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

Richard Ground QC

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

Richard Ground (M.A. Cantab) is a barrister specialising in planning, local government, village greens and environmental law.

Richard Ground (M.A. Cantab) is a barrister specialising in planning, local government, village greens and environmental law.

In practice he has been recommended as a leading barrister for a number of years in both Legal 500,  Chambers and Partners and Planning Magazine. He specialises in planning, compulsory purchase, environmental, local government, highways, housing and property including village and town greens. He has extensive experience in particular in major planning inquiries and local plan inquiries.

Chambers & Partners
Chambers & Partners has rated Richard as a leading planning junior every year between 2004 and 2016. Chambers & Partners 2016 comments "He just feels like part of your team; he is superb." In the 2015 edition, 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".

Legal 500
Richard is ranked as a leading junior in planning in the Legal 500 (2004 - 2015) and as a leading junior in Administrative & Public Law. The Legal 500 recognised that Richard "punches above his weight' and 'really impresses with his thoroughness".

Planning Magazine
He is recognised as a leading planning barrister.

Recent clients include:
- Legal & General
- London Development Agency
- Numerous Local Authorities
- Herbert Smith Freehills
- Berwin Leighton Paisner
- Marrons
- Burges Salmon
- Dentons
- Sharpe Pritchard
- Savills
- RPS

Education
Richard was educated at St. John's College, Cambridge where he won the McMahon Law Studentship. Richard was highly commended in the Common Professional examination and was graded as "very competent" in the bar vocational course at the Inns of Court School of Law. Richard was called to the Bar in 1994 and was awarded the Sunley Exhibition by the Inner Temple.

Richard's "representation of the Council's case was faultless and extremely professional".  - Senior Planning Officer

"Richard presented a compelling defence of our refusal and got the absolute best out of our witnesses." - Principal Planner

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

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

"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

Richard is recommended as a leading junior in both Chambers and Partners and The Legal 500 in planning.  The Legal 500 recognised that Richard 'punches above his weight' and 'really impresses with his thoroughness'.

He is a committee member of the Planning and Environment Bar Association (PEBA) and member of the National Infrastructure Planning Association(NIPA) and Compulsory Purchase Association (CPA).

Richard has appeared in many very significant planning inquiries and has a particular expertise in appearing in infrastructure and housing. He has expertise in enforcement matters and regularly appears at hearings.

Recent clients include Legal & General; London Development Agency; Numerous Local Authorities; Herbert Smith; Berwin Leighton Paisner; Marrons; Burges Salmon; Dentons; Sharpe Pritchard; Savills; and RPS.

Richards's expertise includes:

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. Some examples of recent inquiries are as follows:

  • 2013 instructed as Inspector for Cambridgeshire City Council for significant site in Ely.
  • 2013 Acted for the landowners in site in Kent at Wickhambreaux in 2 week Inquiry.
  • 2012 Acted as inspector for Hillingdon in the Medi Parc Inquiry. This was a significant village green inquiry lasting 3 weeks.Richard acted as the Inspector and reported to the Registration Authority. 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 http://harefield.uxbridgegazette.co.uk/2012/05/wait-begins-for-medi-parc-camp.html
  • February 2012 he acted as Inspector for Monmouthshire County Council.
  • 2012/13 Acting for the landowner Canterbury City Council in a large application concerning the Downs in Herne Bay.
  • In July/August 2011 he acted as an Inspector in two Village Green Inquiries for Northamptonshire County Council with the objectors represented by a QC. Both Inquiries ran to timetable.
  • He appeared at an Inquiry for Aldwyck Housing Group Limited, a major affordable housing provider objecting to the registration of a Village Green designed to thwart an affordable housing permission.
  • He acted and appeared at the Inquiry for the Cantley Estate instructed by Savills objecting to the registration of a village green on their land inKent. The Inspector's report recommended against registration.
  • He acted and appeared for Elmbridge Borough Council objecting to the registration of a village green on a site that with a housing permission critical to the funding of a new leisure centre. The registration authority refused the application.
  • He was instructed to appear for Canterbury City Council as landowner to object to an application to register one of their recreation grounds as a village green. The registration authority on the advice of the Inspector who held the Inquiry refused the application.
  • He acted for the Registration Authority and sat as an Inspector for the Inquiry for, Coventry City Council, in a major village green Inquiry which involved most aspects of the statutory definition including in particular the Beresford 'by right' 'as of right' issue.

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

Housing
Inquiries and hearings into proposals for new housing are very significant part of Richard's practice. He has regularly dealt with all issues including housing land supply. Recent examples of substantial inquiries into housing proposals include the following.

  • Feniton Super Inquiry. 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 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.
  • Sudbrook Planning Inquiry Substantial housing inquiry for 340 houses in Monmouthshire, the largest in Monmouthshire for many years. 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 130 house scheme inquiry against Ian Dove QC.
  • Richard appeared in a high profile luxury housing development in the Royal Borough of Kensington and Chelsea. The scheme was called the Brompton Diamond and designed by Ken Shuttleworth (also known for the Gherkin).
  • He appeared for the Royal Borough of Kensington and Chelsea in an Inquiry into numerous "mews houses" close to Portobello Road.
  • In 2011 he appeared in two significant housing inquiries in villages in East Devon District Council. In both cases he appeared for the Local Planning authority. There were detailed issues as to housing land supply and strategic need. In both cases the Local Planning authorities' case was accepted at appeal.
  • Richard appeared for Canterbury City Council in a case where the housing land position was challenged in the context of a reserve site. This involved detailed land supply evidence being called on both sides. The Inspector refused permission and accepted the case for the City Council.
  • Richard appeared for Legal and General in an Inquiry regarding a large site at Crowthorne. Richard advised and acted for Legal & General , instructed by Berwin Leighton Paisner , promoting an outline planning consent for mixed use development scheme on an unallocated brownfield site of some 104 hectares comprising the former Transport Road Laboratory HQ at Crowthorne,Bracknell comprising of 975 dwellings, a neighbourhood centre and 92,903 sqm of B1a floorspace. Richard Ground was led by Mary Cook and worked with a first class multi disciplinary team at a 5 week inquiry involving consideration of housing, employment, transport, landscape and SPA issues. Bracknell ForestDC and Wokingham resisted the development as did Natural England and the RSPB.
  • He has appeared for Berkeley Homes in an Inquiry into a substantial riverside development in a prestigious part of London. The case went to the Court of Appeal where Berkeley Homes were successful and the scheme is now built.

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.

Retail development
Richard has appeared in numerous Inquiries and in the High Court in connection with retail proposals.

  • 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 of a large Sainsbury' supermarket.
  • Eastgate Retail Park Inquiry 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 the successful planning authority.
  • Long v Monmouthshire & Optimisation [2012]EWHC 3130 Challenge to a planning permission involved habitats regulations and EIA points. National media including tv feature on countryfile. Richard Ground appeared for the successful local planning authority who upheld the grant of permission for a Morrisons supermarket and library.
  • 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 for the Tesco store was upheld.
  • He has promoted and opposed significant retail proposals. He promoted a town centre supermarket in which a former Secretary of State gave evidence.
  • He appeared in substantial inquiries into out of town retail parks.
  • He has advised retailers and planning authorities on many aspects of retail planning.

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.


The historic environment
Richard regularly deals with Inquiries and High Court challenges dealing with all aspects of the historic environment. Recent examples of significant Inquiries and High Court cases include the following.

  • 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. The case involved construction of NPPF advice on the historic environment.
  • 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.Richard also promoted these applications which sought a major rejuvenation of this Grade II*Registered Park at a 6 week call-in Inquiry. He was instructed by Herbert Smith and the London Development Agency. The case involved design, landscape, listed building, ecological and sporting issues in a park of national significance. The Secretary of State granted permission. The case was so significant in Heritage terms that English Heritage appeared at the Inquiry to support the scheme.
  • He has regularly appeared in inquiries in central London where the effect on conservation areas is a central issue. An example of this was appearing in the Brompton Diamond Inquiry which was designed by Ken Shuttleworth (also known for the Gherkin).
  • He appeared at an Inquiry involving a conservation area enforcement notice where he called the head of historic buildings from CGMS and on the other side was a former senior English Heritage witness.

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.


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.

Cases

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

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 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.

He 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)

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 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....