial waste development in the Green Belt. Raised important points relating to abandonment of previous use. Appeal allowed.
  • Cophall Farm, Surrey: A major airport parking enforcement inquiry at Gatwick Airport in summer 2008. Jonathan represented the appellant. Successfully challenged Inspector's decision in High Court.

Retail development
Jonathan has acted for local authorities and developers in a number of retail and mixed use town centre cases.


Rights of way
Jonathan has represented clients in both public rights of way and private rights of way, including cases involving the mysterious doctrine of Lost Modern Grant.


The Historic Environment
Jonathan has acted in a number of high profile cases involving listed buildings and development in conservation areas, including acting for the Royal Yacht Squadron in respect of Cowes Castle. He is currently representing defendants in a major listed buildings enforcement prosecution in Sussex.


Environment
Environmental Law, including waste disposal, recycling, flooding, control of pollution, species and habitats protection and all areas of associated European law comprise a major area of practice for Jonathan; a long standing member of UKELA. He acted for the successful appellant in the first ever appeal by public inquiry under the section 110 of the Water Resources Act 1991, with a full award of costs against the Environment Agency (see Trewern Argae). He acts for major engineering and recycling firms, including FM Conway, where his complementary planning practice has also stood his clients in good stead (see Chelsfield Ammunition Depot). He has considerable experience in defending prosecutions in the Crown Court and Magistrates' Court for regulatory offences concerning pollution, waste etc and is currently representing clients in respect of a number of alleged offences concerning waste disposal.

Jonathan has advised and successfully represented a number of clients in prosecutions, as well as appeals and High Court challenges in this complex and specialist field of law. His expertise extends to cases including waste permitting, town and country planning, Environmental Protection Acts, Water Resources and Land Drainage Acts , Jonathan has experience across a wide field of relevant legislation ranging from the Town and Country Planning Act 1990 to the Environmental Protection Acts and he can provide advice on procedure, law, evidence, as well as providing representation in the Courts at all levels.

Jonathan has considerable experience advising in respect of this highly specialised environmental law discipline, both in the preparation of local plans and in evidence in planning appeals. He has advised and represented local planning authorities and appellants, working with expert witnesses in respect of existing and potential Natura 2000 and other European protected sites.

Jonathan has provided advice and representation to waste operators on the Landfill Directive and the Environmental Permitting Regulations and on proposals for waste facilities of all kinds. He is currently acting for a waste management company in a prosecution under the Permitting Regulations and preparing to act in a Permitting inquiry and a town and Country Planning Enforcement appeal.


Compulsory purchase and compensation
Jonathan's compulsory purchase experience includes public inquiry work and advice in respect of major infrastructure projects, including the Channel Tunnel Rail Link, East Coast Main Line and major trunk road/motorway projects.

Cases

Supreme Court re-defines the scope of NPPF in relation to 5 year housing land supply
10.05.2017
Court of Appeal approach to "policies of the supply of housing" overturned In a dramatic and far-reaching judgment, the Supreme Court has overturned the received wisdom on the vexed question of....

Cornerstone Barristers in Supreme Court Planning Case
22.02.2017
Jonathan Clay and Ashley Bowes will be appearing today and tomorrow for Suffolk Coastal District Council in the co-joined appeals of Suffolk Coastal DC v Hopkins Homes Ltd and Cheshire....

Cornerstone team wins permission to appeal to Supreme Court in leading housing case
12.07.2016

The Supreme Court has granted permission to Suffolk Coastal District Council and Cheshire East Council to appeal the landmark decision of the Court of Appeal in the case of Suffolk Coastal D.C. v Hopkins Homes and Richborough Estates Partnership LLP v Cheshire East Borough Council.

....

Village Green Registration Quashed on NHS hospital land
14.06.2016
On 14 June 2016 Jonathan Clay acting for NHS Property Services Limited persuaded Mr Justice Gilbart to quash the registration of land as a village green by Surrey County Council....

Historic Brixton nightclub saved – for now
19.05.2016

Planning permission to redevelop Brixton's legendary Club 414 for retail and flats was quashed by consent in the High Court yesterday by order of Mr Justice GIlbart.

....

Court of Appeal clarifies meaning of “policies for the supply of housing” at paragraph 49 NPPF
17.03.2016

In joined appeals Hopkins v SSCLG and Cheshire East DC v SSCLG [2016] EWCA Civ [168] the Court of Appeal considered the scope of paragraph 49 NPPF, which is engaged where a Council cannot demonstrate a five-year supply of deliverable housing sites in accordance with paragraph 47 NPPF.

....

Court of Appeal considers what are “policies for the supply of housing
14.01.2016

The Court of Appeal will today and tomorrow hear arguments in the joined appeals of Hopkins Homes Ltd v SSCLG and Cheshire East BC v SSCLG.

....

Club wins Round 1 of legal fight to save Brixton Night Spot
18.12.2015
The legal challenge to Lambeth Council's decision to grant planning consent for controversial housing development that would lead to the closure of one of Brixton's best known night clubs has....

Local Government Lawyer: Nightclub owner wins permission
18.12.2015

Local Government Lawyer has reported the High Court decision to grant permission on all grounds to challenge the decision of Lambeth Council to grant consent for development which would have resulted in the closure of Club 414 in Coldharbour Lane, Brixton.

....

Sussex Solar Farm planning permission quashed
16.12.2015
The High Court has quashed planning consent for a large scale solar farm in the open countryside in Sussex. The consent had been granted by Mid Sussex District Council for....

Cornerstone Barristers instructed in Brixton nightclub judicial review
22.10.2015

Cornerstone Barristers' Jonathan Clay and Matt Lewin have been instructed by Louise Barron, owner of the legendary Club 414 in Brixton, in an attempt to save the club from closure after Lambeth Council granted planning permission for a change of use of the building from nightclub (sui generis) to A1 retail and residential.

....

Cornestone Barristers acts for local resident in successful village green application
29.09.2015
Ashley Bowes has successfully represented a local resident, Mrs Flip Cargill, to register Leach Grove Woods, Leatherhead, Surrey as a new village green. Despite their Inspector William Webster having concluded....

Pickles Overrules Inspector Over Three Norfolk Turbines
26.01.2015

For the second time in three years proposals for a major windfarm site in Norfolk have been turned down due to impacts on the historic landscape at Upper Vaunces Farm near Dickleburgh in Norfolk.

....

Truro City Council v Cornwall Council [2013] EWHC 2525
21.08.2013

The Administrative Court (Frances Patterson QC, sitting as a Deputy High Court Judge) rejected a wide-ranging challenge by Truro CC against the grant of planning permission by Cornwall Council in

....

Fern Road, St Leonards [2012]
20.07.2012

Jonathan Clay recently successfully acted for a Sussex housing developer objecting to a village green registration on a site at Fern Road, St Leonards, that already had planning permission for ...

....

R. v. East Sussex CC ex p. Reprotech (Pebsham) Ltd, House of Lords, [2002] UKHL 8
01.01.2012

Seminal case on estoppel and jurisdiction. Probably one of the most important planning law cases in the last five years.

....

Training Session for Kent Secretaries
09.03.2007

Training Session for Kent Secretaries
Friday, March 09, 2007

....

Henry Boot Homes Ltd. v Bassetlaw District Council [2002] EWCA Civ 983
01.01.2002
Conditions precedent and implementation of planning permissions. See full text of case....

News

Local Government Lawyer - Nightclub owner wins permission
18.12.2015
Local Government Lawyer has reported the High Court decision to grant permission on all grounds to challenge the decision of Lambeth Council to grant consent for development which would have....

Cornerstone Annual Planning Day
17.11.2015
"From Green to Blue – planning under the Conservatives" The Cornerstone Annual Planning Day, which took place on 16th November at the Royal College of Surgeons, saw a number of  planning consultants, solicitors and....

South Norfolk Wind Farm appeal dismissed
29.10.2012

Jonathan Clay (4Villages) and Asitha Ranatunga (South Norfolk DC) have successfully resisted a commercial wind farm scheme for 3 turbines (each 126m to blade tip) near Dickleburgh in South Norfolk. ...

....

Planning Inspector upholds established approach to planning units
25.04.2012

Jonathan Clay was recently successful in an appeal against a refusal in part of Sevenoaks District Council to grant a certificate of lawful development in relation to a former MOD

....

Community Infrastructure Levy (CIL): What it means for you
19.03.2011

Community Infrastructure Levy (CIL): What it means for you Saturday, March 19, 2011 CIL is set to be an important measure to allow Councils to ensure development can go ...

....

Is Planning Enforcement facing a New Era?
16.02.2011

Is Planning Enforcement facing a New Era?
Wednesday, February 16, 2011

....

Brighton & Hove Albion Football Club wins battle for planning permissio
24.07.2007

Brighton & Hove Albion Football Club wins battle for planning permission
Tuesday, July 24, 2007

....

Events

West Midlands Planning Seminar (Public Sector)
26.09.2016

2
Cornerstone Barristers and Birmingham City Council invite you to the West Midlands Planning Law Seminar taking place on Monday 26th September at 43 Temple Row, Birmingham, B2 5LS. Aimed at local....

Overview

Jonathan has wide experience of Judicial Review and statutory legal challenges in the High Court and Court of Appeal, acting for either applicant or respondents.

Recent High Court work has included successfully challenging the grant of planning permission for development affecting listed buildings, defending planning permissions for major mixed use development and infrastructure projects, representing a County Highway Authority in respect of the meaning and application of section 278 agreement, successful section 289 enforcement notice and section 288 planning appeals.

Cases:

Judicial Review/Statutory High Court challenge

  • (on the application of Trustees of the Cecil Estate Family Trust) v South Kesteven DC[2015] EWHC 1978 Development; Listed buildings; Planning permission: Status: Decision successfully quashed.
  • (on the application of Oxted Residential Ltd) v Secretary of State for Communities and Local Government[2015] EWHC 1484 Local Plan section 113, CIL schedule. Status: Under appeal to Court of Appeal due to be heard February 2016.
  • Hopkins Homes Ltd v Secretary of State for Communities and Local Government[2015] EWHC 132 NPPF, policies for supply of housing, settlement limits. Status: Under appeal to Court of Appeal. Due to be heard November 2015
  • Village Developments Plc v Tandridge DC[2014] EWHC Judicial review. Tree Preservation Order. Status: Decision successfully quashed.
  • R. (on the application of Corbett) v Cornwall Council[2013] EWHC 3958 (admin) wind farm, listed buildings, Habitat Regulations. Status: Application successfully resisted.
  • Truro City Council v Cornwall Council [2013] EWHC 2525. Major mixed development, development plan policy. Status: Application successfully resisted.

Judicial review is a regular feature of Jonathan's High Court practice, acting for both applicants and defendants. Jonathan's work in this field is at all levels, including statutory appeals (section 288 and 289) as well as Part 54 applications. For examples see: Fidler v. SSETR [2004] EWCA 1295; Catt v Brighton [2007] EWCA Civ 298; Westminster City Council v Cordiani [2013] ] EWHC 23 (Admin).

Cases

Cornerstone Barristers in Supreme Court Planning Case
22.02.2017
Jonathan Clay and Ashley Bowes will be appearing today and tomorrow for Suffolk Coastal District Council in the co-joined appeals of Suffolk Coastal DC v Hopkins Homes Ltd and Cheshire....

Club wins Round 1 of legal fight to save Brixton Night Spot
18.12.2015
The legal challenge to Lambeth Council's decision to grant planning consent for controversial housing development that would lead to the closure of one of Brixton's best known night clubs has....

News

Local Government Lawyer - Nightclub owner wins permission
18.12.2015
Local Government Lawyer has reported the High Court decision to grant permission on all grounds to challenge the decision of Lambeth Council to grant consent for development which would have....

Local Government Lawyer - Nightclub owner seeks judicial review over permission for change of use
02.11.2015
Local Government Lawyer has reported on the decision by the owners of Club 414 in Brixton to bring a judicial review claim in relation to Lambeth Council's decision to grant planning permission for....

Overview

Jonathan has a highly successful track record of defending clients in Crown Court and Magistrates' Court, as well as statutory tribunals and inquiries for alleged "regulatory" offences. This includes a range of planning and environmental enforcement notice cases concerning unauthorised development, demolition and alteration of listed buildings, work to protected trees, waste disposal, flood protection, control of pollution and health and safety.

Cases include:

Trewern Argae, Chelsfield Ammunition Depot, In R. v. OAO East Sussex County Council v SSCLG & Robins [2009] EWHC 3841. (Judicial Review), Jonathan acted for Second Defendant in enforcement appeal under section 289. [Secretary of State not represented]. The permission hearing was treated as final hearing by Judge. Important case on powers to correct enforcement Notices and duties of respective authorities in mixed use cases involving both County and District matters. On Jonathan's submission in section 174 appeal, Enforcement Notice had been quashed by Inspector and costs awarded against ESCC. ESCC challenged by JR. SS did not appear at permission hearing. ESCC Application dismissed. Opposing Counsel: Lisa Busch for ESCC. [2009] EWHC 3841is also reported in summary at JPL [2011] Clients Craig Noel (Director of Planning) Strutt and Parker, Lewes and Messrs Heringtons, Solicitors, Eastbourne, BN21 4 RY.

Cases

Cornerstone Barristers instructed in Brixton nightclub judicial review
22.10.2015

Cornerstone Barristers' Jonathan Clay and Matt Lewin have been instructed by Louise Barron, owner of the legendary Club 414 in Brixton, in an attempt to save the club from closure after Lambeth Council granted planning permission for a change of use of the building from nightclub (sui generis) to A1 retail and residential.

....

News

Brighton & Hove Albion Football Club wins battle for planning permissio
24.07.2007

Brighton & Hove Albion Football Club wins battle for planning permission
Tuesday, July 24, 2007

....

Local Government Lawyer - Nightclub owner wins permission

18th December 2015

Local Government Lawyer has reported the High Court decision to grant permission on all grounds to challenge the decision of Lambeth Council to grant consent for development which would have resulted in the closure of Club 414 in Coldharbour Lane, Brixton.

Jonathan Clay and Matt Lewin of Cornerstone Barristers are acting on behalf of the manager of Club 414.

Read the full article here.

Local Government Lawyer - Nightclub owner seeks judicial review over permission for change of use

2nd November 2015

Local Government Lawyer has reported on the decision by the owners of Club 414 in Brixton to bring a judicial review claim in relation to Lambeth Council's decision to grant planning permission for a change of building use.

Jonathan Clay and Matt Lewin of Cornerstone Barristers have been instructed to bring the claim on behalf of the owners.

  • Planning and Environmental Bar Association (PEBA)
  • UK Environmental Lawyers Association (UKELA)
  • Pro Bono Unit
  • 1990 - 1992 - Lecturer in Constitutional and Administrative Law. University of Westminster

Case

Supreme Court re-defines the scope of NPPF in relation to 5 year housing land supply

10th May 2017

Court of Appeal approach to "policies of the supply of housing" overturned In a dramatic and far-reaching judgment, the Supreme Court has overturned the received wisdom on the vexed question of....

Case

Cornerstone Barristers in Supreme Court Planning Case

22nd February 2017

Jonathan Clay and Ashley Bowes will be appearing today and tomorrow for Suffolk Coastal District Council in the co-joined appeals of Suffolk Coastal DC v Hopkins Homes Ltd and Cheshire....

Case

Cornerstone team wins permission to appeal to Supreme Court in leading housing case

12th July 2016

The Supreme Court has granted permission to Suffolk Coastal District Council and Cheshire East Council to appeal the landmark decision of the Court of Appeal in the case of Suffolk Coastal D.C. v Hopkins Homes and Richborough Estates Partnership LLP v Cheshire East Borough Council.

....

Case

Village Green Registration Quashed on NHS hospital land

14th June 2016

On 14 June 2016 Jonathan Clay acting for NHS Property Services Limited persuaded Mr Justice Gilbart to quash the registration of land as a village green by Surrey County Council....

Case

Historic Brixton nightclub saved – for now

19th May 2016

Planning permission to redevelop Brixton's legendary Club 414 for retail and flats was quashed by consent in the High Court yesterday by order of Mr Justice GIlbart.

....

Case

Court of Appeal clarifies meaning of “policies for the supply of housing” at paragraph 49 NPPF

17th March 2016

In joined appeals Hopkins v SSCLG and Cheshire East DC v SSCLG [2016] EWCA Civ [168] the Court of Appeal considered the scope of paragraph 49 NPPF, which is engaged where a Council cannot demonstrate a five-year supply of deliverable housing sites in accordance with paragraph 47 NPPF.

....

Case

Court of Appeal considers what are “policies for the supply of housing

14th January 2016

The Court of Appeal will today and tomorrow hear arguments in the joined appeals of Hopkins Homes Ltd v SSCLG and Cheshire East BC v SSCLG.

....

News

Local Government Lawyer - Nightclub owner wins permission

18th December 2015

Local Government Lawyer has reported the High Court decision to grant permission on all grounds to challenge the decision of Lambeth Council to grant consent for development which would have....

Case

Club wins Round 1 of legal fight to save Brixton Night Spot

18th December 2015

The legal challenge to Lambeth Council's decision to grant planning consent for controversial housing development that would lead to the closure of one of Brixton's best known night clubs has....

Case

Local Government Lawyer: Nightclub owner wins permission

18th December 2015

Local Government Lawyer has reported the High Court decision to grant permission on all grounds to challenge the decision of Lambeth Council to grant consent for development which would have resulted in the closure of Club 414 in Coldharbour Lane, Brixton.

....

Case

Sussex Solar Farm planning permission quashed

16th December 2015

The High Court has quashed planning consent for a large scale solar farm in the open countryside in Sussex. The consent had been granted by Mid Sussex District Council for....

News

Cornerstone Barristers ranked in top 10 of 2015 Diversity League Table

18th November 2015

Cornerstone Barristers has ranked in eighth position in the chambers category of the 2015 Diversity League Table, published by the Black Solicitors Network. The Diversity League Table is the definitive guide....

News

Cornerstone Annual Planning Day

17th November 2015

"From Green to Blue – planning under the Conservatives" The Cornerstone Annual Planning Day, which took place on 16th November at the Royal College of Surgeons, saw a number of  planning consultants, solicitors and....

News

Local Government Lawyer - Nightclub owner seeks judicial review over permission for change of use

2nd November 2015

Local Government Lawyer has reported on the decision by the owners of Club 414 in Brixton to bring a judicial review claim in relation to Lambeth Council's decision to grant planning permission for....

Case

Cornerstone Barristers instructed in Brixton nightclub judicial review

22nd October 2015

Cornerstone Barristers' Jonathan Clay and Matt Lewin have been instructed by Louise Barron, owner of the legendary Club 414 in Brixton, in an attempt to save the club from closure after Lambeth Council granted planning permission for a change of use of the building from nightclub (sui generis) to A1 retail and residential.

....

Case

Cornestone Barristers acts for local resident in successful village green application

29th September 2015

Ashley Bowes has successfully represented a local resident, Mrs Flip Cargill, to register Leach Grove Woods, Leatherhead, Surrey as a new village green. Despite their Inspector William Webster having concluded....

Case

Cornerstone Barristers successfully resists village green application for NHS

19th June 2015

Jonathan Clay of Counsel, instructed by Capsticks Solicitors, has successfully appeared for the NHS in a public inquiry resisting an application launched by Leatherhead residents who sought to have woodland adjoin Leatherhead Community Hospital registered as a Town or Village Green.

....

Case

Pickles Overrules Inspector Over Three Norfolk Turbines

26th January 2015

For the second time in three years proposals for a major windfarm site in Norfolk have been turned down due to impacts on the historic landscape at Upper Vaunces Farm near Dickleburgh in Norfolk.

....

Case

Truro City Council v Cornwall Council [2013] EWHC 2525

21st August 2013

The Administrative Court (Frances Patterson QC, sitting as a Deputy High Court Judge) rejected a wide-ranging challenge by Truro CC against the grant of planning permission by Cornwall Council in

....

News

South Norfolk Wind Farm appeal dismissed

29th October 2012

Jonathan Clay (4Villages) and Asitha Ranatunga (South Norfolk DC) have successfully resisted a commercial wind farm scheme for 3 turbines (each 126m to blade tip) near Dickleburgh in South Norfolk. ...

....

Case

Fern Road, St Leonards [2012]

20th July 2012

Jonathan Clay recently successfully acted for a Sussex housing developer objecting to a village green registration on a site at Fern Road, St Leonards, that already had planning permission for ...

....

News

Planning Inspector upholds established approach to planning units

25th April 2012

Jonathan Clay was recently successful in an appeal against a refusal in part of Sevenoaks District Council to grant a certificate of lawful development in relation to a former MOD

....

Case

R. v. East Sussex CC ex p. Reprotech (Pebsham) Ltd, House of Lords, [2002] UKHL 8

1st January 2012

Seminal case on estoppel and jurisdiction. Probably one of the most important planning law cases in the last five years.

....

News

Community Infrastructure Levy (CIL): What it means for you

19th March 2011

Community Infrastructure Levy (CIL): What it means for you Saturday, March 19, 2011 CIL is set to be an important measure to allow Councils to ensure development can go ...

....

News

Is Planning Enforcement facing a New Era?

16th February 2011

Is Planning Enforcement facing a New Era?
Wednesday, February 16, 2011

....

Case

R. v. OAO East Sussex County Council v SSCLG & Robins [2010] EWHC 4841

1st January 2010

Reported Case summaries JPL [2010] 89. Judicial Review. Jonathan Clay acted for Second Defendant. Sec of State not represented. Permission hearing treated as final hearing by Judge.

....

News

Brighton & Hove Albion Football Club wins battle for planning permissio

24th July 2007

Brighton & Hove Albion Football Club wins battle for planning permission
Tuesday, July 24, 2007

....

Case

Training Session for Kent Secretaries

9th March 2007

Training Session for Kent Secretaries
Friday, March 09, 2007

....

Case

Henry Boot Homes Ltd. v Bassetlaw District Council [2002] EWCA Civ 983

1st January 2002

Conditions precedent and implementation of planning permissions. See full text of case....

News

Major Public Enquiries

1st January 2001

Trewern Argae (September/October 2008) First ever appeal/inquiry under section 110 of Water Resources Act 1991 against refusal of consent by environment agency for flood embankment. Involved issues concerning floodplain protection....

EVENT

West Midlands Planning Seminar (Public Sector)

26th September 2016

2

Cornerstone Barristers and Birmingham City Council invite you to the West Midlands Planning Law Seminar taking place on Monday 26th September at 43 Temple Row, Birmingham, B2 5LS. Aimed at local....