Paul Shadarevian QC

Paul has expertise across all areas of planning law, including housing, infrastructure and other public projects; compulsory purchase and compensation; local development frameworks and documents; employment and commercial; and major redevelopment and regeneration schemes. He has a thorough understanding of all major disciplines and regulatory considerations that affect development proposals, from project and policy formulation through to the presentation of proposals at appellate level.

A former Junior Counsel to the Crown, Paul has practiced as both as a solicitor and a barrister. He is a former Partner of global legal practice Norton Rose Fulbright, where he was responsible for many major planning and infrastructure projects including the Jubilee Line Extension, the redevelopment of County Hall, London, and Reading Town Centre redevelopment and CPO.

Paul's commercial incisiveness and considerable negotiation and drafting expertise enables him to advise private and private sector clients alike in the formulation of proposals, the drafting and negotiation of related development, and planning and infrastructure agreements.

DCO/NSIP

• Acting for Thurrock Council as principal objector to the Lower Thames Crossing DCO.
• Acting For Kent CC in opposition to the Kelmsey Waste to Energy DCO.

Housing, infrastructure and other public projects

Paul is frequently instructed on significant housing development projects many of which involve the provision of major infrastructure. Current and recent instructions include:

• Junction 7A M11 for Essex County Council.
• A120 Southern Bypass for Hertfordshire County Council.
• A130/A13/A127 Interchange for Essex County Council.
• Bathside Bay International Container Port for Tendring DC.
• Tower Hamlets to advise on the Aberfeldy Village CPO.
• He is also acting as legal advisor to the consortium of developers regenerating Purfleet Town Centre for 2800 houses and a new UK studio and production complex for the international film industry.
• Paul was the lead legal advisor in relation to the London Gateway LDO, involving negotiations in relation to the associated106 agreement for Thurrock Council which won the RTPI National Prize for Planning Excellence in 2014.
• He was engaged in relation to BT's proposals at Adastral Park (2000 houses, with associated infrastructure) and has had conduct of recent High Court L&CA proceedings relating to legal principals surrounding Sustainability Appraisals.
• He was engaged in relation to the North Chelmsford urban extension and the proposals submitted by Countryside/Zest for several thousand dwellings, major employment provision, community facilities and a new mainline train station and line (this case presented considerable challenges in terms of infrastructure provision and phasing) and engaged in the negotiation of the complex planning obligations and contributions package.
• Substantial housing schemes include, by way of example, Bata Field (500 houses) a major green belt departure, Cory's Wharf (700 dwellings proposed by Wimpey) (a London Gateway site described by the Inspector as an extremely important one in the national context), Brittania Works Site, Bedford (250 dwellings, a case that turned on the location and distribution of affordable housing) and Witham (130 dwellings) on behalf of Bloor Homes (where noise considerations and proximity to the A12 were of primary importance).
• He also appeared at the Drapers Yard Appeal, Thurrock (250 dwellings): a case that turned on detailed urban design issues and the Ardale appeal, Stifford (200 dwellings) where green belt and sustainability issues were at the fore, and Butts Lane, Stifford (250 houses turning on issues of prematurity and 5 year supply).
• Advice in relation to the proposed new settlement at Peterborough (Peterborough Southern Township, now known as Hampton) on behalf of Hanson Land Development Limited (this involved advice on environmental matters associated with the proposed development and one of the largest populations of the Great Crested Newt in northern Europe).
• He has been retained recently by a number of Local Authorities and developer appellants in relation to major housing appeals involving housing supply issues, landscape and highways considerations.

Local Plans and Local Development Orders
Paul is currently advising many local authorities in relation to emerging local plans and related housing supply, green belt release and employment issues. His advice to local authorities encompasses both procedural and substantive issues, including the drafting of policies and the consideration of strategic issues, particularly with regard to structural and spatial considerations and compliance with environmental regulatory procedures (AA/SA etc.).

Paul combines a forensic approach to drafting with an inventive style of policy formulation having regard to the need to reconcile often competing policy objectives and the need to ensure development is matched with infrastructure provision.

He has devised and formulated strategic and development control policies and provided detailed input to the drafting of policy and the formulation of contribution strategies and SPDs. He also advises local authorities on the preparation for, and conduct of, LDF examinations and the detailed aspects of SAs and SEAs. Paul is currently instructed by Brentwood Borough Council on their Replacement Local Plan.

He has acted successfully in relation to or is acting in relation to the following Plans:

• Chelmsford Borough Council in respect of its LDDs.
• Thurrock Council's Core Strategy and its emerging Local Plan.
• Ipswich Borough Council's Core Strategy.
• Telford and Wrekin's Central Action Area Plan.
• Colchester Borough Council in respect of its LDDs.
• Watford Core strategy and emerging Local Plan.
• Suffolk Coastal DC's core strategy and associated High Court and Court of Appeal action;
• North Chelmsford Area Action Plan and its Contributions SPD in light of emerging Regulatory framework.
• Thanet Local Plan (Government intervention).
• Brentwood Local Plan.
• Kent Waste and Minerals Plan Review.
• East Devon District Council Part 1 (Strategic Allocations).

     He has drafted and advised in relation to the following LDOs and related
     s.106 Obligations:

• • London Gateway
  • Milton Park
  • Didcot Technology Park

Negotiating and advising on major redevelopment and regeneration schemes
Paul has a wealth of experience advising on major schemes of development and redevelopment in the context of public and private partnerships, where he is able to engage his considerable drafting, negotiating and advisory skills in relation to s.106 agreements, development agreements, and procurement issues.

He was recently engaged in negotiating substantial s.106 agreements in relation to the Channels (750 dwellings) and Countryside Zest (3000 dwellings, rail station, business park and highway infrastructure) for Chelmsford City Council and he successfully negotiated the Garrison and Severals redevelopment s.106 agreements for Colchester BC (as well as advising on the planning procedural formalities associated with the developments and the achievement of substantial regeneration benefits and infrastructure provision). He is currently engaged for the promoters of the Purfleet Regeneration Scheme (see above).

Compulsory purchase order experience
Paul's compulsory purchase experience is often an invaluable asset when dealing with complex redevelopments involving multiple interests. He advises extensively on compulsory purchase and compensation matters for both public and private sector. Examples include proposed new highway infrastructure; town centre redevelopments; private sector proposals involving waste and minerals; and business proposals. He also appears in the Lands Tribunal for compensating authorities and claimants alike.

Examples of Paul's compulsory purchase order experience include:

• Junction 7A M11 for Essex County Council.
• Luton Town Centre transportation scheme on behalf of Luton Borough Council.
• Bishops Stortford Town Centre redevelopment on behalf of East Herts DC and Essex CC.
• Tower Hamlets Aberfeldy Village CPO.
• A13 widening for Thurrock Council.
• A13/A130/A127 Interchange for Essex County Council.
• Watford General Hospital for Watford Council.
• A120 bypass for Hertfordshire County Council.
• Ely Southern Bypass for Cambridgeshire County Council.
• M16 compensation issues.
• Compensation issues arising from the Emirates Stadium redevelopment for Islington Council and Arsenal FC.
• Acting for Essex County Council in relation to the multi-million pound case of Essex County Showground Ltd. V Essex County Council (race course proposals) and was instructed in relation to the Court of Appeal following the LT decision in the same case.
• Advice in relation to CPO and planning aspects of major town centre redevelopment schemes including the Reading Oracle, Harlow Town Centre and Chelmsford town Centre.
• Advising on, drafting Orders and presenting a case for the development and substitution of common land for highways purposes to facilitate strategic employment development at Temple Farm, Chelmsford on behalf of Wharf Land Developments and Chelmsford B.C.
• London and Edinburgh Trust plc redevelopment of Reading Town Centre (the Reading Oracle) (retail and office scheme) including advice on planning strategy, content of application, subsequent appeal, drafting of planning and infrastructure agreements, advice in relation to and conduct of subsequent CPO proceedings and the negotiation of and drafting of agreements with objectors.

Transport and transportation schemes
Paul's transport and transportation scheme experience is comprehensive and wide ranging, with experience including:

• Advising objectors including Dagenham Motors Group on the Heathrow Express.
• Advising objectors in relation to scheme issues and compensation for Crossrail.
• Promoting A13/A130 Interchange involving CPO inquiry and advice in relation to policy and technical justification and appropriate assessment.
• Advising in relation to the need for planning, listed building and associated consents for the Penzance Harbour Passenger Ferry Extension.
• Advising on parliamentary and CPO matters for sponsors Olympia and York in relation to the Jubilee Line Extension.
• A13 widening for Thurrock Council.
• Junction 7A M11 for Essex County Council.
• A120 bypass for Hertfordshire County Council.
• Ely Southern Bypass for Cambridgeshire County Council.

Employment and other commercial
His experience in relation to employment and commercial developments encompasses all aspects from conception through to negotiation and appeals.

As a solicitor he had successful conduct of the County Hall Group's (and thereafter the London Residuary Body's) application for the redevelopment of County Hall, London, including conduct of the inquiry, negotiation of planning obligations and subsequent High Court and Court of Appeal proceedings. This was a complex matter involving listed building and architectural matters, issues surrounding the redundancy of a long standing public building, employment, leisure and other issues.

Examples of other matters include:

• Advising Colchester Borough Council in relation to major out of town leisure proposals at Horkesley Park, a substantial green field proposal involving issues of PPS6, regional significance and sustainability.
• Advising TTGDC in respect of ABP's proposals for the expansion of the Port of Tilbury.
• Gaining permission (following a call in inquiry) for the very substantial B2/B8.
• Advising Thurrock Thames Gateway Development Corporation in relation to the strategic employment site within Thurrock Thames Gateway know as Ponds Farm II and instructed to appear on their behalf at the forthcoming public inquiry. It involved strategic considerations of economic regeneration and more localised impacts in environmental and highway infrastructure terms.
• Advising on the development at Temple Farm for Wharf Land Developments which included matters of great sensitivity including the development of common land for access purposes, PPS 9 and Habitats Directive considerations, ancient woodland and strategic economic policy and employment growth.

Retail
He has extensive experience in relation to retail and mixed use schemes (see also CPO section below) He has advised the private sector and the public sector in relation to major Town Centre schemes (see below).

He has advised Thurrock Thames Gateway Development Corporation in relation to prospective transformation of the Lakeside Regional Shopping Centre and retail park into a regional town centre and is advising Thurrock Thames Gateway Development Corporation in relation to the proposed expansion of Lakeside regional shopping centre by Capital Shopping Centres Ltd.

He has a particular specialism in relation to retail impact and has recently successfully opposed major retail schemes (including schemes by Tesco) as well as achieving consents for other national retailers, including the Chelmsford Lidl store on behalf of Quadrant. He was engaged by the Developer, TBH Ltd, in relation to the proposed Sainsbury's Superstore in Medway for which permission was granted in 2011. He also appeared at the Scotch Corner major Call In as principal Objector for Darlington BC. Other cases include:

• He appeared on behalf of Sainsbury's Homebase/Hill Samuel in relation to a retail warehouse proposal, Chelmsford.
• Paul successfully opposed a superstore proposal at Hayle Harbour for Penwith DC.
• He appeared for Coventry CC opposing an out of town Asda comparison retail proposal.
• Paul has also successfully opposed Tesco's proposals at Halesworth and Hadleigh and Morrisons at Christchurch.

Other advisory/advocacy work has included Proposed town centre redevelopment at Huntingdon, including negotiation of s.106 obligations and aspects of development agreement on behalf of The Church Manor Estates Company plc. Banbury town centre redevelopment and associated compulsory purchase matters on behalf of the developer, Raglan Properties. London and Edinburgh Trust plc redevelopment of Reading Town Centre (the Reading Oracle) (retail and office scheme) including advice on planning strategy, content of application, subsequent appeal, drafting of planning and infrastructure agreements, advice in relation to and conduct of subsequent CPO proceedings and the negotiation of and drafting of agreements with objectors; Proposed superstore and B1/B8 development in Nottingham on behalf of Imperial Tobacco; Felixstowe Sunday Market, planning appeal, local plan inquiry and subsequent s.288 proceedings.

Minerals, waste and environmental
He has advised Essex County Council in relation to its waste and minerals LDF and has extensive experience in relation to all waste projects including waste to energy, MRFs. He also advises LWAs on Governmental recycling targets, waste to landfill limits and Landfill Allowance Scheme under the EPA 1990 and the Waste Emissions Trading Act 2003, potential medium and long term liability and the vires of the Government's limits and penalties. He has also advised in relation to the obligations and liabilities of Local Authorities with respect to the Localism Act 2011 and the Waste Framework Directives, including liability to financial penalty. He recently acted for Kent CC in relation to its Waste and Minerals Plan review.

Projects and appeals include:

• Promotion of the Thetford CHP proposal on behalf of MEIF Ltd.
• Appearing at various planning appeals in relation to two proposed extensions to sand and gravel quarries in Essex. A major one on behalf of Essex CC at Fingrinhoe Quarry was a complex appeal involving landscape impact, noise and dust emissions, transportation, availability and need for the realisation of deposits, and the benefits to be derived from water transportation by barge to the Thames safeguarded wharves.
• Appeared at Planning appeals in relation to extension of a recycling centre in the Green Belt, waste transfer facilities and other waste proposals in Thurrock on behalf of the appellants.
• Advice in relation to proposed mineral extraction and landfill project at Beddington Farmlands, Sutton on behalf of Thames Waste Management Limited. Negotiated changes to UDP policies to admit consideration of the site (in Metropolitan Open Land) for waste disposal purposes. Drafted and negotiated Unilateral Undertaking. Gave advice in relation to subsequent licence conditions; appeared at subsequent appeal.
• The negotiation of licence conditions in relation to extended landfill site at Norlands Lane, Thorpe, Surrey.
• Proposed landfill scheme at Coldharbour Lane, Surrey; pre and post-application advice.
• Proposed extension to existing landfill site at Thorpe, Surrey.
• Appearing for Premier Aggregates in relation to the proposed extension to existing landfill site in Surrey.
• Proposed waste transfer station at Long Reach Sewage Treatment Works, Dartford on behalf of Thames Water Utilities Ltd.
• IPC and licensing matters in relation to existing landfill sites.
• Advice on policy aspects and merits of a proposed major EFW plant in Surrey by Thames Waste Management.
• Advice in relation to the sale of contaminated land, the apportionment of future liability and its existing liabilities and advice on provisions within proposed contract for sale.
• Advice to waste operators in relation to the Environment Agency's powers under EPA 1990.

Enforcement
Instructed to advise on and appear at enforcement inquiries on behalf of many local authorities and private sector clients including major waste companies at both County and borough/district level; instructions are numerous but include by way of example:

• Waste developments.
• Minerals developments.
• Aerodrome developments.
• Travellers/gypsies generally and Winter quarters for Travelling Show People.
• Discontinuance notices and advertisements.
• Golf course and other unlawful leisure developments.
• Various High Court cases involving SoS decisions on enforcement notices and injunctions.
• Details of his experience are available through Chambers' Clerking team subject to confidentiality.

Listed buildings
He advises extensively on listed building and conservation issues By way of example, he has had conduct of the London Residuary Body's case for the redevelopment of County Hall, London (and associated local government matters), including conduct of subsequent High Court and Court of Appeal matters.

He has advised on the listed building implications of proposed development works to Penzance and Hayle Harbours. He fought a successful appeal for the conversion of a 2* grade mill to residential accommodation and has advised in relation to several proposals for the change of use of listed buildings. He is acting for Hull City Council in relation to the redevelopment of the National Picture Theatre.

Proposed Ely Bypass on behalf of Cambridgeshire County Council: setting issues Ely Cathedral.

Rights of way
Paul Has advised extensively on rights of way in the context of development proposals and in relation to definitive plans, including the stopping up of highways and the determination of their public status in High Court proceedings.

Green Belt and countryside
Paul has extensive experience of Green Belt issues in relation to development proposals and their impact on forward planning (Development Plans) and major housing and infrastructure schemes.

Please see related entries.

EIA/SEA
Paul has substantial experience of strategic environmental assessment in the context of forward planning and the assessment requirements of all LDDs.

Please see his relevant Development Plan experience.

His considerable drafting and negotiating skills have been utilised by the public and private sector for drafting and negotiating major public infrastructure agreements, Development agreements and complex s.106 Agreements. These have included the Colchester Garrison development and Northern Approaches Agreement for Colchester Borough Council, Bathside Bay infrastructure and s.106 Agreements, Felixstowe Port (South Reconfiguration) (Infrastructure and s.106 Agreements) amongst others.

Public Procurement
He also regularly advises local authorities on public procurement contracts and EC requirements . These have included: Colchester Leisureworld, Hull Primary Healthcare Trust Procurement issues, the procurement of waste services and other service and supply contracts, and the duties arising out of private/public sector redevelopment schemes for a number of local authorities including Kent County Council, Chelmsford Borough Council and Forest Heath District Council amongst others. He regularly gives lectures on EC procurement procedures and recent case law.

Miscellaneous
Other Local Government work includes:

• Property and commercial aspects of compulsory acquisition and public sector development; including the effect and enforceability of restrictive covenants on development proposals;
• The legal liabilities and responsibilities as lead development partners in state aided regeneration projects; the administration of National Heritage Lottery Grant, , and other related local government matters.

Other recent cases include:

• Braintree v Secretary of State [2018] interpretation of NPPF and isolated dwellings
• NANT v Suffolk Coastal District Council [2014] : defending environmental challenge to Core Strategy and 2000 dwelling allocation to Martlesham (High Court decision awaited)
• Sharp v Chelmsford City Council [2013] defending environmental challenge to Chelmsford City Flood Defence Scheme
• Hockley v Essex County Council [2013] EWHC 4051 (Admin): defending environmental challenge to proposed major waste handling facility in Essex