Ryan is a leading public law practitioner with particular expertise in planning and environmental law and social housing.
He has been consistently ranked as a leading practitioner by the Chambers and Partners and Legal 500 directories of highly rated barristers and has been appointed by the Attorney General as Junior Counsel to the Crown (B Panel).
Ryan is a versatile public law practitioner and is adept at handling complex cases across the public law spectrum. He has acted in significant cases in each of his core practice areas.
In the property/social housing sphere, he acts for registered providers of social housing, central government departments, the Regulator of Social Housing and local authorities. He has appeared in leading cases concerning the application of Article 8 of the European Convention on Human Rights and s. 15 of the Equality Act 2010. Examples include Paragon Asra Housing Limited v Neville [2018] EWCA Civ 1712; Hackney LBC v Haque [2017] EWCA Civ 4 and Thurrock Borough Council v West [2012] EWCA Civ 1435.
In the area of administrative and public law he has extensive experience representing central government departments and local authorities in public law proceedings including a leading case on the meaning of “clearly unfounded” in the asylum context in R (on the application of FR Albania) v Secretary of State for the Home Department [2016] EWCA Civ 605.
In planning, he regularly represents clients in significant planning cases including those concerning air quality and the interpretation of the General Permitted Development Order. Recent examples include R (on the application of Shirley) v Secretary of State for Communities and Local Government [2017] EWHC 2306 (Admin) and Arnold v Secretary of State for Communities and Local Government [2017] EWCA Civ 231.
Expertise
- Planning and Environment
Ryan’s practice is predominantly focused on judicial review and statutory appeals in the area of planning and environmental law. He has been appointed as Junior Counsel to the Crown by the Attorney General (‘B Panel’) and is regularly instructed on behalf of the Secretary of State for Housing, Communities and Local Government as well as private developers on planning matters in the High Court and beyond.
Ryan has conducted numerous public inquiries on behalf of local planning and highway authorities and has advised on a wide range of planning issues. He recently advised the Department for Transport in relation to air quality matters arising from the proposed Silvertown Tunnel Development Consent Order.
Examples of higher court work include:
R (on the application of Shirley) v Secretary of State for Communities and Local Government [2017] EWHC 2306 (Admin)
Led by James Maurici QC, Ryan acted for the Secretary of State in defending his decision not to call in the proposal to grant planning permission for the South Canterbury Urban Extension which comprised up to 4000 homes and associated development including a new hospital and school. The case concerned the adequacy of the UK government’s implementation of the Air Quality Directive and whether, in light of evidence about adverse impacts on air quality, the Secretary of State’s status as ‘competent authority’ for the purposes of the Directive mandated a call-in. In a detailed Judgment, Dove J agreed with the Secretary of State that (i) the Secretary of State’s designation as a competent authority did not impose a duty to call in planning applications which may have an adverse impact on air quality; (ii) the discretion as to whether to call in a planning application was very broad and pre-eminently a matter of planning judgment for the Secretary of State; and (iii) the call-in power of the Secretary of State was not a mechanism of supervisory control over local planning authority decision making.
Arnold v Secretary of State for Communities and Local Government [2017] EWCA Civ 231
Ryan acted on behalf of the Secretary of State as sole Counsel in the High Court and Court of Appeal in defending a s. 289 challenge to the decision of a planning inspector to uphold an enforcement notice requiring the demolition of an unlawfully constructed dwelling on the green belt. The case concerned, inter alia, the adequacy of the inspector’s consideration of alternative schemes under Ground F and whether PD rights, once implemented under Class A, can survive the demolition of the dwellinghouse.
R (on the application of the Royal Borough of Kensington and Chelsea) v Secretary of State for Communities and Local Government [2016] EWHC 703 (Admin); [2015] EWHC 2458 (Admin)
Led by Philip Coppel QC, Ryan acted for the Secretary of State in two statutory appeals defending challenges brought under s. 288 of the Town and Country Planning Act 1990. The cases turned, respectively, on the application of RBKC’s recently adopted basement policy and the correct approach to Paragraph A.1(f) of the GPDO.
Fuller v Secretary of State for Communities and Local Government [2015] EWHC 142 (Admin)
Ryan acted on behalf of the Secretary of State for Communities and Local Government in defending the grant of planning permission to develop a site near a tree with amenity value on a residential street. The Court upheld the inspector’s conclusion that the tree provided amenity value, but that it was not an outstanding or unique specimen, and that the benefit of the proposed development would override any harm to the tree.
- Cornerstone Barristers work in tandem to defeat Green Belt Rural Exception Scheme11 Nov 2021
- No High Rise Tower for Kennington08 Jan 2021
- Going underground – High Court shines a light on basement development rights01 Jan 2018
- Jennings Yard v Basingstoke and Deane Borough Council01 Jan 2018
- Avens Court Nursing Home V Woking Borough Council01 Jan 2018
- Cousins Holdings V Southend On Sea Borough Council01 Jan 2018
- Frenz Wine Bar v Hastings Borough Council01 Jan 2018
- R (on the application of the Royal Borough of Kensington and Chelsea) v Secretary of State for Communities and Local Government (2015)01 Jan 2018
- Arnold V Secretary Of State For Communities And Local Government [2015] EWHC 1197 (Admin)01 Jan 2018
- Fuller V Secretary Of State For Communities And Local Government [2015] EWHC 142 (Admin)01 Jan 2018
- Installation Of Cattle Grids And By-Passes Within Epping Forest At Wake Road, Cross Roads, Rangers Road And Forest Side01 Jan 2018
- Mimbridge Garden Centre V Woking Borough Council01 Jan 2018
- Willow Farm V Dover District Council01 Jan 2018
- Wateringbury Place Holdings v Tonbridge and Malling Borough Council01 Jan 2018
- R (On The Application Of Perrett) V (1) SSCLG And (2) West Dorset District Council [2009] EWCA Civ 136501 Jan 2018
- Court of Appeal Hat Trick01 Jan 2018
- Housing
Ryan is a leading social housing practitioner and is regularly instructed in complex and high profile social housing litigation. He has been appointed as Junior Counsel to the Crown by the Attorney General (‘B Panel’) and has been consistently listed as a leading junior in this area by Chambers UK and Legal 500.
He acts for local authorities, registered providers, the Regulator of Social Housing and private landlords in a range of matters from possession proceedings to strategic advice on dealing with anti-social tenants, succession, right-to-buy and policy matters.
Ryan is an experienced trial advocate and is adept at conducting and marshalling the full range of housing proceedings. He regularly provides advice and representation to registered providers and local authorities on all aspects of property and social housing including fire safety, Water Resale Orders, leasehold disputes (including service charges) and judicial review for breach of statutory duty. He has advised and represented successful Respondents in appeals against improvement notices, overcrowding notices and prohibition orders within the First Tier Tribunal (Property Chamber).
He has also been instructed in leading cases in this practice area including:
Paragon Asra Housing Limited v Neville [2018] EWCA Civ 1712
As sole Counsel for the successful Appellant, Ryan acted in proceedings concerning the scope of the operation of ss. 15 and 35 of the Equality Act 2010 in applications to suspend a warrant for possession. Practical difficulties were frequently arising where suspended possession orders had been agreed between the parties and approved by the Court in respect of disabled tenants who would then proceed to breach the order. Legal representatives of disabled tenants wished, in those circumstances, to re-raise the Equality Act defences at the enforcement stage. The Court of Appeal agreed with Ryan’s submissions that (i) absent a material change of circumstances between the date of the SPO and the date of the hearing of the warrant suspension application it would be abusive to allow the tenant to re-raise such matters; and (ii) in any event a Judgment can, in principle, demonstrate compliance with the substance of the requirements of proportionality without explicitly considering the four-fold analysis highlighted by the Supreme Court in Akerman-Livingstone v Aster Community Housing Limited [2015] 2 WLR 721.
Hackney LBC v Haque [2017] EWCA Civ 7
Led by Kelvin Rutledge QC, Ryan acted for Hackney LBC in a case which established the standard expected of reviewing officers within their homelessness review decision letters before it could be said that they had complied with the Public Sector Equality Duty under s. 149 of the Equality Act 2010. The decision provides helpful and timely guidance as to how homelessness decision-makers should approach the PSED in suitability cases following the decision of the Supreme Court in Hotak v LB Southwark & Associated Appeals [2016] AC 811.
Thurrock Borough Council v West [2012] EWCA Civ 1435
Ryan was sole Counsel for the successful Appellant in the Court of Appeal in this seminal authority on the scope of Article 8 defences in claims for possession. Mr West raised an Article 8 defence to possession proceedings brought by the local authority on the basis it would be disproportionate to evict him, his girlfriend and child from a property previously occupied by his grandparents, both of whom had deceased. As there had already been a single succession, there was no further entitlement in law to succeed to the tenancy. At the county court level, possession was refused on the basis that it was said it would be disproportionate to evict Mr West and his family who would, in all likelihood, be afforded priority need by the local authority in any future application for housing. The local authority appealed successfully to the Court of Appeal. Etherton LJ (with whom Hallett LJ and Dame Janet Smith agreed) determined that the county court Order, if allowed to stand, would effectively amount to an allocation of housing by the Court which was wholly outside of its remit.
- REFEREE OR GOALKEEPER? The Court of Appeal decides…24 May 2021
- Supreme Court refuses permission to appeal in Paragon v Neville20 Mar 2019
- Significant Court of Appeal decision concerning the Equality Act 2010, proportionality and warrant suspension applications26 Jul 2018
- HMO Licensing Appeals and Space Standards01 Jan 2018
- Notting Hill Housing Trust V Sharpe-Bishop01 Jan 2018
- Najma Redman V Birmingham City Council01 Jan 2018
- Morgan V Basildon District Council01 Jan 2018
- Susan Taylor V Hertsmere Borough Council01 Jan 2018
- Going underground – High Court shines a light on basement development rights01 Jan 2018
- Katherine Crawford V Basildon District Council01 Jan 2018
- Gallions Housing Association v Adeoye01 Jan 2018
- LB Croydon V Lord01 Jan 2018
- Doho v London Borough of Lewisham01 Jan 2018
- Thurrock Borough Council V West [2012] EWCA Civ 143501 Jan 2018
- Homelessness decisions and the public sector equality duty: a victory for substance over form01 Jan 2018
- Public Law and Judicial Review
Ryan has extensive experience representing central government departments and local authorities in public law proceedings. He has been appointed as Junior Counsel to the Crown by the Attorney General (‘B Panel’) and is frequently instructed to defend central and local government against judicial review claims which concern the full spectrum of their vires.
Ryan’s planning and public sector housing work is also heavily public law focused. His practice covers wider government work and he has experience in applications to revoke Debt Relief Orders, cases relating to the laws of markets and fairs, and pursuing applications for liability orders for non-domestic rates. He has also been instructed by the HMRC in the Valuation Tribunal for England and the High Court on important cases concerning council tax. Ryan has represented local authorities in judicial review applications relating to non-domestic rates decisions including in R (on the application of Augustine Housing Trust) v Grays Magistrates’ Court [2011] EWHC 699.
He also has expertise in the Upper Tribunal, High Court and Court of Appeal in acting for the Secretary of State for the Home Department in judicial review applications in the field of immigration and unlawful detention. He has appeared on behalf of the Secretary of State in the following cases:
R (on the application of FR Albania) v Secretary of State for the Home Department [2016] EWCA Civ 605
This was an appeal to the Court of Appeal from the Upper Tribunal focused on the question of the definition of “clearly unfounded” asylum claims and s. 94(3) of the Nationality, Immigration and Asylum Act 2002.
R (on the application of Rashidat) v Secretary of State for the Home Department, High Court, 4 November 2015
This claim for judicial review concerned whether the Secretary of State had correctly applied the “absence of ties” test within the Immigration Rules and her approach to the Claimant’s Article 8 rights. Ryan successfully defended the Secretary of State’s decision.
R (on the application of Neeraj Kumar) v Secretary of State for the Home Department [2014] EWHC Civ 652
On behalf of the Secretary of State, Ryan defeated the Claimant’s judicial review challenge against her decision to administratively remove him pursuant to s. 10 of the Immigration and Asylum Act 1999. The case concerned whether the Secretary of State’s officers had correctly adhered to her Enforcement and Instruction Guidance.
R (on the application of R) v Secretary of State for the Home Department [2014] EWHC 2018
Ryan successfully defended the Claimant’s claim for judicial review which alleged, inter alia, that the Secretary of State’s policy on Humanitarian Protection was inconsistent with the Qualification Directive.
- REFEREE OR GOALKEEPER? The Court of Appeal decides…24 May 2021
- Supreme Court refuses permission to appeal in Paragon v Neville20 Mar 2019
- R (On The Application Of R) V Secretary Of State For The Home Department [2014] EWHC 201801 Jan 2018
- R (On The Application Of Neeraj Kumar) V Secretary Of State For The Home Department [2014] EWCA Civ 65201 Jan 2018
- R (On The Application Of Tejan) V SSHD01 Jan 2018
- Jasuben Ladhani V ECO01 Jan 2018
- Thanaluxmy Muthukumar And Ors V ECO01 Jan 2018
- R (On The Application Of Perrett) V (1) SSCLG And (2) West Dorset District Council [2009] EWCA Civ 136501 Jan 2018
- RBKC V Theresa Smith01 Jan 2018
- LB Croydon V Shine01 Jan 2018
- R (On The Application Of Muskett) V Basildon District Council01 Jan 2018
- R. (on the application of Augustine Housing Trust) v Grays Magistrates’ Court [2011] EWHC 699 (Admin)01 Jan 2018
- R (on the application of Walter Probyn) v Tendring District Council [2009] EWHC 2595 (Admin)01 Jan 2018
- Homelessness decisions and the public sector equality duty: a victory for substance over form01 Jan 2018
- Commercial and Regulatory
Ryan has experience in advising and representing clients in the commercial and regulatory sector. Specifically, he has:
- Advised landlords on the Telecommunications Code and in their negotiations with telecoms operators in respect of telecommunications equipment on the roofs of high rise buildings
- Drafted pleadings, advised and acted in commercial proceedings concerning breach of contract and claims in debt
- Acted in Landlord and Tenant Act 1954 proceedings in respect of renewal of commercial leases
- Advised and acted on behalf of parties in proceedings concerning the housing health and safety rating system, improvement notices and prohibition orders
- Appeared on behalf of OFCOM in prosecutions against pirate radio operators
- Property
Ryan has undertaken a range of work in the property sector and has particular experience in:
- Representing parties in the First Tier Tribunal and Upper Tribunal (Property Chamber) in proceedings concerning the liability to pay service charges and their reasonableness
- Advising on and acting in proceedings arising out of disputes under the Party Wall Act 1996
- Acting on behalf of parties in adverse possession proceedings
- Representing parties in negotiations concerning lease renewal under the Landlord and Tenant Act 1954
- Advising on all leasehold matters including the effect of easements and restrictive covenants
- Advising and acting on behalf of parties in proceedings concerning the housing health and safety rating system, improvement notices and prohibition orders