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Philip Kolvin

Richard Ground QC

Called
1994
Silk/QC
2016
Telephone
020 7242 4986
CV
Email

Richard Ground QC is a specialist in planning, administrative and public law.

He has a particular strength in appearing in long and complicated planning inquiries and High Court challenges. Richard has been recognised by the UK legal directories and Planning Magazine annual survey to be one of the leading practitioners for many years. He is an elected committee member of the Planning Environment Bar Association.

Richard Ground QC is a specialist in planning, administrative and public law.

He has a particular strength in appearing in long and complicated planning inquiries and High Court challenges. Richard has been recognised by the UK legal directories and Planning Magazine annual survey to be one of the leading practitioners for many years. He is an elected committee member of the Planning Environment Bar Association.

Richard has consistently been rated as a leading practitioner as a junior and QC by both the legal directories.

Chambers & Partners

"His greatest strength is his ability to motivate and give confidence to everyone involved in the team.  He works extremely hard and his energy, enthusiasm and drive enable a huge amount of work to get done to the highest standard in accordance with the deadlines."  "Richard is very client-friendly engaging and calm.  His advice in conference is always clear and concise, and clients are impressed by his quick grasp of the issues."  Chambers & Partners 2018 

Legal 500

"Very thorough, but approachable and refreshingly informal when it's appropriate." "He has a great understanding of the facts and interpretation of the law." Legal 500 2017

Recent clients

  • Legal & General
  • London Development Agency
  • Herbert Smith Freehills
  • Berwin Leighton Paisner
  • Marrons
  • Burges Salmon
  • Dentons
  • Sharpe Pritchard
  • Savills
  • RPS
  • Numerous Local Authorities

Richard has a reputation for appearing successfully in long and complicated inquiries as well as shorter inquiries and hearings.

Housing

• Appeared for Taylor Wimpey/Oaklands in one of the largest residential schemes to be permitted by Secretary of State
(https://www.gov.uk/government/publications/recovered-appeal-oaklands-college-st-albans-campus-hertfordshire-ref- 3051164-1-november-2017) in Green Belt of 348 houses together with transformed College. [Decision letter 1 November 2017).
• Instructed to appeal at significant recovered Planning Inquiry into the Curve proposal for 30+ storey tower in West London in 2018.
• Numerous housing inquiries and hearings especially in South East for many of the leading housebuilders, consultancies and public authorities.

Heritage

• Appeared for Historic England in one of the most significant planning inquiries that they have appeared at concerning a Grade I mansion and Grade 1 RPG at Bramshill sitting October 2017-February 2018.
• Promoted the Crystal Palace Masterplan scheme at Inquiry which was one of the largest Park regenerations to go to a planning Inquiry. The Secretary of State granted permission and the High Court and Court of Appeal upheld the decision.

Retail & Infrastructure

• Appeared at called in Inquiry into one of the largest retail expansion cases in last year of approximately 80,000m2 of town centre uses at Cribbs Causeway for Bristol and alongside Hammerson.
• Appeared in three rail freight interchange planning inquiries each for around 2 million sq ft of B8 warehouse space. Most recently at SIFE where Secretary of State decided in favour of Richard's clients and the High Court upheld the decision
[Goodman Logistics v Secretary of State [2017] JPL 1115.
• Promoted, together with Tim Straker QC, one of the most significant infrastructure schemes for the Country for the expansion of Felixstowe container port and a new container port at Harwich for Hutchison.

Village Greens

Richard has appeared in numerous village green inquiries for landowners and has sat as an Inspector on many occasions.

Education

Richard was educated at St. John's College, Cambridge where he won the McMahon Law Studentship. He was called to the Bar in 1994 and was awarded the Sunley Exhibition by the Inner Temple.

Richard's "representation of the case was faultless and extremely professional".

"Richard got the absolute best out of our witnesses." 

"During the inquiry I was proud to be part of the team; this was down to [Richard's] organisation, management and presentation of our case." 

"It would have been extremely difficult to navigate this matter without your expertise and cool handling of the Inquiry procedure. Thanks."

"His greatest strength is his ability to motivate and give confidence to everyone involved in the team.  he works extremely hard and his energy, enthusiasm and drive enable a hige amount of work to get done to the highest standard in accordance with the deadlines."  "Richard is very client-friendly engaging and calm.  His advice in conference is always clear and concise, and clients are impressed by his quick grasp of the issues."  Chambers & Partners 2018

"Very thorough, but approachable and refreshingly informal when it's appropriate." "He has a great understanding of the facts and interpretation of the law." Legal 500 2017

"He's a very good judge of situations and he's very sensible. One of those people you instinctively trust." Chambers & Partners 2017

"On the ball, extremely professional, and very well prepared." Chambers & Partners 2017

"Excellent in guiding the team to a well thought-through strategy." Legal 500 2016

"He just feels like part of your team; he is superb." Chambers & Partners 2016

Richard is "praised for his clear thinking in complex cases and for his ability to offer robust practical advice", including his "no-nonsense efficient advocacy". Chambers adds that "he wins the client's confidence absolutely". Chambers & Partners 2015

Richard "punches above his weight and really impresses with his thoroughness". Legal 500 2015

Overview

Known for his considerable planning experience particularly in difficult planning and enforcement inquiries. Richard has been in some of the most substantial residential, green belt, town centre and heritage cases of the last few years. He has been instructed by many leading solicitors firms including: Eversheds, Herbert Smith Freehills, Berwin Leighton Paisner, Dentons and Marrons. Has a particular reputation for large infrastructure and complicated Inquiries as well as High Court challenges relating to planning. Rated by chambers and partners and legal 500 as a ranked QC and as junior consistently ranked in UK top 3 in Planning Magazine. Contributor to Sweet and Maxwell's practitioners Textbook Burnett-Hall on Environmental Law. Was elected committee member of Planning Environment Bar Association.

Richards's expertise includes:


Housing
• Appeared for Taylor Wimpey/Oaklands in one of the largest residential schemes to be permitted by Secretary of State in Green Belt of 348 houses together with transformed College. [Decision letter 1 November 2017].
• Appeared at 1 month inquiry in June/July 2018 into proposal for what would be tallest tower in west London. The evidence dealt with complex heritage impacts on a World Heritage site numerous conservation areas, registered parks and gardens and listed buildings. It was a recovered Secretary of State inquiry with 4 QCs instructed.
• Appeared for South Oxfordshire at Didcot inquiry in summer 2018 which was a major turning point because they restored the 5 year supply of housing through detailed evidence.
• Richard was instructed in major recovered jurisdiction case on former Molins factory site. It included issues about a data centre, a neighbourhood plan as well as Green Belt and AONB issues. Richard's clients succeeded in the appeal decision and the related neighbourhood plan legal challenge in 2018.
• Numerous housing inquiries and hearings especially in South East for many of the leading housebuilders, consultancies and public authorities.


Heritage
• Appeared for Historic England in one of the most significant planning inquiries that they have appeared at concerning a Grade I mansion and Grade 1 RPG at Bramshill sitting October 2017-February 2018.
• Appeared on Curve Tower inquiry in summer 2018 which had major heritage impacts on the World Heritage Site at Kew, conservation areas, registered parks and gardens and listed buildings. It had 4 QCs instructed and was a major Secretary of State recovered inquiry.
• Promoted the Crystal Palace Masterplan scheme at Inquiry which was one of the largest Park regenerations to go to a planning Inquiry. The Secretary of State granted permission and the High Court and Court of Appeal upheld the decision.



Retail & Leisure & Infrastructure
• Appeared at called in Inquiry into one of the largest retail and leisure expansion cases in last year of approximately 80,000m2 of town centre uses at Cribbs Causeway for Bristol and alongside Hammerson. Richard appeared for the City Council who would be most adversely affected by the proposal and who risked the loss of an even larger city centre scheme if the proposal was permitted. The case was called in by the Secretary of State and involved 4 QCs it closed in 2018 and the decision is awaited.
• Appeared in inquiry at Epsom into a new Aldi store. It involved complicated transport, planning and legal issues and sat for 2 weeks. Richard's clients were successful at the appeal.
• Appeared in three rail freight interchange planning inquiries each for around 2 million sq ft of B8 warehouse space. Most recently at SIFE where Secretary of State decided in favour of Richard's clients and the High Court upheld the decision [Goodman Logistics v Secretary of State [2017] JPL 1115.
• Promoted, together with Tim Straker QC, one of the most significant infrastructure schemes for the Country for the expansion of Felixstowe container port and a new container port at Harwich for Hutchison.



London Planning
• Richard has appeared in numerous high profile inquiries and hearings in London.
• He has recently appeared at the Curve Inquiry for what would be the tallest building in West London.
• He has appeared in numerous hearings alongside many of the largest consultancies including Savills.



Local Plans
Richard has appeared for numerous authorities promoting plans in England and Wales and for landowners making representations.



Rights of way
Richard has been instructed to appear in footpath and road inquiries and regularly advises on rights of way issues.
He has appeared in the High Court and Court of Appeal on Highway matters in including appearing for the highway authority in Smith v Land Registry and Cambridgeshire CA [2011] QB 413 [2011] 1QB 413.



Compulsory purchase
• Appeared for the Acquiring Authority in a major compensation claim of over £5m in Hanbury-Tenison v MCC ACQ/48/2013 in June 2014 with Michael Humphries QC against Guy Roots QC on Pointe Gourde and ransom values.
• Advised and promoted a major infrastructure compulsory purchase inquiry for Hutchison Ports, "the Felixstowe South Reconfiguration." This included dealing with a range of CPO powers under the Transport and Works Act and Planning Acts.
• Advised objectors to a London City Centre regeneration site and appeared at the Inquiry for them.
• Instructed for the principal objector (the local planning authority) in the L.I.F.E. inquiry a seminal case on the use of the compulsory purchase powers in the Transport and Works Act.



Commons, Town and Village Greens
Richard has acted as Inspector, for landowner objectors and applicants in numerous high profile Village Green Inquiries over the last ten years. He has spoken at numerous seminars on village greens.
• He appeared for Cotham School to save their playing fields from registration at a significant inquiry. The Inspector recommended in favour of the school that the fields should not be registered. Richard appeared successfully in the High Court to challenge the decision of the Council not to follow the Inspector. In R (Cotham School) v Bristol City Council [2018] EWHC 1022 (Admin.) The High Court decided the Council had acted unlawfully by departing from the recommendation of their appointed Inspector to register a school's playing fields as a new village green.
• instructed as Inspector for Cambridgeshire City Council for significant site in Ely.
• Acted as inspector for Hillingdon in the Medi Parc Inquiry. This was a significant village green inquiry lasting 3 weeks. This involved complicated issues of village green law and detailed factual evidence over a 20 year period and about 35 witnesses giving evidence on oath. The Objector was represented by George Laurence QC.



EIA/SEA
He has been instructed on numerous legal challenges which raise EIA issues recent examples include:
• R (oao Trashorfield) v Bristol [2014] EWHC 757 Admin
• Long v Monmouthshire & Optimisation [2012]EWHC 3130



Green belt and countryside
Richard has appeared in many of the most significant inquiries into green belt and countryside developments, such as:
• Chalvedon Hall 750 House scheme. Richard appeared for the successful local planning authority in resisting one of the largest proposals for housing in the Green Belt in 2014. The Secretary of State refused permission in June 2014. [click here to see the decision]
• Feniton Super Inquiry 4 conjoined inquiries for substantial housing proposals of 235 houses. Richard Ground appeared for local planning authority who were successful in 3 out of 4 cases.
• East Devon Major Housing Schemes in Tipton St John, Feniton and Ottery St Mary. These were 3 significant inquiries into major housing schemes in East Devon. They were the largest inquiries this Council have faced. It involved significant evidence about the land supply in
• LIFE, SIFE and Howbury Park Richard has appeared in two substantial rail freight cases seeking permission for 200,000 m² of development in the Green Belt both on sites of around hectares. These were the LIFE proposal near Heathrow where Duncan Ouseley QC appeared for the other side and the Howbury Park proposal near Bexley where Christopher Katkowski QC appeared for the other side.
• Hersham Underground Hotel. He appeared at an Inquiry into a significant proposal by a world famous architect to build a very large 5 star hotel said to be underground in the Green Belt. Russell Harris QC appeared for the developer.
He has regularly appeared in substantial and smaller inquiries where landscape evidence is necessary such as the proposals for 750 houses and other development at Pincents Hill in 2011. One of the critical issues there was the effect on countryside and landscape. West Berkshire's position was upheld and the Secretary of State Pickles refused permission. He has appeared in several inquiries involving race training establishments at Newmarket and Epsom and stud farms. He has advised and acted at inquiries on all manner of agricultural issues including agricultural workers units and cases involving the agricultural part of the General Permitted Development Order 1995.



Highways and transport
Richard has been chosen to appear on some of the most significant infrastructure projects for the UK, including:
• Richard drafted together with Tim Straker QC a successful High Court judicial review challenge of MMO consents which would have enabled a major expansion of the container port of Southampton.
• Together with Tim Straker QC for Hutchison Ports, the largest port operator in the world, in their major infrastructure inquiries at Bathside Bay and The Felixstowe South Reconfiguration which were decided in favour of the developer in late 2005 and January 2006. This included detailed consideration of the Habitats Regulations and Directive, the Coast Protection Act and FEPA consents.
• Howbury Park Railfreight terminal. He appeared for Bexley Council in this application for 198,000 m² (2 million square feet) of warehouses, and accompanying rail freight infrastructure. It was an application for the largest rail freight terminal in London. The case was a substantial Inquiry decided by the Secretary of State which lasted 6 weeks.
• Appearing for several different authorities including the Local Planning Authority in a joint Transport and Works Act compulsory purchase and planning Inquiry to build a 200 ha rail freight terminal and 210,000 m sq of warehouses near to Heathrow in Slough, the LIFE proposal. The Secretary of State upheld the Council's position and refused permission.
• Richard has been instructed to appear in footpath and road inquiries. He has appeared in the High Court and Court of Appeal on Highway matters in including appearing for the highway authority in Smith v Land Registry and Cambridgeshire CA [2011] QB 413 [2011] 1QB 413



Planning enforcement
Richard has appeared in numerous Inquiries in certificate of lawful use and enforcement cases including high profile gypsy cases for landowners and local planning authorities. Richard has also acted and advised in numerous High Court challenges under section 289 Town and Country Planning Act 1990.
• Richard is currently instructed by both landowners and local authorities in high profile enforcement cases.
• Richard was recently selected to appear for a local planning authority in certificate of lawful use inquiries with a high profile landowner. Richard's client authority were entirely successful at the Inquiry.
• He appeared in a very long running contentious Enforcement Inquiry which had been to the High Court and was back at Inquiry for the Local Planning Authority.
• Richard appeared at inquiry into a conservation area enforcement notice and planning appeals. Mary Cook appeared for the local planning authority.
• He appeared for a landowner in an enforcement appeal which concerned the meaning of a caravan. His client successful appealed to the High Court.




Environment
Richard has dealt with numerous aspects of environmental law, including cases concerning minerals and waste management, as well as in inquiries where the Habitats Directive and Regulations and SPA issues are central.
On numerous occasions advised and appeared in cases where the Environmental Statement and EIA issues are central to the case including three very substantial major infrastructure inquiries at Bathside Bay, the Felixstowe South Reconfiguration and the joint Transport and Works Act compulsory purchase and planning Inquiry to build a 200 ha rail freight terminal and 210,000 m sq of warehouses. In addition Richard has advised and appeared in leading cases on EIA law including Berkeley v SETR [2001] 3 CMLR 11 Court of Appeal.

Cases

Secretary of State confirms that town centres are the first port of call for main town centre uses
03.10.2018
The Secretary of State has agreed with the recommendation of his Inspector to refuse permission for an over 50,000 square metres retail led expansion to an out-of-town shopping centre known....

Major infrastructure and proportionality of contributions, the role of indemnities and delays in the appeal process
09.08.2018
On 6 August 2018, the Secretary of State rejected his Inspector's recommendation and granted outline planning permission for the development of a new mixed-use neighbourhood with up to 800 dwellings,....

High Court declares registration of school playing fields in Bristol unlawful
03.05.2018
In R(Cotham School) v Bristol City Council [2018] EWHC 1022 (Admin.) the High Court was asked to consider whether Bristol City Council had acted unlawfully by departing from the recommendation....

Upper Tribunal (Lands Chamber) decided council not ransomed by shooting rights
05.12.2014

Wednesday 3rd December 2014 saw the Upper Tribunal (Lands Chamber) decide that the Acquiring Authority should not pay a ransom value for the shooting rights at a site they acquired for a replacement cattle market in Monmouthshire, Wales.

....

Pinewood Studios And Major Housing Development
25.06.2014
An Important Week for the Green Belt: Pinewood Studios and Major Housing Development The Secretary of State issued two major Green Belt appeal decisions on consecutive days last week. They provide important....

Secretary Of State Refuses Permission For 750 Houses In Green Belt
20.06.2014
The Secretary of State refused permission for one of the most substantial proposals around London of 750 houses. Richard Ground appeared for Basildon and Mark Lowe QC appeared for the....

Inspector Dismisses Appeals Over East Devon Homes
10.04.2014
A planning inspector has rejected three out of four appeals against a council's refusal of plans for nearly 300 homes in East Devon. The homes were all proposed around the village....

Challenge to Bristol Rovers move away from Memorial Ground rejected
21.03.2014

The Administrative Court, sitting in Bristol has rejected an application to quash planning permission for

....

R (Oao Trashorfield) V Bristol [2014] EWHC 757 Admin
05.03.2014
Richard Ground together with James Findlay QC appeared for Bristol resisting the judicial review. The Council's grant of planning permission which facilitated a £200m regeneration project was successful. It involved....

Chalvedon Hall 750 House scheme
16.02.2014
This was a proposal for 750 houses in Green Belt in Basildon. Richard Ground was against Mark Lowe QC. Decision awaited.....

Feniton Super Inquiry
16.02.2014
4 conjoined inquiries for substantial housing proposals of 235 houses. Richard Ground appeared for local planning authority who were successful in 3 out of 4 cases.....

Great Cornard Inquiry
16.01.2014
170 House scheme. Substantial 2.5 week inquiry involving issues including detailed design issues, 5 year supply and effects on grade 1 listed building. Richard Ground appeared for successful planning authority.....

Bathside Bay Container Terminal and The Felixstowe South Reconfiguration
01.01.2014
Selected to appear as junior counsel with Timothy Straker QC for Hutchison Ports (UK) Limited and others at the 2 major infrastructure inquiries in 2004. Hutchison Ports (UK) Limited are....

Eastgate Retail Park Inquiry
11.10.2013
Important points of interpretation of sequential test for retail in out of centre case with bulky goods type condition. Against Paul Tucker QC. Richard Ground appeared for successful planning authority.....

Save V Sheffield City & Anr [2013]EWCA Civ 1108
16.07.2013
Major university development with build cost of £81m. Five QCs in case. Richard Ground together with James Findlay QC appeared for Council resisting judicial review of their decision to grant....

New Romney Village Green Inquiry
16.07.2013
Substantial village green inquiry where Richard Ground appeared for the successful landowner on an allocated housing site.....

Sudbrook Planning Inquiry
16.06.2013
Substantial housing inquiry for 340 houses in Monmouthshire. Richard Ground appeared for the successful planning authority. Case involved questions of sustainability and prematurity. Morag Ellis QC for developer.....

Ottery St Mary Planning Inquiry
28.11.2012
130 house scheme inquiry against Ian Dove QC. ....

Long v Monmouthshire & Optimisation [2012]EWHC 3130
20.11.2012
Challenge to a planning permission involved habitats regulations and EIA points. National media including tv feature on countryfile. See full text of case....

East Devon Major Housing Schemes In Tipton St John, Feniton And Ottery St Mary
21.07.2012
These were 3 significant inquiries into major housing schemes in East Devon. They were the largest inquiries this Council have faced. It involved significant evidence about the land supply in....

Crystal Palace High Court Challenge [2013] Env LR 5
16.06.2012
This was a High Court Challenge into the over £68m rejuvenation of Crystal Palace Park. The most significant park improvements ever to go through the planning inquiry system. The case....

Abergavenny Cattle Market
16.05.2012
The Case was a significant proposal to move the cattle market to a new site out of Abergavenny. The challenge was to the grant of planning permission for a new....

Louvigny Close Planning Inquiry
16.05.2012
Substantial Housing Scheme against Paul Tucker QC. ....

Housing development on a reserve site refused on appeal
20.02.2012
A planning appeal was dismissed in Canterbury City Council for a housing development on a reserve site. The developer challenged the five year housing supply position which was unsuccessful and the....

Secretary of State refused permission for a major Energy Recovery Facility at Twinwoods Business Park Bedfordshire
09.02.2012
On 9 February 2012 the Secretary of State refused permission for a major Energy Recovery Facility at Twinwoods Business Park Bedfordshire. The decision considered the IPC's development consent granted to....

Twinwoods Energy From Waste Proposal
01.02.2012
This was a Secretary of State Inquiry into a a major appeal into an energy from waste proposal. Richard Ground appeared for the waste planning authority. Their decision to refuse....

Canterbury City Council Puffin Road
01.02.2012
This was a planning Inquiry involving detailed scrutiny of the the housing land supply in Canterbury City Council was examined. Richard Ground appeared for Canterbury City Council. Their refusal of....

Conservation Area Enforcement Notice
01.12.2011
Appeal Against Conservation Area Enforcement Notice and planning appeal. Highly controversial case and one of the very few examples of conservation Area Enforcement Notice being served and subject to Inquiry.....

Brompton Diamond
01.11.2011
Proposal for enlarged glass diamond shaped building on Brompton Road. Involved detailed evidence on conservation areas, light effects and residential amenity. Designed by Ken Shuttleworth. Richard Ground appeared for Local....

Biogen Energy from Waste
01.06.2011
Appeared in a major energy from waste proposal through gasification Inquiry for the Waste Planning Authority in summer 2011. The decision is linked to the Covanta IPC decision.....

Pincents Hill Major Residential Proposal 2011
01.06.2011
Proposal for 750 houses and related development. Appeared for Local Planning Authority. The case had major landscape and housing supply issues.....

Hersham Golf Club
01.05.2011
Substantial planning appeal into proposed "underground" five star hotel in green belt. Against Russell Harris QC.....

Fulmer Wood Farm
01.03.2011
Certificate of lawful use inquiries. This case concerned appeals into 3 certificate of lawful use applications.....

Enforcement notice appeal in Wycombe
01.03.2011
Enforcement notice appeal in case that had previously been challenged.....

Brackenwood
01.02.2011
Enforcement notice appeal relating to chalet caravan. This was enforcement notice appeal. The decision was quashed in the High Court.....

Smith V Land Registry And Cambridgeshire CA [2011] QB 413 [2011] 1QB 413
10.01.2011
Court of Appeal case where Richard Ground appeared for the Highway Authority. It was a claim for adverse possession of a highway and involved detailed consideration of the aphorism "once....

Legal And General Crowthorne Site
01.01.2011
Advising and acting for Legal & General , instructed by Berwin Leighton Paisner , promoting an outline planning consent for mixed use development scheme on an unallocated brownfield site of....

Crystal Palace Park Masterplan
01.12.2010
This was a significant inquiry into a suite of proposals for the regeneration and rejuvenation of Crystal Palace Park and the National Sports Centre. Richard Ground appeared for the promoters....

R(on the application of Smith) v Land Registry and Cambridgeshire [2009] EWHC 328 (Admin)
01.01.2009
Appeared for the Highway authority in this case which concerned adverse possession of a highway. The Highway authority were successful at first instance and the case is due to be....

Howbury Park Railfreight terminal
01.01.2007
He appeared for Bexley Council in this application for 198,000 m² (2 million square feet) of warehouses, and accompanying rail freight infrastructure in 2007. It was an application for the....

Wokingham District Local Plan/ New Settlement Housing Inquiries
01.08.2000
Appeared for a major party in the joined Wokingham Local Plan Inquiry and three called-in housing applications for 2,500 houses. Leading council and junior represented four of the parties. It....

West Dorset District Council Local Plan
01.01.2000
Advocate for the Council in all the formal and semi-formal sessions at the Inquiry which ran under the transitional regime and has been adopted.....

Major Hotel and Casino Project in Guildford
01.01.2000
He appeared for the developer of a substantial £50m hotel and leisure and entertainment complex including a casino proposal in the centre of Guildford. The case involved complicated flooding, planning....

Europa House
01.01.2000
He was instructed by the local planning authority to oppose the development of a 376 bedroom hotel proposed by Schroder Exempt Property Unit Trust. The case concerned complicated Highways evidence....

Cambridge City Council Local Plan Inquiry
01.01.2000
Conducted advocacy for the City Council for the Inquiry run under the transitional regime which ran to time and has been adopted.....

News

Leisure Sector News Round-up
21.05.2018
By Ben Du Feu In the last year, Cornerstone's leisure team has been instructed in numerous high-profile cases, including the re-opening of the world-famous London club Fabric; Uber's legal challenge against....

Silk Day 2016
22.02.2016
Michael Bedford and Richard Ground have been formally appointed Queen's Counsel following a ceremony at Westminster earlier today. Click here for further information on their appointments. ....

Planning Magazine and Local Government Lawyer - New QC appointments
11.01.2016
Planning Magazine and Local Government Lawyer have both reported on the appointment of Cornerstone Barristers' Richard Ground and Michael Bedford as Queen's Counsel. Richard and Michael are among 107 new....

Cornerstone Barristers announces two new planning silks
11.01.2016
Cornerstone Barristers is pleased to announce that Michael Bedford and Richard Ground are to be appointed Queen's Counsel in the new silk appointments announced on 11th January 2016. Michael Bedford has....

Planning Magazine: The Planning Law Survey 2015
31.05.2015
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....

Court rulings send framework signals
04.08.2014
This article appeared in Planning Resource (subscription needed) on 25th July 2014. Several recent High Court cases involving housing proposals have considered the interpretation of paragraphs 14, 47 and 49 of....

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....

Cornerstone Breakfast Briefing: Is there now a de facto duty to give reasons for the grant of planning permission?
01.03.2017

1
Ramifications of the Court of Appeal's Judgment in Oakley v South Cambs DC [2017] EWCA Civ 7 The Court of Appeal's Judgment in Oakley v South Cambridgeshire District Council [2017] EWCA....

Cornerstone Annual Planning Day 2016
07.11.2016


Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

Overview

Richard's practice involves advising and appearing on behalf of numerous public bodies and applicants on all aspects of judicial review.

He has developed high level expertise in this area and a detailed tactical understanding of the process of bringing and defending judicial review claims.

Examples of recent work include advising on judicial review of decisions to grant planning permission, several judicial reviews concerning local authority highway powers and a threatened judicial review of a major property transaction.

Recent examples of cases include the following:

  • R (oao Trashorfield) v Bristol [2014] EWHC 757 Admin Richard Ground together with James Findlay QC appeared for Bristol resisting the judicial review. The Council's grant of planning permission which facilitated a £200m regeneration project was successful. It involved points about the section 106 agreement and the CIL regulations and retail impact.
  • Save v Sheffield City & anr [2013]EWCA Civ 1108 Major university development with build cost of £81m. Five QCs in case. Richard Ground together with James Findlay QC appeared for Council resisting judicial review of their decision to grant planning permission. The case involved the construction of the NPPF on the historic environment.
  • Long v Welsh Ministers & MCC [2012] AllER 183 Challenge to a decision of the Welsh Ministers. Novel case on exercise of powers under section 58 LG Wales Act 1994. John Steel QC, Clive Lewis QC and James Maurici QC also in the case.
  • Long v MCC and Optimisation [2012] EWHC 3130The Case was a significant proposal to move the cattle market to a new site out of Abergavenny. The challenge was to the grant of planning permission for a new superstore and library on complicated points of law related to Environmental Impact Assessments and the Habitat's Directive as well as domestic grounds relating to the Development Plan.
  • Crystal Palace High Court Challenge [2013] Env LR 5 This was a High Court Challenge into the over £68m rejuvenation of Crystal Palace Park. The most significant park improvements ever to go through the planning inquiry system. The case involved significant points of domestic and European law. Richard Ground appeared for the promoters of the scheme (LDA/GLA) who had successfully been granted planning permission by the Secretary of State
  • Bibb v Bristol City Council [2011] EWHC 3057 (Admin)Reported case of such high profile it led the national press. The opening of the shop had "caused" a riot. Richard Ground appeared for the Local Planning Authority. The permission was upheld by the High Court
  • Smith v Land Registry and Cambridgeshire CA [2011] QB 413 [2011] 1QB 413 Court of Appeal case where Richard Ground appeared for the Highway Authority. It was a claim for adverse possession of a highway and involved detailed consideration of the aphorism "once a highway always a highway".

Richard's practice involves giving regular advice on powers, duties and functions of local authorities in cases concerning planning, highways, statutory interpretation, regulatory law, the environment, racial discrimination, property, consultation, local government wellbeing powers and human rights.
His busy practice covers all aspects of judicial review and has enabled him to develop a high level of expertise and tactical understanding of bringing and defending judicial review claims.

Examples of recent work are two judicial review cases in relation to highway powers and defending a threatened judicial review of a local government property transaction.

Cases

R (Oao Trashorfield) V Bristol [2014] EWHC 757 Admin
05.03.2014
Richard Ground together with James Findlay QC appeared for Bristol resisting the judicial review. The Council's grant of planning permission which facilitated a £200m regeneration project was successful. It involved....

Save V Sheffield City & Anr [2013]EWCA Civ 1108
16.07.2013
Major university development with build cost of £81m. Five QCs in case. Richard Ground together with James Findlay QC appeared for Council resisting judicial review of their decision to grant....

Long V Welsh Ministers & MCC [2012] AllER 183
16.11.2012
Challenge to a decision of the Welsh Ministers. Novel case on exercise of powers under section 58 LG Wales Act 1994. John Steel QC, Clive Lewis QC and James Maurici....

Monmouthshire County Council upholds permission for superstore
09.11.2012
Richard Ground appeared for Monmouthshire County Council in successfully defending their decision to grant planning permission for demolition of an existing cattle market and construction of a Morrisons superstore and....

Abergavenny Cattle Market
16.05.2012
The Case was a significant proposal to move the cattle market to a new site out of Abergavenny. The challenge was to the grant of planning permission for a new....

Bibb V Bristol City Council [2011] EWHC 3057 (Admin)
24.11.2011
Reported case of such high profile it led the national press. The opening of the shop had "caused" a riot. Richard Ground appeared for the Local Planning Authority. The permission....

Smith V Land Registry And Cambridgeshire CA [2011] QB 413 [2011] 1QB 413
10.01.2011
Court of Appeal case where Richard Ground appeared for the Highway Authority. It was a claim for adverse possession of a highway and involved detailed consideration of the aphorism "once....

Crystal Palace Park Masterplan
01.12.2010
This was a significant inquiry into a suite of proposals for the regeneration and rejuvenation of Crystal Palace Park and the National Sports Centre. Richard Ground appeared for the promoters....

News

Silk Day 2016
22.02.2016
Michael Bedford and Richard Ground have been formally appointed Queen's Counsel following a ceremony at Westminster earlier today. Click here for further information on their appointments. ....

Planning Magazine and Local Government Lawyer - New QC appointments
11.01.2016
Planning Magazine and Local Government Lawyer have both reported on the appointment of Cornerstone Barristers' Richard Ground and Michael Bedford as Queen's Counsel. Richard and Michael are among 107 new....

Cornerstone Barristers announces two new planning silks
11.01.2016
Cornerstone Barristers is pleased to announce that Michael Bedford and Richard Ground are to be appointed Queen's Counsel in the new silk appointments announced on 11th January 2016. Michael Bedford has....

Planning Magazine: The Planning Law Survey 2015
31.05.2015
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....

Events

Cornerstone Annual Planning Day 2016
07.11.2016


Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

Overview

In property matters he has dealt with cases involving questions of easements, restrictive covenants, rights of way and highway points. An example concerning adverse possession and highways was the Court of Appeal R (on the application of Smith) v Land Registry and Cambridgeshire [2011] QB 413 where he appeared for the highway authority. He has built up a particular expertise in village greens and has sat as an inspector in many highly controversial cases, appeared for objectors and for applicants. He has dealt with many property matters in connection with planning inquiries.

Cases

Smith V Land Registry And Cambridgeshire CA [2011] QB 413 [2011] 1QB 413
10.01.2011
Court of Appeal case where Richard Ground appeared for the Highway Authority. It was a claim for adverse possession of a highway and involved detailed consideration of the aphorism "once....

Events

Cornerstone Annual Planning Day 2016
07.11.2016


Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....

Overview

Richard has advised and appeared in numerous cases on housing matters including housing allocations, section 204 appeals and interim relief hearings. In addition he has appeared in many planning inquiries concerning a whole range of housing issues. He has appeared for numerous local authorities and others in landlord and tenant matters.

Burnett-Hall on Environmental Law

1st January 2009

Contributor to Burnett-Hall on Environmental Law (2nd Edition) Richard Burnett-Hall and Brian Jones), Sweet & Maxwell, published in 2009 and chosen to contribute to the 3rd Edition.

Richard lectures for CLT and the Local Government Group in planning.

  • Planning and Environment Bar Association (PEBA)
  • National Infrastructure Planning Association (NIPA)
  • Compulsory Purchase Association (CPA)

Case

Secretary of State confirms that town centres are the first port of call for main town centre uses

3rd October 2018

The Secretary of State has agreed with the recommendation of his Inspector to refuse permission for an over 50,000 square metres retail led expansion to an out-of-town shopping centre known....

Case

Major infrastructure and proportionality of contributions, the role of indemnities and delays in the appeal process

9th August 2018

On 6 August 2018, the Secretary of State rejected his Inspector's recommendation and granted outline planning permission for the development of a new mixed-use neighbourhood with up to 800 dwellings,....

News

Leisure Sector News Round-up

21st May 2018

By Ben Du Feu In the last year, Cornerstone's leisure team has been instructed in numerous high-profile cases, including the re-opening of the world-famous London club Fabric; Uber's legal challenge against....

Case

High Court declares registration of school playing fields in Bristol unlawful

3rd May 2018

In R(Cotham School) v Bristol City Council [2018] EWHC 1022 (Admin.) the High Court was asked to consider whether Bristol City Council had acted unlawfully by departing from the recommendation....

News

Silk Day 2016

22nd February 2016

Michael Bedford and Richard Ground have been formally appointed Queen's Counsel following a ceremony at Westminster earlier today. Click here for further information on their appointments. ....

News

Planning Magazine and Local Government Lawyer - New QC appointments

11th January 2016

Planning Magazine and Local Government Lawyer have both reported on the appointment of Cornerstone Barristers' Richard Ground and Michael Bedford as Queen's Counsel. Richard and Michael are among 107 new....

News

Cornerstone Barristers announces two new planning silks

11th January 2016

Cornerstone Barristers is pleased to announce that Michael Bedford and Richard Ground are to be appointed Queen's Counsel in the new silk appointments announced on 11th January 2016. Michael Bedford has....

News

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

Upper Tribunal (Lands Chamber) decided council not ransomed by shooting rights

5th December 2014

Wednesday 3rd December 2014 saw the Upper Tribunal (Lands Chamber) decide that the Acquiring Authority should not pay a ransom value for the shooting rights at a site they acquired for a replacement cattle market in Monmouthshire, Wales.

....

News

Court rulings send framework signals

4th August 2014

This article appeared in Planning Resource (subscription needed) on 25th July 2014. Several recent High Court cases involving housing proposals have considered the interpretation of paragraphs 14, 47 and 49 of....

Case

Pinewood Studios And Major Housing Development

25th June 2014

An Important Week for the Green Belt: Pinewood Studios and Major Housing Development The Secretary of State issued two major Green Belt appeal decisions on consecutive days last week. They provide important....

Case

Secretary Of State Refuses Permission For 750 Houses In Green Belt

20th June 2014

The Secretary of State refused permission for one of the most substantial proposals around London of 750 houses. Richard Ground appeared for Basildon and Mark Lowe QC appeared for the....

Case

Inspector Dismisses Appeals Over East Devon Homes

10th April 2014

A planning inspector has rejected three out of four appeals against a council's refusal of plans for nearly 300 homes in East Devon. The homes were all proposed around the village....

Case

Challenge to Bristol Rovers move away from Memorial Ground rejected

21st March 2014

The Administrative Court, sitting in Bristol has rejected an application to quash planning permission for

....

Case

R (Oao Trashorfield) V Bristol [2014] EWHC 757 Admin

5th March 2014

Richard Ground together with James Findlay QC appeared for Bristol resisting the judicial review. The Council's grant of planning permission which facilitated a £200m regeneration project was successful. It involved....

Case

Chalvedon Hall 750 House scheme

16th February 2014

This was a proposal for 750 houses in Green Belt in Basildon. Richard Ground was against Mark Lowe QC. Decision awaited.....

Case

Feniton Super Inquiry

16th February 2014

4 conjoined inquiries for substantial housing proposals of 235 houses. Richard Ground appeared for local planning authority who were successful in 3 out of 4 cases.....

Case

Great Cornard Inquiry

16th January 2014

170 House scheme. Substantial 2.5 week inquiry involving issues including detailed design issues, 5 year supply and effects on grade 1 listed building. Richard Ground appeared for successful planning authority.....

Case

Bathside Bay Container Terminal and The Felixstowe South Reconfiguration

1st January 2014

Selected to appear as junior counsel with Timothy Straker QC for Hutchison Ports (UK) Limited and others at the 2 major infrastructure inquiries in 2004. Hutchison Ports (UK) Limited are....

Case

Eastgate Retail Park Inquiry

11th October 2013

Important points of interpretation of sequential test for retail in out of centre case with bulky goods type condition. Against Paul Tucker QC. Richard Ground appeared for successful planning authority.....

Case

Save V Sheffield City & Anr [2013]EWCA Civ 1108

16th July 2013

Major university development with build cost of £81m. Five QCs in case. Richard Ground together with James Findlay QC appeared for Council resisting judicial review of their decision to grant....

Case

New Romney Village Green Inquiry

16th July 2013

Substantial village green inquiry where Richard Ground appeared for the successful landowner on an allocated housing site.....

Case

Sudbrook Planning Inquiry

16th June 2013

Substantial housing inquiry for 340 houses in Monmouthshire. Richard Ground appeared for the successful planning authority. Case involved questions of sustainability and prematurity. Morag Ellis QC for developer.....

Case

Ottery St Mary Planning Inquiry

28th November 2012

130 house scheme inquiry against Ian Dove QC. ....

Case

Long v Monmouthshire & Optimisation [2012]EWHC 3130

20th November 2012

Challenge to a planning permission involved habitats regulations and EIA points. National media including tv feature on countryfile. See full text of case....

Case

Long V Welsh Ministers & MCC [2012] AllER 183

16th November 2012

Challenge to a decision of the Welsh Ministers. Novel case on exercise of powers under section 58 LG Wales Act 1994. John Steel QC, Clive Lewis QC and James Maurici....

Case

Monmouthshire County Council upholds permission for superstore

9th November 2012

Richard Ground appeared for Monmouthshire County Council in successfully defending their decision to grant planning permission for demolition of an existing cattle market and construction of a Morrisons superstore and....

Case

East Devon Major Housing Schemes In Tipton St John, Feniton And Ottery St Mary

21st July 2012

These were 3 significant inquiries into major housing schemes in East Devon. They were the largest inquiries this Council have faced. It involved significant evidence about the land supply in....

Case

Crystal Palace High Court Challenge [2013] Env LR 5

16th June 2012

This was a High Court Challenge into the over £68m rejuvenation of Crystal Palace Park. The most significant park improvements ever to go through the planning inquiry system. The case....

Case

Abergavenny Cattle Market

16th May 2012

The Case was a significant proposal to move the cattle market to a new site out of Abergavenny. The challenge was to the grant of planning permission for a new....

Case

Louvigny Close Planning Inquiry

16th May 2012

Substantial Housing Scheme against Paul Tucker QC. ....

Case

Housing development on a reserve site refused on appeal

20th February 2012

A planning appeal was dismissed in Canterbury City Council for a housing development on a reserve site. The developer challenged the five year housing supply position which was unsuccessful and the....

Case

Secretary of State refused permission for a major Energy Recovery Facility at Twinwoods Business Park Bedfordshire

9th February 2012

On 9 February 2012 the Secretary of State refused permission for a major Energy Recovery Facility at Twinwoods Business Park Bedfordshire. The decision considered the IPC's development consent granted to....

Case

Twinwoods Energy From Waste Proposal

1st February 2012

This was a Secretary of State Inquiry into a a major appeal into an energy from waste proposal. Richard Ground appeared for the waste planning authority. Their decision to refuse....

Case

Canterbury City Council Puffin Road

1st February 2012

This was a planning Inquiry involving detailed scrutiny of the the housing land supply in Canterbury City Council was examined. Richard Ground appeared for Canterbury City Council. Their refusal of....

Case

Conservation Area Enforcement Notice

1st December 2011

Appeal Against Conservation Area Enforcement Notice and planning appeal. Highly controversial case and one of the very few examples of conservation Area Enforcement Notice being served and subject to Inquiry.....

Case

Bibb V Bristol City Council [2011] EWHC 3057 (Admin)

24th November 2011

Reported case of such high profile it led the national press. The opening of the shop had "caused" a riot. Richard Ground appeared for the Local Planning Authority. The permission....

Case

Brompton Diamond

1st November 2011

Proposal for enlarged glass diamond shaped building on Brompton Road. Involved detailed evidence on conservation areas, light effects and residential amenity. Designed by Ken Shuttleworth. Richard Ground appeared for Local....

Case

Biogen Energy from Waste

1st June 2011

Appeared in a major energy from waste proposal through gasification Inquiry for the Waste Planning Authority in summer 2011. The decision is linked to the Covanta IPC decision.....

Case

Pincents Hill Major Residential Proposal 2011

1st June 2011

Proposal for 750 houses and related development. Appeared for Local Planning Authority. The case had major landscape and housing supply issues.....

Case

Hersham Golf Club

1st May 2011

Substantial planning appeal into proposed "underground" five star hotel in green belt. Against Russell Harris QC.....

Case

Fulmer Wood Farm

1st March 2011

Certificate of lawful use inquiries. This case concerned appeals into 3 certificate of lawful use applications.....

Case

Enforcement notice appeal in Wycombe

1st March 2011

Enforcement notice appeal in case that had previously been challenged.....

Case

Brackenwood

1st February 2011

Enforcement notice appeal relating to chalet caravan. This was enforcement notice appeal. The decision was quashed in the High Court.....

Case

Smith V Land Registry And Cambridgeshire CA [2011] QB 413 [2011] 1QB 413

10th January 2011

Court of Appeal case where Richard Ground appeared for the Highway Authority. It was a claim for adverse possession of a highway and involved detailed consideration of the aphorism "once....

Case

Legal And General Crowthorne Site

1st January 2011

Advising and acting for Legal & General , instructed by Berwin Leighton Paisner , promoting an outline planning consent for mixed use development scheme on an unallocated brownfield site of....

Case

Crystal Palace Park Masterplan

1st December 2010

This was a significant inquiry into a suite of proposals for the regeneration and rejuvenation of Crystal Palace Park and the National Sports Centre. Richard Ground appeared for the promoters....

Case

R(on the application of Smith) v Land Registry and Cambridgeshire [2009] EWHC 328 (Admin)

1st January 2009

Appeared for the Highway authority in this case which concerned adverse possession of a highway. The Highway authority were successful at first instance and the case is due to be....

Case

Howbury Park Railfreight terminal

1st January 2007

He appeared for Bexley Council in this application for 198,000 m² (2 million square feet) of warehouses, and accompanying rail freight infrastructure in 2007. It was an application for the....

Case

Wokingham District Local Plan/ New Settlement Housing Inquiries

1st August 2000

Appeared for a major party in the joined Wokingham Local Plan Inquiry and three called-in housing applications for 2,500 houses. Leading council and junior represented four of the parties. It....

Case

West Dorset District Council Local Plan

1st January 2000

Advocate for the Council in all the formal and semi-formal sessions at the Inquiry which ran under the transitional regime and has been adopted.....

Case

Major Hotel and Casino Project in Guildford

1st January 2000

He appeared for the developer of a substantial £50m hotel and leisure and entertainment complex including a casino proposal in the centre of Guildford. The case involved complicated flooding, planning....

Case

Europa House

1st January 2000

He was instructed by the local planning authority to oppose the development of a 376 bedroom hotel proposed by Schroder Exempt Property Unit Trust. The case concerned complicated Highways evidence....

Case

Cambridge City Council Local Plan Inquiry

1st January 2000

Conducted advocacy for the City Council for the Inquiry run under the transitional regime which ran to time and has been adopted.....

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....

EVENT

Cornerstone Breakfast Briefing: Is there now a de facto duty to give reasons for the grant of planning permission?

1st March 2017

1

Ramifications of the Court of Appeal's Judgment in Oakley v South Cambs DC [2017] EWCA Civ 7 The Court of Appeal's Judgment in Oakley v South Cambridgeshire District Council [2017] EWCA....

EVENT

Cornerstone Annual Planning Day 2016

7th November 2016

Tickets are now available for the Cornerstone Barristers' Annual Planning Conference aimed at practitioners in the private sector, taking place on 7th November 2016. The day will be hosted by Cornerstone....