Robin Green

> People > Barristers > Robin Green

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 cases in the past three years:
- 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 2022
- 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.
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.
- New recommendations for councillors from Committee on Standards in Public Life05 Feb 2019
- Planning Magazine: The Planning Law Survey 201501 Jan 2018
Property
- Overview
- Cases
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.
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.

Robin is very calm, authoritative and persuasive. He is very thorough and timely in the way he does things, as well as being immensely knowledgeable.
Chambers UK Bar (2022)
Robin is very impressive in court: his calm and authoritative approach is very effective and persuasive and the judge listens when he speaks.
Legal 500 (2022)
He has a convincing argument to justify every action taken and an answer to any question posed.
Legal 500 (2022)

About Robin

Directory Quotes
- Planning – “Robin Green advises and appears for developer and local authority clients at inquiry and in the High Court. His clients include local authorities and private individuals, whom he represents in matters encompassing all aspects of planning law, with a particular focus on housing developments. He is particularly well versed in cases concerning controversial development proposals in countryside areas. Strengths: “Robin is very calm, authoritative and persuasive.” “He is very thorough and timely in the way he does things, as well as being immensely knowledgeable.” Recent work: Acted for Hillside Parks in a challenge to the decision of the Snowdonia National Park Authority that a planning permission granted in 1967 for 400 dwellings, which the Park Authority had accepted for 50 years as a valid permission, had in fact lapsed. Chambers and Partners 2022
- Local Government – “He is professional and supportive with an understanding of the challenges officers face in local government. He is able to grasp the issues of a case quickly and advise accordingly.” Legal 500 2022
- Planning – “Robin is very impressive in court: his calm and authoritative approach is very effective and persuasive and the judge listens when he speaks. He has a convincing argument to justify every action taken and an answer to any question posed. He is never rattled or stumped.” Legal 500 2022
- Planning – “Advises and appears for developer and local authority clients at inquiry and in the High Court. His clients include local authorities and private individuals, whom he represents in matters encompassing all aspects of planning law, with a particular focus on housing developments. He is particularly well versed in cases concerning controversial development proposals in countryside areas. Strengths: “Robin is very helpful and able to turn work around very quickly.” Chambers and Partners 2021
- “Robin brings a balanced and principled approach to his written and oral advocacy. He is tenacious in his oral submissions but within a presentational style that is both moderate and courteous. He has excellent judgment which enables him to craft cross examination and oral submissions in an attractive and orderly manner that immediately engages the attention and sympathy of the court.” Legal 500 2021
- “He is professional and supportive with an understanding of the challenges officers face in local government. He is able to grasp the issues of a case quickly and advise accordingly. He inspires confidence in the case and realism where appropriate.” Legal 500 2021
- “Completely unflappable and he is able to pick up any part of planning and deal with it with ease.” “Very efficient and easy to work with.” Chambers and Partners 2020
- “Expert at assisting councils with the full range of matters associated with gypsies.” Legal 500 2020
- “He grasps issues very quickly, identifies key matters and cuts a clear path. He is always very helpful and very good with clients.” “He is very detailed and understands and interprets data very well. He has strength in setting out the issues and dealing with them. His closing statement was sharp, focused and compelling.” Chambers and Partners 2019
- “A very able and calm advocate with great forensic skills.” Legal 500 2019
- “Extremely effective.” Legal 500 2019
- “He is a fantastic advocate and is extremely thorough. A pleasure to work with, he is great with planning clients and witnesses.” “A tenacious advocate, offering client-focused advice, who is efficient in his delivery and effective in argument.” Chambers and Partners 2018
- “A methodical researcher, a calm and commanding advocate, and a wise, dependable ally.” Legal 500 2017
- “He explains points in a way that clients can understand.” Legal 500 2017
- “Worth his weight in gold. He provides very clear, practical advice, often reducing complex issues to easily understandable summaries. His advocacy is like his approach to providing advice in that it very clearly focuses on the issues at hand.” Chambers and Partners 2017
- “He is thorough and painstaking, and he emanates assurance.” Chambers and Partners 2017
- “He is very user-friendly and helpful.” Chambers and Partners 2016
- “Very calm, well-prepared and thorough, and very generous with his time.” Legal 500 2016
- “An extremely impressive advocate.” Legal 500 2015
Services

Robin gives seminars to clients on particular planning and local government issues of interest to them.
Associations
- PEBA
- ALBA
Publications
- Wales, in Cornerstone on Councillors’ Conduct01 Sep 2015
- Encyclopaedia of Forms and Precedents (Contributor)11 Jul 2005
Notable Cases