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Barrister - hashi mohamed

Senior Practice Manager
Andrew Bisbey

Practice Group Clerks
Craig Wain
Mitchell Nash
David Lewis

Chief Executive & Director of Clerking
Tony McDaid

Birmingham
Tel: +44 (0) 121 606 6195
Fax: +44 (0) 121 210 7311

London
Tel: +44 (0) 207 420 7568

[email protected]

Hashi Mohamed - Planning & Environment

Hashi Mohamed has been consistently listed as one of the highest rated planning barristers in England & Wales under the age of 35 in the Planning Magazine’s annual Planning Legal Survey..

Hashi appears on behalf of claimants and defendants and specialises in all aspects of planning and environment law. He has undertaken work on behalf of private clients, including housebuilders and major landowners, and local planning authorities across England and Wales.

His practice balances advisory, high court and planning appeal inquiry work. In particular, he has experience in the following areas;

Planning Law

  • Planning inquiries and hearings
  • Section 288 & 289 TCPA statutory appeals to the High Court
  • Rating cases
  • Highway matters
  • Enforcement matters including public inquiries, prosecutions of breach of enforcement notices and injunctions
  • Permitted Development rights and Certificates of Lawfulness
  • Community Infrastructure Levy (CIL)
  • Wind farms; ‘cumulative effect’ on landscape and material considerations
  • Green Belt matters – including NPPF and local policy related disputes
  • Gypsy/Traveller accommodation policy
  • Enforcement of Section 106 Agreements and similar litigation
  • Criminal prosecutions under the Environmental Protection Act 1990
  • Compulsory purchase appeals and compensation claims

Hashi regularly delivers seminars on all the above topic areas, to update and discuss the upcoming issues and challenges.

Environmental Law

  • Environmental Impact Assessments and Strategic Environmental Assessments
  • Aarhus Convention, and in particular in relation to Protective Costs Order
  • European Union Habitats/Birds Directive
  • Flooding
  • Statutory Nuisance
  • Public Nuisance
  • Town and Village Greens

Hashi has delivered regular seminars on the latest development in case law related to the above areas, and in particular EIA & SEA, Aarhus Convention and the Habitats Directive.

Recent work

  • APP/L3245/W/15/3011886: Land North of the A371 and West of Wells, Wells, Somerset, BA5 2GA – this was an important decision affecting the recently adopted Mendip District Local Plan, and whether it was up-to-date, in relation to (a) housing need and projected housing delivery, and in particular 5 year housing land supply. 
  • APP/L3245/W/15/3011886: Land East of Nobold Lane, Longden Road Shrewsbury – 4 day planning inquiry acting on behalf Shrewsbury Council, over the development for up to 125 dwellings. 
  • APP/N2535/A/14/2223170: Land off Church Lane, Saxilby, Lincolnshire LN1 2PE – 6 day planning inquiry acting on behalf of West Lindsey District Council over the development of 125 dwellings. Click here for coverage in the press.
  • APP/A0665/V/15/3013622: Land East of Clifton Drive, Chester. 4 day planning inquiry acting on behalf of Cheshire West and Chester Council over development of up to 142 dwellings. Click here for coverage in the press. 
  • APP/Q3305/A/13/2194751:  Farm, Piltown, West Pennard, Glastonbury, Somerset, BA6 8NQ – 4 day Planning Inquiry over development of two wind turbines.
  • Acting on behalf of the Lincolnshire County Council in a Section 78 TCPA inquiry appeal for the proposal of 9 turbine wind farm and ancillary development; Land at Orby Marsh, Lincolnshire. This recovered appeal was dismissed by the Secretary of State on 27 March 2015. Please click here to read the Decision Letter and the Inspector’s Report.
  • Defending Gedling Borough Council’s grant of permission to one of two proposals to build a crematorium in the borough. To read more about this appeal and decision please click here.
  • Advising private developers and major housebuilders on the strategic approach to making planning applications
  • Advising on the scope of planning permissions, how they should be construed and the approach to specific conditions (and in particular ‘true conditions precedent’)
  • Advising on the application of the Habitats Directive to a housing development near the Durham Coast Site of Special Scientific Interest and Special Area of Conservation Natura 2000 Site, and Special Protection Area
  • Acting in judicial review challenges to the grant or refusal of planning permission – in particular in relation to the interpretation and application of paragraphs 79-92 contained in the National Planning Policy Framework.
NOTABLE CASES

Bromley LBC v Secretary of State for Communities and Local Government [2016] EWHC 595 (Admin) – this the latest case interpreting para.89 of the Framework, which sets out the exceptions to the general policy that new buildings were inappropriate development in the green belt.

Fox Land & Property LTD v (1) Secretary of State for Communities & Local Government (2) Castle Point Borough Council [2015] EWCA Civ 298An important judgment which clarified how green belt policy ought to be interpreted when considering the relationship between the supporting text to a local planning policy and the policy itself. 

R(on the application of Holder) v Gedling Borough Council [2014] EWCA Civ 599 – what constitutes ‘material consideration’ in a case involving the erection of a wind turbine in the Green Belt. What advice should be given to Committee Members by officers as to the range of issues which could qualify as ‘material consideration’.

R (oao) Timmins/Lymn v Geldling BC [2014] EWHC 654 (Admin) - material change of use in the Green Belt and the interpretation of para 89 of the Framework

R (on the application of Holder) v Gedling Borough Council [2013] EWHC 1611 (Admin) - The High Court upheld Gedling Borough Council’s decision to grant planning permission for the erection of a wind turbine in the Green Belt. 

During pupillage, Hashi assisted in the following notable cases;

Sea & Land Power & Energy Ltd v Secretary of State for Communities and Local Government [2012] EWHC 1419, this was a statutory appeal concerned with the interpretation of regional policy in the context of Cala Homes case.

R (on the application of the Badger Trust) v Secretary of State for the Environment, Food and Rural Affairs [2012] EWHC 1904 (Admin), this case was concerned with the judicial review of the controversial licencing scheme for the culling of badgers.

QUALIFICATIONS                                                                               

2009-2010 - Bar Vocational Course, City University London

2008-2009 - MSc, St-Antony’s College, University of Oxford

2003-2007 - BA (Hons) Law and French, University of Hertfordshire

2005-2006 - Erasmus Scholar, Political History, Philosophy & French, Universite de Jean Monnet, St-Etienne

AWARDS                                                                                              

2011 - 3-month internship at the International Criminal Court: The Hague Award, Lincolns Inn

2008-2010 - Prince of Wales Scholar, Prince’s Charities

May 2010 - Lincoln’s Inn Open Mooting Competition champion, judged by Lord Walker of Gestingthorpe

2009 - The Carr and Stahl Fund for researchers, St-Antony’s College, Oxford

2013 - International Visitor Leadership Programme delegate (“IVLP”). Hashi was one of 8 individuals nominated as part of a Judicial Exchange programme with the United States, visiting Washington D.C., Denver, Colorado and Houston, Texas as part of a 10 day programme at the invitation of the U.S. State Department.

2014 - Pegasus Scholar, the Pegasus Trust – Hashi to spend eight-twelve weeks between Al-Tamimi & Co and the DIFC Courts in Dubai.

MEMBERSHIPS                                                                                   

The Honourable Society of Lincoln’s Inn

Administrative Law Bar Association

Planning and Environmental Bar Association

PUBLICATIONS                                                                                  

Somalia rises from the ashes, but what lies ahead for the country’s business prospects this year? Hashi Mohamed & Sally Azarmi, Lloyd’s List Magazine, 10 April 2013

BBC Work

Hashi regularly presents documentaries on BBC Radio 4, and provides commentary on varying topics in other BBC outlets, as well as other media outlets. The latest of which are,

Telling children ‘hard work gets you to the top’ is a lie – The Guardian

The ‘case for the wild card’ –  Prospect Magazine

Adventures in Social Mobility: BBC Radio 4

A Response to Terror, what we learn about a nation’s response to a terrorist event

The Boat Children, child migrants in search of a better life in Europe

A tale of two Alis, two stories of journey and expedition, two decades apart

The Migration Dilemma, what should Europe do during this unprecedented crisis?

LANGUAGES

Hashi is fluent in Somali and French and is currently studying Arabic.