Expertise

• Planning and Environment
  • Overview
  • Cases
  • News

  Josef advises and represents all sides in town & country planning and environment matters and is recognised as a leading planning junior in Chambers & Partners and the Legal 500. He is identified as one of the top planning juniors in Planning Magazine’s annual survey of the Bar.

  He is a contributor to Cornerstone on the Planning Court.

  In recent times he has:

  • Obtained a consent order on behalf of his local authority client in the high-profile High Court challenge as to whether the definition of ‘deliverable’ in the NPPF was a ‘closed list’ of site types (the consent order quashed the decision, which had been unfavourable to the authority).
  • Acted for Maldon DC in the High Court and Court of Appeal, defending a judicial review challenge to its grant of planning permission for a new dwelling in the countryside;
  • Defended a judicial review of East Suffolk’s decision to grant planning permission for a new activities lake at a children’s adventure facility on the Suffolk coast;
  • Advised a local authority on its emerging local plan in the lead-up to a move to unitary status;
  • 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, on a direct access basis, for the Appellant in an enforcement inquiry concerning replacement dwelling in the countryside involving issues of abandonment; and
  • Secured, via mediation, a compromise in a highly controversial enforcement case involving a large and modern new house in a Norfolk village.

  Planning enforcement
  Josef is regularly instructed in enforcement cases, ranging from householder extensions and changes of use to gypsy and traveller sites, and more recently questions relating to the ‘prior approval’ provisions in the GPDO. He regularly appears in the High Court on applications for injunctions and committals, and prosecutes and defends breaches of enforcement notices in the magistrates’ court, as well as conducting 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. His residential workload is invariable relating to greenfield sites, and (by their nature) most gypsy and traveller sites tend to be either in the Green Belt or the countryside. 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’s main workload relates to 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 the south-east, 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 housing need. He has advised and represented both developers and planning authorities in numerous cases involving the provision of housing, including affordable housing.

  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, defended refusal of a scheme for housing immediately adjacent to a registered Park and Garden, 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 and the Essex Coast. 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.

  • “Grasping the Nettle”: how far into the thicket do you have to reach?08 Dec 2021
  • Must you, and can you, count past over-supply of housing against annual requirements when calculating your five-year supply?19 Oct 2021
  • The NPPF definition of ‘deliverable’ is not a closed list18 Jun 2020
  • Court of Appeal uphold Maldon’s approach to a previous planning permission23 Jul 2019
  • Common sense approach to the ‘tilted balance’, as the sun begins to set on paragraphs 14 and 4907 Mar 2018
  • Right of residents of architect-designed self-build scheme to rely on restrictive covenants against extensions upheld by Upper Tribunal01 Jan 2018
  • Secretary of State (belatedly) reveals thinking on a number of crucial housing land supply controversies01 Jan 2018

  • Josef Cannon begins a planning inquiry into a proposal for 450 new homes at Fiddington01 Feb 2022
  • Cornerstone Planning Day 2021 – Tickets available20 Sep 2021
  • Mediation and planning: Here to stay?26 Jul 2021
  • Cornerstone Quarterly Development – Special Edition13 Aug 2020
  • NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
  • Housing Land Supply in the time of coronavirus06 May 2020
  • Planning enforcement during the lockdown – is mediation the solution?04 May 2020
  • Planning Law Survey 2020 – Barristers at Cornerstone among the “most-admired”30 Mar 2020
  • New article: Journal of Licensing, Public nuisance in licensing01 Jul 2019
  • Planning for new homes – the National Audit Office report08 Feb 2019
  • NPPF2: A new planning rulebook, or more of the same?25 Jul 2018
  • For the Birds? The Habitats Regulations and the Licensing of Outdoor Festivals21 May 2018
  • Housing crisis at centre of proposed changes to NPPF01 Jan 2018
  • Cornerstone Leisure Newsletter February 201701 Jan 2018
  • Cornerstone Leisure Newsletter May 201701 Jan 2018
  • Cornerstone on the Planning Court29 Oct 2015
• Licensing
  • Overview
  • Cases
  • News

  Josef is co-chair of the Licensing Team at Cornerstone Barristers.

  He advises and represents local authorities, responsible authorities, the licensed trade and objectors on all matters under the Licensing Act 2003, the taxi licensing regimes, and in respect of sex licensing. He has appeared before very many Licensing Sub-Committees across the country, 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 and sex licensing and gambling.

  He is recognised as a leading junior (Band 1) for licensing by Chambers & Partners (“admired for his personable advocacy style”) and the Legal 500 (“very thorough, with excellent advocacy skills.”)

  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);
  • Successfully defended the first appeal in the country against interim steps (on a summary review of a premises licence) having been imposed pending appeal against revocation
  • Appeared regularly in Magistrates Courts both mounting and defending appeals against licensing decisions, including challenges to policy;
  • Advised local authorities on their new Statements of Licensing Policy;
  • Acted regularly for the Metropolitan Police in respect of reviews and other licensing matters within London;
  • Acted as junior counsel in the high-profile litigation concerning Fabric nightclub in London; 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-edited the Licensing volume of Atkin’s Court Forms. Josef also regularly writes for the Journal of Licensing on various topics relating to licensing.

  • Divisional Court clarifies rules relating to private hire vehicle operators in London06 Dec 2021
  • Step Changes Proposed to Summary Reviews01 Jan 2018
  • Fabric01 Jan 2018
  • Is this the first Interim Steps appeal under the new s.53D?01 Jan 2018
  • Lap dance no more: Courts affirm wide powers to refuse renewals01 Jan 2018
  • First s.53D interim steps appeal dismissed01 Jan 2018
  • Admin Court decision confirms breadth of discretion when deciding sex establishment licences; and extent of duty to give reasons.01 Jan 2018
  • Breadth Of Discretion In Respect Of Applications For Minor Variations Under S.41a And B Licensing Act 2003 Considered And Confirmed01 Jan 2018

  • NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
  • Contact tracing for licensed premises: what you need to know25 Jun 2020
  • New article: Journal of Licensing, Public nuisance in licensing01 Jul 2019
  • For the Birds? The Habitats Regulations and the Licensing of Outdoor Festivals21 May 2018
  • Joe speaking at the Institute of Licensing09 Mar 2018
  • Cornerstone Leisure Newsletter February 201701 Jan 2018
  • Cornerstone Leisure Newsletter May 201701 Jan 2018
  • Betting industry bracing over new government consultation on gambling01 Jan 2018
  • Cornerstone Barristers appointed to the Gambling Commission’s panel01 Jan 2018
• Public Law and Judicial Review
  • Overview
  • Cases
  • News

  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 and statutory 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.

  • Court of Appeal uphold Maldon’s approach to a previous planning permission23 Jul 2019
  • Licensing Act 2003 appeals: is JR available if time is short?01 Jan 2018
  • Secretary of State (belatedly) reveals thinking on a number of crucial housing land supply controversies01 Jan 2018

  • NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
  • Crown Prosecution Service drops prosecutions against Extinction Rebellion protesters28 Nov 2019
  • Cornerstone Housing Newsletter – February 201601 Jan 2018
  • Cornerstone Leisure Newsletter February 201701 Jan 2018
  • Housing crisis at centre of proposed changes to NPPF01 Jan 2018
• Commercial and Regulatory
  • Overview
  • News

  Josef retains a busy civil practice, covering most aspects of civil litigation from contractual disputes to injunctions, mediations, arbitrations and boundary disputes. He has a particular interest in alternative dispute resolution, especially by mediation.

  Arbitration and mediation
  Josef is a mediator, which makes him particularly able to represent clients in ADR proceedings ( as well as act as a mediator in difficult disputes involving his areas of expertise and beyond). He recenty acted for a Norfolk authorty in a highly controversial and acrimonious planning enforcement case which went to mediation; and a compromise was reached. He also has experience in arbitration, having advised in a number of cases and 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- 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, and has particular interest in disputes over service charges in residential properties. He recently acted pro bono for a Southwark resident and won a substantial discount on his service charges in respect of heating and hot water.

  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.

  • Cornerstone Leisure Newsletter February 201701 Jan 2018