Josef Cannon

Josef advises and represents all sides in town & country planning and environment matters and is recognised as a leading planning junior in the Legal 500, which notes that he 'is extremely knowledgeable and able to think on his feet'. He was recently identified as one of the top planning juniors in Planning Magazine's annual survey of the Bar (2016).

He is a contributor to Cornerstone on the Planning Court.

In the last 18 months he has:
• Acted for a number of Essex authorities in a series of high-profile inquiries into proposed residential schemes, including issues of housing land supply, transport impact, landscape, heritage, sustainability and ecology, as well as advising on strategy generally;
• Acted for a Central London authority in respect of a conversion of a large former hotel to residential units;
• Acted, on a direct access basis, for the Appellant in an enforcement inquiry concerning replacement dwelling in the countryside involving issues of abandonment;
• Successfully represented a London local authority in defending its decision to refuse planning permission for a new sports hall for a private school on Metropolitan Open Land;
• Defended a national brewer in a prosecution in respect of unlawful advertisement on its estate; and
• Appeared at an inquiry into the refusal to grant planning permission for a solar farm in East Anglia.

Planning enforcement
Josef is regularly instructed in enforcement cases, ranging from householder extensions and changes of use to gypsy and traveller sites. He has experience of appearing in the High Court on applications for injunctions and has experience in prosecuting breaches of enforcement notices in the magistrates' court, as well as hearings, inquiries, and advisory work across the field of enforcement.

Green belt and countryside
Much of Josef's planning experience involves the question of protection of the Green Belt and countryside. By their nature, most gypsy and traveller sites tend to be either in the Green Belt or the countryside and Josef has extensive experience in that field. He also has experience of cases involving the re-use of buildings in the Green Belt, incursions into the countryside and development within National Parks. He recently successfully defended a refusal of permission to build a new sports hall on Metropolitan Open Land in London.

Housing
Josef has experience of planning for housing, ranging from the small scale (a terrace of four houses in a conservation area in Norwich) to the large scale (in several recent inquiries for large numbers of housing units in the countryside in Essex, involving considerations of impact on landscape, heritage, questions of housing land supply and conformity with local plans). He is particularly experienced in matters concerning 5-year supply of housing land and Objectively Assessed Needs. He has advised and represented both developers and planning authorities in numerous cases involving the provision of housing, including affordable housin

The historic environment
Josef has been instructed in a number of cases involving both listed buildings and conservation areas. He successfully resisted the insensitive redevelopment of a large hall in Essex on the basis of its inappropriate reconfiguring of the farmstead layout, advised on the proposed renovation of a Victorian folly in Kent and has advised and represented both sides of the dispute in appeals involving conservation areas, ranging from a proposed driving range on the edge of a conservation-area village in Cheshire to a new large-scale office development in Windsor. He recently successfully resisted a proposal for 100+ dwellings in close proximity to Thaxted's St John's Parish Church and Conservation Area, and a similar-scale proposal adjacent to Clavering Castle in Essex.

Environment
Josef advises and represents all sides in environmental matters, both in respect of planning but also on the regulatory side. In particular he has:
• Particular experience of, and interest in, enforcement cases, including enforcement appeals, s.215 notices and under environmental legislation;
• Conducted a number of complex appeals against Abatement Notices, including against a large landfill operator;
• Represented a local amenity group at the Public Examination of the Surrey Waste Plan;
• Appeared at numerous appeals before Inspectors; and
• Appeared in and advised upon challenges under s.288, 289 and in judicial review.

Environmental prosecutions
Josef regularly appears in respect of environmental enforcement including prosecutions in the magistrates' court in respect of matters under the Environmental Protection Act and in particular in respect of waste.
Please see Josef's case: Wandsworth LBC v Rashid

Habitats and species protection
Josef has extensive experience of dealing with the European legislation on habitats and species protection in respect of his planning practice, including involving the Thames Basin Heath Special Protection Area. See his planning practice for more details.

Noise
Josef has regularly advised and represented clients in respect of litigation involving noise abatement notices and other matters relating to noise and the Environmental Protection Act. He has recently been advising a local authority on a noise abatement notice and enforcement powers in respect of a concrete crusher on a large industrial estate, and has experience of noise cases ranging from crowing cockerels through barking dogs to loud music and industrial noise.

Josef advises and represents local authorities, responsible authorities, the licensed trade and objectors on all matters under the Licensing Act 2003. He has a great deal of experience in appearing before Licensing Sub-Committees and on appeal before Magistrates' Courts, as well as in the High Court on judicial reviews; and has also acted as Legal Advisor to Sub-Committees. He regularly trains and lectures on licensing law and the implications of the Licensing Act, as well as on related matters such as taxi licensing and gambling.

He is recognised as a leading junior for licensing by Chambers & Partners ("He's very approachable and gets results." "Capable beyond his years, he's an impressive advocate. He knows which buttons to push"; "very personable and pitches his case at the appropriate level." "He is good in front of both committees and courts") and the Legal 500 ("Always goes the extra mile, and is the instructing solicitors' dream counsel.")

In particular he has:
• Appeared in the High Court in judicial review proceedings in respect of Sex Entertainment Venue licences, including in R(KVP ENT Ltd) v South Bucks DC [2013] EWHC 926 and R(Bean Leisure Trading A Ltd) v Leeds CC [2014] EWHC 878 (Admin);
• Appeared regularly in Magistrates Courts both mounting and defending appeals against licensing decisions, including challenges to policy;
• Acted regularly for the Metropolitan Police in respect of reviews and other licensing matters within London;
• Acted for a bar and nightclub in Ipswich in successfully resisting an appeal by the Police against an extension of hours; and
• Acted for a number of local authorities in conjunction with Trading Standards teams in connection with under-age sales of alcohol;

He is a contributor to Philip Kolvin's book Licensed Premises: Law Practice and Practice (Bloomsbury, 2013), and to Gambling for Local Authorities, Licensing, Planning and Regeneration (Institute of Licensing, 2007). He also co-edits the Licensing volume of Atkin's Court Forms. Josef also regularly writes for the Journal of Licensing on various topics relating to licensing.

Much of Josef's practice in the areas of licensing, planning, housing and judicial review involve questions of public law. He appears in courts of all levels litigating public law matters and advises on a broad range of public law questions and advises and represents both claimants and respondents in judicial review cases, particularly involving local authorities, and where the subject matter is related to his core areas of practice.

Often his practice brings together questions of both public and private law and the breadth of his practice means he is in a good position to accommodate that requirement.

Josef retains a busy civil practice, covering most aspects of civil litigation from contractual disputes through employment matters to injunctions, arbitrations and boundary disputes.

Arbitration and mediation
Josef is experienced in arbitration, having advised in a number of cases and recently appeared as junior in a multi-million pound commercial arbitration involving a local authority.

Land and property disputes
Although the majority of Josef's experience in respect of land and property is either housing-related or planning related, he also has experience of advising and representing parties in property disputes including issues over boundaries and rights of way. he is regularly instructed in the First Tier and Upper Tribunals.

Regulatory law
Josef has acted in a large number of appeals against Abatement Notices under the Environmental Protection Act 1990; he also prosecutes and defends in the magistrates and crown courts, often in cases involving public authorities. He is also appears regularly in benefit fraud, planning and licensing matters for and against local authorities. He has also appeared at inquests on health and safety matters. He appeared (successfully) in Wandsworth LBC v Rashid [2009] EWHC 1844 (Admin), concerning the local authority's waste enforcement policy and abuse of process.

Josef advises and represents private and public sector landlords and tenants in respect of property matters, including appearing at the LVT, in the County Court, in respect of enfranchisement of leaseholders and in general landlord and tenant matters. He also advises and represents both claimants and defendants in boundary disputes.

Commercial and landlord tenant
Josef has considerable experience of advising and representing in cases involving commercial leases, mainly in respect of forfeiture proceedings, both for landlords and for tenants.

Residential landlord and tenant
As well as his considerable experience in the field of social housing, Josef regularly acts for private landlords (and tenants of private landlords) in all matters from injunctions to possession orders.

Service charges
Josef is regularly instructed in the LVT and the Residential Property Tribunal on all matters ranging from leasehold enfranchisement to service charge disputes, on behalf of freeholders and leaseholders. He has advised and lectured on a number of aspects relating to the law concerning service charges.

Josef acts both for landlords and tenants, both public and private; he provides advice and representation in all types of housing cases, including for rent arrears, nuisance and anti-social behaviour; he is regularly instructed by a range of local authorities, commercial landlords, RPs and tenants.

He also conducts homelessness appeals under section 204, judicial reviews of local authority decisions; and acts in other housing litigation including injunctions, disrepair claims, interlocutory hearings and committals.

In particular he has:
• Acted for local authorities in s.204 appeals on intentionality, suitability of accommodation and vulnerability;
• Obtained possession orders and injunctions in complex and difficult anti-social behaviour cases;
• Resisted possession orders for tenants with disrepair issues;
• Conducted numerous 'tenancy fraud' and non-occupation trials; and
• Appeared in committal proceedings for breaches of ASBIs and other injunctions.

Anti – social behavior
Josef acts both for landlords and tenants in respect of noise and anti-social behavior issues; he is regularly instructed by a range of local authorities, commercial landlords, RPs and tenants.
In particular he has:
• Obtained possession orders and injunctions in complex and difficult anti-social behaviour cases;
• Resisted possession orders for tenants with anti-social behavior and disrepair issues;
• Appeared in committal proceedings for breaches of ASBIs and other injunctions.

Disrepair and housing conditions
Josef acts both for landlords and tenants, both public and private, in respect of disrepair and housing condition cases; he provides advice and representation, including disrepair claims, injunctions, HMO licence breaches and in respect of hazardous properties. He is regularly instructed by a range of local authorities, commercial landlords, RPs and tenants.

Homelessness and allocations
Josef conducts homelessness appeals under section 204, judicial reviews of local authority decisions; and acts in other homelessness-related litigation. In particular he has:
• Acted for local authorities and applicants in s.204 appeals on intentionality, suitability of accommodation and vulnerability;
• Advised on allocations policies; and
• conducted s.204A appeals and judicial reviews related to homelessness issues.

Possession and eviction
Josef acts both for landlords and tenants, both public and private; he provides advice and representation in all types of housing cases, including for rent arrears, nuisance and anti-social behaviour; he is regularly instructed by a range of local authorities, commercial landlords, RPs and tenants.

In particular he has:
• Obtained possession orders and injunctions in complex and difficult anti-social behaviour cases;
• Resisted possession orders for tenants with disrepair issues;
• Conducted numerous 'tenancy fraud' and non-occupation trials; and
• Conducted a large number of 'left in occupation' and succession cases.

Rents and service charges
Josef is regularly instructed for national managing agents in respect of service charge and related disputes, including in respect of a large scheme of flats in East London. He is experienced in appearing before the First-Tier Tribunal in all leasehold-related matters.