Nina Pindham

Viewing: Planning and Environment for Nina Pindham

Nina has a wide-ranging planning practice focusing in particular on environmental law matters in the context of planning applications, including controversial minerals development, hazardous substances consent, waste, EIA, SEA, agriculture, water, air quality, and nature conservation issues. She is editor of the Trees Chapter in Butterworth’s Planning Law Encyclopedia and a legal editor of the ENDS Report. She has appeared before the High Court, Court of Appeal, and the Aarhus Convention Compliance Committee and regularly prosecutes and defends environmental law matters in the criminal courts.
She is ranked as a Tier 1 Planning/Environmental Junior in the Legal 500 (“a rising star”), as one of the country’s top rated juniors by Planning Magazine, and has been ranked as a leading junior by Chambers and Partners every year since 2016. Comments include: “She is only a junior barrister but her ability to crack intellectually challenging issues is unbelievable. If you think of it as chess, she is always three or four moves ahead of the opposition” (2016), “Very sharp, very intelligent and has a tremendous capacity to take in a great deal of information and get straight to the point” (2018), “Easy to work with, very knowledgable and a great communicator and advocate” (2020)
Planning
Housing
Nina has acted for developers, local authorities and third parties in a range of housing appeals. Work includes acting for developers at inquiries where issues involved policy, heritage, housing land supply, noise, and transport and highways impact; and successfully challenging and defending decisions. She has appeared before the High Court and Court of Appeal in a number of cases concerning the legality of planning decision-making: R (on the application of Flemming) v Wiltshire Council [2015] EWHC 1260 (Admin) (compliance with the development plan); R (on the application of Dudfield) v Forest of Dean DC [2016] EWHC 291 (Admin) (consideration of environmental impacts in decision-making); R (on the application of Hampton Bishop PC) v Herefordshire Council [2014] EWCA Civ 878 (led by Richard Kimblin QC) (section 38(6) of the Planning and Compulsory Purchase Act 2004). She acted for the Interested Party in R (on the application of Dukeminster Ltd) v Exeter City Council [2014] EWHC 664 (Admin) (the materiality of planning considerations, including the role of viability concerns in the context of statutory consultees’ deliberations and ransom strips) (led by Ian Dove QC).
Neighbourhood Plans
Nina has experience at all stages of the neighbourhood plan process on behalf of developers, local planning authorities and neighbourhood planning groups. She regularly appears on behalf of clients at neighbourhood plan examinations. She was instructed for the claimants in Richborough Estates Ltd v Secretary of State for Housing, Communities and Local Government [2018] EWHC 33 (Admin) concerning the development industry’s challenge to the Written Ministerial Statement on Neighborhood Planning.
Examinations in Public
Nina has appeared at a large number of Examinations in Public. Work includes appearing for developers proposing strategic scale sites, including new towns, opposing allocation of land as Local Green Space;, appearing for a developer opposing a proposed mayoral referendum prior to the grant of planning permission for new residential development; and appearing for developers in relation to flaws in the Sustainability Appraisal.
Permitted Development Rights
Nina regularly advises on the availability of permitted development rights, and the use of planning conditions to exclude those rights. She acted for the successful Defendant in Stevens (t/a KCS Asset Management) v Blaenau Gwent CBC [2015] EWHC 1606 (Admin), a case concerning solar energy development and the applicability of the EIA regime to permitted development rights in Wales (led by Richard Kimbin QC).
CIL/Section 106
Nina has advised a range on of clients on the applicability of the CIL Regulations to specific contributions, including advice on the legality of district and county-wide policy on contributions. She has acted for developers challenging requested contributions and for local planning authorities defending requests. She has appeared at affordable housing appeals under s. 106BC Town and Country Planning Act 1990. She was junior to Richard Kimblin QC in a leading case on reg. 122: R (on the application of Hampton Bishop PC) v Herefordshire Council [2014] EWCA Civ 878.
Enforcement/CLEUD/CLOPUD
Nina regularly advises on these matters and appears at enforcement inquiries and prosecutions in the Magistrates’ Courts. Work includes: (i) a s. 174 inquiry concerning wind farm development; (ii) a s.174 inquiry successfully alleging that an enforcement notice against an alleged change of use was invalid; (iii) a s.195 appeal against the refusal of a CLEUD in respect of a householder extension; (iv) successfully acting for local planning authorities at appeals on the basis of alleged breaches of planning control. She has extensive experience relating to agriculture and office to resi conversion applications.
Committal Orders/POCA
Nina has successfully acted in a number of claims concerning committal orders for failure to comply with enforcement notices . She has also successfully applied under POCA for a confiscation order relating to the proceeds of an illegal subdivision of a property into residential flats, and for the proceeds of heritage crime subsequent to the sale of the property.
Heritage
Nina regularly advises on heritage issues. She has successfully appeared at a number of planning inquiries where a main issue has been the heritage impact of the development. She appeared for the Claimant in R (on the application of Fulford Parish Council) v City of York Council [2013] EWHC 3924 (Admin), a case concerning the location of the Battle of Fulford (led by Ian Dove QC), and a leading case on the setting of heritage assets: Steer v Secretary of State for Communities and Local Government 2018] EWCA Civ 1697.
Village Greens
Nina has experience acting for a local planning authority at a village green inquiry. She acted for the successful Defendant in R (Kier Ventures Limited and Rubery Owen Holdings Limited) v Birmingham City Council, a case concerning the requirements for duly made village green applications and subsequent amendments (led by Ian Dove QC).
Special Controls
Nina has experience of s.215 notices, has appeared before the Upper Tribunal in relation to compensation under the TPO regime, and regularly advises in relation to advertisements and restrictions applying to development in the Green Belt.
Environment
Nina has appeared in a number of leading strategic environmental law claims, including R (Friends of the Earth Ltd) v Secretary of State for Housing, Communities and Local Government [2019] EWHC 518 (Admin) concerning the failure to carry out an assessment of the environmental impacts of the National Planning Policy Framework, a complaint before the UNECE Aarhus Convention Compliance Committee resulting in the Aarhus costs regime being extended to claims under s.288 of the Town and Country Planning Act 1990, and Fish Legal’s successful claim that an energy company is a public authority for the purposes of the Environmental Information Regulations 2004.
Water Law
Nina has particular expertise in water law, having served as a co-convener of the United Kingdom Environmental Law Association’s Water Working Party for six years, through which she has participated in numerous consultations on changes to the water sector. She has also advised local authorities of their powers and duties under the Flood and Water Management Act 2010, in relation to private water supplies, and in relation to private surface water sewers. She regularly defends water companies against prosecutions for breaches of the terms of a permit. She has successful experience of the use of the civil penalty regime for environmental offences under Regulatory Enforcement and Sanctions Act 2008. She has also led several successful prosecutions for large water companies. She appeared in the Court of Appeal in R (on the application of Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2016] EWCA Civ 797, the leading case on the interpretation of “environmental damage” (led by Richard Kimbin QC).
Minerals
Experience includes successfully arguing for the validity of a restoration condition in relation to the last remaining coal mine in England; determining the status of a mine (whether pre-1948 and therefore one to which the GDO regime applied); and advising applicants and mineral planning authorities on controversial applications including in national parks and other highly sensitive areas, including fracking applications. She acted for the defendant mineral planning authority in R (Haden) v Shropshire Council [2020] EWHC 33 (Admin).
Energy
Nina has assisted at an inquiry regarding the development of a sub-station for a billion-dollar offshore windfarm in Norfolk (led by Richard Kimblin QC). She advised statutory consultees on issues arising from major energy developments such as Hinckley Point C development and the ABLE Marine Energy Park. She also regularly advises in relation to renewable energy development.
Nature Conservation
She was seconded to Natural England, where she advised on the applicability of marine conservation laws to the Crown and issues arising under the Highways Act, the Natural Environment and Rural Communities Act, the Wildlife and Countryside Act, the Conservation of Habitats and Species Regulations and the Habitats Directive.
Nuisance
Nina advises on both statutory and private nuisance cases, including a private nuisance claim against a statutory undertaker. She regularly acts in claims for and against developers, particularly in the context of intensive livestock applications. She acted for the claimant in R (Smith-Ryland) v Warwick DC [2018] EWHC 3123 (led by Paul Cairnes QC) (Admin) concerning the implications of consent for residential development adjacent to a working farm.
Interests
Prior to training as a research scientist Nina was an award-winning artist. Her undergraduate thesis research was published and resulted in the revision of government policy. She has lived and worked in Lebanon, India, Italy and Estonia and speaks French, Italian, Levantive Arabic and Estonian to varying degrees of proficiency. She is presently studying Modern Standard Arabic and improving her Hindi. Her hobbies are long distance running, ideally in the Lake District, and listening to live music.
Awards
Acadia University Entrance Award
Ashler Award
Sir Stephen Chapman Scholarship
Shortlisted for Pro Bono Award, Birmingham Law Society
Memberships
United Kingdom Environmental Law Association (Trustee and Council Member)
Planning and Environment Bar Association (Committee Member)
Administrative Law Bar Association
Qualifications
BSc(Hons) Acadia University
GDL Manchester Metropolitan University
BPTC College of Law

Latest News & Publications

This case is a pertinent reminder of the way in which political considerations can lawfully affect...

Date: Fri, 12 Jun 2020
Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt...

Date: Thu, 23 Jan 2020
Those promoting and determining development proposals in the area of influence of sites protected un...

Date: Tue, 08 May 2018