Planning & Environment

Our team advises on all the planning aspects in relation to Certificates of Lawful Use or Development including the merits, requirements, and the drafting of applications. The team also regularly negotiates with local planning authorities and advises with any appeal process if required. 

• Assisted developers to obtain lawful development certificates for existing or proposed uses, including in relation to two central London sites for a major food retailer.
• Obtaining lawful development certificates, e.g. to ‘regularise’ unauthorised dwellings in the Green Belt; implementation of overlapping planning consents.
• Planning, enforcement and LDC appeals related to heritage assets, e.g. preservation of WW2 radio wave research building in the National Park.
• Acted in the preservation of a WW2 radio wave research building in the National Park.
• Acted in the B8 storage use of a former Cold War military base.

We are experts in the promotion of development consent orders for Nationally Significant Infrastructure Projects under the Planning Act 2008. Our experience spans all stages of the process, from strategic advice and consultation, to decision and beyond. We can advise on all aspects including compulsory purchase, environmental/habitats impact assessments, negotiations with stakeholder and objectors, and drafting the order and supporting legal documents. 

• Acted on behalf of a considerable agricultural landowner in objecting to the proposed Beacon Fen Energy Park DCO which would have required extensive cabling to be laid through their crop farm.
• Represented the Royal Horticultural Society opposing a DCO affecting its headquarters in Wisley.
• Advised Wheelabrator Technologies on DCOs for two new energy-from-waste power generating stations with a combined capacity of 112MW in Kent.
• Advised Calon Energy on the implementation of a DCO and exercise of compulsory rights for a 28km cross-country gas pipeline to connect a new gas-fired power station to the national transmission grid.
• Advised National Grid Gas on a DCO for the replacement of a 6km tunnelled section of high-pressure gas transmission pipeline under the River Humber.
• Advised National Grid Electricity Transmission on a DCO for a new 2.8km 400kV overhead electricity transmission line in Norfolk.
• Advised Shell Pensions Trust on objections and asset protection for third-party DCO and CPO developments (including HS2) affecting their portfolio across the UK.
• Advising REITS, landowners, infrastructure operators, statutory undertakers and local authority stakeholders on DCOs and Transport and Works Act Orders for road, rail, and infrastructure projects.
• Advised an airport developer on planning and environmental matters, as well as the DCO and Airports National Policy Statement processes relating to its innovative proposals at Heathrow.
• Advised Cumbria County Council and the North-West Legal Consortium on the DCO process for the Moorside Nuclear Power Station Project and North-West Coastal Connection projects.
• Advised on the 2CO Project in the Don Valley. This was the UK’s and EU’s leading carbon capture and storage proposal. Advised on the DCO process, specifically with respect to power projects and motorways/highways infrastructure as well as grid connections, which included the promotion of a compulsory purchase order under the Electricity Act 1989. Also advised on the work necessary to implement the consents under section 36 and 37 of the Electricity Act 1989.
• Advised an airport developer on planning and environmental matters, as well as the DCO and Airports National Policy Statement processes relating to its innovative proposals at Heathrow.

Our planning team understand the difficulties in relation to enforcing planning control. We advise on preventing enforcement, including negotiations, and in appealing against enforcement notices, statutory nuisance, and other regulatory controls. We also have vast experience of clients through the appeal process including representation at inquiry or in court.  

• Successfully defended 21 enforcement notices issued in respect of a large mixed-use commercial development in the green belt, with permission ultimately granted for the entire development following a two-week public inquiry.
• Acted for Notting Hill Genesis and successfully defended an enforcement notice in respect of critical water infrastructure which, if required to be removed, would have disrupted the service of water to a south London estate which was home to more than 1,000 people.
• Successfully challenged the Secretary of State’s decision on an enforcement notice appeal in the High Court.
• Advised a client in relation to compliance and enforcement matters relating to a neighbouring turkey farm.
• Enforcement against ‘concealed’ development: Jackson v SSCLG; Bonsall v SSCLG [2015] EWCA Civ 1246.
• Advised a property development company in relation to a planning enforcement dispute concerning the validity and implementation of a prior approval permitted development consent (‘Class Q’ barn conversion).
• Handled a planning enforcement appeal for a private client relating to the unauthorised conversion of agricultural buildings to residential uses.
• Dealt with threatened enforcement action concerning unauthorised works to a Grade 1 listed building in Church Row Hampstead, NW3.
• Represented a client as a Rule 6 Party at a public inquiry associated with an application for a retrospective development in connection with one of the largest breaches of planning control in the UK.

Our planning experts have considerable experience in assessing the environmental impact on projects and negotiating with all relevant parties. We advise on all aspects of the assessment from its liability, whether a request for screening needs to be submitted, through to the initial work in relation to screening and scoping opinions and all negotiations, and advise on any objections and disputes in this extremely contentious area. 

• Acted on several high-profile, tall-building schemes in the Vauxhall Nine Elms Opportunity Area and the Southbank. The projects engaged complex issues arising in respect of Environmental Impact Assessment, including CIL, s.106 and judicial review.
• Advised on solar energy projects, focussing on deliverability and grid connections as well as battery storage. This has included advice on Best and Most Versatile Land, National Planning Polices and Guidance (including Green Belt, National Landscapes (AONBs) and heritage assets), Strategic Environmental Assessment, Environmental Impact Assessment, as well as the Conservation of Habitats and Species Regulations.
• Advised Barking Power Limited on its application for consent under section 36 of the Electricity Act 1989 for a 470MW extension to the existing 1000MW combined-cycle gas turbine power station. Advised on the preparation of the application, the EIA, and proposed conditions particularly in relation to combined heat and power, carbon.
• Advised a landed estate client on EIA issues associated with proposals for a new milking and dairy parlour in Somerset.
• Advised a Premier League football club on EIA issues associated with a new stadium development.
• Advised a national listed developer on EIA issues associated with a new tall building residential development in South London.
• Advised a landed estate client on EIA issues associated with proposals for a new camping and associated tourist development in Hampshire.
• Legal audits of planning application/EIA – reviewed planning applications and environmental statements for housebuilders and developers, including in relation to conjoined developments and developments in the greenbelt.
• Legal audit of planning applications/EIA – conducted legal audits of planning applications and environmental statements for a number of build to rent developers, to minimise risk of legal challenge.
• Legal audit of planning applications / EIA for both solar and wind developer clients.

Our planning experts regularly guide clients through the jungle of complex European legal requirements in order to comply with the Habitats Regulations, often overseeing the preparation of reports to ensure compliance and negotiating with local authorities as well as national and local conservation bodies. 

• Advised on solar energy projects, focussing on deliverability and grid connections as well as battery storage. This has included advice on Best and Most Versatile Land, National Planning Polices and Guidance (including Green Belt, National Landscapes (AONBs) and heritage assets), Strategic Environmental Assessment, Environmental Impact Assessment, as well as the Conservation of Habitats and Species Regulations.
• Advised on numerous listed buildings and heritage assets including listed building consents, heritage impact assessments, and statements of significance, as well as conservation areas and world heritage sites. He has also opposed applications to list buildings at national and local level and successfully acted for clients who want to safeguard listed buildings and their settings from inappropriate development.

Our skilled planning team draft and negotiate agreements under the Highways Act 1980, including any land ownership and CPO issues and procedures. We also regularly negotiate with local highway authorities and the Highways Agency as and when appropriate. 

• Advised an effected landowner on all matters relating to the acquisition of their property by National Highways for the M25 Junction 28 improvement works including making a series of application for certificates of appropriate alternative development.
• Represented the Royal Horticultural Society in its objections to the M25 junction 10/A3 Wisley Interchange improvement Development Control Order (including appearing as solicitor advocate at the CPO sessions) that impacted its gardens at RHS Wisley, Surrey.
• Advised Shell Pensions Trust on objections and asset protection for third-party DCO and CPO developments (including HS2) affecting their portfolio across the UK.
• Acted for Banham Security in connection with the threatened CPO of its headquarters building by TfL as part of the Northern Line Extension project and negotiation of a complex Land and Works Agreement securing compensation on favourable terms.
• Represented ACE Electrical Distributors in a landmark Upper Tribunal CPO claim in connection with the Greenwich Peninsular, now the O2 Centre.
• Advised one of the UK’s largest privately owned investment companies in relation to compulsory purchase of land by Highways England at one of their hotels.
• Advised Cumbria County Council and the North-West Legal Consortium on the DCO process for the Moorside Nuclear Power Station Project and North-West Coastal Connection projects. This focussed on the local authorities’ duties and interests, compulsory purchase law, highways, infrastructure, environmental and planning/s106/s278/affordable housing matters.
• Advising a consortium on strategic planning issues and s106 agreement for the development of up to 2,700 dwellings at South East Coalville development including new primary school, public open space and ancillary transport, highways and drainage infrastructure.
• Advised on the promotion of a CPO near Chichester to secure the land rights for an access road to deliver a housing development.
• Negotiated section 106 planning agreements, section 278/38 highways agreements, s177 overhanging licences, and section 104 drainage agreements for build to rent developers and operators.
• Advised Scottish Widows Investment Property Partnership Trust on planning and highways agreements for the regeneration of over 150,000sq feet of retail and public space in Sheffield’s main pedestrianised street, The Moor, in partnership with the Sheffield City Council.
• Advised on a range of data centres focussing on planning and environmental policies, highways matters, protected species, and utility/grid connections.

Our Planning & Environment team acts for both developers and objectors in advising them on the often complex issues that result from infrastructure proposals, whether they relate to single site issues, such as wind farms, sports arenas, or ports, to linear proposals such as the Thames Tideway Tunnel and new railway and highway schemes. 

• Acted for Shell UK in connection with the redevelopment of its facilities at Shellhaven for a new port.
• Advised Tameside Metropolitan Borough Council on the compulsory purchase order and planning application for the Godley Green Garden Village which is a 2,350-unit carbon neutral scheme with associated infrastructure, community facilities, and green space. This has included advice on the impacts on Network Rail’s infrastructure.
• Advised British Airways Pension Fund on very high-value compensation against HS2 Limited.
• Acted for Notting Hill Genesis and successfully defended an enforcement notice in respect of critical water infrastructure which, if required to be removed, would have disrupted the service of water to a south London estate which was home to more than 1,000 people.
• Advising REITS, landowners, infrastructure operators, statutory undertakers and local authority stakeholders on the Development Consent Orders (DCOs) and Transport and Works Act Orders for road, rail, and infrastructure projects.
• Advised Barratt Developments plc on the s106 agreement for a mixed use scheme at Overstone Leys comprising up to 2,000 dwellings, nursery, medical centre, primary school, sports facilities, open space, retail, commercial and industrial uses and associated infrastructure.
• Advising a consortium on strategic planning issues and s106 agreement for the development of up to 2,700 dwellings at South East Coalville development including new primary school, public open space and ancillary transport, highways and drainage infrastructure.

Our team of planning experts advise clients on their prospects of success in relation to an undergoing judicial review. We regularly work closely with our clients to advise on the initial negotiation, any pre-action protocol, the lodging of a case, , and negotiating with local authorities, government agencies and third parties. 

• Instructed by Lancashire County Council in connection with the judicial review of its decision to grant planning permission to Lancashire Cricket Club for the redevelopment of its ground.
• Acted for Barratt Homes on various high-value residential developments as well as a long-running judicial review claim.
• Acted for Ocubis Limited at judicial review proceedings concerning an illuminated advertisement for a prominent site on Putney Bridge Approach, SW6.
• Advised Crest Nicholson and Hallam Land on a judicial review of the decision of the Atomic Weapons Establishment (AWE) to extend the emergency planning zone around the AWE establishment at Burghfield. This was a complex and highly sensitive challenge with multiple parties.
• Advised the London Borough of Hillingdon on the HS2 Safeguarding Directives including a judicial review to them which went to the Court of Appeal. Acted on several high-profile, tall-building schemes in the Vauxhall Nine Elms Opportunity Area and the Southbank. The projects engaged complex issues arising in respect of Environmental Impact Assessment, including CIL, s.106 and judicial review.
• Advised a hotel owner on successfully resisting a judicial review challenge brought by neighbouring landowners to the grant of planning permission relating to a planned major expansion of the existing hotel premises and business operation.
• Successfully advised a cricket club in relation to judicial review proceedings followed by a long-running series of legal dispute relating to unauthorised housing development affecting its ground.
• Brought successful judicial review proceedings in court after planning permission was granted for the conversion of a public house into residential dwellings.
• Acted for Tottenham Hotspur Football Club in connection with its application for a new Women’s Training Facility in the Green Belt in Enfield including an associated judicial review claim.

Our planning specialists work hand in hand with clients, advising them on their requirements and the legal implications in relation to laws for the protection of buildings and the historic environment, which include Scheduled Monuments and World Heritage Sites. We regularly advise clients on Immunity from Listing, redevelopment, and prospects of securing consent, including demolition and “Enabling Development”. 

• Secured planning permission and listed building consent for the iconic Grade II-listed Space House in Covent Garden to create 255,000 sq ft of workspace, flexible retail and events space. Historic England stated: “Space House is one of the most important redevelopment projects of our time.”
• Advised on the disposal of a UK purpose-built student accommodation provider with over 23,000 beds trading under its existing brand including a number of properties with planning defects including those related to listed buildings.
• Secured planning permission and listed building consent for the iconic Grade II-listed Space House in Covent Garden to create 255,000 sq ft of intelligently designed workspace, flexible retail and events space. Historic England stated: “Space House is one of the most important redevelopment projects of our time.”
• Advised on the total restoration and change of use back to residential purposes of a Grade II* listed property in Kensington that had been built for the theatrical musician W.S. Gilbert of Gilbert & Sullivan.
• Advised on the diversification of a Grade II listed estate to establish income-generating activities which would support the maintenance of the house including a solar farm, rented guest accommodation and spa.
• Advised AirBnb on planning and environmental compliance guidance for listed properties.
• Advised on the planning law issues arising in respect of the conversion and extension of a landmark listed building in central London into a 99-bedroom hotel and museum.
• Negotiated the planning agreements relating to the £40 million re-development of a listed building into London’s largest casino.
• Advised the owner of a Grade 1 listed country estate in Wokingham in relation to the development of outbuildings for residential use.
• Advised a private owner in respect of the initial development plans for the creation of an award-winning luxury spa hotel in the UK (Calcot Manor Hotel situated in the Cotswolds). This included advising on listed building controls, planning procedures and legal agreements.
• Dealt with threatened enforcement action concerning unauthorised works to a Grade 1 listed building in Church Row Hampstead, NW3.
• Acted for Nimax Theatres in connection with a high-profile proposal to rig a ceiling screen at the listed Palace Theatre, W1.
• Provided advice on potential liabilities for failure to maintain a Grade II listed hotel for a leading private equity house.
• Successfully quashed an inspector’s decision refusing consent for planning permission and listed building consent on the basis of the inspector’s material error in law.
• Advised a local authority on the promotion of a planning application and compulsory order to facilitate the regeneration of a dilapidated listed building into a hotel development. This required complex heritage, archaeological, and CPO advice.
• Advised a local authority on all aspects of the promotion of a planning application and compulsory purchase order for a new civic centre and theatre on a sensitive site in the centre of Tunbridge Wells.
• Advising on several landmark redevelopments in central London, including a new UK headquarters in King’s Cross, the redevelopment of Chelsea Barracks, and the listed Millbank Tower.

Our planning experts understand the strategies, steps, and polices needed to promote developments through local plans, and regularly advise local authorities on production of their plans including SEA (Strategic Environmental Assessment). We are also capable of advising on objections to plans, including appearances at local plan inquiries. 

• Represented North-West Thames Regional Health Authority as solicitor-advocate at the St Albans Local Plan Inquiry.
• Acted for Dylon 2 on a statutory review of the Bromley Local Plan in the High Court.
• Advised on solar energy projects, focussing on deliverability and grid connections as well as battery storage. This has included advice on Best and Most Versatile Land, National Planning Polices and Guidance (including Green Belt, National Landscapes (AONBs) and heritage assets), Strategic Environmental Assessment, Environmental Impact Assessment, as well as the Conservation of Habitats and Species Regulations.

Our planning specialists advise on the contents of major planning applications and negotiations with local authorities and other agencies, including the Highways Agency and bodies such as EA, NE, and CPRE. Our experience extends to advising on all aspects of appeals from the lodging to the overseeing of the process through to public inquiry, local hearing or written representations. 

• Advised a local authority on the promotion of a planning application and compulsory order to facilitate the regeneration of a dilapidated listed building into a hotel development. This required complex heritage, archaeological, and CPO advice.
• Advised a local authority on all aspects of the promotion of a planning application and compulsory purchase order for a new civic centre and theatre on a sensitive site in the centre of Tunbridge Wells.
• Planning applications and appeals for numerous logistics providers, including over a period of ten years in relation to an 11 million square feet logistics park.
• Acting for the Indian, French and Russian governments in a major planning application in Kensington and Chelsea (now in the Court of Appeal).
• Successfully conducted a series of planning appeals for a major supermarket chain
• Successfully conducted a series of planning appeals for a major telecommunications operator.
• Acted for Free Trade Wharf Management Ltd in its long-running planning applications to the London Borough of Tower Hamlets involving the demolition of wharves and heritage issues.
• Advised Tameside Metropolitan Borough Council on the compulsory purchase order and planning application for the Godley Green Garden Village which is a 2,350-unit carbon neutral scheme with associated infrastructure, community facilities, and green space. This has included advice on the impacts on Network Rail’s infrastructure.

Our team of planning experts regularly oversees major projects from inception. We advise clients on all aspects of the project from planning applications, EIS and Screening, through to making a case for compulsory purchase if required.

• Devised a planning strategy to retrospectively regularise a considerable “Grand Designs”-style seafront residential property with a number of material departures from the approved plans including roof height.
• Planning applications and appeals for numerous strategic land promoters.
• Advised in relation to renewable energy proposals in the greenbelt – advised developer clients in relation to site selection and planning strategy in relation to solar projects in the greenbelt, with reference to case law and recently decided planning appeals and identifying market trends.
• Advised a landowner in relation to the conversion of agricultural buildings to residential, in Kent. Advised on planning strategy and subsequently the prior approval application and supporting evidence to satisfy the legal tests set out in Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
• Advised a farming company in relation to contract negotiations concerning strategic development proposals for a major urban extension to Chipping Campden.
• Acted on behalf of St Paul’s School London in connection with its redevelopment strategy.
• Advised Great Northern Warehouse on its redevelopment strategy in Manchester.
• Advised a private client in connection with a strategy to make a CLEUD application in respect of a house that was originally three flats.
• Provided strategic planning advice to a Premier League football club in respect of proposals for redevelopment of a £1bn new stadium.
• Advised Cala Homes on promoting various strategic mixed-use schemes including 600 dwellings at New Monks Farm, West Sussex and 3,500 dwellings at Long Marston Airfield, Stratford-on-Avon.
• Advising a consortium on strategic planning issues and s106 agreement for the development of up to 2,700 dwellings at South East Coalville development including new primary school, public open space and ancillary transport, highways and drainage infrastructure.

Our lawyers advise on all aspects of Section 106 Agreements, from simple unilateral undertakings in order to address a single point on appeal, through to complex documents dealing with a wide range of issues covering the complexities of major developments such as Major Urban Extensions for thousands of new homes, related uses, and infrastructure. 

• Negotiated section 106 planning agreements, section 278/38 highways agreements, s177 overhanging licences, and section 104 drainage agreements for build to rent developers and operators.
• Advising a consortium on strategic planning issues and s106 agreement for the development of up to 2,700 dwellings at South East Coalville development including new primary school, public open space and ancillary transport, highways and drainage infrastructure.
• Negotiated a Section 106 Agreement for a listed UK-based property developer for the first phase of a major London regeneration project (approximately 900 units).
• Acted for a national housebuilder client on several Section 106 Agreements across London including the negotiation of complex affordable housing obligations.
• Negotiated and drafted a Section 106 Agreement for a regeneration project in north London on behalf of a Premier League football club, including a supermarket, stadium, hotel, and major residential development (comprising several tall buildings).
• Negotiated a Section 106 Agreement for a 300-unit purpose-built student accommodation scheme in London, including viability review mechanisms.
• Advised the UK development arm of a multinational bank on a Section 106 Agreement associated with a landmark residential scheme in Covent Garden.
• Drafted and negotiated a Section 106 Agreement for a mixed-use cinema and residential scheme on behalf of an international hospitality group in East London.
• Advised Barratt Developments plc on the s106 agreement for a mixed use scheme at Overstone Leys comprising up to 2,000 dwellings, nursery, medical centre, primary school, sports facilities, open space, retail, commercial and industrial uses and associated infrastructure.
• Negotiated a complex Section 106 Agreement for a major housing proposal which included the provision of a new secondary school in Kent.
• Drafted and negotiated Section 106 Agreements on behalf of Heron International for two high-rise residential towers in Marylebone and Victoria.
• Negotiated a Section 106 Agreement in connection with the redevelopment of Berners Hotel, London.

Working effectively with local authorities, government agencies and other parties, our Planning team is well placed to deliver successful urban regeneration schemes, including those involving major transport improvements, Public Private Partnerships, and compulsory purchases.

• Advised the London Borough of Haringey on planning and compulsory purchase matters for re-development of the White Hart Lane stadium and comprehensive urban regeneration by Tottenham Hotspur Football Club including new 56,250-seat stadium, 200 residential units and 150-room hotel.
• Advised in relation regeneration of town centres including acting for Swindon Council on their £33 million town regeneration scheme.
• Negotiated and concluded a series of s106 agreements for student accommodation and build-to-rent schemes across the country.
• Advised Scottish Widows Investment Property Partnership Trust on planning and highways agreements for the regeneration of over 150,000 sq feet of retail and public space in Sheffield’s main pedestrianised street, The Moor, in partnership with the Sheffield City Council.
• Advised a listed REIT on all aspects of the planning and CPO process as well as statutory agreements for three major retail-led mixed-use redevelopment projects in Leeds, Southampton, and Sheffield.
• Advising on several landmark redevelopments in central London, including a new UK headquarters in King’s Cross, the redevelopment of Chelsea Barracks, and the listed Millbank Tower.

The ever-increasing profile of climate change and the rise of regulation designed to tackle it has put tremendous pressure on the energy industry. Our lawyers guide clients through their obligations and assist them in all areas of climate change law including energy-efficient regimes, renewable energy, litigation, reporting, and public scrutiny, from a local to an international level. 

• Advised Wheelabrator Technologies on DCOs for two new energy-from-waste power generating stations with a combined capacity of 112MW in Kent.
• Advised on consenting process for renewable energy projects including wind, solar, battery storage.
• Advised on commercial-scale solar developments for a number of solar developers, including advising a client on their first five UK solar project acquisitions.
• Advised Greener Wind Energy Limited on a High Court challenge.
• Planning appeals for developers (wind and solar), including two planning appeals (wind) for one of leading suppliers of renewable energy worldwide.
• Advised on solar energy projects, focussing on deliverability and grid connections as well as battery storage. This has included advice on Best and Most Versatile Land, National Planning Polices and Guidance (including Green Belt, National Landscapes (AONBs) and heritage assets), Strategic Environmental Assessment, Environmental Impact Assessment, as well as the Conservation of Habitats and Species Regulations.
• Legal audit of planning applications/EIA for both solar and wind developer clients.
• Advised in relation to renewable energy proposals in the greenbelt – advised developer clients in relation to site selection and planning strategy in relation to solar projects in the greenbelt, with reference to case law and recently decided planning appeals and identifying market trends.

Our experienced regulatory, transactional, and contentious environment lawyers advise both public and private-sector clients by guiding them through all matters encountered directly or indirectly in the niche area of contaminated land, including brownfield proposals, regulatory investigations, and the selling and purchase of industrial and manufacturing sites.

• Advised Barratt Developments plc on the s106 agreement for a mixed use scheme at Overstone Leys comprising up to 2,000 dwellings, nursery, medical centre, primary school, sports facilities, open space, retail, commercial and industrial uses and associated infrastructure.
• Advised in relation regeneration of town centres including acting for Swindon Council on their £33 million town regeneration scheme.
• Advised Scottish Widows Investment Property Partnership Trust on planning and highways agreements for the regeneration of over 150,000 sq feet of retail and public space in Sheffield’s main pedestrianised street, The Moor, in partnership with the Sheffield City Council.
• Advised a listed REIT on all aspects of the planning and CPO process as well as statutory agreements for three major retail-led mixed-use redevelopment projects in Leeds, Southampton, and Sheffield.
• Due diligence for housing and commercial sales and purchases – conducted due diligence for housebuilders and commercial developers in relation to sales and purchases, including sites located in areas of archaeological importance and large mixed-use, phased schemes.

The onus put upon companies to minimise pollution keeps rising. Our Environmental lawyers help clients to understand their liabilities and aid them in preventing and remedying any damage that may have occurred by advising on all areas including environmental liabilities insurance, regulation, compliance, and environmental permitting issues. 

• Acted on several high-profile, tall-building schemes in the Vauxhall Nine Elms Opportunity Area and the Southbank. The projects engaged complex issues arising in respect of Environmental Impact Assessment, including CIL, s.106 and judicial review.
• Advised Wheelabrator Technologies on DCOs for two new energy-from-waste power generating stations with a combined capacity of 112MW in Kent.
• Legal audits of planning application/EIA – reviewed planning applications and environmental statements for housebuilders and developers, including in relation to conjoined developments and developments in the greenbelt.
• Advised on a range of data centres focussing on planning and environmental policies, highways matters, protected species, and utility/grid connections.
• Advised an airport developer on planning and environmental matters, as well as the Development Consent Order and Airports National Policy Statement processes relating to its innovative proposals at Heathrow.

Always ensuring the best possible outcome for clients, we combine expertise in dispute resolution with other techniques including ADR and mediation. Whether the claim in question relates to environmental nuisance, environmental damage, environmental warranties and indemnities or a wide-range of other potential areas of dispute, our team can be relied upon to provide accurate and effective advice. 

• Advised Greener Wind Energy Limited on a High Court challenge.
• Agricultural dwellings at planning appeal and litigation in the Planning Court: Upton Historic Parkland Conservation Group v SSCLG and Baldwin [2018].
• Advised Angus Energy plc in the Court of Appeal on a challenge to their consent for a test well at Balcombe.
• Advised Crest Nicholson and Hallam Land on a judicial review of the decision of the Atomic Weapons Establishment (AWE) to extend the emergency planning zone around the AWE establishment at Burghfield. This was a complex and highly sensitive challenge with multiple parties.
• Advised the London Borough of Hillingdon on the HS2 Safeguarding Directives including a judicial review to them which went to the Court of Appeal.
• Advised Heathrow Hub in the Supreme Court on the legal challenge to HS2.

Environmental, Health and Safety (EHS) is crucial to any business. Failure to comply with the necessary requirements carry increase financial and reputational risks. Our team have expertise in advising on compliance and dealing with the evaluation and negotiation of EHS issues, regulatory matters, challenges, and rulemaking proceedings. They also defend clients and their interests in complex litigation and enforcement action.

• Advised National Grid Ventures on planning, compulsory purchase, marine licensing and environmental matters for: the 650km Viking Link Interconnector project linking the national grids of Denmark and the UK via 1400MW HVDC subsea cables; the 700km NSN Interconnector project linking the national grids of Norway and the UK via 1400MW subsea cables.
• Advised Network Rail on a Transport and Works Act Order for the diversion of a section of railway tunnel running through a quarry in Derbyshire, to allow continued working of the quarry. The diversion also involved the negotiation of safe system of work and asset protection arrangements to safeguard the new alignment of the tunnel and minimise disruption to quarrying activities during construction.
• Helped clients engage with new regulatory frameworks and dealt with the legal implications of changes in corporate strategies and business models.
• Advised a landed estate client on EIA issues associated with proposals for a new milking and dairy parlour in Somerset.
• Advised a national listed developer on EIA issues associated with a new tall building residential development in South London.
• Advised the London Borough of Hillingdon on the HS2 Safeguarding Directives including a judicial review to them which went to the Court of Appeal.
• Advised Angus Energy plc in the Court of Appeal on a challenge to their consent for a test well at Balcombe.

Our team of environmental experts are perfectly positioned to advise clients on the niche and complex area of nature conservation. We understand the importance that this area plays in relation to many of our clients’ projects and therefore the need to advise on all restrictions and regulations that must be considered which often also involves the negotiating of management schemes and engaging with regulators.

• Advised on solar energy projects, focussing on deliverability and grid connections as well as battery storage. This has included advice on Best and Most Versatile Land, National Planning Polices and Guidance (including Green Belt, National Landscapes (AONBs) and heritage assets), Strategic Environmental Assessment, Environmental Impact Assessment, as well as the Conservation of Habitats and Species Regulations.

Our lawyers understand and sympathise with the nuisance that noise can cause and the considerable tension that it can bring between businesses, authorities, groups and individuals in local communities. We offer discreet and tailored advice to our clients in relation to handling possible statutory nuisance proceedings. 

• Acted in the re-development of shooting grounds: R (on the application of Flint) v South Gloucestershire Council [2016] EWHC 2180 (Admin).
• Acted in the matter of a dog kennels in the Green Belt (Richardson and Billington v Fylde District Council) [2017].

Effective handling of investigations or prosecution by the Environment Agency is paramount for the efficient running and maintenance of a good reputation for pollution causing businesses. Throughout what can be a stressful process, we will be on hand to offer comprehensive support and advice. 

• Advised on solar energy projects, focussing on deliverability and grid connections as well as battery storage. This has included advice on Best and Most Versatile Land, National Planning Polices and Guidance (including Green Belt, National Landscapes (AONBs) and heritage assets), Strategic Environmental Assessment, Environmental Impact Assessment, as well as the Conservation of Habitats and Species Regulations.
• Advised Wheelabrator Technologies on DCOs for two new energy-from-waste power generating stations with a combined capacity of 112MW in Kent.

Our team of experts understand the importance of recent legislation that has meant that environmental concerns and liabilities have become a key aspect to be considered when dealing with real estate transactions, company reorganisations, and M&A deals. Our Planning & Environmental team has experience in carrying out the extensive due diligence necessary, alongside advising on all other issues including land contamination, regulation, and insurance policies. 

• Advised an effected landowner on all matters relating to the acquisition of their property by National Highways for the M25 Junction 28 improvement works including making a series of application for certificates of appropriate alternative development.
• Advised a build to rent developer on their first shared ownership portfolio acquisition including complex advice around affordable recycling obligations and negotiating deeds of variations to section 106 agreements to vary the affordable provisions to ensure the purchaser could comply with the s106 obligations.
• Advised on the acquisition and consenting process for numerous bespoke build to rent developers and operators – including a groundbreaking gateway into city a mixed-use scheme that incorporated build to rent homes and new grade A offices and also an innovative build to rent scheme in Hackney with affordable workspace, retail units and rooftop running track – with the scheme requiring approval by the Mayor of London.
• Advised on numerous sales and purchases of care homes, assisted living developments and extra care housing.
• Advised in relation to the sale and purchase of numerous student accommodation developments, including over a period of ten years for a student accommodation provider with 12 sites.

Our environmental lawyers understand the mounting pressures on clients to minimise landfill and pollution, waste management, and waste management activities. We regularly guide our clients through the plethora of legal requirements in this area, including hazardous and nuclear waste, recycling and energy from waste products, environmental issues, new offtakes markets, regulation and compliance, and real estate issues.

• Advised Biffa Waste Services Ltd on the successfully resistance (at public inquiry) of the revocation of a stopping up order across its Roxby landfill site.
• Advised Wheelabrator Technologies on DCOs for two new energy-from-waste power generating stations with a combined capacity of 112MW in Kent.
• Advised a waste operator on the promotion of a Transport and Works Act Order in relation to its energy from a waste facility and rail sidings.
• Advised on the acquisition and funding of offshore wind projects including grid connections/substations, energy-from-waste projects, as well as solar, biomass, and anaerobic digestion projects.

Our environmental lawyers understand the water and sewerage considerations and how the highly-regulated and sometimes difficult to navigate discharge regulations can pose various problems for business, including issues that have criminal consequences and strict liability. We advise clients on prevention methods in order to safeguard their reputation including the need for permits and the registration of exemptions.

• Acted for Notting Hill Genesis and successfully defended an enforcement notice in respect of critical water infrastructure which, if required to be removed, would have disrupted the service of water to a south London estate which was home to more than 1,000 people.
• Advised the owner of a luxury Golf & Country Club resort in respect of its negotiations relating to a Water Industry Act agreement for works to construct a new public sewer across its land.