Paul Cairnes KC specialises exclusively in Planning & Environmental work.
Paul acts principally for developers throughout England and Wales and he has considerable High Court experience with regard to planning and environmental issues. Paul is presently promoting a number of major residential and commercial schemes across the country, including a proposed garden community, large scale residential schemes for major national housebuilders as well as SMEs, specialist logistics and life sciences sites and a surf lagoon.
Paul has many years experience in promoting major residential and commercial schemes across the country. The nature of his work has been principally through advising (at all stages of the planning process), EiPs and s.78 appeals. The nature of this work has encompassed a wide spectrum including proposed new garden communities, large scale residential schemes for major national housebuilders and SMEs across the country, specialist logistics and life sciences sites and a surf lagoon. In addition to his promotion experience in both the strategic and development management context, Paul has has significant experience in planning enforcement matters.
Paul is regularly instructed to appear and advise on behalf of developers in high profile and large- scale development appeals, recent examples of which include major residential housing & mixed use schemes in Kent, Northumberland, Dorset, Leicestershire and East Sussex. These have included successful appeals for development in the Green Belt, both residential (Nottinghamshire) and commercial (Dorset).
Paul has a long history of acting in complex enforcement matters on behalf of LPAs. This has included the successfully prosecution and recovery of substantial monies using the POCA regime.
Court of Appeal consideration of conflict with weight to be afforded to emerging local plan policies and application of national policy with regard to development proposals in the setting of a National Park.
Impacts of development proposals upon provision of acute healthcare by NHS Trusts and whether they can constitute a material consideration in the decision making process.
Supreme Court authority on principles surrounding acceptability of financial incentives attached to a planning application.
Successful resistance to challenge of use by LPA of s.70C TCPA 1990 (introduced by Localism Act 2011) to decline to determine retrospective application for planning permission where enforcement notice in place.
Challenge to grant of planning permission formulated on consultation rights as contained in the Aarhus Convention.
Opposing challenge to grant of planning permission in the Cotswold Water Park.
Successful enforcement of s106 obligation to provide financial contribution to community facilities.
Disaggregation of housing land supply and the potential use of summary judgment in s.288 appeals.
The meaning of ‘curtilage’ in the context of the listed buildings legislation.
Paul practices the following areas:
Paul was accredited as Civil Mediator by Regents Park College (now Regents University London) in November 2003, recognised by the Bar Council, the Law Society, Judicial Studies Board, and the Legal Services Commission. He is a member of the No.5 ADR Group and was a founding member (and former Chair) of the Wessex Civil Mediation Group. Since qualifying as a Civil Mediator Paul has successfully mediated disputes in a variety of areas including planning enforcement, contracts, construction matters, landlord and tenant, trusts, partnerships, sale of goods and property related matters generally. His experience now exceeds over 100 time limited civil mediations.
Uncategorised
In the second part of our podcast, we look at how Brexit will likely affect practitioners; how nitrates and phosphates impact development; the recent Planning…
Uncategorised
We are delighted to announce that Richard Kimblin, Paul Cairnes and Dr Simon Fox are all to be appointed Her Majesty’s Queens Counsel by the…
"Enormously popular with clients because he is very easy to get along with and he is an impressive advocate and effective cross-examiner." "He is impressive in his knowledge and approach."
"Enormously popular with clients because he is very easy to get along with and he is an impressive advocate and effective cross-examiner." "He is impressive in his knowledge and approach."
"Particularly strong on large-scale residential planning matters."
"Excellent in his approach to clients, providing straightforward, clear advice, with a willingness to be forceful where required." "Excellent client communication skills and collaborative working style. Strategic thinker, who is always a few steps ahead in developing an argument. As an advocate, he is good to listen to – never overblown or wordy."
"A marvellous barrister" "He seamlessly combines in-depth knowledge, attention to detail, gravitas and charm."
"Brilliant with clients. He explains things well and has such gravitas." "Very approachable, very thorough and a very good advocate."
Uncategorised
In the second part of our podcast, we look at how Brexit will likely affect practitioners; how nitrates and phosphates impact development; the recent Planning…
Uncategorised
We are delighted to announce that Richard Kimblin, Paul Cairnes and Dr Simon Fox are all to be appointed Her Majesty’s Queens Counsel by the…
