Jeremy Cahill QC - Planning & Environment
Jeremy Cahill QC continues to pursue a busy practice as Head of the Planning Group. The following are practice examples from the last year or so.
A great many of the appeal decisions during this period have related to the presence or absence of a 5 year housing land supply and how this is to be calculated and the following are examples of successful appeals:
- Leeds Road, Collingham, Leeds (150 Units Ref 3001559)
- Land at Breary Lane East, Bramhope, Leeds (380 Units Ref 3004106)
- Land off Wrexham Road, Chester, Cheshire (31 Units Ref 3138032)
- Land at Parcel A: Wymondham Rugby Football Club, Tuttles Lane East; Parcel B: Land West of Elm Farm Business Park; Parcel C: Land North of Carpenters Barn, Wymondham (390 Units Ref 2014/0799/O)
- Land South of High Street, Milton-under-Wychwood (62 Units Ref 3143885)
- Land at Banbury Road, Ettington, Stratford on Avon, Warwicks (32 Units Ref 3138800)
- Gallagher Estates Lowbrook Farm, Lowbrooke Lane, Tidbury Green, Solihull (200 Units Ref 2192128)
- Land At The Asps, Bound By Europa Way (A452) To The East And Banbury Road (A425) To The West (Warwick DC) (900 Units Ref 2221613)
- Land East Of A47, West Roundhouse Way and North of A11; and Land to the South of A11 to the East of A47 and West of Cringleford, Norfolk (South Norfolk DC) (650 Units Ref 2227526)
- Former Herne Bay Golf Course, Thanet Way, Herne Bay (600 Units, Ref 3002508), Planning permission granted on duplicate application immediately prior to Inquiry
- Land at Arden Heath Farm, Stratford (270 Units, Ref 3004380)
- Land at Worcestershire Hunt Kennels, Kennels Lane, Fernhill Heath, Worcestershire (Ref 3003157)
- Land to the west of Leamington Road, Broadway, Worcestershire (125 Units, Ref: 2224292)
- Salisbury Landscapes Ltd, Boughton Road, Moulton, Northampton (70 units, Ref: 2225722)
- Park Hall Farm, Park Hall Road, Mansfield Woodhouse, Mansfield, Nottinghamshire (130 units, Ref: 2222981)
- Land north of Stockton Road, Long Itchington, Warwickshire (150 units, Ref:2221692)
- Land formerly known as Brook Farm, off Oregon Way, Chaddesden, Derby (215 Units; Ref: 2222939)
- Land At Spring Lane, Radford Semele, Warwick (65 units, Ref: 2221858)
- Minton Distribution Centre, Wellingborough Road, Sywell (120 Units; Ref: 2220599)
- Land At The Corner Of Knowle Lane And Mortimers Lane, Fair Oak, Eastleigh (78 Units; Ref: 2219953)
- Land off Banady Lane, Stoke Orchard, Cheltenham (45 units; Ref: 2223858)
- Land off Old Derby Road, Ashbourne, Derbyshire (200 units, Ref: 2218952)
- Land off Godsons Lane, Napton-on-the-Hill, Southam, Warwickshire (28 units, Ref: 2217115)
- Land to the south of Old Mill Road, Sandbach (200 units, Ref: 2212604)
- Land Off Stratford Road, Hampton Lucy, Stratford Upon Avon (28 units, Ref: 2215757) Full costs award
- Close Lane and north of Crewe Road, Alsager, Cheshire (132 units, Ref: 2203282)
- Pulley Lane, Newland Road and Primsland Way, Droitwich Spa (500 units, Ref: 2199085)
- Land to the South of Beckford Road, Alderton, Tewkesbury (47 Units, Ref: 2209001)
- Land off Mountsorrel Lane, Rothley, Leicestershire (150 Units, Ref: 2196928 & 2196929)
- Red House Farm, Lower Outwoods Road, Burton-Upon-Trent (250 Units, Ref: 2197299)
- Willow Meadow Farm, Wyaston Road, Ashbourne (65 Units, Ref: 2195546)
- Bloxham Road, Banbury (145 Units, Ref: 2178521)
- Fremington, Devon (227 Units, Appeal A Ref: 2188898 Appeal B Ref: 2193734)
- Campden Road, Shipston on Stour (130 Units, Ref: 2185727)
- Maudlin Nursery Hanging Basket Centre, West Sussex (100 units Ref: 2188243)
- Gretton Road, Winchcombe, Gloucestershire (120 units; Ref 2183317)
- School Street, Wolston (80 units; Ref 2186128)
- Bramcote Road, Loughborough (50 units; Ref 2177036)
- Station Road, Honeybourne (67 units; ref 2171339)
- Manchester Road/Crossings Road, Chapel-en-le-Frith (105 units; Ref 2159038)
- Bishops Cleeve, Gloucestershire. (450 Units; Ref 2146206)
- St Godwald’s Road, Bromsgrove (212 units; Ref 2152467)
- M&G Sports ground, Cheltenham. (150 units; PINS Ref 1183971)
- Stenson Fields, South Derby. (500 units; Ref 2038693)
- Long Lawford, Rugby. (99 units; Ref 2060256)
- Upper Rissington, Cotswolds. (368 units; 2112497)
- Greyhound Stadium, Hinckley. (84 units; Ref 2118652)
- Coton Park East, Rugby. (165 units; Ref 2113178)
- Brewer's Lane, Badsey. (39 units; Ref 2124085)
- Bude, Cornwall. (350 units; Ref 2115945)
- Uppingham Road, Oakham. (96 Units; Ref 2143475)
The Bude decision is widely regarded as evidence of a turning point in the approach of the new Government towards housing development where there is no 5 year supply. The original Secretary of State decision to refuse was quashed and the new decision, post Plan for Growth, was to allow the appeal.
An increasing number of the appeals have addressed the issue of viability such as the Jericho Boatyard appeal in Oxford where the Inspector accepted the "real world" approach to viability assessment.
BFP Developments LLP -V- Secretary Of State For Communities and Local Government & Wychavon District Council : The secretary of state has conceded that a housing appeal inspector erred in her approach to whether a policy was “out-of-date”.
Appeared on behalf of Asda in the High Court and Court of Appeal hearings in R (Telford Trustees) v Telford and Wrekin Council and Asda  EWCA Civ 896 which concerns the appropriate level of detail required on reasons for grant of planning permission.
Opencast coal mining appeals in Northumberland ( Ref 2022344) and Leeds. Appearances in the High Court on Judicial Reviews relating to grant of planning permission on behalf of Tarmac and Derbyshire County Council. Aggregate appeals for RMC and Tarmac.
Successful appeal against refusal of planning permission for a sub regional waste treatment plant in Garston, Liverpool. ( Ref 2117527). Permission secured ( at an enforcement appeal) for an unauthorized building in the green belt accommodating a wood recycling plant in Astley, Manchester. ( Ref 2111810-12). Permission secured for recycling of colliery shale near Wrexham, Wales. (Ref A822271). Judicial review of the Environment Agency's approach to licensing in terms of site boundaries.
Marina proposals in Solihull ( two), redevelopment of Stradey Park, Llanelli for housing to facilitate a new stadium for The Scarlets, advice on golf course redevelopments in Warwickshire and Cornwall.
Appeals and advice given in relation to various developments including a Grade II * building in Herefordshire and Hensol Castle in Wales.
JC has the questionable honour of being involved in the longest ever enforcement appeal involving development at Coventry Airport. This has lead to requests for advice on the applicability of the GPDO to airports elsewhere. Successful appeal relating to development at Wolverhampton Airport and advice given in relation to the redevelopment of Dunsfold Aerodrome ( the home of Top Gear).
Advised the Tusmore Park Estate in relation to an adjacent wind farm development.
Articles & Publications:
"Budget Special" as published by the Journal of Planning Law in June 2011.
LLB (Hons), Liverpool University
Approved for direct public access
The Planning and Environment Bar Association, the
Compulsory Purchase Association, and UKELA
"A good old-fashioned street-fighting advocate who you want in your corner." "An excellent advocate with an incisive and commercial approach who has considerable experience across the spectrum of planning and environmental law." (Chambers UK, 2017)
‘One of the most personable silks in planning law.’ (Legal 500, 2016)
"He's very professional and personable in terms of making sure everyone is comfortable around the table. He's great in his advice as well." "He is a highly accomplished inquiry performer with forensic analytical ability." "He is very good at directing a team of experts. He considers the bigger picture at a really early stage." (Chambers UK, 2016)
‘Assists on schemes of all sizes, including mixed-use developments, infrastructure, care homes and listed buildings.’ (Legal 500, 2015)
The Midlands' foremost environment silk. He has in-depth expertise in all aspects of planning and environmental work, including renewable energy, minerals and waste.
"He has an encyclopaedic brain - he adds a whole different dimension to discussions."
"He's a very capable advocate in judicial review proceedings."
"He's pretty much closed the market on speculative five-year land supply cases. There's nobody in the country better on that." (Chambers UK 2015)
'Vast advocacy experience, particularly in cases involving residential development schemes.' (Legal 500 2014)
Jeremy Cahill QC heads the set's planning group and is highly respected for his considerable experience of planning law. "He is an outstanding inquiry advocate; he has a real grasp of the commercial issues behind a development, and is tremendous when it comes to working with both the team and the client." (Chambers UK 2014)
Jeremy Cahill QC practises across the spectrum of planning and environment law. His environmental practice encompasses issues suchas waste, minerals and nuisance matters, and involves both civil litigation and judicial reviews. "He takes a really no-nonsense approach. He has an excellent rapport with clients and he combines client advice with humour and affability, which is invaluable." "He needs no introduction. Suffice it to say, he is a leader in his field." (Chambers UK 2014)
Jeremy Cahill QC is an excellent advocate who has enjoyed a very active year. Notable recent highlights include representing the Tusmore Park Estate in connection with an adjacent wind farm development. He has also acted in an enforcement appeal in respect of development at Coventry airport. (Chambers UK 2013)
Jeremy Cahill QC is a planning and environment specialist, who is well versed in both the promotion and opposition of a variety of schemes. His stellar reputation has been built on his handling of cases relating to infrastructure, mixed-use and residential developments, care homes, listed buildings and retail projects. (Chambers UK 2013)
He has been recommended in a variety of guides such as UK Legal 500 and Chambers Guide to the Legal Profession as being a leading Silk in both planning and environmental law.
Jeremy Cahill QC has a strong national practice, regularly advising on regeneration projects and retail developments. He counts a number of retirement home and residential housing developers amongst his diverse client base. (Chambers UK 2011)
Rated very highly, Jeremy Cahill QC is praised for his "excellent and incisive approach to cases." He commonly advises on regeneration projects, retail developments, housing, employment and environmental issues. (Chambers UK 2010)
'is well followed for his development planning expertise' (Legal500 2009)
“Superior grasp of the issues that come in to play” .... “He remains one of the foremost respected Silks in the field” (Chambers UK 2006)