Regulatory, Public & Administrative
Planning, Minerals & Waste
Somerset County Council v Eclipse – August 2019
Acting for SCC as the Waste Planning Authority for Somerset. Question of the issuing of an Enforcement Notice as it appeared there had been a breach of planning control and that it was expedient to issue the notice. Challenged by the users of the site that the use was permitted and therefore issued in error. Appeal subsequently withdrawn.
Bournemouth, Dorset & Poole Mineral Sites Plan – November 2018
Application to include two omitted sites from the Mineral Extraction Plan. Major public opposition to the inclusion of the two sites. Argued effect on both AONB and conservation areas as well as protected species. Sites successfully included in final Plan.
Planning Inquiry – Section 78 Appeal, Newton Road, 2018
Gladman Developments v Sedgemoor District Council
This was an Appeal brought by Gladman Developments Ltd (App) is against the refusal by Sedgemoor District Council (SDC) of a planning application (37/17/00052) for outline permission (with all matters to be reserved with the exception of access) but of the four reasons for refusal that were given, three of the reasons for refusal (archaeology, flooding and highway safety) had been subsequently resolved by the submission of further evidence, conditions and certain undertakings from the App. Therefore before the Inspector the LPA relied upon the single remaining reason for refusal, namely that the proposal conflicted with the Development Plan (DP) policies. It was agreed that the Public Inquiry was primarily an issue of principle. The main issue being whether the application fails to satisfy the policies under the Core Strategy (CS), the LPA stated that it did not, and whether those policies can be held to be up-to-date, or not. Further if the policies were out of date whether the planning balance then tilted as per paragraph 14 of the NPPF in favour of grant.
Acted for LPA, Mr Easton (Counsel for Gladmans). Held: Appeal refused. (Judicial Review – pending)
Planning Hearing – Section 78 Appeal (2017)
PINs Ref: APP/G300/W/17/3178114
Hopkins Developments V Somerset County Council
Public Inquiry into whether appropriate to use landfill to level agricultural land to improve efficiency. Consideration of the use of waste hierarchy in the Local Plan. The effect on the local highway network, living conditions of nearby residents and biodiversity.
Acted for Somerset County Council Appellant Mr M Kendrick, Grass Roots Planning). Decision – Appeal dismissed.
Planning Inquiry – Section 78 Appeal, Shudrick Lane, 2017
Planning Inspectorate Ref: APP/R3325/W/16/3152932
C G Fry & Son & Dillington Estate V South Somerset District Council
(Save Shudrick Valley – Rule 6 Party)
Application for 220 dwellings refused by the LPA. Main issues for the Rule 6 representations:
(a) That the development was contrary to policy;
(b) The adverse impact on landscape and visual amenity;
(c) The adverse impact on heritage assets;
(d) Highway issues including the impact on the wider network;
(Neil Cameron Q.C. Instructed by Turleys, for the Appellants).
(Felicity Thomas Counsel for South Somerset District Council)
Acted for the Rule 6 Party. Appeal dismissed.
Professor England v (1) Secretary of State f or Communities and Local Government, (2) Melton Borough Council, (3) THORPE Say NO (2016) (Unreported).
High Court. High Court challenge to Secretary of State’s called in decision to refuse a wind turbine. Acting at first instance and in the High Court for the Appellant. Defendants conceded appeal. New appeal instigated, called in by Secretary of State; turbine now permitted. Decision – Appeal allowed. Opponent – Treasury Solicitors.
Highways & Rights of Way
Numerous Cases involving Experimental Traffic Orders and Traffic Orders in response to the Covid 19 pandemic.
Several cases in Devon, Wiltshire, Somerset and London , where Local Authorities have exercised powers under the Covid 19 Regulations to prevent or restrict access to highways. Currently one pending, one removed and 12 the subject of High Court challenges.
National Major Infrastructure Inquiry – A303 Sparkford to Ilchester Dualling Scheme
Instructed on behalf of Somerset County Council to ensure that the Counties interests were upheld by the Secretary of State in the recommendations. Successfully represented the County and all relevant issues were included in the Joint Inspectors report to the Secretary of State. The Applicant was Highways England, other main parties included District Authorities and National Agencies. The Examining Authority issued a Recommendation Report to the Secretary of State on 12 September 2019. The Secretary of State has set a new deadline for the decision for this application which is 20 November 2020.
The Padstow Harbour Commissioners v. Llyr Faragher 11th September 2019
In the Bodmin Magistrates Court. Acting on behalf of the Harbour Commisioners. Prosecution of Mr Faragher for using a jet ski within the harbour without authority. Issues raised involved all the evidence, identification, use, hearsy and whether the Bye Laws were in force. Prosecution successful.
Mid Devon District Council v Culm Vale Gun Club June 2019
Represented Mid Devon District Council in a sensitive noise abatement case. Issues included the nature and extent of the noise and whether the effect was significant. Difficultiesd arose due to the historical use of the site and the considerable support for the use. Successfully achieved the correct outcome by negotiated consent.
Exeter Magistrates Court (2018)
Dogs Day Out V East Devon District Council
Appeal against the imposition of condition upon a Local Authority Licence. Acting for the Respondent Local Authourity (Mr Mark Shell, solicitor, for the Appellant). Appeal dismissed on all grounds.
Property & Chancery
Along with his extensive planning experience Gavin has appeared in numerous cases involving rights on or over, or involving land.
Recent Notable Cases
Roebuck v Cornwall Council 2011-12-16
Parker v Palmer 2010
In the First Tier Tribunal Property Chamber (Ref/2017/0240)
John Sloman & Helen Sloman
Sally Goodall & Christine Welch
The Applicants claimed an easement over the land under the doctrine of lost modern grant or by prescription. The Respondents claimed that the use of the access was with permission; was infrequent and interrupted and thus no easement has been obtained.
Acting for Respondents (Mr Auld, Counsel for Claimants). Claim withdrawn.
In the First Tier Tribunal Property Chamber (Ref/2017/0240)
Christopher Woodward & Robert Voce (Trustees for the Hopton Court Estate)
Jennifer Perry & Hillocks Development Ltd
Applicant sought to register an easement across neighbouring land. Respondents denied the right.
Acting for Applicants, (David Nuttall, Counsel for Respondents), Easement registered.
- Williams -v- Devon CC – Court of Appeal (Civil Division), 19 April 2016  EWCA Civ 419
- Ecotricity (Next Generation) Ltd -v- Secretary of State for Communities and Local Government – Court of Appeal (Civil Division), 28 April 2015 [2015 EWCA Civ 657
- Williams -v- Devon CC – Queen’s Bench Division (Administrative Court), 6 March 2015 [2015 EWHC 568 (Admin)
- Belcher -v- Dartmoor National Park Authority – Planning Inspector, 11 July 2014  P.A.D. 41
- North Lincolnshire CC -v- Act Fast North Lincolnshire (CIC) – Queen’s Bench Division (Administrative Court), 4 September 2013  EWHC 2890 (Admin)
- Baker -v- South Downs National Park Authority – Planning Inspector, 10 October 2012  P.A.D. 3
- Coronation Power Ltd -v- Cornwall Council – Planning Inspector, 10 October 2012  P.A.D. 46
- East Devon District Council -v- Farr  EWHC 115 (Admin)
- New Forest District Council -v- Shutler & others  EWHC 3122 (Admin)
- Mrs K Curtis v (1) The First Secretary of State for Communities and Local Government (2) The North Somerset Council  EWHC 839
- Chester v Carrick D.C.  P.A.D. 16
Other Major Cases
Brent Knoll Wind Farm. August 2007
Proposed wind farm (5 turbine site) by Ecotricity adjacent to Brent Knoll in Somerset. High local profile, issues over lack of sustainable energy within district/County.
Appeal dismissed. First case where the impact of the turbines on visual amenity outweighed the need for renewable energy within an LPA.
Fingle Glen Gap Closure A30. September/October 2008
Major local issue inquiry called in by two Secretaries of State. Acted pro bono for protesters. Major negative outcome of closure allegedly offset by safety benefits. Major dispute on the accuracy of the Highway Agencies figures. Closure order not confirmed. Junction now fully reopened.
2:1 LL.B.(Hons) (Law and Social Sciences) – Sussex University
- Planning and Environment Bar Association
- National Association for Planning Enforcement
Interests include: Game Shooting, gourmet food (eating it and cooking it), watching Arsenal and avoiding all forms of exercise
Click here to return to the Barrister page