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. Hashi’s practice focuses on housing, infrastructure, enforcement and compulsory purchase work. Hashi appears on behalf of claimants and defendants and specialises in all aspects of planning and environment law.
Hashi undertakes work on behalf of clients including housebuilders and major landowners, and local planning authorities across England and Wales; including at hearings and inquiries, local plan examinations, High Court and the Court of Appeal.
Hashi is a published author of two books; People Like Us; What it Takes to Make it in Modern Britain (Profile Books, January 2020) and the forthcoming A Home of One’s Own (Profile Books, September 2022)
Planning Law
- Section 288 and 289 TCPA statutory appeals to the High Court
- Housing related Section 78 TCPA inquiry appeals
- Highway matters; safety, cumulative impacts, capacity issues
- Enforcement matters including prosecutions of breach of enforcement notices and injunctions.
- Permitted Development rights and Certificates of Lawfulness
- Community Infrastructure Levy (CIL)
- Green belt matters- including NPPF and local policy related disputes
- Development in highly sensitive locations, including Areas of Outstanding Natural Beauty
- Heritage Impact Assessment
- Enforcement of Section 106 Agreements and similar litigation
- Criminal prosecutions under the Environmental prosecutions Act 1990
- Compulsory purchase appeals and compensation claims
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 and Flood risk assessments
- Statutory Nuisance
- Public Nuisance
Public Inquiries
Hashi Mohamed has appeared at over 180 planning inquiries and hearings, including.
APP/Y3940/W/17/3190561 Old Sarum Airfield, Lancaster Road, Old Sarum, Salisbury, Wiltshire
Two week inquiry by Old Sarum Airfield Limited for approximately 462 residential dwellings, a mixture of employment, commercial / leisure, office use (Class B1) and aviation uses.
APP/H2265/W/19/3227034 Land east of Lavenders Road, West Malling, Kent
Two week inquiry by Bellway Homes Strategic for an outline application for up to 80 residential dwellings (including 40% affordable housing), open space, drainage, access and associated works.
APP/U1430/W/19/3234340 Land at Clavering Walk, Cooden, Bexhill on Sea
One week inquiry for an outline application (with all matters reserved except for means of access) for residential development of up to 85 dwellings.
APP/U1430/W/20/3270665 Land off Spindlewood Drive, Bexhill on Sea
Two week inquiry for an outline application by Exigo Project Solutions for residential development for circa 160 dwellings with all matters reserved other than access.
APP/W3710/W/18/3217924 The Long Shoot, Land North of Greendale Road, Nuneaton
One week inquiry for an outline application for residential development by Bellway Homes West Midlands of up to 75 dwellings including public open space, associated earthworks.
APP/U2235/W/20/3254134 Land West of Church Road, Otham
Two week inquiry for an outline planning application by Bellway Homes Ltd for up to 440 residential dwellings, with associated access, infrastructure, drainage, landscaping and open space.
APP/E3715/W/21/326869 Land North of Coventry Road, Long Lawford
One week inquiry for an outline planning application by Bloor Homes for residential development of up to 153 dwellings with associated landscaping, public open space and infrastructure.
APP/W/3005/W/21/3274818 Land off Ashland Road West, Sutton in Ashfield
Two week inquiry for an outline application by Bellway Homes for residential development of up to 300 dwellings with associated infrastructure and landscaping.
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
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/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.
Local Plans and Neighbourhood Plans
Hashi is advising various clients with interests linked to Local Plans and Neighbourhood Plans, including those in the private sector, strategic land, housebuilders, local planning authorities and others at the following examinations.
St Albans Local Plan Examination
Cranbrook Plan Examination
Uttlesford Local Plan Examination
Sevenoaks Local Plan Examination
Norton St Philip Neighbourhood Plan
Mendip District Local Plan Part 1 and Part 2
County Durham Local Plan
Languages
Hashi is fluent in Somali and French.
Recommendations
"Enthusiastic and with a friendly approach."
Legal 500 2022
“His engaging character helps get judges and planning inspectors on side.”
Legal 500 2020
Reported Cases
R (on the application of McLaren) v Woking BC [2021] EWHC 698 (Admin)
A case finding that there was no error on the part of a local authority in granting planning permission for the construction of a block of flats on a site that encompassed two pieces of land, where the owner of only one piece of land had executed a s.106 agreement that was required as part of the permission.
R. (on the application of Lochailort Investments Ltd) v Mendip DC [2020] EWCA Civ 1259
A case overturning High Court ruling on one ground; namely that in the absence of reasoned justification, a policy in a neighbourhood development plan which was more restrictive than national green belt policy would be unlawful.
Old Sarum Airfield v Secretary of State for Housing, Communities and Local Government [2020] EWHC 2112 (Admin)
A case where the High Court found that an Inspector had been entitled to conclude that the harm that a proposed mixed-use development would cause to a historic airfield’s open character and appearance would not be outweighed by the development’s public benefits. She had not been required to give reasons on other issues that did not affect the determination.
R. (on the application of Lochailort Investments Ltd) v Mendip DC [2020] EWHC 1146 (Admin)
A case in which the High Court found that a planning authority had been entitled to accept an examiner’s recommendation that a village’s draft neighbourhood plan met the statutory requirement under the NPPF, including those for the designation of local green spaces, and should proceed to a referendum.
Wiltshire Council v Secretary of State for Housing, Communities and Local Government [2020] EWHC 954 (Admin)
Case in which a planning inspector, in granting planning permission for the change of use of annexed accommodation, had erred in finding the subdivision of an existing residential planning unit, comprising a single dwelling and separate annex, into two dwellings. This was particularly concerned with whether it fell within the scope of exception against isolated rural development in the NPPF paragraph 79(d).
R. (on the application of Lochailort Investments Ltd) v Mendip DC [2019] EWHC 2633 (QB)
Case seeking interim relief to prevent local planning authority from holding a referendum on a draft neighbourhood plan where the applicant had a reasonable prospect of succeeding on its proposed claim for judicial review.
R. (on the application of Shropshire Council) v Secretary of State for communities and Local Government [2019] EWHC 16 (Admin)
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)
The High Court upheld Gedling Borough Council’s decision to grant planning permission for the erection of a wind turbine in the Green Belt.
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

Commencing from Monday 19th October at 09.45 on BBC Radio 4, No5 planning barrister, author and presenter Hashi Mohamed...

Date: Fri, 16 Oct 2020
Hashi Mohamed and Tim Jones discuss the latest case on Neighbourhood Plans – what it means to be meet the ‘basic conditions’, designating local green spaces, and the difference between NPs and Local Plan processes....

Date: Fri, 29 May 2020
Appeal Decision: Land at Clavering Walk, Cooden, Bexhill-on-Sea...

Date: Mon, 17 Feb 2020