Howard Leithead

Viewing: Planning and Environment for Howard Leithead

Howard specialises in Planning and Environmental Law.
He is a busy court and inquiry advocate who appears in a range of courts and tribunals from magistrates’ courts to the Court of Appeal.
Howard regularly acts for and advises a wide range of clients including local authorities, developers, campaign groups, local residents, and private individuals, both in his own right and with senior members of the Group. His expertise includes:
Enforcement
- Appeals to the Secretary of State against enforcement notices and section 289 appeals to the High Court
- Criminal proceedings resulting from enforcement proceedings, including in relation to breaches of enforcement notices, listed building enforcement notices, and breach of condition notices
- Confiscation proceedings under the Proceeds of Crime Act 2002 (POCA)
- Appeals against conviction for breach of enforcement notices
- Allegations of deliberate concealment (in relation to Planning Enforcement Orders) and positive deception
- Injunctions relating to gypsy and traveller sites
- Advertising control
- Section 215 notices
- Warrants to enter land under section 196B
Appeals:
- Land at Flat 5, 28 Harrington Gardens, London, APP/K5600/C/18/3195807 (808), represented the developer in an appeal against an enforcement notice, which was eventually withdrawn after reaching agreement with the local planning authority
- Land at Elgar Coaches, Lightwood Lane, Cotheridge, APP/J1860/C/17/3187661 (665), represented the local planning authority in an appeal against enforcement notices, which was allowed only on a very limited basis
- Land at Watercress Farm, Bristol Road, Wraxhall, APP/D0121/C/18/3194965 (994/995), represented the developer in an appeal against an enforcement notice
Development
- Appeals to the Secretary of State after refusal of planning permission
- Judicial review claims and section 288 appeals (including being instructed by HM Government in matters relating to the Heathrow Third Runway Project)
- Various aspects of compulsory purchase, including representing the Secretary of State for Transport (in relation to HS2) in references to the Upper Tribunal
- Interpretation and implementation of planning permissions and listed building consents
- Mineral permissions
- Implications of planning permissions granted by mistake
- Interpretation of conditions
- Section 106 agreements
- Use Class disputes
- Lawful development certificates
- Permitted development rights and article 4 directions
- Powers of a local planning authority to appropriate land
- Rights to light and other easements impeding development
Particular policy areas advised on include:
- Heritage (including development in conservation areas)
- Affordable housing
- Highways issues
- Interpretation of development plan policy
- Viability
- Community Infrastructure Liability (CIL)
- Vacant building credit
- Parking
- Barn conversions
- Mobile homes and caravans
- Public sector equality duty
- Flood risk
- Waste management
- Houses in multiple occupation
Appeals:
- Land at Barn, Back Lane, Darley Moor, Matlock, APP/P1045/X/19/3223796, represented the local planning authority in an appeal against the refusal to grant a lawful development certificate
- Land to the east of Reading Road, Lower Shiplake, Oxfordshire, APP/Q3115/W/19/3220425, led by Christopher Young QC, successfully secured planning permission for a retirement village (accommodation for the elderly, highways, landscape and visual impact, affordable housing)
- Land at Oakhurst Rise, Charlton Kings Cheltenham, APP/B1065/W/19/3227293, led by Satnam Choongh, represented the developer in an appeal against the local planning authorities refusal to grant planning permission for a housing development (heritage, arboricultural, ecology, affordable housing)
- Land at Clack Hill, Kettering Road, Market Harborough, APP/F2415/W/17/3190327, successfully acted for the local planning authority and secured a costs award against the appellant after it withdrew its appeal shortly before the Inquiry was scheduled to take place (landscape and visual impact, five-years housing land supply)
- William Sutton Estate, Cale Street, London, APP/K5600/W/17/3177810, Secretary of State decision, represented Save the Sutton Estate, a Rule 6 Party, which successfully opposed the proposed demolition and redevelopment of the Sutton Estate (heritage, design, effect on character and appearance of the area, viability)
- Land south of High Street, Tetsworth, Oxfordshire, APP/Q3115/W17/3182192, led by Jeremy Cahill QC, acted for the developer in an appeal against the local planning authorities refusal to grant planning permission for a housing development (landscape and visual impact, sustainable travel, highways, educational provision)
- Land at Foxley Lane, Binfield, Berkshire, APP/R0335/W/17/3177088, led by Christopher Young QC, represented the developer in an appeal against the local planning authorities refusal to grant planning permission for a housing development (landscape and visual impact, objectively assessed housing need, five-years housing land supply, affordable housing, heritage, agricultural land, highways, sustainability, air quality and impact on a Special Protection Area (SPA))
- Mythe Bridge House, Tewkesbury, Worcestershire, APP/J1860/X/3171996, successfully represented the local planning authority in an appeal against a refusal to grant a lawful development certificate
- Land to the north of Oaks Road, Great Glen, Leicester, APP/F2415/W/17/3167654, represented the local planning authority, which did not give evidence in the appeal (landscape and visual impact, five-years housing land supply, sustainable travel, drainage and flooding)
- Land at Daw Mill Colliery, Arley, North Warwickshire, APP/R3705/W/16/3149827, led by Christopher Young QC, Secretary of State decision, represented the local planning authority, which successfully opposed a proposed development on a former mining site (Green Belt, landscape and visual impact, ecology, noise, tranquillity, restoration plan, employment land)
- Land south east of Warwick Road, Kibworth Beauchamp, APP/F2415/W/16/3152485, represented the local planning authority, which did not give evidence in the appeal (educational provision, sustainable travel)
Notable cases:
- Miah v Secretary of State for Transport; Diamond and Diamond v Secretary of State for Transport (Upper Tribunal (Lands Chamber), 2020), valuation references relating to properties compulsorily purchased as part of the HS2 project
- R (Besser) v Brighton and Hove CC and (1) AGB Reading LLP (2) The Brighton and Hove Hebrew Congregation (Court of Appeal, 2020), led by Christopher Young QC, successfully opposed a judicial review claim in the Court of Appeal representing the developers of a development including a new synagogue; appeared unled in the High Court
- Retirement Villages Development Ltd v Oxfordshire CC (High Court, 2020), led by Christopher Young QC, judicial review claim linked to a planning appeal concerning Land to the east of Reading Road (see above) concerning the speed limit on a stretch of road adjacent to the appeal site, which was discontinued after the Secretary of State granted planning permission
- Lucy Developments Ltd v SSHCLG (High Court, 2019), led by Richard Kimblin QC, successfully challenged an appeal decision in a section 288 appeal concerning a residential development where the Secretary of State consented to judgment
- R (Mencke) v London Borough of Islington (High Court, 2019), acted for a local resident opposing a controversial development near her property
Environmental
- Appeal to the Secretary of State after refusal of an environmental permit
- Statutory nuisance
- Private nuisance
- Judical review claims
- Waste disposal prosecutions
Appeal:
- Nine Mile Point Industrial Estate, Cwmfelinfach, Caerphilly, ENV/3172985 (air quality)
Other
- Successfully opposed application to discharge extended civil restraint order in Bozeat v Hannington PC and Swindon BC [2019] EWHC 2894
Further Experience
- Howard regularly writes articles and gives papers at seminars and conferences on topical matters in planning and environmental law. He features in No5 Planning Podcasts and has contributed to the NAPE Planning Enforcement Handbook.
- He has also been involved in training professional witnesses for planning inquiries.
Awards
Major Scholarship, Inner Temple
Exhibition Award, Inner Temple
Lightfoot Prize, University of Cambridge
Senior Scholarship and Tripos Prize, Trinity College, Cambridge
Memberships
Planning and Environment Bar Association (PEBA)
Inner Temple
Qualifications
GDL and BPTC, City University, London
MPhil, Trinity College, Cambridge (Distinction)
BA (Hons), Trinity College, Cambridge (First Class)

Latest News & Publications

Oxton Farm v Harrogate BC [2020] EWCA Civ 805...

Date: Wed, 08 Jul 2020
R (on the application of Advearse) v Dorset Council [2020] EWHC 807 (Admin)...

Date: Mon, 27 Apr 2020
Bromley LBC v Persons Unknown [2020] EWCA Civ 12...

Date: Wed, 12 Feb 2020