Jonathan Powell (1984) LLB & LLM (King's, London), FRGS, LARTPI

Summary

Barrister of the Inner Temple and the Northern Circuit. Local government practice specialising in planning, environment law and property development. Member of the Planning & Environment Bar Association, Administrative Law Bar Association, Ecclesiastical Law Society, Agricultural Law Association, Built Environment Working Group of the UK Environmental Law Association and Environmental Law Foundation's referral panel. Author of practice guides on Judicial Review, Enforcement, Prosecution, Injunctions, Planning Agreements and Human Rights and Expert Witness Training. Contributing case editor to the Journal of Planning & Environment Law. Qualified to Accept Public Access Instructions

Experience

All areas of planning, compensation environmental law and local government work. Recent work includes:

Inquiries

Green Belt, both opposing and promoting development. Extensive experience of over 20 "Called-in" applications. Retail, out of centre food and non-food retail warehousing, town centre and inappropriate uses. Housing esp. PPGs 3 &13 compliance. Conservation areas, design and tree issues. Development Plans - promoting plans for authorities, e.g. for South Norfolk Council (October 1998 - May 1999), North Wiltshire DC (June – September 2005) and for objectors - largely house-builders' objection sites. Enforcement and long use. Highways. Compulsory Purchase, Certificates of Appropriate Alternative Development. Lands Tribunal business.

Planning Agreements

All aspects of development agreements. Work on numerous large proposals entailing property disposal and planning gain exceeding £70M. Reclaiming derelict land, enforcement related phasing arrangements, amending deeds, open space, establishing trusts, social housing, nomination agreements. Highways agreements, new roads and traffic calming, bonding. Crown land.

Planning Enforcement

Usual areas, inappropriate agricultural diversification, caravans, scrapping, advertisements. Extensive experience of tipping and aggregate reprocessing, major enforcement schemes including call-in. Mineral extraction and backfilling.

Large prosecution cases. Extensive advisory work on evidence. Long unauthorised use of land and issue of certificates of lawfulness.

Outdoor Advertising

see RB Kensington & Chelsea v. Harvey Nichols, Megaprofile & Versace [2002] JPL 175 CA, Westminster CC v. H&M Hennes [2002].

Injunctions

High Court and County Court, cases include Green Belt, tipping, storage and operations - see LB Hillingdon v Guinea Enterprises Ltd. (1998) 76 P & CR 338. Extensive advisory work on tactics and procedure.

Noise

Industrial noise and BS 4142, aircraft and traffic noise and statutory nuisance. Noise generated by superstore Sunday trading. Experience in planning agreements, inquiries and High Court.

Waste

Reclamation of land, creation of 200 acre parkland site. Waste transfer, special waste, incineration, pollution of groundwater.

High Court

Administrative Court - challenging decision letters, acting for first and second defendants, judicial review using reformed procedures see R oao Sammakia &Others v. RB Kensington & Chelsea. [2001] EWHC Admin 2533.

Full advisory service in writing and by telephone on all aspects of planning and environment law - for example the need for planning permission and other authorisations, authorities' powers, environmental impact assessment and human rights.