Planning and Environmental Law Group Annual Planning Seminar 2012 The ICC, Birmingham Monday 19th March 2012 4.5 CPD Hours Practice Director Tony McDaid Practice Managers Andrew Bisbey, Gary Smith & Robert Woods Tel: +44 (0) 845 210 5555 Email: [email protected] Birmingham London Bristol www.No5.com Fountain Court, Steelhouse Lane 76 Shoe Lane 38 Queen Square Birmingham B4 6DR London EC4A 3JB Bristol BS1 4QS DX 16075 DX 449 DX 7838 Fountain Court Birmingham London Chancery Lane Bristol No5 Chambers provides services on an equal opportunity basis Annual Planning Seminar 2012 Monday 19th March 2012, The ICC, Birmingham Contents Section 1 Seminar Programme IML Connector – Handset Instructions Profile: Jeremy Cahill QC – Chairperson / Head of Group Members List Questionnaire Seminar Note Paper Section 2 Less is More? Jeremy Cahill QC & Paul Cairnes Section 3 Neighbourhood Watch Anthony Crean QC & Peter Goatley Section 4 Can I Run That Past You Again? Tim Jones & Jack Smyth Section 5 “…and they all lived happily ever after” Ian Dove QC & Gordon Wignall Section 6 Legal Update Richard Kimblin & Chris Young Section 7 What does it all Mean? Dr. Scotford, School of Law – King’s College London Section 1 Annual Planning Seminar 2012 Monday 19th March 2012, The ICC, Birmingham Programme 4.5 CPD hours 10:00 – 10:30 Registration & Refreshments 10:30 – 10:40 Welcome Address Jeremy Cahill QC – Chairperson 10:40 – 11:25 Less is More? Jeremy Cahill QC & Paul Cairnes 11:25 – 12:10 Neighbourhood Watch Anthony Crean QC & Peter Goatley 12:10 – 12:30 Refreshment Break 12:30 – 13:15 Can I Run That Past You Again? Tim Jones & Jack Smyth 13:15 – 14:15 Lunch 14:15 – 14:55 “…and they all lived happily ever after” Ian Dove QC & Gordon Wignall 14:55 – 15:35 Legal Update Richard Kimblin & Chris Young 15:35 – 16:10 What does it all Mean? Dr. Scotford, School of Law – King’s College London 16:10 – 16:30 Question & Answer Session Dr. Scotford & No5 Panel Jeremy Cahill QC - Head of Group Planning & Environment Jeremy Cahill QC continues to pursue a busy practice as Head of the Planning Group. The following are practice examples from the last year or so. Housing A great many of the appeal decisions during this period have related to the presence or absence of a 5 year housing land supply and how this is to be calculated and the following are examples of successful appeals: - M&G Sports ground, Cheltenham. (150 units ; PINS Ref 1183971) - Stenson Fields, South Derby. (500 units ; Ref 2038693) - Long Lawford, Rugby. (99 units ; Ref 2060256) Silk: 2002 - Upper Rissington, Cotswolds. (368 units ; 2112497) Year of Call: 1975 - Greyhound Stadium, Hinckley. (84 units ; Ref 2118652) - Coton Park East, Rugby. (165 units ; Ref 2113178) - Brewer's Lane, Badsey. (39 units ; Ref 2124085) - Bude, Cornwall. (350 units ; Ref 2115945) - Uppingham Road, Oakham. (96 Units ; Ref 2143475) The Bude decision is widely regarded as evidence of a turning point in the approach of the new Government towards housing development where there is no 5 year supply. The original Secretary of State decision to refuse was quashed and the new decision, post Plan for Growth, was to allow the appeal. An increasing number of the appeals have addressed the issue of viability such as the Jericho Boatyard appeal in Oxford where the Inspector accepted the "real world" approach to viability assessment. Retail Appeared on behalf of Asda in the High Court and Court of Appeal hearings in R (Telford Trustees) v Telford and Wrekin Council and Asda [2011] EWCA Civ 896 which concerns the appropriate level of detail required on reasons for grant of planning permission. Minerals Opencast coal mining appeals in Northumberland ( Ref 2022344) and Leeds. Appearances in the High Court on Judicial Reviews relating to grant of planning permission on behalf of Tarmac and Derbyshire County Council. Aggregate appeals for RMC and Tarmac. Waste Successful appeal against refusal of planning permission for a sub regional waste treatment plant in Garston, Liverpool. ( Ref 2117527). Permission secured ( at an enforcement appeal) for an unauthorized building in the green belt accommodating a wood recycling plant in Astley, Manchester. ( Ref 2111810-12). Permission secured for recycling of colliery shale near Wrexham, Wales. (Ref A822271). Judicial review of the Environment Agency's approach to licensing in terms of site boundaries. Care Homes A broad range of care home clients have been represented and there have been successful appeals for Sunrise at Sevenoaks, Winchester, Sutton Coldfield and Surbiton. Advice being given to Mc Carthy and Stone, English Care Villages and other operators on the status of Care home provision in terms of Use Class Order Classes C2 and C3. Leisure Marina proposals in Solihull ( two), redevelopment of Stradey Park, Llanelli for housing to facilitate a new stadium for The Scarlets, advice on golf course redevelopments in Warwickshire and Cornwall. Listed Buildings Appeals and advice given in relation to various developments including a Grade II * building in Herefordshire and Hensol Castle in Wales. Airports JC has the questionable honour of being involved in the longest ever enforcement appeal involving development at Coventry Airport. This has lead to requests for advice on the applicability of the GPDO to airports elsewhere. Successful appeal relating to development at Wolverhampton Airport and advice given in relation to the redevelopment of Dunsfold Aerodrome ( the home of Top Gear). Wind Farms Advised the Tusmore Park Estate in relation to an adjacent wind farm development. Articles & Publications: "Budget Special" as published by the Journal of Planning Law in June 2011. QUALIFICATIONS CLERKS LLB (Hons), Liverpool University Practice Managers Approved for direct public access Andrew Bisbey Gary Smith MEMBERSHIPS Robert Woods The Planning and Environment Bar Association, the Practice Director Compulsory Purchase Association, Tony McDaid and UKELA Tel: +44 (0) 845 210 5555 Fax: +44 (0) 121 210 7311 [email protected] RECOMMENDATIONS He has been recommended in a variety of guides such as UK Legal 500 and Chambers Guide to the Legal Profession as being a leading Silk in both planning and environmental law. Jeremy Cahill QC has a strong national practice, regularly advising on regeneration projects and retail developments. He counts a number of retirement home and residential housing developers amongst his diverse client base. (Chambers UK 2011) Rated very highly, Jeremy Cahill QC is praised for his "excellent and incisive approach to cases." He commonly advises on regeneration projects, retail developments, housing, employment and environmental issues. (Chambers UK 2010) 'is well followed for his development planning expertise' (Legal500 2009) “Superior grasp of the issues that come in to play” .... “He remains one of the foremost respected Silks in the field” (Chambers UK 2006) Members List - Planning and Environmental Law Group Jeremy Cahill QC (Head of Group) Silk 2002, Year of Call 1975 Martin Kingston QC Silk 1992, Year of Call 1972 Tony Smith QC Silk 1977, Year of Call 1958 Paul Bleasdale QC Silk 2001, Year of Call 1978 Ian Dove QC Silk 2003, Year of Call 1986 Douglas Armstrong QC Silk 2005, Year of Call 1999 Richard Humphreys QC Silk 2006, Year of Call 1986 Anthony Crean QC Silk 2006, Year of Call 1987 John Gilbert Harvey Year of Call 1973 Timothy Jones Year of Call 1975 Roger S Giles Year of Call 1976 Paul Cairnes Year of Call 1980 Nadia Sharif Year of Call 1985 Kevin Leigh Year of Call 1986 Bernard Thorogood Year of Call 1986 Gordon Wignall Year of Call 1987 Celina Colquhoun Year of Call 1990 David Park Year of Call 1992 Peter Goatley Year of Call 1992 Hugh Richards Year of Call 1992 Sarah Clover Year of Call 1993 Satnam Choongh Year of Call 1994 Tim Sheppard Year of Call 1995 Christopher Young Year of Call 1997 Richard Kimblin Year of Call 1998 Jenny Wigley Year of Call 2000 Bridget Forster Year of Call 2001 Philip Williams Year of Call 2005 Suella Fernandes Year of Call 2005 Jack Smyth Year of Call 2007 Rowena Meager Year of Call 2007 Thea Osmund-Smith Year of Call 2010 Practice Managers Practice Director Tel: +44 (0) 845 210 5555 Andrew Bisbey Tony McDaid Fax: +44 (0) 121 210 1501 Gary Smith [email protected] Robert Woods www.No5.com FEEDBACK QUESTIONNAIRE Annual Planning Seminar 2012 th 19 March 2012 Thank you for attending the above seminar. 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