Six Pump Court

Public, Planning & Environmental Law

6 Pump Court has a team of 15 public, planning and environmental barristers, all of whom are members of PEBA. We deal with:

Planning and Highways work
Environmental – environmental crime and regulatory enforcement
Judicial review and statutory challenge.

Planning and Highways

We act for a wide range of local authorities and appellants at planning inquiries. This involves advising on the tactical issues arising from the Rule 6 Statement and especially the new requirement for early agreement of the Statement of Common Ground. Thereafter, the objective is to assist the witnesses to present their case most effectively, advising on the content of proofs and issues likely to arise at the inquiry through to advocacy at the inquiry itself. We have a reputation not just as planning lawyers but as advocates with particularly high skills at witness handling and cross examination. For local authorities, “Member Overturns” are frequently defended.

Planning inquiries experience ranges from 1 day through to 6 months covering major infrastructure projects, housing and mixed use schemes, industrial/business parks, retail proposals, leisure facilities, conservation areas, listed buildings and enforcement, commons and village greens.

There is also experience and expertise in Highways work.

Advisory work includes advising on enforcement matters, interpretation of planning permissions, analysis of conservation areas, procedural points, judicial review, ethical standards and planning obligations.

Stephen Hockman QC, Peter Harrison QC, William Upton, Mark Beard and Richard Banwell are all recommended as specialist planning barristers in the Chambers & Partners. 6 Pump Court is a recommended leading environmental set in Legal 500.

Anne Williams has sat as a village green inspector. Megan Thomas is a consultant planning inspector.

New housing in the countryside and PPS 3 housing numbers, retail and leisure impact, nature conservation, energy projects, and built heritage work.
LDF work has included advising on the preparation of Core Strategies, DPDs and SPDs.
Represented house builders at inquiries involving redevelopment of greenfield and brownfield land often within Conservation Areas.
Acted in relation to major projects including housing (greenfield, brownfield and within Conservation Area and involving Listed Buildings), windfarms (proposals for turbines of up to 150m in height close to areas of Landscape Value), commercial and industrial projects.

Recent planning work:

Appeared for London Borough of Lambeth opposing a large multi use redevelopment opposite St Thomas’ Hospital.
Represented Westminster City Council in the Waterloo Station “Three Sisters” Tall Building Public Inquiry and in the Doon Street Inquiry 18 months ago.
Advised Westminster on the procedure for dealing with the Chelsea Barracks planning application.
Appeared in the High Court relation to the interpretation of PPS 2 and on LDF procedure.
Appeared in 4-week Hart Location Plan Alterations inquiry which included proposed amendments to a number of major site allocations for housing and a new affordable housing policy. Successfully promoted these through inquiry to adoption.
Appeared at a major inquiry into the proposed development of 500 houses and associated uses at Dilly Lane.
Resisted an application to register a major site as a village green for Hythe Town Council (site of world renowned Venetian Fete which has consequently continued). She has sat as village green inspector.
Appeared at several major housing inquiries including the proposed Marydown Development Area which included the construction of 1000 houses.
Advice provided to Arun District Council on the preparation of evidence, which covered planning conservation and design matters and appeared for Arun at the Hawthorn Road inquiry. The proposal was to construct 60 sheltered housing units. In this case officers recommended approval but councillors refused the application. In addition to successfully defending the Council’s stance at a 2-day inquiry involving McCarthy & Stone at Fitzalan Road.
Appeared in 2005 for Thurrock DC at the ‘once in a lifetime’ Shellhaven (London Gateway) inquiry for the new Port and 10 million Sq ft commercial development.
Recently advised and represented the London Borough of Lambeth in the Brit Oval Public Inquiry into proposals to construct a new grandstand and hotel, at which evidence was taken in private session for the first time to protect national security interests.
Advised and represented the local planning authority in respect of a judicial review challenge of its decision to expand Bournemouth International Airport.
Regularly represented the Secretary of State in the High Court defending planning decisions taken by the Secretary of State and Inspectors and represents the Highways Agency and other highway authorities in respect of major development proposals affecting the strategic road network.
Currently advising a County Council on the preparation of its Minerals & Waste Development Framework.
Advises and represents local authorities in relation to planning for gypsies and travellers, including proposals for development, enforcement and LDF work.
Represented Westminster City Council and the Royal Parks at the No.1 & No.20 Blackfriars Road Inquiry, (two tall buildings affecting protected views across St James’ Park).
Expertise in all sorts of enforcement work.
Advising and representing local planning authorities and developers at inquiry, including: change of use to and from HMOs; change of use from A1 to A3/A5; agricultural PD cases as well as much experience in enforcing against gypsy sites in open countryside.
Advising a local planning authority from the outset, drafting ENs, complex case with 4 separate allegations (2 x changes of use, 2 x operational development) spread across 4 separate land owners, 2 of whom were innocent of the development that had taken place on their land.
Appeared for East Riding of Yorkshire Council in the Routh Wind Farm Planning Inquiry.

Barristers in the public, planning and environmental team also lecture and provide seminars on planning matters including training in giving evidence at mock public inquiries.

Highways

Definitive Maps and Rights of Way Cases:

We act for and advise Councils and private parties at all stages on applications to modify the Definitive Map. This includes advising on evidence, statutory presumptions and the law relating to modifications of the Definitive Map and appearing on behalf of surveying authorities at statutory or non-statutory inquiries. This also includes Town or Village Green work.

Civil and criminal remedies for obstruction of the Highway:

We advise and appear in prosecutions and civil proceedings relating to the maintenance of footpaths and cases involving the general duty of the Highway Authority to protect and promote the rights of Highway users, ranging from simple cases involving unlit skips to buildings erected over footpaths!

Controlled Parking Zones:

There is a unique degree of experience within the planning team at 6 Pump Court advising and litigating in relation to the introduction of controlled parking zones and issues which then arise.

Highways and Planning Powers:

6 Pump Court barristers have acted and advised in cases at the crossover between highways and planning powers, for instance, in respect of large-scale mixed-use development proposals involving significant impact on the strategic and local road network, pavement cafes, pavement crossovers to residential premises, highway safety and maintenance and so forth. Advice has been given on the wording, implementation and civil enforcement of traffic orders through Penalty Charge Notices. Members of chambers have also drafted regulations allowing the introduction of fixed penalty notices for matters such as dog fouling, dogs out of control, litter and minor obstruction of the highway.

Our barristers advise on issues arising from Agreements made under s38 & s278 of the Highways Act 1980 and their enforcement as well as the Private Street Works Code.

Recent highways work:

Advised a central London Borough on a suite of issues arising from the use of Highways Act and planning powers to create streets which are less cluttered and have a less anti social feel and appearance.
Advised and acted in proceedings for obstruction of the highway by pavement cafes and the use of licensing powers.
Instructed regularly by the Highways Agency, on behalf of the Secretary of State for Transport, in respect of proposals for the improvement of the strategic road network and in respect of proposals for development that involve significant impacts to the strategic road network.
Recently represented the Highways Agency at planning inquiries concerning the major urban extension to South Ashford in Kent.
Currently instructed by the Highways Agency in two cases concerning separate development proposals for strategic rail freight interchanges in Kent and Hertfordshire.
Instructed regularly by local highway authorities in relation to the maintenance and improvement of the local highway network and by local highways and planning authorities in respect of development proposals are likely to result in significant impacts on the local highway network.
Regularly advises highway authorities in respect of the matters relating the maintenance, obstruction and use of the highway and legal agreements made pursuant to the Highways Act 1980.
Advises and represents surveying authorities in respect of matters relating to the maintenance and modification of the Definitive Map and Statement under the Wildlife and Countryside Act 1981, including promoting Definitive Map Modification Orders at public local inquiries.
Appeared at numerous public inquiries into Definitive Map Modification Orders under the Wildlife and Countryside Act 1981, predominantly for local authorities (Kent County Council and Hertfordshire Council).
Experience of promoting diversion and extinguishment orders on public safety grounds, including the successful promotion of a Special Extinguishment Order in relation to a footpath running through school grounds, under s.118 Highways Act 1980.
Prosecution of section 137 Highways Act cases for local authorities in the Magistrates' Court.

Environmental

Environmental work falls into two categories. For that relating to environmental crime and regulatory enforcement please see the regulatory practice area page. More general environmental work involves contaminated land, both advising and appearing at inquiries and contested cases. Litigation arising from flooding as well as environmental issues arising in other areas of law such as the sale of land.

This is dealt with primarily on the Regulatory Law page. But some examples are:

Acting for Environment Agency in relation to contaminated land inquiries including the major inquiry so far relating to the plume of bromide and bromate contamination extending from St Leonard’s Court in Hertfordshire and affecting drinking water supplies.
Flooding litigation has included acting for householders and farmers and taking the case of Marcic v Thames Water Utilities Limited to the House of Lords.

Judicial Review and Statutory Challenge

Judicial Review:

Pre action protocols and acknowledgement of service including summary grounds.
Full grounds for seeking judicial review and witness statements where local authority is the claimant.
Full grounds for resisting the claim and witness statements where local authority is the defendant.
Litigation advice such as whether to retake a challenged decision, or submit to judgment.
Advice to correct any substantive or procedural errors.

Officers Reports:

Drafting of key areas of officers reports and advice on decision making.
Advising on declaration of interests in planning and other decisions.
Responding to dealings with the Local Government Ombudsman.
Acting in internal inquiries on employment matters.

General Propriety and Powers:

Advice on Monitoring Officer and Standards Committee issues, including procedures and disciplining of members.

Advocacy:

In judicial review and statutory challenge cases (e.g., those under s288 & s289 of the Town and Country Planning Act 1990).
In the High Court (permission and full hearings), the Court of Appeal and the House of Lords.




Public, Planning & Environmental Law 6 Pump Court has a team of 15 public, planning and environmental barristers, all of whom are members of PEBA. We deal with: Planning and Highways work Environmental – environmental crime and regulatory enforcement Judicial review and statutory challenge. Planning and Highways We act for a wide range of local authorities and appellants at planning inquiries. This involves advising on the tactical issues arising from the Rule 6 Statement and especially the new requirement for early agreement of the Statement of Common Ground. Thereafter, the objective is to assist the witnesses to present their case most effectively, advising on the content of proofs and issues likely to arise at the inquiry through to advocacy at the inquiry itself. We have a reputation not just as planning lawyers but as advocates with particularly high skills at witness handling and cross examination. For local authorities, “Member Overturns” are frequently defended. Planning inquiries experience ranges from 1 day through to 6 months covering major infrastructure projects, housing and mixed use schemes, industrial/business parks, retail proposals, leisure facilities, conservation areas, listed buildings and enforcement, commons and village greens. There is also experience and expertise in Highways work. Advisory work includes advising on enforcement matters, interpretation of planning permissions, analysis of conservation areas, procedural points, judicial review, ethical standards and planning obligations. Stephen Hockman QC, Peter Harrison QC, William Upton, Mark Beard and Richard Banwell are all recommended as specialist planning barristers in the Chambers & Partners. 6 Pump Court is a recommended leading environmental set in Legal 500. Anne Williams has sat as a village green inspector. Megan Thomas is a consultant planning inspector. New housing in the countryside and PPS 3 housing numbers, retail and leisure impact, nature conservation, energy projects, and built heritage work. LDF work has included advising on the preparation of Core Strategies, DPDs and SPDs. Represented house builders at inquiries involving redevelopment of greenfield and brownfield land often within Conservation Areas. Acted in relation to major projects including housing (greenfield, brownfield and within Conservation Area and involving Listed Buildings), windfarms (proposals for turbines of up to 150m in height close to areas of Landscape Value), commercial and industrial projects. Recent planning work: Appeared for London Borough of Lambeth opposing a large multi use redevelopment opposite St Thomas’ Hospital. Represented Westminster City Council in the Waterloo Station “Three Sisters” Tall Building Public Inquiry and in the Doon Street Inquiry 18 months ago. Advised Westminster on the procedure for dealing with the Chelsea Barracks planning application. Appeared in the High Court relation to the interpretation of PPS 2 and on LDF procedure. Appeared in 4-week Hart Location Plan Alterations inquiry which included proposed amendments to a number of major site allocations for housing and a new affordable housing policy. Successfully promoted these through inquiry to adoption. Appeared at a major inquiry into the proposed development of 500 houses and associated uses at Dilly Lane. Resisted an application to register a major site as a village green for Hythe Town Council (site of world renowned Venetian Fete which has consequently continued). She has sat as village green inspector. Appeared at several major housing inquiries including the proposed Marydown Development Area which included the construction of 1000 houses. Advice provided to Arun District Council on the preparation of evidence, which covered planning conservation and design matters and appeared for Arun at the Hawthorn Road inquiry. The proposal was to construct 60 sheltered housing units. In this case officers recommended approval but councillors refused the application. In addition to successfully defending the Council’s stance at a 2-day inquiry involving McCarthy & Stone at Fitzalan Road. Appeared in 2005 for Thurrock DC at the ‘once in a lifetime’ Shellhaven (London Gateway) inquiry for the new Port and 10 million Sq ft commercial development. Recently advised and represented the London Borough of Lambeth in the Brit Oval Public Inquiry into proposals to construct a new grandstand and hotel, at which evidence was taken in private session for the first time to protect national security interests. Advised and represented the local planning authority in respect of a judicial review challenge of its decision to expand Bournemouth International Airport. Regularly represented the Secretary of State in the High Court defending planning decisions taken by the Secretary of State and Inspectors and represents the Highways Agency and other highway authorities in respect of major development proposals affecting the strategic road network. Currently advising a County Council on the preparation of its Minerals & Waste Development Framework. Advises and represents local authorities in relation to planning for gypsies and travellers, including proposals for development, enforcement and LDF work. Represented Westminster City Council and the Royal Parks at the No.1 & No.20 Blackfriars Road Inquiry, (two tall buildings affecting protected views across St James’ Park). Expertise in all sorts of enforcement work. Advising and representing local planning authorities and developers at inquiry, including: change of use to and from HMOs; change of use from A1 to A3/A5; agricultural PD cases as well as much experience in enforcing against gypsy sites in open countryside. Advising a local planning authority from the outset, drafting ENs, complex case with 4 separate allegations (2 x changes of use, 2 x operational development) spread across 4 separate land owners, 2 of whom were innocent of the development that had taken place on their land. Appeared for East Riding of Yorkshire Council in the Routh Wind Farm Planning Inquiry. Barristers in the public, planning and environmental team also lecture and provide seminars on planning matters including training in giving evidence at mock public inquiries. Highways Definitive Maps and Rights of Way Cases: We act for and advise Councils and private parties at all stages on applications to modify the Definitive Map. This includes advising on evidence, statutory presumptions and the law relating to modifications of the Definitive Map and appearing on behalf of surveying authorities at statutory or non-statutory inquiries. This also includes Town or Village Green work. Civil and criminal remedies for obstruction of the Highway: We advise and appear in prosecutions and civil proceedings relating to the maintenance of footpaths and cases involving the general duty of the Highway Authority to protect and promote the rights of Highway users, ranging from simple cases involving unlit skips to buildings erected over footpaths! Controlled Parking Zones: There is a unique degree of experience within the planning team at 6 Pump Court advising and litigating in relation to the introduction of controlled parking zones and issues which then arise. Highways and Planning Powers: 6 Pump Court barristers have acted and advised in cases at the crossover between highways and planning powers, for instance, in respect of large-scale mixed-use development proposals involving significant impact on the strategic and local road network, pavement cafes, pavement crossovers to residential premises, highway safety and maintenance and so forth. Advice has been given on the wording, implementation and civil enforcement of traffic orders through Penalty Charge Notices. Members of chambers have also drafted regulations allowing the introduction of fixed penalty notices for matters such as dog fouling, dogs out of control, litter and minor obstruction of the highway. Our barristers advise on issues arising from Agreements made under s38 & s278 of the Highways Act 1980 and their enforcement as well as the Private Street Works Code. Recent highways work: Advised a central London Borough on a suite of issues arising from the use of Highways Act and planning powers to create streets which are less cluttered and have a less anti social feel and appearance. Advised and acted in proceedings for obstruction of the highway by pavement cafes and the use of licensing powers. Instructed regularly by the Highways Agency, on behalf of the Secretary of State for Transport, in respect of proposals for the improvement of the strategic road network and in respect of proposals for development that involve significant impacts to the strategic road network. Recently represented the Highways Agency at planning inquiries concerning the major urban extension to South Ashford in Kent. Currently instructed by the Highways Agency in two cases concerning separate development proposals for strategic rail freight interchanges in Kent and Hertfordshire. Instructed regularly by local highway authorities in relation to the maintenance and improvement of the local highway network and by local highways and planning authorities in respect of development proposals are likely to result in significant impacts on the local highway network. Regularly advises highway authorities in respect of the matters relating the maintenance, obstruction and use of the highway and legal agreements made pursuant to the Highways Act 1980. Advises and represents surveying authorities in respect of matters relating to the maintenance and modification of the Definitive Map and Statement under the Wildlife and Countryside Act 1981, including promoting Definitive Map Modification Orders at public local inquiries. Appeared at numerous public inquiries into Definitive Map Modification Orders under the Wildlife and Countryside Act 1981, predominantly for local authorities (Kent County Council and Hertfordshire Council). Experience of promoting diversion and extinguishment orders on public safety grounds, including the successful promotion of a Special Extinguishment Order in relation to a footpath running through school grounds, under s.118 Highways Act 1980. Prosecution of section 137 Highways Act cases for local authorities in the Magistrates' Court. Environmental Environmental work falls into two categories. For that relating to environmental crime and regulatory enforcement please see the regulatory practice area page. More general environmental work involves contaminated land, both advising and appearing at inquiries and contested cases. Litigation arising from flooding as well as environmental issues arising in other areas of law such as the sale of land. This is dealt with primarily on the Regulatory Law page. But some examples are: Acting for Environment Agency in relation to contaminated land inquiries including the major inquiry so far relating to the plume of bromide and bromate contamination extending from St Leonard’s Court in Hertfordshire and affecting drinking water supplies. Flooding litigation has included acting for householders and farmers and taking the case of Marcic v Thames Water Utilities Limited to the House of Lords. Judicial Review and Statutory Challenge Judicial Review: Pre action protocols and acknowledgement of service including summary grounds. Full grounds for seeking judicial review and witness statements where local authority is the claimant. Full grounds for resisting the claim and witness statements where local authority is the defendant. Litigation advice such as whether to retake a challenged decision, or submit to judgment. Advice to correct any substantive or procedural errors. Officers Reports: Drafting of key areas of officers reports and advice on decision making. Advising on declaration of interests in planning and other decisions. Responding to dealings with the Local Government Ombudsman. Acting in internal inquiries on employment matters. General Propriety and Powers: Advice on Monitoring Officer and Standards Committee issues, including procedures and disciplining of members. Advocacy: In judicial review and statutory challenge cases (e.g., those under s288 & s289 of the Town and Country Planning Act 1990). In the High Court (permission and full hearings), the Court of Appeal and the House of Lords.	Back to index Members News Cases Publications Print Preview Email to a friend Make an enquiry 020 7797 8400 Email the Clerks