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

Josef Cannon

Called
2002
Telephone
020 7242 4986
Clerk
Sam Collins
CV
Email

Josef's practice at the Bar focuses on licensing, town and country planning, regulatory work and property including landlord and tenant. He is co-chair of the Cornerstone licensing team. 

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.

"He is very thorough with excellent advocacy skills."

Chambers and Partners 2021

"Joe is a first rate member of the planning Bar. He is personally charming, polite and courteous to a fault. However that belies a stunning ability as both an advocate and a lawyer. He combines an ability to get inspectors on side with charm and then receptive to his intellectually superb approach to both court work and inquiries."

Legal 500 2021

"A depth of knowledge in the field of licensing enabling the provision of prompt, detailed and persuasive advice. A very good advocate - obtaining excellent results and with an ability to converse well with clients, putting them at ease."

Legal 500 2021

Josef Cannon is a graduate of Kings College, London, and was called to the Bar by Lincoln's Inn in 2002.

He is recognised as a leading junior, in both licensing and planning, by Chambers & Partners and the Legal 500, as well as in the Planning Magazine survey of the leading planning barristers.

For Licensing, Chambers & Partners ranks him in Band 1 and says "he is admired for his personable advocacy style"; The Legal 500 ranks him in Band 2: "A very good advocate - obtaining excellent results with an ability to converse well with clients, putting them at ease."

In Planning the Legal 500 recognises him as a leading junior and describes him as "A first-rate member of the planning bar, [with] a stunning ability as both an advocate and a lawyer". Chambers & Partners notes his "very commercial mindset", and that he is "efficient and easy to deal with".

For licensing he represents all sides of the licensing debate with a particular specialism in noise-related matters, sex licensing and outdoor music festivals; his planning practice is broad, but Joe has particular expertise in residential development appeals involving housing land supply issues.

Josef also has experience of regulatory work (including significant experience prosecuting and defending environmental matters) and continues to be instructed by those involved in 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.

In 2020, he and three colleagues began producing the UnPlanned podcast, focusing on issues and practice at the planning bar in a light-hearted and relaxed format.

Licensing - "Excellent, thoughtful manner in front of committees. Stays calm and make key points well." Legal 500 2021

Josef is ranked in Planning with Legal 500.

"This was an important case for us, and we have a highly satisfactory outcome. Our thanks go to Josef, instructed by Vanessa Blane at LGSS Law, who provided clear, timely, and expert advice that gave us the confidence to proceed" - Paul Bland BA (Hons) MRTPI, Head of Planning Services, East Northamptonshire Council

"Anyone needing a barrister in any of these fields (planning and licensing) need look no further. First-class barrister in first-class Chambers!" - Client

Licensing - "Excellent, thoughtful manner in front of committees. Stays calm and make key points well." Legal 500 2022

Planning - "He's a real people person – very approachable and easy to work with, with a good sense of humour, and very popular with clients. He makes you feel like part of the team when cases are in court. He has an inclusive approach which is really appreciated. He is persuasive without being unnecessarily adversarial." Legal 500 2022

Licensing - "Handles a diverse array of work including judicial reviews, local authority prosecutions and events licence applications. His recent significant cases include those concerning serious taxi licensing revocations and appeals. Cannon primarily acts for councils and public bodies and is admired for his personable advocacy style. Strengths: "He is very efficient and effective and he pays attention and understands the client." 

Planning - "A well-regarded junior with a strong inquiries practice. He is regularly instructed in cases regarding housing schemes and developments in the Green Belt. Strengths: "He has a very commercial mindset. He naturally thinks about the client's objective and helps to strategise." "He is efficient and easy to deal with." Chambers and Partners 2021

"Josef has great charisma and a wonderful style that proves very persuasive with committees." "He is a rising star in licensing and is comfortable either promoting or opposing applications." Chambers and Partners 2020

"Goes beyond what is required for the client - you can be assured of an excellent service". The Legal 500 2020

"He has an acute legal and forensic mind". The Legal 500 2020

"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

Overview

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.

Cases

Must you, and can you, count past over-supply of housing against annual requirements when calculating your five-year supply?
19.10.2021
In January 2021 a Planning Inspector granted outline planning permission for 50 new homes at the edge of a village in Tewkesbury borough. She did so on the basis that....

The NPPF definition of ‘deliverable’ is not a closed list
18.06.2020
In a development which is likely to have major implications for the way in which local planning authorities go about calculating their five-year supply of housing land, the Secretary of....

Court of Appeal uphold Maldon’s approach to a previous planning permission
23.07.2019

Angus Bates v Maldon DC [2019] EWCA Civ 1272

....

Common sense approach to the ‘tilted balance’, as the sun begins to set on paragraphs 14 and 49
07.03.2018
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....

Secretary of State (belatedly) reveals thinking on a number of crucial housing land supply controversies
31.08.2016
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....

Right of residents of architect-designed self-build scheme to rely on restrictive covenants against extensions upheld by Upper Tribunal
11.07.2016

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.

....

News

Cornerstone Planning Day 2021 - Tickets available
20.09.2021
The Cornerstone Planning Team is delighted to host its annual planning conference on Monday 8 November at Royal College of Surgeons of England. Aimed at planning specialists, solicitors, and policy makers, this....

Mediation and planning: Here to stay?
26.07.2021
Introduction Mediation is a way of resolving disputes and building consensus with the help of a neutral third party. It tends to be quicker, cheaper and more flexible than litigation, and....

Cornerstone Quarterly Development - Special Edition
13.08.2020
Last week, the Government published the long-awaited White Paper Planning for the Future.  In this special edition of the Cornerstone Quarterly Development, the Cornerstone Planning Team presents analysis and comment covering some of....

NEW BRIEFING - Local authorities post COVID-19. All you need to know
01.07.2020
Local authorities have been instrumental in tackling the COVID-19 crisis and will play a pivotal role in the post-lockdown recovery. As a result, they are experiencing a surge in duties....

Housing Land Supply in the time of coronavirus
06.05.2020
ByJosef Cannon We are all trying to deal with new anxieties at the moment: can I function working from home with just one computer screen? Does the aesthetically pleasing but orthopaedically-harmful....

Planning enforcement during the lockdown – is mediation the solution?
04.05.2020
Due to the current Coronavirus lockdown, PINS has postponed all hearings and inquiries indefinitely. It isn't clear when they will be rescheduled, and even after lockdown ends, social distancing rules....

Planning Law Survey 2020 – Barristers at Cornerstone among the "most-admired"
30.03.2020
Several members of the Cornerstone Planning Team have been recognised in Planning Magazine's Planning Law Survey 2020. The annual survey reflects the views of over 200 solicitors, consultants, developers and council....

New article: Journal of Licensing, Public nuisance in licensing
01.07.2019
Josef and John have published a new article on the Journal of Licensing, Public nuisance in licensing. The article seeks to provide a background to the law of public nuisance, both....

Planning for new homes - the National Audit Office report
08.02.2019
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....

NPPF2: A new planning rulebook, or more of the same?
25.07.2018
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....

For the Birds? The Habitats Regulations and the Licensing of Outdoor Festivals
24.05.2018
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....

The Editor speaks
21.05.2018
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....

Music venues and their neighbours: Government’s plans to strike the right balance
18.01.2018
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....

Cornerstone Leisure Newsletter May 2017
24.05.2017
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?....

Cornerstone Leisure Newsletter February 2017
23.02.2017
The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Housing crisis at centre of proposed changes to NPPF
    10.12.2015
    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....

    Cornerstone on the Planning Court
    01.09.2015

    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.

    ....

    Events

    Cornerstone Barristers Planning Day 2021
    08.11.2021

    1
    The Cornerstone Planning Team is delighted to invite you to its annual planning conference. Aimed at planning specialists, solicitors, and policy makers, this year's conference will specifically focus on the practical....

    Zoom webinar series on Local Plans - Joint planning across authority lines
    16.07.2020


    Following on from the introduction to elements of local plans webinar, the Cornerstone planning team will host a series of webinars drilling down into many of the key elements of....

    Zoom webinar - Calculating housing land supply in the post-COVID era - 'deliverable' sites and other stories
    03.07.2020


    The debate about whether the definition of 'deliverable site' in the Glossary to the NPPF, and used for the purposes of calculating a five-year housing land supply, is a 'closed....

    Zoom webinar - Planning Enforcement Orders: Law and Practice
    25.06.2020


    Planning enforcement orders are a powerful - but heavily under-used - tool for local planning authorities wishing to take enforcement action. Joe Cannon and Alex Williams provide much-needed practical tips for....

    Zoom webinar - Planning enforcement during the lockdown: is mediation the solution?
    11.05.2020


    If you have responsibility for handling planning enforcement appeals, you will know that at present there is a standstill at PINS, with remote 'events' not being expected for six months.....

    Zoom webinar - White Paper highlights
    30.04.2020


    Cornerstone Barristers' Josef Cannon and Emma Dring hosted a webinar on Thursday 30th April which discussed the key proposals from the policy paper, Planning for the Future published in March.

  • What....

  • Annual Planning Day 2019 - Practical Answers
    04.11.2019

    1
    Aimed at planning consultants and developers, the conference will specifically focus on providing practical answers to the biggest questions in planning law, as well as a look at what the....

    Overview

    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. 

    Cases

    First s.53D interim steps appeal dismissed
    06.06.2017
    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....

    Is this the first Interim Steps appeal under the new s.53D?
    11.05.2017
    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....

    Fabric
    22.11.2016
    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,....

    Step Changes Proposed to Summary Reviews
    24.02.2016

    Rory Clarke and Josef Cannon consider the implications of the recently proposed changes to the Summary Review procedure in the Licensing Act 2003.

    ....

    Breadth Of Discretion In Respect Of Applications For Minor Variations Under S.41a And B Licensing Act 2003 Considered And Confirmed
    11.04.2014
    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....

    Lap dance no more: Courts affirm wide powers to refuse renewals
    27.03.2014

    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] ...

    ....

    Admin Court decision confirms breadth of discretion when deciding sex establishment licences; and extent of duty to give reasons.
    19.03.2013
    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

    NEW BRIEFING - Local authorities post COVID-19. All you need to know
    01.07.2020
    Local authorities have been instrumental in tackling the COVID-19 crisis and will play a pivotal role in the post-lockdown recovery. As a result, they are experiencing a surge in duties....

    Contact tracing for licensed premises: what you need to know
    25.06.2020
    On Tuesday 23 June, the Prime Minister announced that the Government intends to 'unlock' significant aspects of the lockdown with effect from 4 July 2020. Among the business allowed to re-open....

    New article: Journal of Licensing, Public nuisance in licensing
    01.07.2019
    Josef and John have published a new article on the Journal of Licensing, Public nuisance in licensing. The article seeks to provide a background to the law of public nuisance, both....

    For the Birds? The Habitats Regulations and the Licensing of Outdoor Festivals
    24.05.2018
    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....

    The Editor speaks
    21.05.2018
    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....

    Joe speaking at the Institute of Licensing
    09.03.2018
    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....

    Cornerstone Barristers appointed to the Gambling Commission’s panel
    14.02.2018
    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....

    Music venues and their neighbours: Government’s plans to strike the right balance
    18.01.2018
    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....

    Betting industry bracing over new government consultation on gambling
    31.10.2017

    Betting industry bracing over new government consultation on gambling

    ....

    Cornerstone Leisure Newsletter May 2017
    24.05.2017
    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?....

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Cornerstone Barristers appointed by Metropolitan Police to panel of Counsel
    01.03.2013
    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....

    Events

    IoL: Now & Next Training in London
    18.05.2017

    1
    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    IoL: Now & Next Training in Manchester
    16.05.2017


    The 'Now & Next' course is aimed at everyone with an interest in licensing, including Licensing Officers, Police Officers, Councillors and legal advisors of the licensing committee. Each session will be....

    Overview

    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.

    Cases

    Court of Appeal uphold Maldon’s approach to a previous planning permission
    23.07.2019

    Angus Bates v Maldon DC [2019] EWCA Civ 1272

    ....

    Secretary of State (belatedly) reveals thinking on a number of crucial housing land supply controversies
    31.08.2016
    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....

    Licensing Act 2003 appeals: is JR available if time is short?
    29.07.2016

    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?

    ....

    News

    NEW BRIEFING - Local authorities post COVID-19. All you need to know
    01.07.2020
    Local authorities have been instrumental in tackling the COVID-19 crisis and will play a pivotal role in the post-lockdown recovery. As a result, they are experiencing a surge in duties....

    Crown Prosecution Service drops prosecutions against Extinction Rebellion protesters
    28.11.2019

    R (Jones and others) v The Commissioner of the Metropolitan Police [2019] EWHC 2957 (Admin)

    ....

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Cornerstone Housing Newsletter - February 2016
    01.02.2016
    The latest Cornerstone Housing newsletter includes:

  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • Housing crisis at centre of proposed changes to NPPF
    10.12.2015
    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....

    Overview

    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.

    News

    Cornerstone Leisure Newsletter February 2017
    23.02.2017
    The Cornerstone Leisure Newsletter includes...

  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Public nuisance in licensing

    1st July 2019

    Josef and John have published a new article on the Journal of Licensing, Public nuisance in licensing. 

    The article seeks to provide a background to the law of public nuisance, both in its wider context and within the context of licensing. It seeks to assist decision-makers and applicants to understand how best to approach public nuisance issues in a licensing context. In doing so, it will also examine the more recent arrival of the agent of change principle in the planning context and consider how this and other matters may affect licensing in the future. 

    The article can be purchased on the Journal of Licensing website

    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.

    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.

    Licensed Premises: Law & Practice

    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.

    Gambling for Local Authorities: Licensing, Planning & Regeneration

    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.

    Gambling for Local Authorities: Licensing, Planning and Regeneration

    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.

    • Institute of Licensing (IoL)
    • Planning and Environment Bar Association (PEBA)
    • Administrative Law Bar Association (ALBA)

    Case: Planning and Environment

    Must you, and can you, count past over-supply of housing against annual requirements when calculating your five-year supply?

    19th October 2021

    In January 2021 a Planning Inspector granted outline planning permission for 50 new homes at the edge of a village in Tewkesbury borough. She did so on the basis that....

    News: Planning and Environment

    Cornerstone Planning Day 2021 - Tickets available

    20th September 2021

    The Cornerstone Planning Team is delighted to host its annual planning conference on Monday 8 November at Royal College of Surgeons of England. Aimed at planning specialists, solicitors, and policy makers, this....

    News: Planning and Environment, Local Government, Alternative Dispute Resolution

    Mediation and planning: Here to stay?

    26th July 2021

    Introduction Mediation is a way of resolving disputes and building consensus with the help of a neutral third party. It tends to be quicker, cheaper and more flexible than litigation, and....

    News:

    Peering into the misty future: The annual Now & Next seminars with the IoL

    21st May 2021

    On 18 and 20 May 2021 the Cornerstone Barristers Licensing Team, headed by Asitha Ranatunga and Josef Cannon, delivered their annual Now & Next series of webinars in conjunction with....

    News: Planning and Environment

    Cornerstone Quarterly Development - Special Edition

    13th August 2020

    Last week, the Government published the long-awaited White Paper Planning for the Future.  In this special edition of the Cornerstone Quarterly Development, the Cornerstone Planning Team presents analysis and comment covering some of....

    News: Public Law and Judicial Review, Planning and Environment, Housing, Licensing, Information Law, Court of Protection, Health and Social Care, Local Government

    NEW BRIEFING - Local authorities post COVID-19. All you need to know

    1st July 2020

    Local authorities have been instrumental in tackling the COVID-19 crisis and will play a pivotal role in the post-lockdown recovery. As a result, they are experiencing a surge in duties....

    News: Licensing, Information Law

    Contact tracing for licensed premises: what you need to know

    25th June 2020

    On Tuesday 23 June, the Prime Minister announced that the Government intends to 'unlock' significant aspects of the lockdown with effect from 4 July 2020. Among the business allowed to re-open....

    Case: Planning and Environment

    The NPPF definition of ‘deliverable’ is not a closed list

    18th June 2020

    In a development which is likely to have major implications for the way in which local planning authorities go about calculating their five-year supply of housing land, the Secretary of....

    News: Planning and Environment

    Housing Land Supply in the time of coronavirus

    6th May 2020

    ByJosef Cannon We are all trying to deal with new anxieties at the moment: can I function working from home with just one computer screen? Does the aesthetically pleasing but orthopaedically-harmful....

    News: Planning and Environment

    Planning enforcement during the lockdown – is mediation the solution?

    4th May 2020

    Due to the current Coronavirus lockdown, PINS has postponed all hearings and inquiries indefinitely. It isn't clear when they will be rescheduled, and even after lockdown ends, social distancing rules....

    News: Planning and Environment

    Planning Law Survey 2020 – Barristers at Cornerstone among the "most-admired"

    30th March 2020

    Several members of the Cornerstone Planning Team have been recognised in Planning Magazine's Planning Law Survey 2020. The annual survey reflects the views of over 200 solicitors, consultants, developers and council....

    News: Public Law and Judicial Review

    Crown Prosecution Service drops prosecutions against Extinction Rebellion protesters

    28th November 2019

    R (Jones and others) v The Commissioner of the Metropolitan Police [2019] EWHC 2957 (Admin)

    ....

    Case: Public Law and Judicial Review, Planning and Environment

    Court of Appeal uphold Maldon’s approach to a previous planning permission

    23rd July 2019

    Angus Bates v Maldon DC [2019] EWCA Civ 1272

    ....

    News: Planning and Environment, Licensing

    New article: Journal of Licensing, Public nuisance in licensing

    1st July 2019

    Josef and John have published a new article on the Journal of Licensing, Public nuisance in licensing. The article seeks to provide a background to the law of public nuisance, both....

    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

    The Editor speaks

    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...
  • Editors note - Josef Cannon
  • 20:20 Vision - Philip Kolvin QC
  • One more round for minimum unit pricing of alcohol - Josef Cannon & Matt Lewin
  • When can premises....

  • Case: Property, Licensing

    Fabric

    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

    Secretary of State (belatedly) reveals thinking on a number of crucial housing land supply controversies

    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

    Right of residents of architect-designed self-build scheme to rely on restrictive covenants against extensions upheld by Upper Tribunal

    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:
  • The death of the social rented sector? Selective thoughts on the Housing and Planning Bill – Ranjit Bhose QC 
  • Private registered providers: back to the private sector? Emma....

  • 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

    Breadth Of Discretion In Respect Of Applications For Minor Variations Under S.41a And B Licensing Act 2003 Considered And Confirmed

    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

    Admin Court decision confirms breadth of discretion when deciding sex establishment licences; and extent of duty to give reasons.

    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....