Expertise

• Planning & Environment
  • Overview

  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 and National Landscapes
  • Heritage assets
  • EIA/SEA/appropriate assessment
  • Housing need
  • Viability
  • Minerals
  • Renewable energy
  • Enabling development
  • Planning obligations (including their enforcement)
  • 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 few years:

  • Land East Side of Pavenham Road, Felmersham – appeal in respect of the change of use of agricultural land to a Gypsy and Traveller site to contain five residential pitches – 17 June 2026
  • Land Lying to South West of Tilthams Corner Road, Godalming, Surrey – enforcement appeal in respect of an unauthorised caravan site within the Green Belt and the setting of a national landscape – 31 March 2026
  • Pontoon and land adjacent to Richmond Bridge Pier, Richmond Riverside – redetermined appeal in respect of an enforcement notice directed at the unauthorised conversion of a pontoon to a restaurant – 10 March 2026
  • Application under section 16 of the Commons Act 2006 for the deregistration and exchange of common land at Clyne Common, Swansea, to allow for the development of 56 dwellings – whether exchange land would be of at least equal benefit to the release land having regard to the interests of persons having rights in relation to the release land, the interests of the neighbourhood, and the public interest – whether the public interest in providing affordable housing would outweigh the identified harm – 30 September 2025
  • Somani Hotels v Epping Forest DC [2025] EWCA Civ 1134, [2026] JPL 819 – appeal concerning the grant of an interim planning injunction requiring cessation of the use of a hotel to house asylum seekers – 1 September 2025
  • R (Wickford Development Company Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 882, [2026] PTSR 268– challenge to the decision of the Secretary of State to uphold a tree restocking notice issued by the Forestry Commission – 10 July 2025
  • West Suffolk Council v Secretary of State for Levelling Up, Housing and Communities [2025] EWHC 861 (Admin), [2025] PTSR 1859– meaning of the phrase “the provision of medical or health services, principally to visiting members of the public” in Class E(e), and the phrase “the research and development of products or processes” in Class E(g)(ii) of the Town and Country Planning (Use Classes) Order 1987 Sch 2 – 10 April 2025
  • Test Valley Borough Council v Fiske [2024] EWCA Civ 1541, [2025] PTSR 1283  – challenge to the grant of a solar park planning permission with a condition that cut down the scope of development; whether this was lawful – 10 December 2024
  • R (Ticehurst Parish Council) v Rother District Council [2024] EWHC 3069 (Admin), [2025] JPL 1032  – planning permission for a live/work unit in the AONB; whether the local planning authority had properly applied AONB policy; whether the claimant had been unlawfully prevented from making oral representations – 29 November 2024
  • Hart District Council v Freeman [2024] EWHC 3020 and 3144 (KB) – committal proceedings for breach of an enforcement notice – 15 and 22 November 2024
  • R (Wickford Development Co Ltd) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2034 (Admin), [2024] PTSR 1837 – Forestry Commission restocking notices; appeals to the Secretary of State; failure to determine legal objection; failure to consider alternative stocking proposals; proportionality of restocking requirements – 2 August 2024
  • Land at the Former Animal Health Trust Research Centre, Kentford – appeal in respect of an application for a lawful development certificate confirming the use of the research centre for Class E purposes – 30 May 2024
  • Pontoon and land adjacent to Richmond Bridge Pier, Richmond – appeal in respect of an enforcement notice directed at the unauthorised conversion of a pontoon to a restaurant – 20 May 2024
  • R (Fiske) v Test Valley BC [2023] EWCA 1495, [2024] JPL 783 – solar farm development; application for new substation; inconsistent with earlier permission for the solar farm which provided for a different substation; whether inconsistency a mandatory material consideration – 15 December 2023
  • Land at Trumans Farm, Manor Lane, Gotherington, Cheltenham – appeal in respect of the development of 45 dwellings on land next to the village of Gotherington – 11 September 2023
  • R (Fiske) v Test Valley BC [2023] EWHC 2221 (Admin), [2024] PTSR 382 – solar farm development; section 73 application to vary conditions; imposition of condition removing substation referred to in description of permitted development; whether lawful to impose such a condition – 6 September 2023
  • Berkeley House, 7 Oakhill Road, Sevenoaks, Kent – appeal in respect of the erection of a residential apartment building (69 units) in Sevenoaks town – 3 August 2023
  • Braintree District Council v Secretary of State for the Home Department and Secretary of State for Defence – permission hearing in judicial review challenge to proposed use of RAF Wethersfield to house asylum seekers – 12-13 July 2023
  • Land at Brittains Lane, Sevenoaks, Kent – appeal in respect of 70 new homes, including 50% affordable homes and 10% self-build, on land within the Green Belt and adjacent to an AONB and Conservation Area – 7 July 2023
  • Hart District Council v Freeman [2023] EWHC 1246 (KB) – appropriate test for application to vary planning injunction – 26 May 2023
  • Maidstone Borough Council v Brazil [2023] EWHC 965 (KB) – proceedings for a planning injunction against an unauthorised caravan site – 30 March 2023
  • A12 National Strategic Infrastructure Project – appearing for Maldon District Council at the issue specific hearings on traffic and transport, air quality, cultural heritage and biodiversity – 28 February, 1 March 2023
  • East Riding of Yorkshire Council v LGH Hotels Management Ltd [2022] EWHC 2868 (KB), [2023] JPL 630 – 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 [2022] UKSC 30, [2022] 1 WLR 5077 – Supreme Court hearing examining extent of 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. Held: the Supreme Court re-affirmed the Pilkington principle, but 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 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
  • 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.
• Judicial Review & Public Law
  • Overview

  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:

  • Community governance reviews
  • Local government reorganisation
  • 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 year include local government reorganisation; public consultation; liability for trees; flags on highway structures; traffic regulation orders; planning statutory challenges; land transactions; statutory trusts of land; noise abatement notices; community governance reviews; planning obligations; and restrictive covenants.

  Robin has also appeared in a number of significant public law and judicial review cases, including (just in the last few years):

  • R (Wickford Development Company Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 882, [2026] PTSR 268 – challenge to the decision of the Secretary of State to uphold a tree restocking notice issued by the Forestry Commission – 10 July 2025
  • R (Ticehurst Parish Council) v Rother DC[2024] EWHC 3069 (Admin), [2025] JPL 1032 – challenge to the grant of planning permission for development in an AONB on the grounds that the planning committee failed to give adequate reasons for its decision and wrongly refused to allow an objector parish council to make oral representations – 29 November 2024
  • R (Wickford Development Co Ltd) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2034 (Admin) the High Court upheld challenges to decisions of the Secretary of State rejecting appeals against Forestry Commission restocking notices.
  • R (Daw) v Staffordshire CC [2024] EWHC 963 (Admin) the High Court dismissed a challenge to a decision of a local highway authority not to proceed with the modification of a traffic regulation order.
  • R (Fiske) v Test Valley BC [2023] EWCA 1495, [2024] JPL 783 the Court of Appeal rejected the appeal of a local resident who sought to challenge the grant of planning permission for a solar park substation on the ground that it was inconsistent with the earlier solar park permission.
  • R (Fiske) v Test Valley BC [2023] EWHC 2221 (Admin) the High Court upheld a challenge to the grant of planning permission under section 73 TCPA 1990 on the grounds that one of the conditions imposed conflicted with the description of the permitted development and the local authority had failed to have regard to this. Permission to appeal has been sought.
  • Braintree District Council v Secretary of State for the Home Department and Secretary of State for Defence (14 July 2023) grant of permission to proceed in a judicial review challenge to the proposed use of RAF Wethersfield to house asylum seekers on grounds relating to environmental impact assessment, permitted development rights under Class Q, and equality impact assessment.
  • R (Fiske) v Test Valley BC [2022] EWHC 1111 (Admin) the High Court dismissed a challenge to the defendant council’s grant of planning permission which was incompatible with an earlier permission for the same site.
  • R (Upton) v Oxford City Council [2021] EWHC 2663 (Admin) the High Court varied an injunction restraining the interested parties from felling an oak tree, so that they could carry out crown reduction and risk mitigation.
  • 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 potential claims at short notice.

• Property
  • Overview

  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:

  • Royal and Sun Alliance Insurance Ltd v Harrow LBC [2026] UKUT 197 (LC) – recovery of costs in claims for TPO compensation
  • R (Wickford Development Company Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 882, [2024] PTSR 1837 – challenge to the decision of the Secretary of State to uphold a tree restocking notice issued by the Forestry Commission – 10 July 2025
  • Chubb European Group SE v Enfield LBC [2025] UKUT 53 (LC), [2025] RVR 137 – claim for compensation for refusal of consent to fell a tree protected by a tree preservation order; causation – 14 February 2025
  • R (Wickford Development Co Ltd) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2034 (Admin) the High Court upheld challenges to decisions of the Secretary of State rejecting appeals against Forestry Commission restocking notices served following the unauthorised felling of trees.
  • Stuart James Taylor v Watford Borough Council [2022] UKFTT 0070 (PC) – application for first registration based on adverse possession of council land – whether acts relied on by applicant sufficient – whether evidence of acts by previous occupiers sufficient – whether applicant had acknowledged the council’s title – application cancelled.
  • Ralph v Ralph [2021] EWCA Civ 1106, [2021] 4 WLR 128 – A transfer deed which conveyed a property into the joint names of a father and son could not be rectified to remove an election that they were to hold the property as tenants in common in equal shares. There was no express agreement as to how they were to hold the beneficial interests in the property and no evidence of any continuing common intention in that regard; they had simply given the matter no thought.
  • 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
  • Overview

  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 and Environment page), 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. He is also experienced in local authority conduct investigations.

  By way of example, in the last year Robin has advised on:

  • local government reorganisation;
  • community governance reviews;
  • public consultation;
  • liability for trees;
  • flags on highway structures;
  • traffic regulation orders;
  • planning statutory challenges;
  • land transactions;
  • statutory trusts of land;
  • planning obligations and their enforcement; and
  • restrictive covenants affecting local authority land;

  Robin’s local government cases over the last few years include:

  • Oxfordshire County Council v Cullen [2026] EWHC 2019 (KB) – claim for injunctions against named individuals and persons unknown to prevent them affixing flags to lamp posts and other structures in the highway – 31 July 2026
  • Middlewich Town Council v Middlewich Cemetery Joint Committee Board [2025] EWHC 2200 (KB) – application for an interim injunction for the delivery up of records to a parish council to allow it to operate a cemetery – 16 July 2025
  • R (Daw) v Staffordshire CC [2024] EWHC 963 (Admin) the High Court dismissed a challenge to a decision of a local highway authority not to proceed with the modification of a traffic regulation order.
  • R (Fiske) v Test Valley BC [2023] EWCA 1495, [2024] JPL 783 the Court of Appeal rejected the appeal of a local resident who sought to challenge the grant of planning permission for a solar park substation on the ground that it was inconsistent with the earlier solar park permission
  • R (Fiske) v Test Valley BC [2023] EWHC 2221 (Admin), [2024] PTSR 382 the High Court allowed a challenge to the defendant council’s decision to grant planning permission for a solar farm which included a condition that conflicted with the terms of the permitted development.
  • R (Fiske) v Test Valley BC [2022] EWHC 1111 (Admin) the High Court dismissed a challenge to the defendant council’s grant of planning permission which was incompatible with an earlier permission for the same site.
  • 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, [2021] 1 WLR 1603 – A challenge to a costs order made against an interested party where the underlying proceedings against the defendant council’s planning decision was quashed by consent.
  • Foley v Cardiff City and County Council [2020] EWHC 2182 (Admin) – A challenge to the making of a compulsory purchase order on the grounds that the council had failed to have proper regard to the owner’s disability and Convention rights.
  • 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.