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Barrister - Nina Pindham

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]

Nina Pindham - Planning & Environment

Nina is a specialist planning and environmental law practitioner and regularly advises a wide range of clients including landowners, developers and local planning authorities on a range of planning and environmental matters.

Ranked in Chambers and Partners as a leading junior, she has been “highlighted by commentators for her intellectual and diligent approach to cases.” (2016)

“She is only a junior barrister but her ability to crack intellectually challenging issues is unbelievable. If you think of it as chess, she is always three or four moves ahead of the opposition.” (2016)

“Very good on environmentally sensitive developments.” “Very sharp, very intelligent and has a tremendous capacity to take in a great deal of information and get straight to the point.” (2017)

She is also ranked as one of the country’s top rated juniors by Planning Magazine. She has appeared before the High Court, Court of Appeal, and the Aarhus Convention Compliance Committee. She has extensive experience in environmental law matters in the context of planning applications, including controversial minerals development (such as fracking and minerals development in particularly sensitive environments), hazardous substances consents, waste, EIA, SEA, agriculture, water, air quality, and nature conservation issues. She is editor of the Trees chapter in Butterworth’s Planning Law Encyclopedia.

Her further experience by topic is set out below.

Planning

Decision-Making: She has appeared before the High Court/Court of Appeal in a number of cases concerning the legality of planning decision-making: R (on the application of Flemming) v Wiltshire Council [2015] EWHC 1260 (Admin); R (on the application of Dudfield) v Forest of Dean DC [2016] EWHC 291 (Admin); R (on the application of Hampton Bishop PC) v Herefordshire Council [2014] EWCA Civ 878 (led by Richard Kimblin QC). She acted for the Interested Party in R (on the application of Dukeminster Ltd) v Exeter City Council [2014] EWHC 664 (Admin), a case concerning the materiality of planning considerations, including the role of viability concerns in the context of statutory consultees’ deliberations and ransom strips (led by Ian Dove QC).

Housing: Nina has acted for developers, local authorities and third parties in a range of housing appeals. Work includes acting for developers at inquiries where issues involved policy, heritage, housing land supply, noise, and transport and highways impact; acting for third parties at inquiries ranging from four days to three weeks, and acting for local planning authorities successfully defending a refusal to grant planning permission.

Neighbourhood Plans: Nina has experience at all stages of the neighbourhood plan process on behalf of developers, local planning authorities and neighbourhood planning groups. She regularly appears on behalf of clients at neighbourhood plan examinations.

Examinations in Public: Nina has appeared at a number of Examinations in Public. Work includes appearing for developers opposing allocation of land as Local Green Space; appearing for a museum opposing an allocation, appearing for a developer opposing a proposed mayoral referendum prior to the grant of planning permission for new residential development; and appearing for a developer in relation to flaws in the Sustainability Appraisal.

Permitted Development Rights: Nina regularly advises on the availability of permitted development rights, and the use of planning conditions to exclude those rights. She acted for the successful Defendant in Stevens (t/a KCS Asset Management) v Blaenau Gwent CBC [2015] EWHC 1606 (Admin), a case concerning solar energy development and the applicability of the EIA regime to permitted development rights in Wales (led by Richard Kimbin QC).

CIL/Section 106: Nina has advised a range on of clients on the applicability of the CIL Regulations to specific contributions, and has given a number of talks on CIL and section 106. She has acted for local planning authorities in relation to affordable housing appeals under s. 106BC; and has acted for third parties at numerous inquiries involving the application of reg. 122 and 123 of the CIL Regulations. Her work on the CIL Regulations included advising infrastructure providers on the pooling of contributions. She was junior to Richard Kimblin QC in a leading case on reg. 122: R (on the application of Hampton Bishop PC) v Herefordshire Council [2014] EWCA Civ 878.

Enforcement/CLEUD/CLOPUD: Nina regularly advises on these matters and appears at enforcement inquiries and prosecutions in the Magistrates’ Courts. Recent work includes: (i) a s. 174 inquiry concerning wind farm development; (ii) a s.174 inquiry successfully alleging that an enforcement notice against an alleged change of use was invalid; (iii) a s.195 appeal against the refusal of a CLEUD in respect of a householder extension; (iv) successfully acting for local planning authorities at appeals on the basis of alleged breaches of planning control. She has extensive experience relating to barn conversion applications.

Committal Orders/POCA: Nina has successfully applied for committal orders for failure to comply with enforcement notices on a number of occasions. She has also successfully applied under POCA for a confiscation order relating to the proceeds of an illegal subdivision of a property into residential flats.

Heritage: Nina regularly advises on heritage issues. She has successfully appeared at a number of planning inquiries where a main issue has been the heritage impact of the development. She appeared for the Claimant in R (on the application of Fulford Parish Council) v City of York Council [2013] EWHC 3924 (Admin), a case concerning the location of the Battle of Fulford (led by Ian Dove QC), and Steer v Secretary of State for Communities and Local Government [2017] EWHC 1456 (Admin), concerning the correct approach to the determination of the setting of a heritage asset.

Village Greens: Nina has experience acting for a local planning authority at a village green inquiry. She acted for the successful Defendant in R (Kier Ventures Limited and Rubery Owen Holdings Limited) v Birmingham City Council, a case concerning the requirements for duly made village green applications and subsequent amendments (led by Ian Dove QC).

Special Controls: Nina has experience of s.215 notices, has appeared before the Upper Tribunal in relation to compensation under the TPO regime, and regularly advises in relation to advertisements and restrictions applying to development in the Green Belt.

Environment

Water Law: Nina has particular expertise in water law, having served as a convener of the United Kingdom Environmental Law Association’s Water Working Party for six years, through which she has participated in numerous consultations on changes to the water sector. She has also advised a local authority of its powers and duties under the Flood and Water Management Act 2010. She regularly defends water companies against prosecutions for breaches of the terms of a permit in various magistrates’ courts. She has successful experience of the use of the civil penalty regime for environmental offences under Regulatory Enforcement and Sanctions Act 2008. She has also led several successful prosecutions for large water companies. She appeared in the Court of Appeal in R (on the application of Seiont, Gwyrfai and Llyfni Anglers' Society) v Natural Resources Wales [2016] EWCA Civ 797, the leading case on the interpretation of “environmental damage” (led by Richard Kimbin QC).

Minerals: Experience includes successfully arguing for the validity of a restoration condition in relation to the last remaining coal mine in England; determining the status of a mine (whether pre-1948 and therefore one to which the GDO regime applied); and advising applicants and Mineral Planning Authorities on controversial applications including in national parks and other highly sensitive areas.

Energy: Nina has assisted at an inquiry regarding the development of a sub-station for a billion-dollar offshore windfarm in Norfolk (led by Richard Kimblin QC). She advised statutory consultees on issues arising from major energy developments such as Hinckley Point C development and the ABLE Marine Energy Park.

Nature Conservation: She was seconded to Natural England, where she advised on the applicability of marine conservation laws to the Crown and issues arising under the Highways Act, the Natural Environment and Rural Communities Act, the Wildlife and Countryside Act, the Conservation of Habitats and Species Regulations and the Habitats Directive.

Nuisance: Nina advises on both statutory and private nuisance cases, including a private nuisance claim against a statutory undertaker.

Background

Prior to joining the Bar, Nina trained as a research scientist in Canada. Her undergraduate thesis research (water quality in the context of proposed development, conducted under the supervision of Professor Michael Brylinsky) resulted in a revision of government policy, was covered by several national news outlets, and was published.

Her art has won international awards and her work has been exhibited 

in Canada, America, and France.

She has lived and worked abroad in Italy, Lebanon and India. With the assistance of a number of partners she is developing a project in Nagaland to fund education and training initiatives which aim to promote female economic empowerment.

She was selected by Lord Bingham to work as his research assistant on his intended book on Magna Carta.

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