the guide to PLANNING LAWYERS 201314 2 JUNE PLANNING LAWYERS INTRODUCTION Legal brieng rey areas abound in the interpretation The government’s new tax on development pro- of planning legislation and policy. The posals, the Community Infrastructure Levy (CIL), Ggovernment’s ongoing programme of is another growth area for the legal trade. Many planning reform and delays in develop- lawyers are advising clients on how local authority ment plan adoption are among factors creating a CIL charging schedules will affect their schemes. climate of uncertainty in which parties on all sides Others are helping councils ensure their charge see opportunities to press their own interests. rates pass the soundness tests set by ministers. The threat of litigation hovers over almost any These are just some areas where legal expertise major development or infrastructure proposal or is proving essential for parties seeking to realise local authority planning policy. In this climate, their aspirations through the planning system, lawyers have a key role to play in whether they are developers, local authorities or ensuring that schemes and third parties. A clear steer on the best sources of policies are fire-proofed legal advice is vital for anyone trying to nego- Contents against legal challenge. tiate this minefield. The Guide to Planning The government has Lawyers aims to help in two ways. 05 THE PLANNING TEAM taken steps to curtail First, it offers an element of peer re- Solicitors Law firms are Editorial the scope for chal- view via our annual Planning Law T 020 8267 4381 advising on many of the E [email protected] lenge, but these may Survey. In April, we asked lawyers and UK’s biggest schemes W PlanningResource@ make little difference planning consultants to nominate so- 09 haymarket.com to the volume of liti- licitors whose planning work they hold Barristers Business is Supplement editor gation. Most lawyers in high regard and individual so- Bryan Johnston boosted by housing and Supplement production editor predict that the new licitors and barristers whose infrastructure projects Keith Parish rules capping costs or- work exemplifies best plan- Supplement sub editor 13 Alice Hall ders against unsuccessful “Lawyers have ning law practice. We re- Services A guide to the Supplement layout claimants will encourage judi- a key role to ceived responses from Dennis Sterne range of planning legal Planning editor cial review challenges on planning play in ensuring 284 experts in the field, specialisms Richard Garlick and environmental grounds. including 83 solicitors Cover images that schemes 17 Alamy Some feel that ministers’ general and policies are in private practice, 125 Directory Full details for reluctance to use call-in powers on safe from legal barristers, 42 consult- solicitors and barristers Advertising controversial proposals supported by ants and 34 local author- offering planning advice T 020 8267 8126 local authorities leaves disappointed challenge” ity lawyers – the fullest E fawad.minhas@haymarket. com objectors little option but to test their response ever. The findings Subscriptions arguments through the courts. This ap- are set out in our features sec- T 08451 557355 plies perhaps most prominently in the hous- tion (see pages 5-12). E haymarketuk@ subscription.co.uk ing field, where lawyers see clear signs of market Second, the Guide provides a summary on the W www.haysubs.com confidence returning. services offered by nearly 200 law firms and cham- Planning is published by Haymarket Business Media, Back issues The Planning Act 2008’s development consent bers on planning, environmental and commercial 174 Hammersmith Road, T 01733 385170 order (DCO) procedure for nationally significant matters (see pages 13-16). Finally, the directory sec- London W6 7JP E backissues@ infrastructure projects is now in full swing. Sev- tion contains contact details for each organisation © Haymarket Business Media johndentonservices.com W www.mags-uk.com eral schemes approved so far face judicial reviews. (see pages 17-31). We hope this publication will Reprints Lawyers in this arena have built up valuable expe- point you towards reliable and productive advice. T 020 8267 4752 Bryan Johnston, Consultant Editor, Planning // List rental rience in managing the DCO application process T 020 8267 4607 and making sure the documentation is sound. [email protected] JUNE 03 4 JUNE PLANNING LAWYERS SOLICITORS pinion about the best sources of advice on planning can shift rapidly over time. As On top ever, our annual peer review of the sector Oshows a few firms of solicitors climbing the lower rungs of the ratings ladder, and others fall- ing back (see table, page 6). Yet there is consistency in the top tier, with only one new entry in this year’s of the law top ten and three new entries in the top 20. This year, Berwin Leighton Paisner retains pole position. Its involvement in projects including Lon- don’s Thames Tideway Tunnels and Yorkshire’s White Rose carbon capture and storage project has Our rankings cemented its position as a key infrastructure player. of the highest rated But partner Tim Pugh points to “trophy develop- ments” such as the University of Cambridge’s ex- planning law rms and pansion project and a track record in resisting legal individual solicitors give challenges as key elements of the firm’s offer: “Our work reflects a shift towards a smaller number of some useful pointers to nationally significant infrastructure projects (NSIPs) and other high-value schemes.” the best sources of expert Infrastructure, energy, commercial and residen- advice. Huw Morris tial development are the main strands of activity for Eversheds, national head of planning Stuart reports Andrews reports. The firm is promoting the High Speed Two (HS2) rail link, currently facing a Court of Appeal challenge, while it is exploring the legal TOM CAMPBELL TOM Berwin Leighton Paisner: planning team remains top of the law firm ranking with focus on large-scale infrastructure projects and track record on judicial challenges JUNE 05 PLANNING LAWYERS SOLICITORS implications of new forms of energy supply in its work on energy firm Cuadrilla’s shale gas explora- Top rated planning law rms 2013 tion programme in Lancashire. Major mixed-use projects feature heavily in SJ Ber- Rank Rank Company Rank Rank Company win’s current workload. Judicial review is another 2013 2012 2013 2012 staple: the firm is acting for HS2 Action Alliance on 1 1 Berwin Leighton Paisner 26= 32= Ward Hadaway its challenge to the HS2 route. Head of planning and 2 2 Eversheds 32= 37= ASB Law environment Simon Ricketts identifies environmen- 3 4 SJ Berwin 32= 44= Cripps Harries Hall tal assessment, the Community Infrastructure Levy 4 5 Pinsent Masons 34= Blake Lapthorn (CIL) and compulsory purchase as growth areas. 5= 8 Bircham Dyson Bell 34= 44= DMH Stallard Pinsent Masons partner Richard Ford says the 5= 3 Herbert Smith 34= Dundas & Wilson firm’s London team has expanded fast on the Olym- 7 6 Hogan Lovells International 34= 27= Paul Winter & Co pic Park legacy scheme, the Earls Court mixed-use 8 9= DLA Piper 34= 44= Shoosmiths development and Croydon’s Whitgift Centre redevel- 9 7 SNR Denton 34= 55= Stephenson Harwood opment. The firm is also advising on 20 development 10 11 Ashurst 34= Taylor Wessing consent orders (DCOs) under the NSIP regime. 11 16= Burges Salmon 41= 32= Clifford Chance At Bircham Dyson Bell, up three places in this 12 9= Marrons 41= 32= CMS Cameron McKenna year’s top ten, 70 per cent of the work revolves 13= 14 Clyde & Co 41= Geldards around major infrastructure schemes, including HS2 13= 12 Nabarro 41= 32= K & L Gates and Transport for London’s Northern Line extension 15= 19= Bond Dickinson 41= Linda S Russell and London river crossings programmes. “Policy, 15= 13 Wragge & Co 41= 27= Mills & Reeve practice and procedure are constantly evolving in 17 19= Forsters 41= Weightmans this area,” says head of major projects Robbie Owen. 18 32= Lawrence Graham (LG) 48= Aaron & Partners Herbert Smith Freehills partner Matthew White 19 Blandy & Blandy 48= 22= DAC Beachcroft says knowledge gained during his team’s involve- 20 22= Squire Sanders 48= 37= DWF ment in EDF Energy’s Hinkley Point nuclear plant 21 16= Richard Buxton 48= 37= Gateley DCO, approved in March, is feeding through into 22= 27= Sharpe Pritchard 48= Hill Dickinson work in the offshore wind, shale gas and aviation 22= 22= Winckworth Sherwood 48= Michelmores sectors. This spring the firm successfully defended 24= Lewis Silkin 54= 44= Browne Jacobson a court challenge to ministerial consent for the re- 24= 37= Richard Max & Co 54= 44= Clarke Willmott generation of Crystal Palace Park in south London. 26= 22= Addleshaw Goddard 54= 44= Freeth Cartwright Hogan Lovells International’s current work var- 26= 44= Ashfords 54= 44= Keystone Law ies from major mixed-use projects in London to a 26= 16= Norton Rose 54= 37= Reynolds Porter Chamberlain rail freight interchange in Hertfordshire and an 18- 26= 27= Osborne Clarke 54= 37= Speechly Bircham kilometre gas pipeline in Yorkshire. Head of plan- 26= 15 Walker Morris 54= 44= Walton & Co THE TOP FIVE PLANNING SOLICITORS SIMON RICKETTS STUART ANDREWS MICHAEL GALLIMORE IAN GINBEY TIM SMITH Hailed as “the thinking man’s Rated as a “very effective Hogan Lovells International’s Steering CALA Homes’ Barton This Berwin Leighton Paisner planning lawyer”, Ricketts is communicator”, Eversheds’ head of planning is rated Farm urban extension project partner takes a “stimulating busy advising on major mixed- head of planning advises for his “strategic insight” on in Winchester through a series approach” to work ranging use projects at Kettering and the Crossrail 2 project team flagship London projects such of legal obstacles has sealed from Halite Energy’s gas Houghton Regis.