Robin regularly appears at inquiries and in the High Court on behalf of private clients and local authorities. He also appears in the Upper Tribunal (Lands Chamber) in property and compensation cases.
Robin is frequently called on to advise on cross-cutting legal problems, as well as on tactical and evidential issues. He takes a commercial and pragmatic approach to litigation.
He has long been ranked in the legal directories as a leading junior in planning and administrative law/local government areas.
Robin is able to accept direct access instructions.
Expertise
- Planning and Environment
Robin’s planning practice divides broadly into inquiries, High Court challenges and advisory work. He has extensive experience of a range of developments, including residential, commercial and infrastructure projects. He advises and appears for private sector clients and local planning authorities in cases involving (among other things):
- Green Belt, AONBs and national parks
- Heritage assets
- EIA/SEA/appropriate assessment
- Housing need
- Viability
- Minerals
- Renewable energy
- Enabling development
- Planning obligations
- Tree preservation orders
- Advertisement control
- Compulsory acquisition
- Compensation
- Enforcement (including enforcement notices and injunctions)
- Lawful development certificates
To give a flavour of his practice, the following is a list of some of Robin’s planning and environment cases in the past three years:
- East Riding of Yorkshire Council v LGH Hotels Management Ltd [2022] EWHC 2868 (KB) – planning injunction preventing the use of a hotel to house asylum seekers set aside on grounds that insufficient harm shown to justify interim injunction – 11 November 2022
- Land at Kiln Lane, Garsington, Oxfordshire – appeals concerning gypsy and traveller caravan sites in the Green Belt – 3 November 2022
- Hillside Parks Limited v Snowdonia National Park Authority – The Supreme Court has re-affirmed what is known as the Pilkington principle – that where development is carried out on land which is incompatible with an extant planning permission, that permission can no longer be relied on as authorising further development. However, the Supreme Court has clarified that development already carried out in accordance with an extant permission is not rendered unlawful merely because further development under the permission is no longer possible. The Supreme Court also indicated that the Pilkington principle is engaged only where there has been a material departure from the permitted scheme, which is a question of fact and degree – 2 November 2022
- Church Lane Nursery, Church Lane, Headley, Surrey – appeal concerning proposals for up to 13 dwellings in the Green Belt, of which 7 would be affordable and 6 would be market housing. The principal issue revolved around the viability of the proposal as a rural exception site – 8 August 2022
- Lighthouse Farm, Beach Road, St Brides Wentlooge, Newport – enforcement notice appeal involving a dwelling composed of shipping containers. The principal issue was whether there had been concealment of the dwelling sufficient to disapply the time limit on enforcement action – 18 July 2022
- Hillside Parks Ltd v Snowdonia National Park Authority – Supreme Court hearing examining extent of Pilkington principle – 4 July 2022
- R (Fiske) v Test Valley BC [2022] EWHC 1111 (Admin) – challenge to grant of planning permission for a solar farm electricity substation on the ground that the permission was inconsistent with an earlier permission for the entire solar farm. Held: it was for the developer to resolve any incompatibility and choose which permission to carry out. There was no legal obligation for an authority to have regard to the consequences of incompatibility in deciding the later application – 13 May 202
- Former Broke Hill Golf Course, Sevenoaks Road, Sevenoaks – appeal concerning residential development of up to 800 dwellings, including affordable housing units and self-build plots, retirement care community for up to 180 C2 units, primary school hub with associated sports facilities/outdoor space, sports hub including rugby and hockey pitches with separate car park and club house areas, 2ha of commercial B1 use, local centre including commercial, retail and community facilities in the Green Belt – 31 January 2022
- Land west of Loxwood Road, Alford, Surrey – appeal concerning erection of 99 dwellings (including 30% affordable provision) and associated highways and landscape works on agricultural land – 11 January 2022
- Payne v Secretary of State for Housing, Communities and Local Government [2021] EWHC 3334 (Admin) – enforcement notice challenge. Court considered effect of planning enforcement order where only one use forming part of a mix of uses was specified in the order – 25 November 2021.
- Little Sparrows, Sonning Common, Oxfordshire – appeal concerning a continuing care retirement community care village (Use Class C2) of up to 133 units with ancillary communal and care facilities and green space. Specialist provision for older people, landscape impact and exceptional circumstances for major development in an AONB were in issue – 25 June 2021.
- St Johns Road and St Johns Nursery site, Earls Hall Drive, Clacton on Sea – appeal concerning proposals for the demolition of nursery buildings and a dwellinghouse and the erection of 195 residential units and 8 live work units. Landscape impact and highway safety in issue – 7 January 2021.
- Land at A34 Chilton Interchange, Chilton – appeal concerning proposals for the erection of a new roadside service area comprising petrol filling station, retail shop (Class A1), electric car charging points, drive-through unit (Class A3/A5), parking and associated works. Issues included whether the development was major development in an AONB and whether it was supported by national and local policy on service areas – 24 December 2020.
- Sevenoaks District Council v Mustafa [2020] EWCA Crim 1723 – conviction for breach of an enforcement notice overturned as a result of excessive judicial intervention – 3 December 2020.
- R (Zins) v East Suffolk Council [2020] EWHC 2969 (Admin) – challenge to the defendant Council’s grant of planning permission for a controversial residential redevelopment scheme on the grounds (inter alia) that the permission did not fix the affordable housing provision – 6 November 2020.
- Hillside Parks Ltd v Snowdonia National Park Authority [2020] EWCA Civ 1440 – appeal relating to a declaration that a planning permission granted in 1967 for the construction of 401 dwellings on a site in Aberdyfi could still be built out, notwithstanding the grant of subsequent permissions for development on discrete parts of the site. Now under appeal to the Supreme Court – 3 November 2020.
- R (Easter) v Mid-Suffolk District Council [2020] EWCA Civ 1378 – award of costs against interested party where it actively and unsuccessfully opposed a judicial review challenge to the grant of planning permission – 27 October 2020.
- David Foley v The County Council of the City and County of Cardiff [2020] EWHC 2182 (Admin) – challenge to a compulsory purchase order by the owner of the subject property. Issues included whether the Council had properly had regard to the claimant’s disabilities and complied with its duties under the Equality Act 2010 – 7 August 2020.
- Land off Station Road, Long Melford, Suffolk – Recovered appeal concerning 150 dwellings by the village of Long Melford. Landscape impact, district housing need and local need were in issue – 1 April 2020.
- DAF Trucks Limited, Eastern Bypass, Thame – Planning appeal relating to the residential development (including a care home) of a warehouse and office site. Adequacy of marketing and fall-back were in issue – 27 March 2020.
- Frith Manor Farm, Lingfield Road, East Grinstead – Planning appeal relating to a 101-dwelling scheme close to East Grinstead. Green Belt harm, landscape impact and heritage impact were in issue – 2 March 2020.
- Land at the Elms, Upper High Street, Thame – Planning appeal relating to a ‘housing with care’ development within the grounds of a listed villa in the town of Thame. The nature of the appeal proposals (C2 or C3), heritage impact and the application of affordable housing policy were in issue – 21 October 2019.
- Retirement Villages Development Ltd v South Oxfordshire DC [2020] PAD 2 – Planning appeal relating to an extra care housing scheme outside the village of Lower Shiplake. Spatial strategy, landscape impact, highway safety and the application of affordable housing policy were in issue – 14 October 2019.
- Hillside Parks Ltd v Snowdonia National Park Authority [2019] EWHC 2587 (QB) – Claim for a declaration that a planning permission granted in 1967 for the construction of 401 dwellings on a site in Aberdyfi could still be built out, notwithstanding the grant of subsequent permissions for development on discrete parts of the site. Now under appeal to the Court of Appeal – 8 October 2019.
- Sevenoaks District Council v Mustafa; Sevenoaks District Council v Kullar – Crown Court prosecutions of the manager and owners of an unauthorised hostel in Swanley, resulting in convictions of all three defendants – 2 August, 5 December 2019.
- R (McLennan) v Medway Council [2019] EWHC 1738 (Admin), [2019] PTSR 2025, [2020] Env LR 5, [2020] JPL 123 – Judicial review challenge of a decision to grant planning permission for a neighbour’s roof extension which would overshadow the claimant’s solar panels. The principal issue was whether the effect of development on private renewable energy equipment was a material planning consideration – 10 July 2019.
- Canterbury CC v Secretary of State for Communities and Local Government; and Hollamby Estates (2005) Ltd [2019] EWHC 1211 (Admin), [2019] JPL 1321 – A challenge to the Secretary of State’s grant of planning permission for 800 dwellings near Herne Bay on the grounds that that (a) there had not been an environmental impact assessment as required by European law and (b) the Secretary of State had been wrong to grant permission in circumstances where funding for a relief road deemed essential for the development was uncertain – 14 May 2019.
- Supreme Court considers the effect of development under successive permissions in Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 3002 Nov 2022
- Hillside Parks Ltd v Snowdonia National Park Authority [2020] EWCA Civ 144016 Apr 2021
- Roadside service area on the A34 refused because of conflict with development plan policy and absence of need24 Dec 2020
- Reserving controversial aspects of development for later approval lawful06 Nov 2020
- Master planning permission no longer capable of implementation following works done under variation permissions03 Nov 2020
- Active opposition to planning judicial review results in costs award against interested party27 Oct 2020
- Primacy of Local Development Plan outweighs housing shortfall in Wales21 Oct 2020
- Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner07 Aug 2020
- Climate change policy and legislation mean council cannot ignore effect of new development on existing solar panels11 Jul 2019
- Threat to historic music venue lifted as noise abatement notice quashed01 Jul 2019
- People over Wind: Use of discretion, the appropriate assessment regime and risk taking in s.106 obligations17 May 2019
- Housing scheme refused following Written Ministerial Statement for housing land supply in Oxfordshire19 Nov 2018
- Major infrastructure and proportionality of contributions, the role of indemnities and delays in the appeal process09 Aug 2018
- Conflict with new neighbourhood plan outweighs benefits of housing scheme next to South Oxfordshire village20 Jul 2018
- Lawful development certificate refused for extensive hardstanding next to industrial building05 Jun 2018
- Housing scheme next to South Oxfordshire village refused04 Jun 2018
- 97 dwelling scheme outside Farnham rejected following adoption of local plan27 Mar 2018
- R (Crematoria Management Limited) v Welwyn Hatfield Borough Council [2018] EWHC 382 (Admin)01 Mar 2018
- Government to have final say on Lancashire fracking sites01 Jan 2018
- Challenge to wind farm decision awaiting judgment01 Jan 2018
- Judge quashes wind farm permission in case brought by local authority, English Heritage and the National Trust.01 Jan 2018
- Cornerstone Barristers instructed on major fracking planning appeals in Lancashire01 Jan 2018
- Late challenge to a planning permission; discontinuance and compensation01 Jan 2018
- Appeal decision01 Jan 2018
- Scheme for 30 dwellings in a countryside strategic gap refused notwithstanding a shortfall in housing land supply01 Jan 2018
- Law v Essex County Council [2015] EWHC 329 (Admin), [2015] JPL 73101 Jan 2018
- R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin), [2015] EG 1509, 13201 Jan 2018
- R (Lady Hart of Chilton) v Babergh District Council [2014] EWHC 3261 (Admin), [2015] JPL 49101 Jan 2018
- Dartford BC v Secretary of State for Communities and Local Government and Landhold Capital Limited [2014] EWHC 2636 (Admin), [2015] 1 P&CR 201 Jan 2018
- Barnwell Manor Wind Energy Ltd v E.Northants DC, English Heritage, National Trust & SSCLG01 Jan 2018
- Wright v Horsham District Council [2011] UKUT 319 (LC), [2011] JPL 161801 Jan 2018
- R (McDonagh) v Hackney London Borough Council [2012] EWHC 373 (Admin)01 Jan 2018
- National Trust challenge to a wind farm01 Jan 2018
- R (McDonagh) v Hackney LBC01 Jan 2018
- The Secretary of State’s attempted revocation of regional strategies create further ripples01 Jan 2018
- No obligation on Secretary of State to reopen gypsy caravan site inquiry following reinstatement of Regional Strategy01 Jan 2018
- Murphy v SSCLG and Wycombe DC [2012] EWHC 1198 (Admin)01 Jan 2018
- Planning inquiry into Code 5 homes01 Jan 2018
- Joyce v Epsom & Ewell Borough Council [2012] EWCA Civ 1398 [2013] 1 EGLR 2101 Jan 2018
- R (Stern) v Horsham District Council [2013] 3 All ER 79801 Jan 2018
- Inquiry work01 Jan 2018
- Proprietary Estoppel in the Court of Appeal01 Jan 2018
- High Court judge recuses himself on the basis of his membership of English Heritage and National Trust01 Jan 2018
- Trail Riders Fellowship v Peak District National Park Authority [2012] EWHC 3359 (Admin)01 Jan 2018
- Challenge to an emerging Local Development Plan01 Jan 2018
- R (Usk Valley Conservation Group) v Brecon Beacons National Park Authority and Thomas [2010] EWHC (Admin) 71, [2010] 2 P&CR 19801 Jan 2018
- Persimmon Homes Ltd & Anor, R (on the application of) v Vale of Glamorgan Council [2010] EWHC 535 (Admin), [2011] JPL 116901 Jan 2018
- Legal challenges to fracking planning decisions01 Jan 2018
- Government grants permission for fracking in Lancashire01 Jan 2018
- Large Housing Development Dismissed Due to Risk to Green Belt01 Jan 2018
- Appellant’s deception robs him of enforcement time limit01 Jan 2018
- Major housing scheme deemed unsustainable notwithstanding deficient housing supply01 Jan 2018
- Supreme Court considers the effect of development under successive permissions in Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 3002 Nov 2022
- Briefing note on the Climate Change implications for local government across the UK24 Nov 2021
- Zoom webinar – Planning Case Law Review27 May 2020
- Response to the Housing, Communities and Local Government Committee’s inquiry on fracking24 Apr 2018
- Cornerstone Barristers in fracking inquiry underway in Lancashire01 Jan 2018
- Planning and Local Government issues for Wales01 Jan 2018
- Cornerstone Annual Planning Day01 Jan 2018
- Planning Magazine: The Planning Law Survey 201501 Jan 2018
- Cornerstone on the Planning Court29 Oct 2015
- Public Law and Judicial Review
Robin has long experience advising public authorities and private individuals on the lawfulness of administrative decisions. He has appeared in numerous judicial reviews and statutory challenges, principally in the fields of planning and highways.
For local authority clients in England and Wales, Robin is often called on to advise on:
- Constitutional provisions
- Executive arrangements
- Agency arrangements
- Officer reports and decision-making
- Councillors’ conduct
- Finance
- Land transactions
- Public procurement
For example, the topics on which Robin has advised local authorities in the past two years include traffic regulation orders; the adoption of highways; the public sector equality duty; business improvement districts; common land; noise abatement notices; membership of a parish council; community governance reviews; Convention rights and the use of public spaces; street works; petitions; stamp duty land tax; community protection notices; and data protection.
Robin has also appeared in a number of significant public law and judicial review cases, including (in the past two years):
- R (Zins) v East Suffolk Council and another [2020] EWHC 2969 (Admin) the High Court dismissed a challenge to the defendant Council’s grant of planning permission for a controversial housing scheme involving its former offices, which left the details of affordable housing provision to be approved later.
- R (Easter) v Mid-Suffolk District Council [2020] EWCA Civ 1378 the Court of Appeal rejected a challenge to an award of costs against an interested party in judicial review proceeding
- R (McLennan) v Medway Council [2019] EWHC 1738 (Admin), [2019] PTSR 2025, [2020] Env LR 5, [2020] JPL 123 – Judicial review challenge of a decision to grant planning permission for a neighbour’s roof extension which would overshadow the claimant’s solar panels. The principal issue was whether the effect of development on private renewable energy equipment was a material consideration.
- Canterbury CC v Secretary of State for Communities and Local Government; and Hollamby Estates (2005) Ltd [2019] EWHC 1211 (Admin), [2019] JPL 1321 – A challenge to the Secretary of State’s grant of planning permission for 800 dwellings near Herne Bay on the grounds that that (a) there had not been an environmental impact assessment as required by European law and (b) the Secretary of State had been wrong to grant permission in circumstances where funding for a relief road deemed essential for the development was uncertain.
- R (Britwell PC) v Slough BC; R (Wexham Court PC) v Slough BC [2019] EWHC 998 (Admin), [2019] PTSR 1904, [2019] ACD 70 – A challenge to a decision of the defendant authority to abolish two parish councils.
- Calor Gas Ltd v Norfolk CC [2019] EWHC 308 (Admin), [2019] LLR 239 – A challenge to the defendant highway authority’s policy on permitting the laying of private undertakers’ apparatus in the highway.
- R (Crematoria Management Ltd) v Welwyn Hatfield BC [2018] EWHC 382 (Admin), [2018] PTSR 1310, [2018] Env LR 26, [2018] JPL 946 – A challenge to the defendant authority’s decision to grant planning permission for a crematorium in the Green Belt.
Robin is well aware of the need for expedition in public law challenges and is used to advising on claims at short notice.
- Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner07 Aug 2020
- Climate change policy and legislation mean council cannot ignore effect of new development on existing solar panels11 Jul 2019
- People over Wind: Use of discretion, the appropriate assessment regime and risk taking in s.106 obligations17 May 2019
- High Court rules that the abolition of two parish councils was unlawful17 Apr 2019
- High Court dismisses challenge to local authority policy restricting the installation of private apparatus in the highway18 Feb 2019
- R (Crematoria Management Limited) v Welwyn Hatfield Borough Council [2018] EWHC 382 (Admin)01 Mar 2018
- Appeal decision01 Jan 2018
- Barnwell Manor Wind Energy Ltd v E.Northants DC, English Heritage, National Trust & SSCLG01 Jan 2018
- R (McDonagh) v Hackney LBC01 Jan 2018
- The Secretary of State’s attempted revocation of regional strategies create further ripples01 Jan 2018
- National Trust challenge to a wind farm01 Jan 2018
- Murphy v SSCLG and Wycombe DC [2012] EWHC 1198 (Admin)01 Jan 2018
- Planning inquiry into Code 5 homes01 Jan 2018
- Surrey CC v Windsor and Maidenhead RLBC [2016] EWHC 2901 (Admin)01 Jan 2018
- No obligation on Secretary of State to reopen gypsy caravan site inquiry following reinstatement of Regional Strategy01 Jan 2018
- Inquiry work01 Jan 2018
- Proprietary Estoppel in the Court of Appeal01 Jan 2018
- Trail Riders Fellowship v Peak District National Park Authority [2012] EWHC 3359 (Admin)01 Jan 2018
- R (Moore) v Secretary of State for Communities and Local Government [2016] EWHC 2736 (Admin)01 Jan 2018
- R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin)01 Jan 2018
- R (Lady Hart of Chilton) v Babergh DC [2014] EWHC 3261 (Admin)01 Jan 2018
- Property
Robin regularly advises on property matters, including:
- Covenants (their meaning and effect; enforcement; applications to the Upper Tribunal for their variation or discharge; application of s 203 of the Housing and Planning Act 2016)
- Easements (express, implied or prescriptive; extent; enforcement)
- Leases (commercial and residential; meaning and effect; enforcement of terms)
- Conveyances
- Adverse possession
- Nuisance (statutory and at common)
- Trespass
- Compulsory purchase (acquisition and compensation)
While much of Robin’s advisory work is intended to avoid litigation, sometimes it is inevitable. Robin appears in High Court, county court and Upper Tribunal property cases, acting for public and private sector clients. His property cases include:
- Abbots Ride Land Limited v Surrey County Council [2019] EWHC 3560 (QB) – A claim for a declaration as to whether a verge providing access to a development site was subject to public rights of way.
- Shepherd Neame Ltd v Guildford BC (Guildford magistrates’ court, 1 July 2019) – Appeal by a pub operator against a noise abatement notice served in respect of amplified music.
- R (Moore) v Secretary of State and Watford BC [2016] EWHC (2736) Admin, [2016] ACD 135 – A challenge to the decision of the Secretary of State to allow Watford BC to appropriate allotments for the purposes of a regeneration scheme.
- Stevens v Ismail [2016] UKUT 43 (LC), [2016] L&TR 21 – An application to the Upper Tribunal to modify a restrictive covenant preventing alterations to two flats.
- Parmar v Barnet LBC [2015] UKUT 510 (LC), [2016] RVR 9 – An application to the Upper Tribunal to determine the compensation payable for the compulsory acquisition of a derelict detached house.
- Wright v Horsham DC [2011] UKUT 319 (LC), [2011] JPL 1618 – An application to the Upper Tribunal for the assessment of compensation payable for subsidence caused by encroaching tree roots from a protected tree.
- Tew v South Northamptonshire Council [2010] UKUT 333 (LC), [2011] RVR 80 – An application to the Upper Tribunal to determine the compensation payable for the compulsory acquisition of a disused pub.
- Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner07 Aug 2020
- Stevens v Ismail [2016] UKUT 43 (LC), [2016] L&TR 2101 Jan 2018
- Parmar v Barnet LBC [2015] UKUT 510 (LC), [2016] RVR 901 Jan 2018
- Wright v Horsham DC [2011] UKUT 319 (LC), [2011] JPL 161801 Jan 2018
- Tew v South Northamptonshire Council [2010] UKUT 333 (LC), [2011] RVR 8001 Jan 2018
- Local Government
For many years Robin has advised numerous local authorities (and those affected by their decisions) on a range of local government issues. In addition to specific planning matters (for which see Robin’s planning practice area profile), Robin is regularly called on to advise on vires, governance, internal procedure and conduct issues. He has appeared in numerous judicial reviews and statutory challenges involving local authority decisions.
By way of example, in the past two years Robin has advised on traffic regulation orders; the adoption of highways; the public sector equality duty; business improvement districts; common land; noise abatement notices; membership of a parish council; community governance reviews; Convention rights and the use of public spaces; street works; petitions; stamp duty land tax; community protection notices; and data protection.
Robin’s local government cases over the past few years include:
- R (McLennan) v Medway Council [2019] EWHC 1738 (Admin), [2019] PTSR 2025, [2020] Env LR 5, [2020] JPL 123 – A challenge to a decision of the defendant council to grant planning permission for a neighbour’s roof extension which would overshadow the claimant’s solar panels.
- R (Britwell PC) v Slough BC; R (Wexham Court PC) v Slough BC [2019] EWHC 998 (Admin), [2019] PTSR 1904, [2019] ACD 70 – A challenge to a decision of the defendant council to abolish two parish councils.
- Calor Gas Ltd v Norfolk CC [2019] EWHC 308 (Admin), [2019] LLR 239 – A challenge to the defendant highway authority’s policy on permitting the laying of private undertakers’ apparatus in the highway.
- R (Crematoria Management Ltd) v Welwyn Hatfield BC [2018] EWHC 382 (Admin), [2018] PTSR 1310, [2018] Env LR 26, [2018] JPL 946 – A challenge to the defendant council’s decision to grant planning permission for a crematorium in the Green Belt.
- Surrey CC v Windsor & Maidenhead RLBC [2016] EWHC 2901 – A statutory challenge brought by the county council highway authority against a traffic order made by the borough council.
- R (Law) v Essex County Council [2015] EWHC 329 (Admin) – A challenge to the decision of the defendant council to grant planning permission for a primary school.
- R (Carter) v Swansea City and County Council [2015] EWHC 75 (Admin) – A challenge to the decision of the defendant council to grant planning permission for a wind farm.
- R (Lady Hart of Chilton) v Babergh District Council [2014] EWHC 3261 (Admin), [2015] JPL 491 – A challenge to the decision of the defendant council to grant planning permission for two industrial buildings in close proximity to a number of heritage assets.
- R (Stern) v Horsham District Council [2013] EWHC 1460 (Admin), [2013] 3 All ER 798 – A challenge to the decision of the defendant council to issue two enforcement notices.
Robin was one of the contributors to Cornerstone on Councillors’ Conduct.
- Compulsory purchase of neglected property did not involve a breach of the council’s equality duties towards the disabled owner07 Aug 2020
- Threat to historic music venue lifted as noise abatement notice quashed01 Jul 2019
- Cornerstone Barristers takes part in launch of new online legal encyclopaedia01 Jan 2018