Howard Leithead is a specialist 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 a specialism in planning over more than a decade. 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 (see below).
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 is effective at working with teams of expert witnesses and is highly skilled in cross examining witnesses.
Howard has particular experience in advising and representing those promoting and opposing residential development. He has advises and represents developers, local authorities, and interested parties at all stages of the application process.
He is experienced in all the main topic areas for which expert evidence is required, including Green Belt, housing land supply, heritage, highways, daylight and sunlight, flood risk, ecology, viability, accessibility, air quality, noise, light, and biodiversity net gain.
There has been a significant increase in applications for renewable energy developments, particularly solar farms and battery energy storage systems. Howard is experienced in advising and representing those promoting and opposing such developments.
Many of the topic areas that arise are the same as those for other forms of development such as Green Belt, landscape, heritage, flood risk, and highways. Howard is experienced in dealing with those and has developed further experience in dealing with the issues that are more particular to renewable development, such as the need for such developments.
Howard is regularly instructed to advise and act for clients in matters concerning other forms of development, including to appeal.
These have included proposals for: gypsy and traveller sites, residential care, minerals and waste developments, employment and logistics developments, a major new prison, and a hotel.
He has further been instructed in compulsory purchase disputes.
Howard is experienced in dealing with highways issues both within planning appeals and in separate disputes.
He has advised and acted for highway authorities, local planning authorities, and others in a range of contexts and has appeared in magistrates’ courts court, the Crown Court, and the High Court in highways disputes.
Howard is instructed on matters involving footpaths and rights of way.
He has represented clients in matters involving interference with a right of way, the stopping up of a footpath under s.257 and a challenge to the decision of the local planning authority to add a footpath to the Definitive Map and Statement.
Howard has successfully represented clients in inquiries and hearings in a covering a range of areas including residential development, solar energy (including battery energy storage systems), and gypsy and traveller sites.
Beyond development, Howard has represented clients in appeals concerning footpaths and rights of way.
Recent appeals include:
Howard advises on and represents a wide range of clients in judicial reviews and statutory reviews under s.288. These include the Secretary of State 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.
Howard acts for developers, local planning authorities, and other clients 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:
Howard represents developers, local authorities, and other 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 (often concerning gypsy and traveller sites), 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 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.
Due to a change in circumstances, the No5 Planning and Environment Group’s Local Planning Authority Seminar has been changed to a webinar. The online event…
"‘Howard is very good at thinking outside the box and approaching issues from different angles. He is attentive with clients and his cross examination is masterful."
"His explanation to and communication with the client is excellent. He listens whilst offering appropriate challenge to ensure the client is well and robustly represented."
"Howard gets to the nub of issues in a clear and concise manner. His explanation to and communication with the client is excellent. He listens whilst offering appropriate challenge to ensure the client is well and robustly represented. His advocacy is calm, authoritative, and persuasive."
"Howard is a good listener and understands complex situations. He will ensure we are advised of all potential options and implications of taking those options. His advice is cautious and fully considered."
"Howard quickly absorbs the detail and identifies the key issues. His calm and clear advocacy is authoritative and persuasive. His personable approach and ability to lead a team adds value and direction."
"Howard provides practical advice."
"Howard has the ability to get to the nub of the main issues quickly and gives sensible and pragmatic advice which is easy to understand and explains in clear language his advice so that the client can readily understand and comprehend complex issues and risks."
Due to a change in circumstances, the No5 Planning and Environment Group’s Local Planning Authority Seminar has been changed to a webinar. The online event…
