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Annual Planning Seminar The Planning & Environment Group Present Annual Planning Seminar Monday 3rd April 2017 International Convention Centre, Birmingham 4 Learning Hours Tweet us: @No5 Chambers Chief Executive & Director of Clerking Tony McDaid Senior Practice Manager Andrew Bisbey Practice Group Clerks Craig Wain & Mitchell Nash Tel: +44 (0) 845 210 5555 Email: [email protected] Birmingham London Bristol Leicester Fountain Court Greenwood House 38 Queen Square 5 Museum Square www.No5.com Steelhouse Lane 4-7 Salisbury Court Bristol BS1 4QS Leicester LE1 6UF Birmingham B4 6DR London EC4Y 8AA DX 16075 DX 449 DX7838 DX17004 Fountain Court Birmingham London Chancery Lane Bristol Leicester 2 No5 Barristers' Chambers provides services on an equal opportunity basis Annual Planning Seminar Monday 3rd April 2017 International Convention Centre, Birmingham Contents Section 1 Members List Programme Section 2 Is the Housing White Paper really ‘fit for purpose'? Hugh Richards, Satnam Choongh & Peter Goatley, No5 Barristers’ Chambers Section 3 Strategic Planning in City Regions James Corbet Burcher & Chris Young, No5 Barristers’ Chambers Section 4 The European Dimension Thea Osmund-Smith, Paul Cairnes QC & Richard Humphreys QC, No5 Barristers’ Chambers Section 5 NSIP Development Celina Colquhoun, No5 Barristers’ Chambers Section 6 Legal Update Richard Kimblin QC & Scott Stemp, No5 Barristers’ Chambers Members list Planning & Environment To view or download members CVs please visit www.No5.com Jeremy Cahill QC - Head of Group Jack Smyth (2007) (Silk: 2002 Call: 1975) Leanne Buckley-Thompson (2009) Martin Kingston QC (Silk: 1992 Call: 1972) Hashi Mohamed (2010) Paul Bleasdale QC (Silk: 2001 Call: 1978) Thea Osmund Smith (2010) Clive Newberry QC (Silk: 1993 Call: 1978) James Corbet Burcher (2011) Paul Cairnes QC (Silk 2016 Call: 1980) Nina Pindham (2012) Richard Humphreys QC (Silk: 2006 Call: 1986) Christian Hawley (2013) Douglas Armstrong QC (Silk: 2005 Call: 1990) * Howard Leithead (2014) Richard Kimblin QC (Silk: 2016 Call: 1998) Timothy Jones (1975) Roger Dyer (1980) Nadia Sharif (1985) Kevin Leigh (1986) Celina Colquhoun (1990) Peter Goatley (1992) Hugh Richards (1992) Satnam Choongh (1994) Tim Sheppard (1995) Christopher Young (1997) Scott Stemp (2000) Jenny Wigley (2000) Suella Fernandes MP (2005) * Rowena Meager (2007) Chief Executive & Director of Clerking Tony McDaid Senior Practice Manager Associate Tenant * Andrew Bisbey Practice Group Clerks Craig Wain & Mitchell Nash Tel: +44 (0) 845 210 5555 Fax: +44 (0) 121 606 1501 Email: [email protected] No5 Chambers provides services on an equal opportunity basis Annual Planning Seminar Monday 3rd April 2017 International Convention Centre, Birmingham Programme 4 Learning Hours 09:30 – 10:00 Registration & Refreshments 10:00 – 10:10 Welcome and Introduction Peter Goatley, No5 Barristers’ Chambers 10:10 – 10:40 Keynote Address The Honourable Mr Justice Dove, A Judge of the Planning Court 10:40 – 11:00 Will it end ‘log-jams’ in the plan making process? Hugh Richards, No5 Barristers’ Chambers 11:00 – 11:20 Will it result in a faster and better planning application process? Satnam Choongh, No5 Barristers’ Chambers 11:20 – 11:40 Will it make housing delivery more certain? Peter Goatley, No5 Barristers’ Chambers 11:40 – 12:00 Refreshment Break 12:00 – 12:20 How can it effectively address the ‘larger than local’ issues? James Corbet Burcher, No5 Barristers’ Chambers 12:20 – 12:40 How can landowners/promoters effectively engage? Chris Young, No5 Barristers’ Chambers 12:40 – 12:50 Question & Answer Session 12:50 – 14:00 Lunch 14:00 – 14:20 Practical implications of forthcoming EIA Directive Amendments Thea Osmund-Smith, No5 Barristers’ Chambers 14:20 – 14:40 Air Quality Targets Paul Cairnes QC, No5 Barristers’ Chambers 14:40 – 15:00 The implications of Brexit for Environmental Regulations Richard Humphreys QC, No5 Barristers' Chambers 15:00 – 15:20 Are there real opportunities for other developments to ‘piggy-back’ onto NSIP development? Celina Colquhoun, No5 Barristers’ Chambers 15:20 – 15:50 Case Law and Legislation update Richard Kimblin QC & Scott Stemp, No5 Barristers’ Chambers 15:50 – 16:05 Question & Answer Session 16:05 Close Hugh Richards Planning & Environment Hugh Richards was called to the Bar having spent 12 years in the Army and read International Politics at the Universities of Wales (Aberystwyth) and California (Santa Barbara). His practice includes planning, environment and rights of way matters at inquiry and in the courts for developers, landowners, local authorities and government agencies. He has particular experience and expertise in housing, NSIP, energy, waste, development plan making, gypsy and travellers and ‘EIA Regulations’ issues. He also has a wider public law practice involving judicial review challenges to decisions of government and regulatory Year of Call: 1992 bodies. He talks regularly at seminars on variety of topics including ‘legal updates’, localism, energy and housing planning policy, Clerks development plan making, NSIPs, giving evidence at planning inquiries and gypsy and traveller issues. Senior Practice Manager Andrew Bisbey He is a school governor, military museum trustee and a keen amateur actor and singer. He obtained planning permission to build his own Chief Executive & Director of house in the Green Belt. Clerking Tony McDaid His work includes: Contact a Clerk Tel: +44 (0) 845 210 5555 Local Development Framework / Plan Making: • Landowner: housing allocations in Hertfordshire, Cheshire East, Fax: +44 (0) 121 606 1501 Sussex, Lichfield, Birmingham, Cardiff, Central Bedfordshire [email protected] • Developer: resisting allocations in minerals and waste local plan to prevent impact on housing site • Sedgmoor Core strategy: acting for LA in respect of policies relating to housing, employment land, roads, community facilities and planning obligations relating to the proposed new nuclear power station at Hinkley Point • Somerset authorities: SPD for new nuclear power station at Hinkley Point • Landowner: sustainable urban extension to Oxford • Developer: promoting new settlement of Northstowe in South Cambridgeshire Core Strategy, Area Action Plan and Development Control policies DPDs • West Midlands RSS Review: advised RPB • Leicestershire Minerals & Waste Core Strategy: advised LA • Derby City Local plan: advised LA • Solihull MBC: Local Plan, Gypsy and Traveller Core Strategy policies and site allocations DPD Planning Applications / Development Management: • Residential: o Developer: schemes of up to 500 houses in Northamptonshire, Leicestershire, Staffordshire, Worcestershire, Warwickshire, Gloucestershire, Nottinghamshire, Cheshire, Berkshire, Solihull; small schemes in ‘back gardens’; barn conversions, extensions, agricultural dwellings, holiday caravan parks; o Local Authority: schemes of up to 5,000 houses in Derbyshire, Worcestershire, Wiltshire, Sussex, ; ‘live-work’ units in Warwickshire; rural/village extensions; o Issues included: ‘EIA Regulations’, ‘Habitats Regulations’ Appropriate Assessment, ‘5 Year Supply’; affordable housing; highways, contributions in planning obligations; world heritage site, conservation areas and listed buildings, AONB. • Care Homes / Villages: for developer in Gloucestershire, Derbyshire and Shropshire; • Retail: o Local Authority: Superstores in Worcestershire, Nottinghamshire, Cornwall; food store in Leicestershire. Out-of-town retail park in Northamptonshire. • Energy from Waste: EfW incinerators for Local Authority in Derbyshire, Shropshire and Leicestershire. For objectors in Hertfordshire (impact on important heritage assets) • Employment: offices in West Midlands, industrial units in Cheshire, multi-modal storage and distribution in Nottinghamshire and Derbyshire • Gypsies & Travellers: o For Local Authorities in Solihull (Meriden site).Warwickshire, Worcestershire, Staffordshire, Shropshire, Flintshire, Cheshire, Yorkshire, Wiltshire o For Gypsies & Travellers in the South West • Minerals: Quarries for developers in Staffordshire and Lincolnshire; ROMP applications. • Education: securing permission for a new school in the green belt. Nationally Significant Infrastructure Projects • Hinkley Point C nuclear power station – Local authorities • Wylva nuclear power station – Local authority • Keuper underground gas storage – Local Authority • Trunk road alteration – Local authority. Enforcement / Lawful use: • Gypsy and Traveller sites (as above) • Lawful use by ‘10 year rule’ and commencement of development authorised by planning permission. • Development in breach of condition (including ‘conditions precedent’) High Court: • Judicial Review of grants of planning permission on grounds including: inadequate consultation, procedural unfairness, defects in EIA process (screening, scoping, content of ES), failure to identify and apply policies in the development plan, failure to consider material considerations, legality of conditions, defects in planning obligation procedure and content, adequacy of ‘summary reasons’ for the grant. • Judicial review of designation of conservation areas. • Injunctions – particularly relating to gypsies and travellers including those in the green belt. • Applications under s288 & s289 TCPA to quash appeal decisions relating to development management, lawful use and enforcement. • Applications under s113 to quash DPDs (or parts thereof). Compulsory Purchase: • City centre regeneration in Birmingham - objector • Urban regeneration in Northampton - objector • Urban ring road in the Midlands - promoter
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