Howard Leithead is a well-respected planning and environmental law barrister. He acts for and advises clients of all types, including developers, local authorities, Secretaries of State, campaign groups, local residents, and private individuals.
An accomplished advocate, Howard regularly appears in inquiries and hearings and represents clients in cases in courts and tribunals from the magistrates’ court to the Court of Appeal. He is experienced in dealing with complex areas of the law and is known for providing comprehensive and practical advice.
Howard accepts instructions both from professional clients and on a public access basis across England and Wales. He is appointed to the Attorney General’s C Panel of Counsel in London, which enables him to advise and represent the Government, usually in the High Court.
Howard regularly writes articles and speaks about planning and environmental issues. He produces expert analysis articles, appears on No5 Planning Podcasts, participates in webinars, and gives papers at seminars and conferences.
He is committed to education and training and is involved in training professional witnesses for planning inquiries, coaching and mentoring students, and judging competitions.
Howard has developed significant experience in planning. Much of his practice is focused on helping clients to obtain or oppose grants of planning permission. He advises at the planning application stage and regularly represents clients at public inquiries throughout England and Wales as well as in challenges in the High Court and the Court of Appeal.
In addition, he deals with a range of other planning matters, such as lawful development certificates, the interpretation of planning permissions and s.106 agreements, and the applicability of permitted development rights.
Howard further maintains a busy enforcement practice. He advises and represents both local planning authorities and those against whom enforcement action is being taken, both in appeals against enforcement notices and in court proceedings.
Howard regularly represents clients in planning inquiries and hearings. While he has particular experience in residential development, he is also instructed in other areas and has recently acted for clients in appeals concerning proposals for: major industrial development, gypsy and traveller sites, a hotel, a prison, a battery energy storage system (BESS), and a solar farm.
Howard has developed experience in all the main topic areas for which expert evidence is required in planning inquiries. In recent appeals, Howard has dealt with issues including landscape, Green Belt, housing land supply, heritage, highways, flood risk, ecology, viability, accessibility, air quality, noise, and light. He is effective at working with teams of expert witnesses and is skilled in cross examining witnesses.
Beyond development, Howard has represented clients in appeals concerning footpaths and rights of way.
Recent appeals include:
Howard represents a wide range of clients in judicial reviews and statutory reviews under s.288. These include the Secretary of State in the High Court as a member of the Attorney General’s C Panel of Counsel in London.
Recent cases include:
Howard maintains a busy enforcement practice acting for local planning authorities and developers in appeals and court proceedings. He is highly skilled at dealing with the often complex legal issues that arise in this area.
Planning enforcement appeals
Howard acts for both developers and local planning authorities in appeals to the Secretary of State against enforcement notices under s.174 and appeals against decisions to refuse lawful development certificates under s.195.
Recent appeals include:
Court work
Howard represents clients in courts from the magistrates’ court to the High Court and the Court of Appeal. His work divides broadly into (a) civil cases, such as s.289 appeals, applications for injunctions under s.178B, contempt proceedings, and appeals against s.215 notices, and (b) criminal prosecutions in the magistrates’ court and the Crown Court.
Recent cases include:
Howard’s environmental planning practice encompasses environmental work that is both intrinsic to the planning process and separate to it.
Within the planning context, Howard regularly deals with issues such as environmental impact assessment (EIA) and biodiversity net gain (BNG). He further deals with planning applications for environmental matters such as waste disposal operations and the minerals projects.
More broadly, he has advised and represented clients in relation to other environmental matters, including statutory nuisance, environmental permits, enforcement action, and criminal prosecutions.
Since 2021, he has organised the United Kingdom Environmental Law Association (UKELA) Moot.
Recent cases include:
Howard has advised developers and local planning authorities in relation to biodiversity net gain in the context of planning appeals. With the statutory requirement to demonstrate a biodiversity net gain of 10%, this is an issue which routinely arises and Howard is well-experienced in dealing with it.
After months of anticipation, the new NPPF is finally here, heralding what the Deputy Prime Minister has called a “landmark overhaul” to “shake-up a broken…
Uncategorised
Thank you to all who attended the Local Planning Authority Seminar Yesterday. We hope it was both informative and enjoyable for you all.
After months of anticipation, the new NPPF is finally here, heralding what the Deputy Prime Minister has called a “landmark overhaul” to “shake-up a broken…
Uncategorised
Thank you to all who attended the Local Planning Authority Seminar Yesterday. We hope it was both informative and enjoyable for you all.
