Richard Humphreys KC is a leading Barrister in the fields of Planning, Environment and Local Government Law, with extensive experience in planning appeals and local plan examinations and litigation at all court levels.
Planning practice includes extensive experience in the following areas, acting for developers, landowners, local planning authorities and action groups:
Richard has been instructed to advise upon and appear at numerous Development plan examinations and has considerable experience both of promoting and opposing plans as well as representing clients in legal challenges to the adoption of local plans.
Recent instructions have related to Wiltshire Core Strategy, Lichfield Local Plan, Mendip Local Plan Part 1, West Lancashire Local Plan, Stafford Local Plan Parts 1 and 2, Hartlepool Local Plan, Cheltenham, Tewkesbury and Gloucester Plans, Harrogate Local Plan, North Essex Part 1 Local Plans, St Cuthbert’s Garden Village (Carlisle) Plan and Charnwood Borough Local Plan.
Richard has advised and/or represented a large number of developers (including Bellway Homes, Bovis Homes, Crest Nicholson, Redrow Homes, Barratts/BDW, Galliard Homes, Linden Homes, Orbit Homes and Orchard Homes) and Local Authorities at many public inquiries and through subsequent legal challenges.
Richard therefore has a very good working knowledge of issues relating to OAN, 5 year supply, viability, Green Belt, heritage, landscape, EIA and Habitats Regulations, CIL-compliant planning obligations and CIL-liability.
Recent cases include:
Richard has advised and/or represented numerous clients in relation to numerous Highways matter.
Experience includes road improvement schemes, bypass inquiries, proposed Motorway Service Areas (Mobil Oil, Barn Hill, M40; and resisting MSA near Booker Airfield, M40), successfully representing the London Borough of Bexley in resisting the Thames Gateway Bridge and related toll order, promoting road bridges (e.g. Newtown, Powys) and footbridges (e.g. Leeds), stopping up/ diversion of highways orders (Wycombe DC).
He successfully represented DB Symmetry Ltd in the Supreme Court (Swindon BC v. DB Symmetry Ltd and Secretary of State (whether a planning condition does and can require a landowner to dedicate a right of way to the public) (2022).
Recent planning inquiries involving significant highways issues include successfully resisting Richborough Estates Ltd and Mr Robert Jones’ appeal for up to 650 dwellings on land west of Higham Lane, Nuneaton (2024) and successfully resisting Gladman Developments Ltd’s appeal for up to 700 dwellings at Weddington Road, Weddington Nuneaton.
Richard has been involved in some of the largest schemes considered at inquiry. He has experience of the DCO process under the Planning Act 2008, as well as substantial infrastructure development pursuant to the Town and County Planning Act 1990, the Transport and Works Act 1992, the Electricity Act 1989 and other infrastructure related legislation. Examples include the Thames Gateway Bridge, the City of London heliport, Redhill Aerodrome, Manchester Second Runway and Heathrow Terminal 5. Richard has also advised and acted for the CAA in respect of numerous airport inquiries including Manchester, Stansted, Cardiff, Southampton and City Airport, London.
He represented Essex County Council at the London Gateway (Shellhaven) container port development and Carlisle City Council in respect of proposed Carlisle Airport freight development.
He has considerable experience of wind farm development, including representing at inquiry London Oxford Airport in resisting wind farm development and Carlisle City Council at inquiry in resisting wind farm development.
He also has considerable experience of telecommunication mast cases, including related objections under the Communications Act 2003. He successfully represented Hutchinson 3G in the High Court and Court of Appeal and O2 in the County Court.
He is currently advising on the largest proposed solar farm in England in Northamptonshire.
Richard has very extensive retail development experience in the convenience, comparison and bulky goods sectors, and warehouse clubs, and certificates of lawful use in respect thereof, representing many of the major retailers (Aldi, Asda, B&W, Co-op, Safeway, Tesco) and retail park operators, and many local authorities over many years. More recent instructions include out of town retail developments in Sunderland and proposed new stores for Aldi at 2 recent inquiries (Fletton Close, Leicester and Great Barr, Birmingham).
Richard has advised and /or represented numerous clients in relation to a wide range of such proposals, for example:
Richard has extensive experience in a wide range of leisure developments
Richard has many years’ experience of projects which potentially affect heritage assets (both designated and non-designated). Examples include
Richard has wide-ranging experience in agricultural development, from poultry processing to pig and cattle farming, to large scale greenhouse production and agricultural land classification.
Richard successfully argued the still leading case of R v Wicks in the House of Lords (the scope for a Defendant to challenge the validity of an enforcement notice when prosecuted for non-compliance).
He has appeared at numerous enforcement inquiries and has in-depth knowledge of enforcement law.
Recent instructions have included Wycombe DC (Babs Park, Bourne End), Nick Hood (Brush Garage, Walsall), Rob Pattinson, Knights for Graham Heath Group Ltd (Station Yard, Wrenbury), Rob Pattinson, Knights for Gamble Plant, Norfolk and Tom McArdle, Pike Smith Kemp Rural in relation to Thimble Farm, Holyhead, Maidenhead.
Environmental work has included numerous advices and/or representation in respect of
Past instructions have related to noise, dust, vibration, odour (from pigs, cattle, poultry).
Recent instructions include representing Cank Farm, Tanworth-in-Arden (nuisance case concerning poultry) in the High Court.
Local government work includes advising on
He recently successfully represented Carlisle City Council, Allerdale Borough Council and Copeland Borough Council in a High Court case brought by Cumbria County Council challenging the decision of the Secretary of State to create 2 new unitary authorities rather than a single authority for Cumbria.
Richard’s Compulsory purchase work includes
Recent CPO work include:
Following the dismissals already in the past 12 months of 3 separate appeals, see previous article, a further appeal in Nuneaton and Bedworth for up…
On 28th November 2023 an appeal by Cartwright Homes was dismissed by Inspector Jonathan Edwards, following a hearing, in respect of a proposal for 29…
"a thoroughly thorough opinion! Your advice, options and recommendations are understood and appreciated."
Legal 500: Tier 1 Leading Silk (Midlands) and Tier 4 Leading Silk (London)
Journal of Planning and Environmental Law articles include:
Linked-in posted articles:
Following the dismissals already in the past 12 months of 3 separate appeals, see previous article, a further appeal in Nuneaton and Bedworth for up…
On 28th November 2023 an appeal by Cartwright Homes was dismissed by Inspector Jonathan Edwards, following a hearing, in respect of a proposal for 29…
