Thea Osmund-Smith - Planning & Environment
Thea is consistently rated by Planning Magazine as one of the top planning barristers under 35 years old and was voted No.2 in 2018. In 2017 she appeared on the overall Top Rated Planning Juniors list for the first time, and in 2018, Thea was ranked as the No.8 planning junior overall.
Thea is a specialist planning and environmental law practitioner and regularly advises a wide range of clients including local authorities, parish council’s, commercial and private clients.
Thea is ranked as Up and Coming in Chambers and Partners (2017 and 2018) and cited as “one to watch due to her dedication and enthusiasm.” She is noted for her strong inquiry practice and regularly advises major clients including energy providers, house builders and local authorities:
“She attracts a wealth of praise from market sources, who cite her as one to watch due to her dedication and enthusiasm.
Strengths: She is very, very good, and has a lovely manner. She is client-friendly and pursues points very thoroughly." "She is enthusiastic and an excellent junior."
Thea is regularly instructed to appear in High Court matters on behalf of Claimants and Defendants and has extensive experience of advising, drafting and advocacy in judicial review and section 288 and 289 claims.
Thea is familiar with the procedural requirements of High Court litigation, and the relevant costs provisions. Thea has considerable experience in advising on costs protection and the application of the Aarhus Convention. In 2018, Thea was appointed to the Attorney General’s C Panel of Counsel (London).
HIGH COURT/ COURT OF APPEAL CASES INCLUDE:
R. (on the application of Hayes) v Wychavon DC  EWHC 1987 (Admin)
R (on the application of Leicestershire Police and Crime Commissioner) v Blaby DC  EWHC 1719 (Admin)
Pertemps Investments Ltd vSecretary of State for Communities and Local Government  EWHC 2308 (Admin)
Shropshire Council v Secretary of State for Communities and Local Government  EWHC 2733 (Admin)
Jelson v Secretary of State for Communities and Local Government  EWHC 2979 (Admin)
Save our Green Hills Community Ground v Secretary of State for Communities and Local Government  EWHC 1929 (Admin)
R. (on the application of Save Britain's Heritage) v Liverpool City Council  EWCA Civ 806
Nottingham City Council v Secretary of State for Communities and Local Government  EWHC 2243 (Admin)
Jelson Ltd v Secretary of State for Communities and Local Government  EWCA Civ 24
Malvern Hills District Council v Secretary of State for Communities and Local Government (2017) secured consent Order quashing permission on behalf of the Council on the basis that the Inspector misinterpreted a recently adopted Local Plan policy.
Amott v Secretary of State for Communities and Local Government (2017) resisted permission on behalf of developer client who secured planning permission for residential development following a section 78 appeal
Bennett v Derbyshire Dales District Council (2018) successfully resisted a challenge to the grant of planning permission by the LPA for a mixed commercial / housing development.
Edward Blake Limited v Secretary of State for Communities and Local Government (2018). Thea was successful in challenging the decision of an Inspector (APP/C1625/W/17/3177291?) to refuse permission for the demolition of Prinknash Abbey to accommodate new residential development. The Secretary of State consented to Judgment.
PLANNING HEARINGS, INQUIRIES AND EXAMINATIONS
Thea is an experienced Inquiry practitioner, often appearing at multi-week Inquiries on behalf of land promoters, developers, and also for local authorities. Thea advises on a broad spectrum of planning related matters at Hearings, Inquiries and Examinations including:
Local Plans – Thea regularly advises land promoters and developers on the promotion of sites through the local plan process, as well as on issues such as green belt review. Thea has been involved in the Coventry Core Strategy, and appeared at the Warwick Local Plan Examination. Thea also represented a land promoter at the Examination into the soundness of North Somerset’s Consequential Changes to Policies following a successful Judicial Review. Thea appeared at the Examination of the Kingswood Neighbourhood Development Plan, and has drafted representations for the King’s Lynn and West Norfolk Local Plan. Thea is presently advising in relation to the Cornwall Site Allocations DPD, and the Rushcliffe Local Plan Part 2.
Residential – Thea has extensive experience of dealing with objectively assessed housing need, five year housing land supply issues, and prematurity in the context of local and neighbourhood Plans. Thea has appeared at a number of planning Inquiries and hearings in England and Wales both promoting and objecting to housing schemes, and has dealt with a wide range of issues including landscape and character, transport, drainage, heritage, ecology, locational sustainability and environmental impact.
Thea has recently secured permission for 365 dwellings in Llay, Wrexham, 80 dwellings in Barnack (Peterborough) 180 dwellings in Buckden (Huntingdonshire), and 30 dwellings in Enstone West Oxfordshire.Thea has a particular interest in heritage issues, and believes that early Advice is crucial to ensure that impacts are properly considered within the statutory and policy Framework.
Thea is often instructed to review documents prior to application and considers this a valuable service that all developers should consider using for more complex and/or EIA development. Thea has recently given a talk on the implications of the forthcoming EIA Regulations 2017, which can be found here if you click on the link bellow:
RECENT APPEALS INCLUDE
- Land South of Oxford Road, Enstone, Oxfordshire, 30 dwellings, APP/D3125/W/17/3182718 (heritage, landscape, emerging plan)
- Land at the Asps, Warwick 900 dwellings, APP/T3725/A/14/2221613 (heritage, landscape, transport)
- Land at Home Farm, Llay, Wrexham 365 dwellings, APP/H6955/A/16/3147116 (landscape, transport, ecology)
- Land off Lucks Lane, Buckden, Cambridgeshire 180 dwellings, APP/H0520/W/16/3159161?(housing land supply, objectively assessed need, transport, heritage, landscape)
- Land off Uffington Road, Barnack up to 80 dwellings APP/J0540/W/16/3153303 (landscape, heritage, sustainability and housing land supply)
- Land off Stone Path Drive Hatfield Peverel (conjoined Inquiry) 140/80 dwellings,) APP/Z1510/V/17/3180725, (heritage, landscape, ecology, Air Quality, Transport
- Land of Town Road, Cliffe Woods, Medway 225 dwellings APP/A2280/W/17/3175461 (landscape, sustainability)
- Ledsham Road, Ellesmere Port 2000 dwellings APP/A0665/A/13/2209026
- Land off Sherborne Road, Burbage 73 dwellings APP/K2420/W/15/3004910, (landscape, housing need and housing land supply) subject of the Jelson High Court case listed above. Thea was successful at appeal and in the High Court and Court of Appeal.
- Land off Tarporley Road, Whitchurch up to 39 dwellings APP/L3245/W/15/3133616? (heritage, landscape impact, housing need)
- Land off Monarchs Road, Sutterton up to 60 dwellings APP/Z2505/W/15/3010682 (open space, landscape impact)
- Land off Garsdale, Saxonvale, Frome 60 dwellings APP/Q3305/W/15/3135345 (heritage issues, employment land, viability, amenity, character and appearance)
- Land at Coventry Road, Lutterworth up to 250 APP/F2415/W/16/3151978?(landscape impact, coalescence)
- Land off Hayslan Road, Great Malvern up to 150 dwellings APP/J1860/W/15/3016539?(open space, landscape impact, valued landscape)
Renewable Energy - Thea has acted for promoters and objectors of wind farm development. Given the scale of turbine development and the acknowledged landscape impact of wind farms, landscape harm is a common issue as is the impact on the historic environment. Moreover, environmental impact, protection of European protected species and the Habitats Directive are also issues that often need to be addressed. Recent projects include the following
- Llaithddu Wind Farm Promoting a 27 turbine scheme in the context of a conjoined s36 Inquiry together with 5 sites and related grid connection works.
- Mynydd y Gwynt Promoting a nationally significant infrastructure project for up to 27 turbines - a decision is pending.
- Hemswell Cliff Wind Farm Thea acted on behalf of a local residents group – VOCAT in objecting to the scheme on heritage, archaeology and landscape grounds. The appeal was refused after the introduction of the new planning practice guidance because the scheme was found not to have community backing. The Secretary of State refused permission, accepting the recommendation of the Inspector. APP/B3030/W115/3003130
- Churchover Wind Farm Acting on behalf of the Parish Council objecting to a scheme of 3 turbines on heritage and landscape grounds. The decision considered arguments on the recent PPG and the meaning of “community backing” featured heavily in both the evidence and the submissions. APP/E3715/A/14/2227479
- Griffe Grange Wind Farm (APP/P1045/W/15/3130874) Thea acted on behalf of Derbyshire Dales District Council in resisting a three turbine wind farm scheme. Issue included heritage (listed building, conservation area and schedule ancient monuments), and the impact on the National Park.
Section 106 contributions, development viability and the application of the CIL Regulations 2010 - Thea has advised a range on of clients on the applicability of the Regulations to specific contributions, and on the wording of 106 Agreements / Unilateral undertakings. In particular, Thea’s recent work has included advising infrastructure providers on the pooling of contributions, and what practical steps might be taken to avoid a conflict with the Regulations to ensure that development can be considered acceptable in planning terms.Thea appeared in front of the CIL Review Panel chaired by Liz Peace, on behalf of the National Police Chief’s Council to discuss how the CIL regime has impacted on, and was likely to impact on delivery of infrastructure in future. The Report of the Panel was published alongside the Housing White Paper and recommended that the Community Infrastructure Levy (CIL) should be replaced with a 'hybrid system' of a low level tariff for all developments and section 106 for larger developments.
Thea will be speaking at the 2018 Planning and Environmental Bar Association Annual conference on the topic of CIL Reform
Enforcement - Thea regularly appears at Enforcement Inquiries and understands the important of early involvement to assists both local authorities and appellants in what can be a very complex process. In particular, Thea often advises on the principles enunciated in the case of Ahmed v Secretary of State for Communities and Local Government  EWCA Civ 566 and the availability of obvious alternatives.
Thea has written for the UK Environmental Law Association’s publication ‘e-law,’ on the issue of costs of Environmental Judicial Review, and spoke on ‘the year’s hottest cases’ at the UKELA Annual Conference . The paper she presented was published in a special issue of Environmental Law & Management. Thea also writes and regularly presents papers at seminars and conferences both on behalf of the planning group and when invited by clients to do so.
Thea has also been involved in training professional witnesses on behalf of a number of clients and together with other members of Chambers, has carried out mock Inquiries to offer experience to those who have not given evidence before. Please contact [email protected] (mailto:[email protected]) for more information.
QUALIFICATIONS & AWARDS
LLB, First Class, University of Warwick
BVC College of Law
The Lord Slynn of Hadley UK Environmental Law Moot 2011, Winner;
Major Scholarship, Inner Temple (2009); Duke of Edinburgh Entrance Award, Inner Temple (2009);
University of Warwick Law School Prize for Best Overall Performance (2008, 2009).
"Very knowledgeable and thorough, as well as being very friendly, approachable and easy to work with. Her drive and enthusiasm are clear to see and her professionalism is exemplary." "She is thoughtful and decisive whether acting alone or being led."
Chambers UK 2018
Noted for her strong inquiry practice, she regularly advises major clients including energy providers, house builders and local authorities. She attracts a wealth of praise from market sources, who cite her as one to watch due to her dedication and enthusiasm.
Strengths: "She is very, very good, and has a lovely manner. She is client-friendly and pursues points very thoroughly." "She is enthusiastic and an excellent junior."
Chambers UK 2017
Cited by commentators as a junior with an impressive ability to see straight to the heart of the matter at hand. She has particular experience of inquiries relating to housing and renewable energy development.
Strengths: "She gives clear and robust advice, performs well on her feet as an advocate, and handles clients extremely well."
Chambers UK 2016