39 Essex Chambers

Peter Village QC continues to dominate high-profile cases in planning and environmental law and has a long history of advising and appearing in environmental law cases, particularly concerning waterways, airports and waste planning. He has been involved in one of the highest profile planning cases in recent years, R (Cala Homes) v Secretary of State for Communities and Local Government [2010] 2866 (admin) (Nos 1 2 and 3), successfully challenging the coalition government’s abolition of regional strategies a part of its reforming agenda under the localism bill and thereafter acting on the planning inquiry and challenge to the S/S’s decision in respect of Barton Farm Winchester, which culminated in the eventual grant of planning permission for 2000 homes in September 2012. He was leading counsel for the Environment Agency in the leading case of Rowland v Environment Agency [2003] EWCA Civ 1885, which is the most modern consideration of the law relating to public rights of navigation, where it successfully defeated a claim to a stretch of the River Thames as private waters. In 2009 Peter acted for the successful claimants in Capel Parish Council v Surrey County Council, where he successfully quashed the Surrey Waste Plan (Core Strategy) in relation to its proposals for a new waste incinerator at Capel. In related proceedings he also successfully quashed the planning permission for that proposal: Capel Parish Council v Surrey County Council [2009] EWHC 350 (Admin). This was the second successful challenge to the grant of planning permission from an alleged energy from waste incinerator on the former brickworks site outside Capel, the previous challenge being in 2002. He continues to advise both residents groups and waste operators in relation to various forthcoming proposals up and down the country. His experience in aviation noise and the correct application of PPG 24 was invaluable in the recent case for Taylor Wimpey and Persimmon at North East Sector Crawley and the proposal for nearly 2,000 new dwellings adjacent to Gatwick Airport. After long-running litigation spanning ten years, the Secretary of State granted planning permission following two inquiries. Peter Village QC appeared for Lydd Airport where issues of ecology and the Habitats Directive dominated the six month inquiry. A decision is awaited. He has particular expertise with regard to the practical application of the Habitats Directive, having acted for Taylor Wimpey in respect of It’s proposals for 1,130 dwellings in Bracknell. The case involved careful analysis and application of the Habitats Directive and SANGS (Suitable Alternative Natural Green Space). Peter also successfully acted in the major High Court odour nuisance trial relating to his client’s organic composting operations (Hinton Organics) near Bath: Morgan & Baker v Hinton Organics defeating the Claimants’ claim. The case is brought by two local residents and may have important ramifications for the future of such operations.

Called 1983, Inner Temple; called to the Bar of Northern Ireland 1997; QC 2002.

PEBA.

Repton School; Leeds University (LLB Hons).