Paul Shadarevian QC specialises in Planning; Compulsory Purchase and Compensation; Local Development Frameworks and Policy Formulation; Highways; Listed Buildings and Conservation Areas; Local Government and Public Procurement; and Environmental law.
He was listed as one of the top planning silks by the Planning Magazine Law Survey 2019 and consistently appears in legal directories as a leader in his field.
The Legal 500 2020
A former Junior Counsel to the Crown, Paul has practised 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, Reading Town Centre redevelopment and CPO, Strategic waste facilities and Landfill at Beddington Farmlands, and the redevelopment of Almack House, St James Square.
He has a thorough understanding of all major disciplines and regulatory considerations that affect development proposals, from project and policy formulation through to scrutiny and expert presentation of proposals at appellate level.
As well as his recognised advisory and advocacy skills at inquiries and in the superior courts, his commercial incisiveness and considerable negotiation and drafting expertise enable him to advise private and public clients alike in the formulation of proposals, and the drafting and the negotiation of related development, planning and infrastructure agreements and policy.
Paul is currently leading the teams in relation to the new proposed Local Development Orders for London Gateway LDO2 and Milton Park LDO2.
Paul also recently acted successfully for the Secretary of State in the High Court action defending the Secretary of State's decision to dismiss the appeal in relation to the redevelopment of the London Fire Brigade headquarters on the Southbank, which raised contentious heritage issues including the interpretation of the NPPF and NPPG in relation to the meaning of less than substantial harm and the reasoning required to establish this.
In March 2022 two local plans in which he advised and represented the Councils (Brentwood and Folkestone and Hythe) have been found sound and adopted. Both plans promote substantial new settlements (a garden community in the green belt and a new town on greenfield).
He recently advised Basildon Council in relation to the withdrawal of its local Plan.
Paul was the lead legal advisor in relation to the original 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 acts for the promoters of the Purfleet Regeneration Scheme (2800 dwellings, new film studios and related development) and also acted on the CountrysideZest proposals for North Chelmsford (for 3500 homes, new railway station and business park), the Colchester Garrison and Severals redevelopments and the original Milton Park LDO and their associated agreements.
He has a 100% track record in promoting local plans from early stages through to examination and instils confidence in the professional teams he leads and advises.
Planning - "He is totally dedicated, very knowledgeable and a pleasure to work with." Chambers and Partners 2022
"A very knowledgeable and approachable professional that works well with his clients. He understands the brief and asks the pertinent questions promptly. His working style is inclusive, taking a forensic approach to tasks, is good at scoping and resolving problems and importantly he delivers results on time." Legal 500 2021
"His cross-examination of experts is succinct, superb and devastating." The Legal 500 2020
"Recommended for major housing development." The Legal 500 2018
"He is a very, very good advocate who is very to the point." Chambers & Partners 2018
"He provides well-rounded, meticulously detailed and easily comprehensible advice." Chambers & Partners 2018
"Highly recommended for CPO-related work." Legal 500 2017
"Very knowledgeable in planning law and extremely focused on securing the best for the client." Chambers & Partners 2017
"He is invaluable as he gets straight to the key points in conference, he wins his points calmly without showboating, and he keeps tight control of the case." Chambers & Partners 2017
"Provides excellent tactical advice with pinpoint accuracy." Legal 500 2016
"He is very forthright and good at cutting to the chase." "A tenacious advocate who is well respected by his clients and also a good team player." Chambers & Partners 2016
"He is inspiring to watch as an advocate at planning inquiries." Legal 500 2015
Previous directory quotes have also included: "top notch", "a stylish but tough advocate", "a lateral thinker and excellent team leader on major projects" and a barrister, "whose direct and no nonsense approach has earned him the respect of his peers and clients alike" and "whose cross examinations are always superb".
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
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:
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:
He has drafted and advised in relation to the following LDOs and related
s.106 Obligations:
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:
Transport and transportation schemes
Paul's transport and transportation scheme experience is comprehensive and wide ranging, with experience including:
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:
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:
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:
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:
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:
Other recent cases include:
1st January 2010
Original joint author and joint Consultant Editor of Butterworth's Planning Law Service.
Paul gives seminars, speaks at conferences and provides practical workshops for Chamber's clients and organizations such as the East of England RTPI conference. Subject matter has included government reform of planning obligations, the law relating to and the drafting and negotiation of planning obligations and the preparation for and the giving of evidence at public local inquiries, the conduct of local planning authorities and material considerations at development control stage.
News:
19th April 2022
18th April 2022 is World Heritage Day ("International Day for Monuments and Sites"). In this special bulletin we bring together a few topical developments in the world of heritage planning. 1. Holocaust....News:
Paul Shadarevian QC has been invited to join the board of Urban Catalyst in a non-executive capacity
28th October 2020
Paul Shadarevian QC has been invited to join the board of Urban Catalyst in a non-executive capacity to assist in promoting consensus projects that have, as their main objective, the....News: Planning and Environment
Cornerstone Barristers Planning Bulletin - Issue 5
15th May 2020
Welcome to the fifth edition of the Cornerstone Planning Bulletin, a digestible summary of planning law and practice to help all those with an interest in the planning system to....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....Case: Planning and Environment
Conservation village of Boxford protected from further housing development
6th November 2018
This s.78 planning appeal related to proposed housing development in the Conservation village of Boxford. The decision is of interest because it concerns the operation of paragraph 109 of the....Case: Planning and Environment
Court of Appeal clarifies the meaning of the phrase “new isolated homes in the countryside”
28th March 2018
Paragraph 55 NPPF provides that decision-takers should "avoid new isolated homes in the countryside unless there are special circumstances". In a judgment handed down today, Lindblom LJ (giving the judgment of....News: Public Law and Judicial Review, Planning and Environment
13th February 2017
Matt Hutchings, Paul Shadarevian and Tom Cosgrove have been formally appointed Queen's Counsel following a ceremony at Westminster earlier today. Click here for further information on their appointments. ....News: Public Law and Judicial Review, Planning and Environment, Housing, Property, Commercial and Regulatory
Cornerstone Barristers announces three new silks
12th January 2017
Cornerstone Barristers is proud to announce that Paul Shadarevian, Matt Hutchings and Tom Cosgrove are to be appointed Queen's Counsel. Paul Shadarevian has extensive expertise across all areas of planning law,....News: Planning and Environment
The Cornerstone Planning Team goes from strength to strength
12th January 2017
The appointment of Planning Team members Paul Shadarevian and Tom Cosgrove to QC is the latest in a series of exciting developments for the team this year. The addition of....News: Planning and Environment
Cornerstone Annual Planning Day
17th November 2015
"From Green to Blue – planning under the Conservatives" The Cornerstone Annual Planning Day, which took place on 16th November at the Royal College of Surgeons, saw a number of planning consultants, solicitors and....News: Public Law and Judicial Review, Planning and Environment
Planning Magazine: The Planning Law Survey 2015
31st May 2015
Cornerstone Barristers is proud to note that 15 members of our Planning Group have achieved rankings in the 2015 Planning Magazine survey of the planning legal profession. James Findlay QC, Mark....Case: Planning and Environment
Cornerstone Barristers In First Local Plan Challenge To Reach The Court Of Appeal
17th February 2015
The Court of Appeal has today upheld Suffolk Coastal DC's adopted core strategy, in the first local plan challenge to reach the Court of Appeal. SCDC's core strategy had been....Case: Planning and Environment
Suffolk Coastal DC's Core Strategy Upheld By High Court
12th February 2014
In a judgment handed down on 6th February 2014, the High Court has dismissed a legal challenge brought by NANT (a local residents' action group) against Suffolk Coastal District Council's....Case: Planning and Environment
Challenge To Essex Waste Station Rejected
11th February 2014
Lindblom J has rejected a challenge by Mr and Mrs Hockley to a waste transfer station ("WTS") in Great Dunmow, Essex. The Claimants challenged Essex County Council's ("ECC") decision that no....Case: Public Law and Judicial Review
NANT v Suffolk Coastal District Council [2014]
29th January 2014
Defending environmental challenge to Core Strategy and 2000 dwelling allocation to Martlesham (High Court decision awaited)....Case: Planning and Environment
Norfolk County Council v Mason [2004] EWHC B1 (Ch)
1st January 2014
See full text of case.....Case: Public Law and Judicial Review, Planning and Environment
Sharp v Chelmsford City Council [2013]
29th October 2013
Defending environmental challenge to Chelmsford City Flood Defence Scheme.....Case: Public Law and Judicial Review, Planning and Environment
Hockley v Essex County Council [2013] EWHC 4051 (Admin)
29th August 2013
Defending environmental challenge to proposed major waste handling facility in Essex. Click here for Judgment.....Case: Public Law and Judicial Review, Planning and Environment
20th February 2012
Two members of Cornerstone Barristers have been separately instructed by local authorities to advise on the content of proposed Local Development Orders under section 61A of the Town and Country....Case: Public Law and Judicial Review
Kernahan & Anor, R (on the application of) v First Secretary of State & Ors [2005] EWHC 1106 (Admin)
1st January 2005
View judgment.....