Christopher Young QC Planning & Environment
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1 Christopher Young QC Planning & Environment Year of Call: 1997 Clerks Senior Practice Manager Andrew Bisbey Chief Executive & Director of Clerking Tony McDaid Contact a Clerk Tel: +44 (0) Fax: +44 (0) planning@no5.com Chris acts for many of the UK s leading developers and house builders, with an enviable track record at appeal. He acts on some of largest development proposals in the UK, including several new settlements such as both the Rudgate and Cattal proposals in Yorkshire, and Sibson Garden Village in Huntingdonshire. He also acts on major uban extensions such as the 5,000 dwelling development at Sherford in Plymouth. The majority of his appeal work involves cases recovered by the Secretary of State. He advises Tesco Stores on a national basis, as well as investment funds such as Rockspring, and major landowners such as Tarmac and the University of Reading. In the 2017 Planning survey of 300 leading planning solicitors & consultants he was rated, - 1 st nationally for residential work amongst all barristers, including QCs; - 1 st nationally amongst all junior barristers in the field of town and country planning - 5 th nationally for development plan examination work amongst all barristers, including QCs; and - the only junior to be listed in the top rankings. He is described in the rankings as "the leading junior barrister for housebuilders and strategic land promoters, both at inquiry and increasingly in court" and is praised for his aptitude for taking on "complex planning issues". What the Legal Directories Say: "Very personable and very helpful. He has a very nice style and an amazing ability to read great swathes of documents. He can relate to everybody in the room and build a good rapport to get them on side." "A go-to barrister for house builders and promoters of large residential development proposals outside of London. He's built up an unparalleled bank of knowledge of appellate decisions, which he shares widely." - Chambers UK (2018). He works tirelessly for his clients interests. - Legal 500 (2017) He is confident, has excellent technical knowledge and sheer force. He s a guy with a lot of charisma: he makes you sit up and listen. Chambers UK (2016) His knowledge of planning law is encyclopaedic, and he is the goto junior for housing matters. Legal 500 (2016)
2 Widely acclaimed as a leading planning junior, with an impressive reputation for precision and strategic thinking in both advice and advocacy. Chambers UK (2015) He regularly appears in the Higher Courts including acting for the successful developer in the Supreme Court in Cheshire East v Richborough Estates. He regularly appears in the Court of Appeal on housing matters. He also acts for 25 housebuilders and develpers in their legal challenge to the Written Ministerial Statement on Neighbourhod Plans (requiring only a three year supply of housing land). He has advised on bringing successful challenges in the High Court to major housing schemes have been refused planning permission by the Secretary of State. Three recent decisions on major housing schemes have involved Ministers consenting to judgment before the matter gets to Court. He has also successfully defended planning permissions won on appeal against challenges by local authorities, such as in West Berkshire v SSCLG and HDD. He acted for the Claimant in the first successful challenge to a Neighbourhood Plan decision issued by the Secretary of State and advises extensively on neighbourhood planning issues. He also acted for the successful Claimant in Verdin v SSCLG in quashing the Secretary of State s decision to refuse planning permission in a neighbourhood plan area. Many of these decisions have gone on to have planning permission granted when redetermined by the Secretary of State. Chris presently acts for most of the major house builders, including David Wilson Homes, Barratt, Taylor Wimpey, Bellway, Bovis, Bloors, Linden, Redrow, Charles Church and Persimmon, and many of the major national developers, including, Hallam Land, Gleeson Strategic, Richborough Estates, Heron, Welbeck, Catesby and St Modwen. He also acts for smaller regional house builders including Martin Grant Homes, William Davis, Larkfleet and Croudace and regional development companies such as Summerfield, Henry Davidson, SWSD, Waddeton Park and Rosconn. He also acts for charities, small builders and individuals, including farmers on agricultural matters. He also acts on a pro bono basis, such as the forthcoming appeal into an Amadiyya Mosque in Cardiff. Chris has been involved in numerous Local Plan examinations including acting for St Modwen in the East Riding Local Plan, Richborough Estates at the Birmingham Local Plan, and Radley College at the Vale of the White Horse Plan. He also acted for the three South Worcestershire authorities in respect of the Part 2 EIP hearings on their recently adopted Joint Local Plan, and for Redditch BC and Bromsgrove DC in respect of Part 2 of the Joint EIP hearings into their recently adopted local plans. Chris is a member of the Planning and Environmental Bar Association (PEBA), the Compulsory Purchase Association (CPA) and National Infrastructure Planning Association (NIPA). He lectures throughout the UK at RTPI, housing and in-house events on a variety of topics including planning legislation, neighbourhood planning, housing numbers, financial viability, retail and housing planning policy. SUPREME COURT, COURT OF APPEAL AND HIGH COURT WORK Richborough Estates v Cheshire East BC & SSCLG [2016] Supreme Court - acted for the success developer on seeking permission to appeal from Lang J and on the successful appeal to the Court of Appeal in the joint seminal case on the implications of LPAs not having a five year supply of housing land and the tilted balance.
3 David Lock Delivery v Lewes DC and Newick PC [2017] Court of Appeal (Lewison and Lindblom LLJ) - challenge to the making of a Neighbourhood Plan: challenge to the legitimacy of a NDP proceeding ahead of an up-to-date Local Plan and the selection of NDP examiners by the NDP Steering Group; the Habitats Directive and SEA Directive: successful in convincing the Court of two errors of law, but the Court exercised its discretion not to quash: St Modwen v SSCLG and East Riding Council [2017] Court of Appeal - acting for St Modwen in challenging a decision of the Secretary of State refusing permission for 500 new homes on employment land: the case concerned the interpretation of NPPF paragraph 47 and the phrase specific deliverable sites : Kebbell Development Ltd v Leeds City Council [2017] Court of Appeal acting for Kebbell in their challenge to the rejection by the LPA of the recommendations of a Neighbourhood Development Plan: the case concerns the ability of an LPA to modify a NDP contrary to the recommendation of the examiner: permission to appeal granted by Lindblom LJ listed for 30 November 2017 DLA Delivery v Cumberledge [2017] Court of Appeal acting for DLA defending a planning permission for 50 dwellings at Newick in East Sussex from a challenge by a local resident and Conservative peer. The case concerns the Secretary of State s failure to refer to an earlier decision in the same District. Permission to appeal to the Court of Appeal granted by John Howell QC: listed for 27/28 February 2018 Richborough Estates and 24 others v SSCLG [2017] acted for a consortium of 25 housebuilders and land promoters seeking Judicial Review of the 12 December 2016 Written Ministerial Statement (WMS) by the Planning Minister (Gavin Barwell MP). The WMS seeks to remove the requirement for a continuous five-year supply of housing land in neighbourhood plan areas. It was issued without consultation contrary to the expectation of consultation on such matters built up over 30 years: judgment of Dove J awaited. Verdin v SSCLG and Cheshire West [2017] Robin Purchas QC acting successfully for James Verdon (Darnhall Estates) in challenging the refusal by the Secretary of State of planning permission for 180 new homes including affordable homes, self-build homes and homes built by small and medium sized local builders in Winsford, Cheshire Persimmon v Newcastle SSCLG & Bellway [2017] Dove J: acting successfully for Bellway against Persimmon s challenge to both Bellway s permission for 600 dwellings west of Newcastle and the Council masterplan for the area. Eastleigh BC v SSCLG and Miller Homes, Gleeson and Welbeck [2017] (Gilbart J) acting successfully for the Miller, Gleeson and Welbeck in defending a planning permission for 660 dwellings at Hedge End in Hampshire from a challenge by the local planning authority which failed to secure permission to bring the challenge. West Berkshire DC v SSCLG & HDD [2016] High Court: (Supperstone J) acted successfully for HDD in defending a permission granted on appeal for residential development; the rejection of a housing requirement in an adopted Core Strategy and the use of a consultant-derived figure for the annual objectively assessed housing need: NPPF paragraphs 47 and 14 Allaston Developments v SSCLG and Forest of Dean DC [2016] - High Court - challenge to the refusal of permission for 200 new homes
4 including affordable homes, a care home, self-build homes and homes built by small local builders based on a draft NDP: Secretary of State consented to Judgment; appeal allowd on redetermination EXAMPLES OF HOUSING WORK IN THE LAST 2 YEARS: 2017 Taylor Wimpey, Linden and Bovis advising the companies on their scheme for 5,500 homes at Sherford, Plymouth South Worcestershire Authorities advising the three LPAs on major housing proposals for 2500 homes south of Worcester: viability Rockspring Hanover representing the company at appeal for 900 houses on a brownfield site at Thorpe Arch near Boston Spa in Yorkshire Bloors and Barratt advising the companies in respect of a proposal for 700 homes proposal at Wrexham in Wales Oakgate advising on a 3,000 home new village at Cattal in North Yorkshire Sibson Garden Village advising on a new garden village of 2,500 homes in Huntingdoneshire Ptarmigan advising on major mixed use proposals at the Harwell Research Science Park, Oxfordshire Bloor Homes advising on appeal for 900 homes at North Worcestershire Golf Club in Birmingham Mowden Paerk Limited acting at appeal on a proposal for an urban extension of 350 homes at Binfield in Berkshire: five years supply, landscape and highway issues Hallam Land Management winning an appeal 160 houses and 90 bed care home at Burford in the Cotswold: OAN, 5YS, landscape and sustainability in issue; and at the West Oxfordshire EIP, in opposition to the Council s draft Local Plan, which has now been suspended. Allaston Developments winning an appeal for 200 homes determined by the Secretary of State in the Forest of Dean despite being contrary to the Neighbourhood Plan SWDP winning an appeal 150 houses on the edge of Weston Super Mare; 5YS, landscape and sustainability in issue; Catesby representing the company at appeals for 70 houses at Wilstead in Bedfordshire 2016 Miller Homes, Gleeson and Wellbeck winning an appeal before the Secretary of State appeal for a 660 house urban extension in Hampshire: OAN, 5YS, sustainability, highways and landscape in issue Miller Homes winning an appeal for 200 new homes at Bidford on Avon: OAN, 5YS, affordable housing, NDP, prematurity and sustainability in issue. Persimmon and Taylor Wimpey winning an appeal for a 200 house urban extension to Wells in Somerset: OAN, 5YS, NDP and sustainability in issue Richborough Estates winning an appeal for 140 new houses in Ludlow, Shropshire: issues including OAN, 5YS, heritage and landscape DLA Delivery winning an appeal before the Secretary of State for 50 houses at Newick in East Sussex: on a site not allocated in the neighbourhood development plan Bellway Homes successfully advising the company on securing planning permission for a major urban extension for 600 new homes on the edge of Newcastle-upon-Tyne: infrastructure delivery in issue South Deryshire College winning an appeal before the Secretary of State for 100 houses in Rolleston on Dove: neighbourhood plan and landscape issues Radley College - advising on an applications and appearing at the Local Plan EIP for 200 homes in the Oxfordshire Green Belt
5 RETAIL WORK Junction 15 (M40) advising on application for a new mortorway service station in Oxfordshire Hackling advising on proposal for supermarket proposal in the Cotswolds Tesco Stores Ltd winning an appeal for a supermarket in Stourport, Worcestershire Lidl Ltd advising the company on proposals in Yorkshire and the South East Tesco Stores Ltd winning an appeal for a supermarket proposal in Coleford, Gloucestershire Tesco Stores Ltd winning an appeal for a supermarket proposal in Halifax, Yorkshire where the Council withdrew their evidence the day before the inquiry Tesco Stores Ltd winning an appeal for a supermarket in Reading with objections on noise and highway grounds Greatline Ltd/ Tesco instructed in respect of 80,000 sqft out of centre foodstore in Corby and advising on successful approach to avoiding a JR challenge by Land Securities Tesco Extra Superstore winning an appeal for a 11,000 sqm superstore in Caerphilly, (plus a partial award of costs) EMPLOYMENT, EDUCATION, SPORT AND LEISURE North Warwickshire BC representing the LPA at an appeal for a rail freight facility and employment development at Daw Mill Forest Holidays - advising on the company s successful application for a new holiday resort in the forests at Micheldever in Hampshire Edgbaston Cricket Club Redevelopment - representing BCC and WCCC in CPO proceedings Solihull Rugby Club Redevelopment - represented the LPA (Solihull MBC) at appeal: appellant withdrew and substantial costs awarded to the LPA Mendip Hills winning an appeal for large Olympic rifle and pistol shooting ranges in the open countryside Edgbaston Cricket Club Redevelopment - representing WCCC in JR proceedings relating to the new stand required in time for the Ashes COMPULSORY PURCHASE WORK: Birmingham City Council winning a Housing Act CPO regeneration proposals in North Newtown Birmingham City Council winning an Education Act CPO in Newtown Coventry City Council winning a Planning CPO in Far Gosford Staffordshire University & Stoke Sixth Form College winning an Education CPO at the University Stoke-on-Trent City Council and RENEW winning several major large scale clearance CPOs in the Pathfinder area, including under HHSRS system. DEGREES AND SCHOLARSHIPS BA (Hons) Double First 1994 Diploma in Law 1996 LLM (London) 1998 Queen Mother Scholarship 1996 Queen Mother/Fox Scholarship 1997 Monroe Debating Prize 1998 (All Middle Temple)
6 RECOMMENDATIONS He has been recommended in directories such as Chambers Directory and the Legal 500 for the last 13 years. He has been in the top band (Band 1) for Junior Planning Counsel for the last 7 years: "Very personable and very helpful. He has a very nice style and an amazing ability to read great swathes of documents. He can relate to everybody in the room and build a good rapport to get them on side." "A go-to barrister for house builders and promoters of large residential development proposals outside of London. He's built up an unparalleled bank of knowledge of appellate decisions, which he shares widely." - Chambers UK He works tirelessly for his clients interests. - Legal "Works tirelessly at planning inquiries to cover all possible issues and is very strong on five-year housing land supply and viability issues." "He has a great client base and is very good on residential work, displaying an amazing attention to detail." Chambers UK 2017 His knowledge of planning law is encyclopaedic, and he is the go-to junior for housing matters. Legal Operates a practice centred entirely on work involving town and country planning, compulsory purchase, and highways law. He has an impressive record representing clients in appeals before the High Court, and is an accomplished advocate in inquiries. He typically acts for major private sector clients on large development projects. Chambers Directory 2016 Expertise: He is confident, has excellent technical knowledge and sheer force. He s a guy with a lot of charisma: he makes you sit up and listen. He is full of enthusiasm for his work and that brings an extra dimension to it. He clearly enjoys what he does, has a very good grasp of his cases and you can always rely on him to give it 100%. He can also be quite ruthless when necessary. Chambers Directory 2016 Widely acclaimed as a leading planning junior, with an impressive reputation for precision and strategic thinking in both advice and advocacy. He is especially well known for his residential-side expertise and his experience in compulsory purchase order (CPO) work. - Chambers Directory 2015 Expertise: His advice and input were invaluable, and he was clearly well researched. He knew every document and he was firm when he needed to be. Chris impressed me. That young man has a bright future. Chambers Directory 2015 Christopher Young has a strong reputation amongst the Midlands circuit s planning practitioners. He is particularly heavily involved in inquiries related to the residential sector. He is energetic, enthusiastic, he gets involved in things and he is very popular with clients Chambers Directory 2014 The very impressive Christopher Young is a compulsory purchase, highways and town and country planning specialist. - Chambers Directory 2013 According to feedback, Christopher Young shows great attention to detail, a thorough understanding of the issues and a real hunger for knowing the case inside and out. - Chambers Directory 2012
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8 Christopher Young is commended for his representation of giants in the retail sector in relation to planning and CPOs - Chambers Directory 2011
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