Hashi Mohamed

Viewing: Planning and Environment for Hashi Mohamed

Hashi Mohamed has been consistently listed as one of the highest rated planning barrister in England and Wales under the age of 35 in the following Planning Magazine's annual planning legal survey.
Chambers and Partners Bar UK 2019 records Hashi as an Up and Coming Junior for Planning in London:
"An up-and-coming planning barrister who handles a wide range of work on behalf of both local authorities and private clients. He regularly appears in the High Court and in planning inquiry appeals in matters including Section 106 enforcements, CIL-related cases and compensation claims."
Hashi appears on behalf of claimants and defendants and specialises in all aspects of planning and environment law.
He has undertaken work on behalf of clients including housebuilders and major landowners, and local planning authorities across England and Wales.
Hashi is the Assistant Secretary to the Planning and Environment Bar Association (PEBA) committee.
Planning Law
Hashi Mohamed has appeared at over 80 planning inquiries and hearings.
Examples of recent Planning inquiries and hearings include:
- Section 288 and 289 TCPA statutory appeals to the High Court
- Housing related Section 78 TCPA inquiry appeals
- Highway matters
- Enforcement matters including public inquiries, prosecutions of breach of enforcement notices and injunctions.
- Permitted Development rights and Certificates of Lawfulness
- Community Infrastructure Levy (CIL)
- Wind farms; ’cumulative effect’ on landscape and material considerations
- Green belt matters- including NPPF and local policy related disputes
- Gypsy/ Traveller accommodation policy
- Enforcement of Section 106 Agreements and similar litigation
- Criminal prosecutions under the Environmental prosecutions Act 1990
- Compulsory purchase appeals and compensation claims
Hashi regularly delivers seminars on the latest development in case law related to the above areas, and in particular EIA and SEA, Aarhus Convention.
Environmental Law
- Environmental Impact Assessments and Strategic Environmental Assessments
- Aarhus Convention, and in particular in relation to Protective Costs Order
- European Union Habitats/Birds Directive
- Flooding
- Statutory Nuisance
- Public Nuisance
- Town and Village Greens
Public Inquires
APP/Q3305/W/17/3187245 Land at Bath Road, Beckington
5 day inquiry by Redrow Homes Ltd against the decision of Mendip District Council for the development of 28 dwellings.
APP/Q3115/W/16/3153639 Land east of New Road, East Hagbourne
Two week inquiry by Grainger PLC against the decision of South Oxfordshire District Council to refuse outline planning permission for the development of circa 170 residential dwellings.
APP/L3245/W/15/3011886: Land North of the A371 and West of Wells, Wells, Somerset, BA5 2GA
5 day planning inquiry appeal against the decision of Mendip District Council to refuse permission for the development of circa 200 dwellings. This also involved a challenge to the recently adopted Mendip District Local Plan.
APP/L3245/W/15/3011886: Land East of Nobold Lane, Longden Road Shrewsbury
4 day planning inquiry acting on behalf Shrewsbury Council, over the development for up to 125 dwellings.
APP/N2535/A/14/2223170: Land off Church Lane, Saxilby, Lincolnshire LN1 2PE
6 day planning inquiry acting on behalf of West Lindsey District Council over the development of 125 dwellings.
APP/A0665/V/15/3013622: Land East of Clifton Drive, Chester.
4 day planning inquiry acting on behalf of Cheshire West and Chester Council over development of up to 142 dwellings.
APP/Q3305/A/13/2194751: Farm, Piltown, West Pennard, Glastonbury, Somerset, BA6 8NQ
4 day Planning Inquiry over development of two wind turbines.
Other planning inquiries related work include.
- Acting on behalf of the Lincolnshire County Council in a Section 78 TCPA inquiry appeal for the proposal of 9 turbine wind farm and ancillary development; Land at Orby Marsh, Lincolnshire. This recovered appeal was dismissed by the Secretary of State.
- Defending Gedling Borough Council’s grant of permission to one of two proposals to build a crematorium in the borough.
- Advising on all issues arising from negotiations pursuant to Section 106 agreements and CIL Regulation 122 compliant contributions.
- Advising private developers and major housebuilders on the strategic approach to making planning applications.
- Advising on the scope of planning permissions, how they should be construed and the approach to specific conditions (and in particular ‘true conditions precedent’).
- Advising on the application of the Habitats Directive to a housing development near the Durham Coast Site of Special Scientific Interest and Special Area of Conservation Natura 2000 Site, and Special Protection Area
- Acting and advising generally in judicial review challenges to the grant or refusal of planning permission.
Languages
Hashi is fluent in Somali and French and is currently studying Arabic.
Recommendations
An up-and-coming planning barrister who handles a wide range of work on behalf of both local authorities and private clients. He regularly appears in the High Court and in planning inquiry appeals in matters including Section 106 enforcements, CIL-related cases and compensation claims.
Chambers UK 2019
Reported Cases
R. (on the application of Shropshire Council) v Secretary of State for communities and Local Government [2019] EWHC 16 (Admin)
Case relating to the interpretation of the CIL regulations as they apply to self-build exemptions.
Provectus Remediation Ltd v Derbyshire CC [2018] EWHC 1412 (Admin)
This case was the first to consider the meaning behind the regulations which govern the refunding of planning application fees in cases where there has been non-determination of applications within the prescribed periods.
Richborough Estates Ltd v Secretary of State for Housing, Communities and Local government [2018] EWHC 33 (Admin)
This was landmark case which involved the determination of the meaning behind the Written Ministerial Statement on housing from 2016.
Persimmon Homes (North East) Ltd v Newcastle City Council [2017] EWHC 688 (Admin)
A case concerning a masterplan adopted by a local authority to deal with the provision of various elements of infrastructure required for the development of a neighbourhood growth area had complied with the authority's core strategy in relation to the provision of an access road to accommodate the resulting increased traffic.
Bromley LBC v Secretary of State for Communities and Local Government [2016] EWHC 595 (Admin)
This is the latest case interpreting para.89 of the framework, which sets out the exceptions to the general policy that new buildings were inappropriate development in the green belt.
Fox Land and Property LTD v (1) Secretary of State for Communities and local government (2) Castle Point Borough Council [2015] EWCA Civ 298
An important judgement which clarified how green belt policy ought to be interpreted when considering the relationship between the supporting text to a local planning policy and the policy itself.
R (on the application of Holder) v Gedling Borough Council [2014] EWCA Civ 599
What constitutes ‘material consideration’ in a case involving erection of a wind turbine in the Green Belt. What advice should be given to committee members by officers as to the range of issues which could qualify as ‘material consideration’.
R (on the application of Holder) v Gedling Borough Council [2013] EWHC 1611 (Admin)
Awards
- 2014- Pegasus Scholar, the Pegasus Trust- Hashi to spend eight-twelve weeks between Al-Tamimi and Co and the DIFC courts in Dubai.
- 2013- International Visitor Leadership programme delegate (“IVLP”). Hashi was one of 8 individuals nominated as part of a judicial exchange programme with the United States visiting Washington D.C., Denver, Colorado and Houston, Texas as part of a 10 day programme at the invitation of the U.S state department.
- 2011-3 Month internship at the International Criminal Court: The Hague Award, Lincolns Inn
- 2008-2010- Prince of Wales Scholar, Prince’s Charities
- May 2010- Lincoln’s Inn opening mooting competition champion, judged by Lord Walker of Gestingthorpe
- 2009- The Carr and Stahl Fund for researchers, Sr-Anthony’s College, Oxford
Memberships
The Honourable Society of Lincoln’s Inn
Administrative Law Bar Association
Planning and Environmental Bar Association
Qualifications
2009-2010 - Bar Vocational Course, City University London
2008-2009 - MSc, St-Antony’s College, University of Oxford
2003-2007 - BA (Hons) Law and French, University of Hertfordshire
2005-2006 - Erasmus Scholar, Political History, Philosophy and French, Universite de Jean Monnet, St-Etienne
BBC and Media Work
Publications
Hashi regularly presents documentaries on BBC Radio 4, and provides commentary on varying topics in other BBC outlets, as well as other media outlets. The latest of which are,
Sir William Macpherson on what’s happened since Stephen Lawrence Inquiry – March 2019
Macpherson: What Happened Next – March 2019
BBC Radio 4, Start the Week: Jordan Peterson, Rules for Life – May 2018
As more young people die on London’s streets, its time to take drastic measures – April 2018
Scott. E. Page – Diversity Bonus: the intellectual and moral case for diversity – August 2017
Setting UP Home: BBC Radio 4, The Fix – August 2017
‘Missing Muslims’ Report: Citizens UK Report launch – July 2017
Telling children ‘hard work gets you to the top’ is a lie – April 2017
The ‘case for the wild card’ – April 2017
Adventures in Social Mobility: BBC Radio 4 – April 2017
The Priest and The Mayor: BBC World Service – August 2016
Muslims in the Media: a call to UK editors – April 2016
The Boat Children, my time in Italy – December 2015
A tale of two Alis, a bit more about my background – December 2015
My lecture on terrorism in London, Response to Terror – July 2015

Latest News & Publications

The High Court last week quashed a decision by a Planning Inspector involving an important case considering the Regulations on the Community Infrastructure Levy ("CIL Regulations”)....

Date: Mon, 21 Jan 2019