Richard was called to the Bar in 1997 and has since garnered an impressive reputation, particularly in environmental law, planning law and related public law areas. He regularly appears at public inquiries and in both the civil and criminal courts. His practice also encompasses: Administrative law; Health and Safety; Highways, Footpaths and Rights of Way; Local Government and Rating; Compulsory Purchase and Compensation; Utilities and Energy.
The outstanding quality of Richard’s work is regularly acknowledged in the principal legal directories:
"always a pleasure to work with"
Chambers and Partners 2012
"excellent client skills"
Chambers and Partners 2012
"well respected for his contentious planning abilities"
Chambers and Partners 2012
"…engages with solicitors and clients in such a manner that they feel they're getting an extremely special service"
Chambers and Partners 2011
"…both approachable and extremely capable. In cross-examination, he is able to find the killer punch but also knows when to let an issue be"
Legal 500, 2011
"commercially astute and a pleasure to work with"
Chambers and Partners 2010
"…possesses all the competence and commercial know-how that clients require from a commercial barrister"
Chambers and Partners 2008
"…extremely bright...[possessing] the focus and dedication to carve a great name for himself."
Chambers and Partners 2006
Richard is General Editor of Sweet & Maxwell’s Encyclopedia of Environmental Law, Co-Author of Butterworth’s Highways Law and Practice and Contributor to Tolley’s Environmental Impact Assessment – Law and Practice. He regularly presents papers on topics within his areas of specialisation.
Notable Cases
London Borough of Waltham Forest v (1) Secretary of State for Communities and Local Government (2) Mr Lusha CO/10696/2011
Judicial review of Secretary of State’s Guidance re Permitted Development Rights
Sea and Land Power Energy Ltd v Secretary of State for Communities and Local Government CO/13120/2010
Statutory appeal under section 288 of the Town and Country Planning Act 1990 against decision of a planning inspector refusing permission for a 10 MW wind-farm on land in Hemsby in Norfolk.
Environment Agency v (1) Commercial Recycling Limited (2) Greenway Ireland Ltd
Defence of a waste disposal and recycling company in Crown Court criminal proceedings, brought by the Environment Agency, which include allegations under the Transfrontier Shipment of Waste Regulations 2007, Environmental Permitting Regulations 2007 & 2010, and Hazardous Waste Regulations 2005.
R (oao Louis Olivier Bancoult) v The Secretary of State for Foreign and Commonwealth Affairs CO/8288/2010
Judicial review of the decision of Secretary of State for Foreign and Commonwealth Affairs to designate a marine protected area around the Chagos Archipelago.
Rooney v Secretary of State for Communities & Local Government [2010] EWHC 3327 (Admin), [2011] EWHC Civ 1556, UKSC 2012/0036
Statutory appeal under section 288 of the Town and Country Planning Act 1990 considering whether the principles established in Manchester City Council v Pinnock [2010] UKSC 45 applies to statutory challenges in planning cases.
R (Walker) v Secretary of State for Energy and Climate Change (2011)
Judicial review of the decision of the Secretary of State for Energy and Climate to justify the use of the EDF’s EPR and Westinghouse’s AP-1000 nuclear reactor designs.
R (Hillingdon LBC & Ors.) (Claimants) v Secretary of State for Transport (Defendant) & Transport for London (Interested Party) [2010] EWHC 626 (Admin)
Judicial review challenge to the Secretary of State for Transport’s support for a third runway at Heathrow airport.
Francis Roy Morgan (2) Catherine Margaret Baker (Appellants) v Hinton Organics (Wessex) LTD (Respondent) & CAJE (Intervenor) [2009] EWCA Civ 107
Consideration of the Aarhus Convention principle that costs in environmental proceedings should not be "prohibitively expensive".
(1) Azzopardi (2) Express Homes v London Development Agency [2009] UKUT 110 (LC)
Lands Tribunal Compensation claim under s5 of Land Compensation Act 1961
Choudhry v (1) Secretary of State for Communities & Local Government (2) Harrow London Borough Council [2009] EWHC 1179 (Admin)
Statutory appeal under section 288 of the Town and Country Planning Act 1990 re adequacy of reasons for a refusal of planning permission.
R (Surrey CC) v Secretary of State for Local Government & Dennis Read [2008] EWHC 2747 (Admin)
Statutory appeal under section 288 of the Town and Country Planning Act 1990 re Green Belt policy.
(1) Jonathan Sumption (2) Teresa Sumption v Greenwich LBC & Christopher Rokos (QBD) [2007] EWHC 2776 (Admin)
Judicial review of the grant (under section 192 of the Town and Country Planning Act 1990) of a certificate of lawfulness re erection of a boundary wall in the curtilage of a listed building.
John Sole v (1) Secretary of State for Trade & Industry (2) London Development Agency (QBD) [2007] 1527 (Admin)
Challenge brought under s23 of Acquisition of Land Act 1981 re the lawfulness of the London Olympics CPO.
O'Reilly v First Secretary of State & Anor [2005] EWHC 1286 (Admin)
Statutory appeal under section 288 of the Town and Country Planning Act 1990 re fairness and reasoning of a refusal to grant a certificate of lawfulness.
National Anti-Vivisection Society v First Secretary of State (QBD) [2004] EWHC 2074 (Admin)
Statutory appeal under section 288 of the Town and Country Planning Act 1990 against the First Secretary of State's grant of permission for a non-human primate experimentation facility in Cambridge on grounds of predetermination, bias and perversity.
Carpenter v Pembrokeshire County Council [2004] EWCA Civ 226
Claim re a Highways Stopping Up Order and Traffic Regulation Order
Memberships:
Planning and Environment Bar Association (PEBA)
Administrative Law Bar Association (ALBA)
The UK Environmental Law Association
Appointments:
The Attorney General's B Panel of Counsel to the Crown: 2009
Trained and Accredited Mediator
Brighton University Visiting Lecturer (MSc Environmental Law)
United Kingdom Environmental Law Association Council Member
Former Judicial Assistant to the Court of Appeal