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Philip Kolvin

Lisa Busch QC

Called
2000
Silk/QC
2016
Telephone
020 7242 4986
CV
Email

Lisa specialises in planning, environmental, local government and public law (including human rights and equalities). She was called to the Bar of England and Wales in 2000 and took silk in 2016.

Before taking silk, Lisa was on the Attorney-General's A Panel of Counsel (having previously been on the B and C Panels) representing government bodies in some of their most high-profile and challenging cases. She is also on the Panel of Counsel established by the Equality and Human Rights Commission. She has been consistently recommended in Chambers and Partners UK and Legal 500.

Lisa specialises in planning, environmental, local government and public law (including human rights and equalities). She was called to the Bar of England and Wales in 2000 and took silk in 2016.

Before taking silk, Lisa was on the Attorney-General's A Panel of Counsel (having previously been on the B and C Panels) representing government bodies in some of their most high-profile and challenging cases. She is also on the Panel of Counsel established by the Equality and Human Rights Commission. As a junior, she was consistently recommended in Chambers and Partners UK and Legal 500 in all areas of her practice: "Lisa Busch's wide-ranging practice takes in everything from environmental and planning cases to local government matters ... An expert in human rights ... Busch is known for her facility with complex matters and is 'a top choice' if you have a difficult case on your hands".

"Lisa is very efficient, gets on well with clients, and she is very hard working. She does a very good job on her feet and provides excellent commercial solutions" Chambers and Partners 2018

"She is a highlight experienced advocate who is very good in judicial review work" Chambers and Partners 2018

"A skilled advocate that is lovely to listen to" Chambers and Partners 2017

"Calm, clear, measured, reliable and first-rate judgment" Chambers and Partners 2017

"She is a good advocate for difficult, sensitive cases because she is so thoughtful and can present a case in a tactful and humane way" Chambers and Partners 2017

"She has a very detailed knowledge of the law relating to environmental and planning cases" Chambers and Partners 2017

"Succinct with her submissions and extremely effective in cross-examination" Legal 500 2017

"Her cross-examination is extremely effective" Legal 500 2017

"An expert on the planning aspects of large infrastructure projects" and "Experienced in high-profile government cases" Legal 500 2016

"A new silk with pedigree including heavyweight Article 8 and Article 3 cases" "Great strengths in oral and written advocacy" Legal 500 2016

Overview

Lisa is a leading advocate in planning and environmental law and has been recommended in these areas of the law for many years in Chambers and Partners UK and Legal 500, where she is described as having "a very detailed knowledge of the law relating to environmental and planning cases" (Chambers and Partners 2017), and as "extremely effective in cross-examination" (Legal 500 2017).

Having been on the Attorney-General's Panel of Counsel for over a decade, Lisa has acted on a regular basis for Government departments and other public bodies, including the Ministry of Housing, Communities & Local Government, the Department for Environment, Food & Rural Affairs, the Environment Agency, Natural Resources Wales and the Department for Transport on a wide range of planning and environmental matters in statutory and non-statutory judicial review claims and in public inquiries. Lisa has also acted in such cases for numerous local authorities and for individuals and residents' organisations.

Lisa is experienced in dealing with cases involving EIA development, as well challenges brought under other EU legislation, such as the Strategic Environmental Assessment Directive, the Air Quality Directive, and the Habitats and Birds Directives.

Her practice encompasses work on a significant number of major infrastructure projects, and she is described in the Directories as an "expert on the planning aspects of large infrastructure projects" (Legal 500 2016). Between 2013 and 2016, she was part of the team of Counsel acting for the DfT and HS2 in the HS2 House of Commons Select Committee Inquiry. She has represented Highways England on various road transport infrastructure projects, and local authorities and others in development involving the expansion of airports in England. In addition, she deals regularly with cases involving residential and retail development, waste disposal facilities, renewable energy facilities (including windfarms) and energy from waste facilities.

Lisa is experienced in dealing with town and village greens and rights of way, including public rights of navigation on waterways in England and Wales, and she has a niche practice in water law, including matters such as the powers and duties of marine and navigation authorities, environmental impacts of marine development, and flooding and flood defence work in rural and urban areas. She is also experienced in dealing with gypsy/traveller cases, including those featuring equality and human rights issues.

Notable cases include:

Planning/environment

Land at Valley Park School, Maidstone, Kent ME14 5SL: Lisa is instructed by the Appellant in this appeal against non-determination by Maidstone Borough Council of an application for planning permission for a new free school. The Inquiry is listed for six days between 22nd and 31st May 2018.

Land at Former Hackney Police Station, London E5 0P4: Lisa acted successfully on all points for the Appellant in an appeal against refusal of planning and listed building consent for a new free Muslim Faith school in the London Borough of Hackney.

R (Bewley Homes plc and others) v (1) Waverley Borough Council and (2) Farnham Town Council [2017] 2 P&CR 19: Lisa acted successfully (and received an award of costs) for the Town Council in this claim for judicial review by the claimant property developers of the LPA's decision that a draft neighbourhood plan proposed by the Town Council met the basic conditions for a neighbourhood plan pursuant to paras 8 and 12 of Schedule 4B to the Town and Country Planning Act 1990.

R (Sibelco Ltd) v Devon County Council (CO.3380/2017): Lisa acted for the Defendant LPA in this claim for judicial review of its decision to grant planning permission to itself for alterations to the A382 and associated development. The case settled favourably to the Defendant (August 2017).

• North South Interconnector, Northern Ireland: Lisa acted for Armagh, Banbridge and Craigavon Council into the Inquiry concerning the Northen Ireland section of the north-south interconnector, a 400 kv strategic link between the electricity grids of Northern Ireland and the Republic of Ireland (February 2017).

High Speed 2 (2013-16): Lisa was part of the team of Counsel acting for the Department for Transport and HS2 in the House of Commons Select Committee proceedings. In this capacity, as well as appearing in Committee on a day to day basis, she dealt with a range of public law issues, including overseeing the production of the equality and health impact assessments concerning the project.

Planning/water law

Cambridge City Council v Traditional Cambridge Tours Ltd (Claim No HQ17X03911): Lisa is acting for the City Council in this high profile application for an injunction to prevent illegal touting and punting on the River Cam: see Observer article from 29th July 2017.

Land north of Aylesbury Road, Wendover, Buckinghamshire: Lisa acted for the Canal & River Trust in appeal against non-determination by the LPA of an application for planning permission for the erection of 175 residential dwellings and associated infrastructure in the vicinity of a reservoir (June 2017).

Jefferson v Natural Resources Wales: Lisa acted for NRW is this claim in negligence made with respect to them in connection with a flooding incident which damaged the claimant's property in 2007. The case settled favourably to NRW (2016/2017).

Marine Maritime Agency advice: Lisa advised the MMO with respect to the question of whether navigational dredging amounts to a "project" for the purposes of the EIA Directive.

Advice on the matter of public rights of navigation on non-tidal rivers in England: Lisa advised Dr Douglas Caffyn as to the status of rights of navigation on non-tidal rivers in medieval England in light of advice provided to the Angling Society. This work attracted considerable attention from the angling and canoeing fraternities in England and Wales and The Times 20th January 2018 Anglers Fear Invasion of Canoeists

Events

Cornerstone Barristers Annual Planning Day 2018
05.11.2018

1
Delivering sustainable growth in a time of change Aimed at planning consultants and developers, the conference will specifically focus on providing practical guidance on the latest developments in planning law. Our barristers....

Overview

Public Law, Human Rights and Equalities

Lisa is an acknowledged expert in public law and has appeared in numerous leading public law cases. She is also well versed in civil liberties and human rights issues. In Chambers and Partners she is described as "an experienced advocate who is very good in judicial review work", and as "a good advocate for difficult, sensitive cases because she is so thoughtful and can present a case in a tactful and humane way".

Lisa was appointed to the Attorney-General's A Panel of Counsel in 2012, having previously been on the B and C Panels. In her capacity as Panel Counsel she acted for a wide range of public bodies and government departments, including the Department for Transport, Department of Education, Ministry of Justice, Department for Work and Pensions, Ministry of Housing, Communities & Local Government, Department for Environment, Food & Rural Affairs, the Environment Agency, HMRC, the Environment Agency and the Home Office. She also has many years of experience in representing local authorities and individual claimants in public law matters.

Lisa advises the Equality and Human Rights Commission in her capacity as Panel Counsel to that body and has appeared in a number of high profile cases involving challenges based on the Equality Act 2010, and to associated consultation processes. Her expertise includes experience dealing with the equality impacts of large infrastructure and other developments in the planning context. Lisa has also acted in a series of leading human rights cases, and she is very experienced in dealing with claims made under various articles of the European Convention on Human Rights: "A new silk with a pedigree including heavyweight Article 8 and Article 3 cases" (Legal 500 2016).

Notable cases include:

R (Harvey) v Ledbury Town Council (hearing listed for 1st March 2018): Lisa is acting for the Council in a challenge brought by a Council member and concerning the relationship between Town and Parish Councils' powers with respect to members under their internal grievance procedures, and the powers of lead authorities in Code of Conduct proceedings brought under section 26 of the Localism Act 2011.

Save Wornington College v (1) Kensington and Chelsea College and (2) The Royal Borough of Kensington and Chelsea: Lisa acted for the claimant residents' group in pre-action protocol judicial review proceedings concerning the College's decision to merge with Ealing, Hammersmith and West London's College. The Minister intervened to halt the merger upon receipt of the claimants' pre-action letter, and the merger has now been called off in its entirety (December 2017)

R (Bewley Homes plc and others) v (1) Waverley Borough Council and (2) Farnham Town Council [2017] 2 P&CR 19: Lisa acted successfully (and received an award of costs) for the Town Council in this claim for judicial review by the claimant property developers of the LPA's decision that a draft neighbourhood plan proposed by the Town Council met the basic conditions for a neighbourhood plan pursuant to paras 8 and 12 of Schedule 4B to the Town and Country Planning Act 1990.

R (Sibelco Ltd) v Devon County Council (CO.3380/2017): Lisa acted for the Defendant LPA in this claim for judicial review of its decision to grant planning permission to itself for alterations to the A382 and associated development. The case settled favourably to the Defendant (August 2017).

Hossain v SSHD [2016] EWHC 1331 (Admin): Lisa acted for the Secretary of State in a test-case challenge to the lawfulness of the Detained Asylum Casework Interim Instruction, providing for the detention under her immigration powers of certain classes of failed asylum seekers brought under the Equality Act 2010 and general public law grounds.

High Speed 2 (2013-16): Lisa was part of the team of Counsel acting for the Department for Transport and HS2 in the House of Commons Select Committee proceedings. In this capacity, as well as appearing in Committee on a day to day basis, she dealt with a range of public law issues, including overseeing the production of the equality and health impact assessments concerning the project.

GS (India) v SSHD [2015] 1 WLR 3312: Lisa acted for the Secretary of State in a seminal challenge to her decision to remove terminally-ill unlawful immigrants to their countries of origin brought under Article 3 of the European Convention of Human Rights, in which the Court of Appeal confirmed the approach taken in such cases in D v UK and N v SSHD/N v UK, and made important observations concerning the relationship between Article 3 and 8 of the ECHR.

Attorney General v HMB Holdings Ltd [2014] UKPC 5: Lisa appeared in the Privy Council in a multimillion dollar claim involving a challenge to the decision of the Antiguan Court of Appeal on the award of compensation payable to the appellant in the wake of a compulsory purchase order made with respect to its luxury resort. The case raised constitutional issues under the Antiguan Constitution, including issues concerning the right to property (comparable to the rights protected by A1 P1 of the ECHR).

R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA 1345, [2014] Eq LR 60: a case concerning the closure of the Independent Living Fund and a leading authority on the scope and nature of the Public Sector Equality Duty under the Equality Act 2010.

R (Rahman) v Birmingham City Council [2011] Eq LR 705: Lisa acted for the Council in a challenge brought on PSED grounds to its decision to end funding for voluntary agencies providing legal advice to ethnic minorities and the disabled as a result of budgetary cuts.

R (VW (Uganda) v SSHD [2009] Imm AR 436: Lisa acted for the Secretary of State in this leading and oft-cited case concerning Article 8 of the ECHR.

Ali v Head and Governor of Lord Grey School [2006] UKHL 14, [2006] 3 AC 363: Lisa appeared in the House of Lords (led by Cherie Booth QC) in this leading case on Article 2 of Protocol 1 to the ECHR (right to education).

Rowland v Environment Agency [2005] Ch: lead case concerning public rights of navigation on the River Thames, Article 1 of Protocol 1 to the ECHR, and the doctrine of substantive legitimate expectation.

Immigration

Lisa is a very experienced immigration practitioner. She is included as a recommended new silk in immigration in the 2018 edition of Legal 500. As a junior, she acted for claimants in asylum cases in the Tribunal on numerous occasions. As Panel Counsel, she represented the Secretary of State for the Home Department in the Administrative Court, Upper Tribunal and Court of Appeal in cases involving a wide range of immigration matters, including asylum, EEA cases, trafficking, deportation, immigration detention, families and children and Articles 3 and 8 of the European Convention on Human Rights. In silk, she welcomes instructions from claimants' solicitors.

Notable cases include:

Haque v SSHD (PA/14153/2016): Lisa is acting for the appellant in his appeal against the refusal of the SSHD of his claim for asylum based on the risk that he would be attacked in return to Bangladesh in retaliation for his on-line activities condemning religious extremism, including Muslim extremism (case listed for substantive appeal hearing on 15th May 2018).

Hossain and Others [2016] EWHC 1331 (Admin): Lisa acted for the Secretary of State in a test-case challenge to the lawfulness of the Detained Asylum Casework Interim Instruction, providing for the detention under her immigration powers of certain classes of failed asylum seekers brought under the Equality Act 2010 and general public law grounds.

LW (Jamaica) [2016] 4 WLR 76: concerning the notion of "exceptional circumstances" in the context of the removal of a foreign criminal and the nature of the proportionality test in deportation cases.

Iran Country Guidance case [2016] UKUT 308: concerning whether an applicant is at risk on return from Iran by virtue of having left the country illegally and/or being a failed asylum seeker.

GS (India) and others [2015] 1 WLR 3312: Lisa acted for the Secretary of State (led by Lisa Giovannetti QC) in a seminal challenge to her decision to remove terminally-ill unlawful immigrants to their countries of origin brought under Article 3 of the European Convention of Human Rights, in which the Court of Appeal confirmed the approach taken in such cases in D v UK and N v SSHD/N v UK, and made important observations concerning the relationship between Article 3 and 8 of the ECHR.

AE (Algeria) [2014] EWCA Civ 653: concerning Articles 3 and 8 in the context of a proposed removal of a family with a terminally ill child.

SS (Malaysia) [2014] Imm AR 170: challenge to a decision refusing the appellant's claim that removing her from the UK would breach her and her son's rights under Article 8 in circumstances where she was a practicing Catholic and the child's father in Malaysia a convert to Islam.

AJ (Bangladesh) [2013] EWCA Civ 493: challenge to a decision of the UT dismissing the appellants' appeal against deportation, notwithstanding its finding that removing him from the UK would not be in his son's best interests.

Richards [2013] EWCA Civ 244: concerning the impact on a child's best interests of repeat drug offending by her father in in context of a deportation case.

Suppiah [2011] EWHC 2 (Admin): Lisa acted for the SSHD (led by Jonathan Swift QC) in the lead challenge to the lawfulness of the detention of women and children in Yarl's Wood IRC.

VW (Uganda) [2009] Imm AR 436: Lisa acted for the Secretary of State in this leading and oft-cited case concerning Article 8 of the ECHR.

Overview

Lisa is an acknowledged expert in local government law, and has been recommended in this area for many years in Chambers and Partners UK and Legal 500: "She is very efficient, gets on well with clients, and she is very hard working. She does a very good job on her feet, and provides excellent commercial solutions" (Chambers and Partners 2018); "Calm, clear, measured, reliable and first-rate judgment" (Chambers and Partners 2017); "Experienced in high profile government cases" (Legal 500 2016).

She is regularly instructed by both claimants and defendants in major challenges to local authority decisions at the High Court and Court of Appeal in cases covering a wide spectrum of local government law, including planning and the environment, health and community care, Court of Protection proceedings, powers and duties of local authority officers and members, local authority functions in the immigration context, and with respect to children and vulnerable adults.

Lisa is also very experienced in dealing with equality and human rights issues arising in the context of local government activity, and she is renowned for her skill in dealing with politically sensitive cases in a tactful and human way (Chambers and Partners 2017), making her an extremely effective local government advocate.

Notable cases include:

R (Harvey) v Ledbury Town Council (hearing listed for 1st March 2018): Lisa is acting for the Council in a challenge brought by a Council member and concerning the relationship between Town and Parish Councils' powers with respect to members under their internal grievance procedures, and the powers of lead authorities in Code of Conduct proceedings brought under section 26 of the Localism Act 2011.

Cambridge City Council v Traditional Cambridge Tours Ltd (Claim No HQ17X03911): Lisa is acting for the City Council in this high profile application for an injunction to prevent illegal touting and punting on the River Cam: see Observer article from 29th July 2017.

Save Wornington College v (1) Kensington and Chelsea College and (2) The Royal Borough of Kensington and Chelsea: Lisa acted for the claimant residents' group in pre-action protocol judicial review proceedings concerning the College's decision to merge with Ealing, Hammersmith and West London's College. The Minister intervened to halt the merger upon receipt of the claimants' pre-action letter, and the merger has now been called off in its entirety (December 2017).

R (Bewley Homes plc and others) v (1) Waverley Borough Council and (2) Farnham Town Council [2017] 2 P&CR 19: Lisa acted successfully (and received an award of costs) for the Town Council in this claim for judicial review by the claimant property developers of the LPA's decision that a draft neighbourhood plan proposed by the Town Council met the basic conditions for a neighbourhood plan pursuant to paras 8 and 12 of Schedule 4B to the Town and Country Planning Act 1990.

R (Sibelco Ltd) v Devon County Council (CO.3380/2017): Lisa acted for the Defendant LPA in this claim for judicial review of its decision to grant planning permission to itself for alterations to the A382 and associated development. The case settled favourably to the Defendant (August 2017).

• North South Interconnector, Northern Ireland: Lisa acted for Armagh, Banbridge and Craigavon Council into the Inquiry concerning the Northen Ireland section of the north-south interconnector, a 400 kv strategic link between the electricity grids of Northern Ireland and the Republic of Ireland (February 2017).

High Speed 2 (2013-16): Lisa was one of the team of Counsel acting for the Department for Transport and HS2 in the HS2 House of Commons Select Committee proceedings, dealing with a wide range of issues raised in local authority petitions, including those concerning planning and environmental matters, rating considerations, health and equality impacts, impacts on educational, health and other public facilities, consultation and compensation.

R (Daws Hill Neighbourhood Forum) v Wycombe DC [2014] EWCA Civ 228, [2014] 1 WLR 1362: Lisa acted for the Neighbourhood Forum in the leading decision of the Court of Appeal concerning the interpretation and application of the neighbourhood planning provisions of the Town and Country Planning Act 1990.

R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA 1345, [2014] Eq LR 60: concerned the closure of the Independent Living Fund and a leading authority on the scope and nature of the Public Sector Equality Duty under the Equality Act 2010; the case involved consideration and analysis of local authorities' powers and duties with respect to the disabled.

R (Barnsley MBC) v SSCLG [2013] PTSR 23: concerning the question of whether a local authority had power under sections 121 of the Local Government Act 1972 and 2 of the Local Government Act 2000 to make a compulsory purchase order with respect to land in its area registered as a town or village green.

R (Rahman) v Birmingham City Council [2011] Eq LR 705: Lisa acted for the local authority in a challenge brought on PSED grounds to its decision to end funding for voluntary agencies providing legal advice to ethnic minorities and the disabled as a result of budgetary cuts.

Wolverhampton City Council v Special Educational Needs and Disability Tribunal [2007] ELR 418: Lisa acted for the LEA in an appeal to the Court of Appeal concerning the jurisdiction of the SENDIST.

Day v Brighton & Hove City Council [2007] Env LR D6: Lisa acted for the Defendant local authority in a challenge to a decision of the LPA to adopt a Waste Local Plan following a lengthy consultation period.

Lawrence v Cambridgeshire County Council [2006] ELR 343: Lisa acted for the Claimant in this challenge under the Disability Discrimination Act 1995 to a school's refusal to admit a disabled child into the school premises in a pushchair by way of an exception to its policy forbidding pushchair access.

R (Essex CC) v Secretary of State for Transport [2006] 1 EGLR 91: Lisa acted for the claimant local authority in this challenge to the Government white paper on the future of air transport in the UK.

  • Member of the Administrative Law Bar Association (ALBA)
  • Member of the Planning and Environment Bar Association (PEBA)

News

Lisa Busch QC joins Cornerstone Barristers

21st December 2017

Cornerstone Barristers welcomes Lisa Busch QC who joins the public law set from Landmark Chambers, bringing the number of silks up to 15. Lisa Busch QC is a senior public lawyer....

EVENT

Cornerstone Barristers Annual Planning Day 2018

5th November 2018

1

Delivering sustainable growth in a time of change Aimed at planning consultants and developers, the conference will specifically focus on providing practical guidance on the latest developments in planning law. Our barristers....