020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Josef's practice at the Bar focuses on licensing, town and country planning, regulatory work and property including landlord and tenant.
He acts for and advises a wide range of local authorities, the licensed trade, developers, regulatory bodies, landlords and private individuals. He is also an accredited mediator, with particular expertise in mediating disputes in the public sector, particularly where they relate to planning or licensing.
Josef Cannon is a graduate of Kings College, London, and was called to the Bar by Lincoln's Inn in 2002.
For Licensing, he is recognised as a leading junior in both the Legal 500 2016 and Chambers & Partners 2016, described by the former as "empathetic with clients and operators" and by Chambers as "an extremely effective cross-examiner" who "has local knowledge, is politically aware and adds value".
In Planning the Legal 500 recognises him as a leading junior and describes him as "Always very well prepared but able to think on his feet". He has particular experience in residential development and housing land supply issues, as well as enforcement appeals.
Josef also has experience of regulatory work (including significant experience prosecuting and defending environmental matters) and continues to be instructed by those involved in residential landlord and tenant disputes.
Josef graduated in 2017 from the acclaimed accredited mediation course at Regents University, led by the late Paul Randolph. He mediates all forms of dispute but has particular expertise in the fields of planning, licensing and the public sector, where he is able to bring to bear his knowledge of those fields from his practice at the Bar.
Josef also regularly lectures and gives seminars on the benefits of using mediation to resolve disputes in the public sector and is committed to increasing the number of such disputes that are settled via mediation.
"Anyone needing a barrister in any of these fields (planning and licensing) need look no further. First class barrister in first-class Chambers!"
"Mr Cannon is very approachable and has a relaxed attitude when talking to clients, which helps settle them in court." "A barrister who never gives up and is very tenacious, he adapts according to which tribunal he is in front of. He is very persuasive and people want to listen to him." Chambers and Partners 2019
"Excellent command of the subject area in his advocacy." The Legal 500 2018
"Bright, hardworking and highly effective." The Legal 500 2018
"He gives no-nonsense, practical advice, he bears in mind the economics of the situation, he's very good with clients, and he's always prepared to go the extra mile." Chambers & Partners 2018
"He's very personable, he's incredibly likeable, and the court warms to him. Whatever he does is effective." Chambers & Partners 2018
"He has a calm demeanour and commands clients' full confidence." Legal 500 2017
"Good on his feet." Legal 500 2017
"He is an extremely effective cross-examiner." Chambers & Partners 2017
"He always provides a first-class service. He has the local knowledge, is politically aware and adds value." Chambers & Partners 2017
"Always very well prepared, but able to think on his feet should an unexpected or difficult issue arise." Legal 500 2016
"He is empathetic with clients and operators." Legal 500 2016
"He is very personable and pitches his case at the appropriate level." "He is good in front of both committees and courts."Chambers & Partners 2016
"He is extremely knowledgeable and able to think on his feet." Legal 500 2015
"Always goes the extra mile, and is the instructing solicitors' dream counsel." Legal 500 2015
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 recent times 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.
He edits and writes for chambers' regular Leisure Newsletter, which covers all aspects of the leisure industry.
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 and sex 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:
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. He edits and writes for chambers' regular Leisure Newsletter, which covers all aspects of the leisure industry.
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.
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.
30th June 2013
Contributor to Licensed Premises: Law & Practice (Bloomsbury, 2013), a highly practical guide to the licensed industry. It clearly explains, through the use of case studies, practical tools and strategic policy advice, how the licensing regime, allied to other statutory and voluntary schemes, can be used to develop a more sustainable, diverse leisure economy.
Click here for further information.
1st September 2010
Contributor to "Gambling for Local Authorities: Licensing, Planning & Regeneration" (2nd edition), which charts the terrain of gambling law simply and succinctly for both licensing and planning professionals.
The second edition includes important new material:
* Commentary on major issues, including split premises, skills with prize machines and house prize competitions.
* New regulatory material, including up-dated regulations, Guidance and Licence Conditions and Codes of Practice.
* New case law, including on provisional statements, appeals, costs and bias.
* New text on Planning Policy Statement 4 and the Community Infrastructure Levy.
* A new chapter on problem gambling by Professor Mark Griffiths.
* New tables and figures to explain and simplify the law.
Click here for further information.
23rd August 2007
In partnership with the Institute of Licensing, Cornerstone Barristers has produced a new publication: Gambling for Local Authorities: Licensing, Planning and Regeneration (General Editor: Philip Kolvin).
The book is designed to abbreviate and simplify the new law of gambling. It is intended for easy reading by both officers and members involved in licensing and allied fields such as planning and regeneration. It is the only book which will draw the important links between planning and licensing and which involves experts from across all the relevant disciplines. Writers include Philip Kolvin QC, Mark Lowe QC, Rory Clarke, Michael Bedford, Josef Cannon and Clare Parry.
Other writers include Institute Vice Chair Professor Colin Manchester (Professor of Licensing Law, University of Warwick), Professor Peter Collins (a leading expert in gambling and regeneration), planning expert Andy Arrick of Roger Tym & Partners, Jeremy Phillips (who edits Patersons) and William Hill Chief Executive David Harding. We are hoping that it will become a standard reference work in its field.
We do hope that you will take advantage of this offer before it ends. Further information on the book is set out below, together with an order form.
Click here for further details.
Reviews include:
"An excellent account of the framework of the new Act", and "strongly recommended". Roy Light, a professor of law UWE and a barrister at St John's Chambers, Bristol, writing in Solicitor's Journal
"A testimony to the changed landscape and the lifting of local authority regulation to a higher plane. Wearing the badge of the Institute of Licensing, as it does, this volume is as much an advertisement for the new order as it is a valuable contribution to modern gambling knowledge." The Licensing Review [70], July 2007
"In this timely and extremely important new book, Philip Kolvin and his team cut through this enormous piece of legislation with a light narrative style, incisive comments and useful practical applications. The book is suitable for anyone with any involvement with the new legislation, whether they are from the licensing authority, planning authority, gambling industry or responsible authorities or interested parties. Technical matters are clearly explained, the practical aspects of application and challenge are clarified and the use of the various licences and permissions is detailed and comprehensible. For a book to succeed, it must be both useful and accessible, and "Gambling for local authorities: licensing, planning and regeneration" seems set to succeed on both levels. It is highly recommended." James Button, PH Law
"Kolvin's book provides answers for the many challenges facing local authorities under the new legislation. It is a good advert for the legal profession." Dr. Mark Griffiths, Professor of Gambling Studies, Nottingham Trent University
Josef is an experienced and effective trainer. He regularly travels across the country training councillors, licensing officers and other lawyers on the licensing environment (including the sex entertainment venue licensing and taxi regimes). Between 2010 and 2012 he co-ordinated and delivered the Certificate of Licensing Law course at the University of Westminster.
He can provide tailored training sessions, from large scale seminars to practical workshops.
News: Planning and Environment, Housing
Planning for new homes - the National Audit Office report
8th February 2019
Today the National Audit Office (NAO) published its report to MoHoCoLoGo, entitled Planning for new homes. It is an interesting review of the present state of things in the world....News: Planning and Environment
NPPF2: A new planning rulebook, or more of the same?
25th July 2018
Yesterday, on the last day of the parliamentary term, the Government published a raft of new measures. For planners, the most significant were the new National Planning Policy Framework and associated....News: Planning and Environment, Licensing
For the Birds? The Habitats Regulations and the Licensing of Outdoor Festivals
24th May 2018
By Josef Cannon In a recent article in the Journal of Licensing, two experienced planning/licensing barristers published an interesting article on the potential application of the Habitats Directive (Directive 92/43/EEC) and....News: Planning and Environment, Licensing
21st May 2018
By Josef Cannon The Cornerstone team has as usual been busy across the leisure sector since the last newsletter. As Ben du Feu's round-up below indicates, our barristers have been instructed....News: Licensing
Joe speaking at the Institute of Licensing
9th March 2018
Following his recent qualification as a mediator, in March Joe will be speaking to three regional meetings of the Institute of Licensing (IoL) about the benefits and potential for mediation....Case: Planning and Environment
Common sense approach to the ‘tilted balance’, as the sun begins to set on paragraphs 14 and 49
7th March 2018
In a welcome injection of common sense into the rumbling controversy about when, and how, the 'tilted balance' in paragraph 14 of the NPPF might apply, an Inspector in Chelmsford....News: Licensing
Cornerstone Barristers appointed to the Gambling Commission’s panel
14th February 2018
Cornerstone Barristers has been appointed to the Gambling Commission's standing panel of barristers' chambers to provide legal advice and representation for an initial period of three years. The team will be....News: Planning and Environment, Licensing
Music venues and their neighbours: Government’s plans to strike the right balance
18th January 2018
Introduction The Government has today announced plans to ensure that housing developers building new homes near music venues should be responsible for addressing noise issues, in a move to protect both....News: Licensing
Betting industry bracing over new government consultation on gambling
31st October 2017
Betting industry bracing over new government consultation on gambling
....Case: Licensing
First s.53D interim steps appeal dismissed
6th June 2017
Bedford Borough Council have successfully resisted what is thought to be the first appeal under s.53D of the Licensing Act 2003, against a decision that an interim step of suspension....News: Planning and Environment, Property, Licensing
Cornerstone Leisure Newsletter May 2017
24th May 2017
The Cornerstone Leisure Newsletter includes... Editor's Note - Josef Cannon Leisure development in the Green Belt – not all fun and games? - Martin Edwards Licensing Uber: Better the devil you know?....Case: Licensing
Is this the first Interim Steps appeal under the new s.53D?
11th May 2017
On 6 April 2017 the new s.53D of the Licensing Act 2003 came in to force. Intended to bring an end to the long-running debate about what happens to interim....News: Public Law and Judicial Review, Planning and Environment, Housing, Property, Licensing, Commercial and Regulatory
Cornerstone Leisure Newsletter February 2017
23rd February 2017
The Cornerstone Leisure Newsletter includes...Case: Property, Licensing
22nd November 2016
The world-famous nightclub Fabric is once again to open its doors. The club was closed in September by Islington Council, as a result of deaths from drug overdoses at the club,....Case: Public Law and Judicial Review, Planning and Environment
31st August 2016
Last week the Secretary of State published his decisions in respect of two appeals against refusals of planning permission for extensive housing development in the countryside beyond the Green Belt....Case: Public Law and Judicial Review
Licensing Act 2003 appeals: is JR available if time is short?
29th July 2016
Can judicial review be used to get a quicker decision than appealing to the Magistrates' Court in a Licencing Act 2003 case?
What are the obligations on a sub-committee in terms of reading supporting documentation?
....Case: Planning and Environment
11th July 2016
The Upper Tribunal has upheld the right of residents of a small architect-designed development built in the late 1980s and subject to restrictive covenants seeking to preserve its built form to rely on those covenants in resisting plans by one resident to extend her house.
....Case: Licensing
Step Changes Proposed to Summary Reviews
24th February 2016
Rory Clarke and Josef Cannon consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.
....News: Public Law and Judicial Review, Housing
Cornerstone Housing Newsletter - February 2016
1st February 2016
The latest Cornerstone Housing newsletter includes:News: Public Law and Judicial Review, Planning and Environment
Housing crisis at centre of proposed changes to NPPF
10th December 2015
Josef Cannon considers the proposals set out in the Government's recently published consultation document on the National Planning Policy Framework. Introduced with minimal fanfare (save for in the Daily Telegraph, which called....News: Planning and Environment
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.
....Case: Licensing
11th April 2014
Star Oyster Ltd and The Casino Ltd -v- Guildford Borough Council The proper approach to minor variations to premises licences under section 41A and 41B of the Licensing Act 2003 was....Case: Licensing
Lap dance no more: Courts affirm wide powers to refuse renewals
27th March 2014
R (Bean Leisure Trading A Limited) v Leeds City Council and R (Ruby May (1) Ltd) v Leeds City Council [2014] EWHC 878 (Admin) Thompson v Oxford City Council [2014] ...
....Case:
"Copper's Nose" gets double punch from Cornerstone Barristers
24th September 2013
Ipswich police faced an uphill task when they appealed the decision of Ipswich Borough Council to allow an extension of hours to the premises licence of one of the town's principal night time venues, Revolution.
....Case: Licensing
19th March 2013
novemberoctoberseptemberaugustjulyjunemayaprilmarchfebruaryjanuary In a judgment that will be of great assistance to licensing authorities, a judge of the High Court dismissed an application for judicial review against a refusal to grant a....News: Licensing
Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
1st March 2013
Cornerstone Barristers are delighted to announce that the following members have been appointed by the Metropolitan Police to a panel of counsel to represent and advise them in licensing matters. These....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
Cardiff: Falcon Drive, Cardiff Bay, Cardiff, Mid Glamorgan, CF10 4RU
DX: LDE 316 (Chancery Lane)
