Daniel Stedman Jones

Year of call:
2011
Email:
daniel.stedmanjones@39essex.com

Clerks:
+44 (0)20 7832 1111

“Outstanding Advocate” “A pleasure to work with” “Dynamic” “Commercially Aware”
Chambers UK 2017

Daniel Stedman Jones specialises in planning and environmental law and regularly acts in public inquiries, High Court and Court of Appeal proceedings. He is regularly instructed by developers, companies, central and local government authorities, landowners and local residents. Clients have included Persimmon Homes, Commercial Estates Group, Crownhall Estates, Everything Everywhere, OFGEM, Ovo Energy, many local authorities and campaigning groups.

Daniel is a member of the Attorney General’s C Panel of Junior Counsel to the Crown.

He is the co-editor of Sweet & Maxwell’s Planning Law: Practice and Precedents and a joint editor of the 39 Essex Chambers Planning, Environmental and Property Law Newsletter. He is also a contributor to Shackleton on the Law of Meetings. Daniel also practices in public, regulatory and competition law, with a particular emphasis on the energy sector.

Before coming to the Bar, Daniel worked for the leading independent think-tank Demos and as a government policy adviser for the New Opportunities Fund on local environmental, health and education projects. He completed a phd in economic policy and deregulation in Britain and the United States at the University of Pennsylvania and has a special interest in economic regulation, which continues in practice at the intersection of commercial, energy, environmental, and public law.

Planning, Environmental and Public Law


Daniel acts on behalf of developers, local authorities and local action groups in all types of proceedings including in public inquiries, the High Court and Court of Appeal. He advises on all aspects of planning and environmental law. He is the co-editor of Sweet & Maxwell’s Planning Law: Practice and Precedents and a joint editor of the 39 Essex Chambers Planning, Environmental and Property Newsletter. He is also a contributor to Shackleton on the Law of Meetings.

Examples of Daniel’s recent Planning and Environmental work include:

Planning Inquiries

  • Acted for Crownhall Estates (with Richard Harwood QC) in section 78 Appeal against refusal of planning permission for 24 houses in Loxwood, Chichester.
  • Acted for LPA against Paul Cairnes QC in a section 78 appeal against refusal of planning permission for 25 houses in East Hampshire.
  • Acted for the LPA against Sasha White QC in respect of a section 78 appeal against refusal of planning permission for a 38 dwelling development in East Hampshire.
  • Acted (with Peter Village QC) in a section 78 appeal in relation to a multi-million pound property in Hampstead.
  • Wide experience of Planning enforcement inquiries – including in respect of multi-million pound developments in London and Essex.

Environmental Judicial Reviews

  • R (Whitstable Society) v Canterbury City Council [2016]: Acting for the claimant into a challenge to the disposal of open space land.
  • R (Urmston) v City of York Council / Persimmon Homes Ltd [2016]: Acted for the Interested Party in a challenge under the Environmental Information regulations and the EIA regulations to the approval of reserved matters, procuring the certification of the claim as Totally Without Merit (TWM) in both the High Court and the Court of Appeal.
  • R (Fulford Parish Council) v City of York Council [2014]: Acted for the Interested party developer (with Peter Village QC) in a JR challenge based on EIA grounds to a 700 home development in Yorkshire.
  • R (Jones) v City of York Council / Persimmon Homes Ltd [2013 / 2014]: Acted in an EIA-related JR challenge to the approval of reserved matters, procuring the certification of the claim as TWM in both the High Court and the Court of Appeal.
  • R (Gilman) v South Kesteven District Council / Commercial Estates Group [2013 / 2014]: Successfully acted (with Peter Village QC) in these proceedings challenging the grant of permission for an Urban Extension up to the Court of Appeal (when the Claimant withdrew his claim) for the interested party.
  • R (London Spoil Ltd) v Buckinghamshire CC / DB Schenker [2013]: Successfully acted as sole counsel in JR proceedings concerning unlawful waste disposal in Buckinghamshire, which were settled the day before the final hearing when the other side’s case collapsed.

Planning JR & Section 288/289 Appeals

  • R (Pearson) v Camden Borough Council [2016]: Acted for the claimant in a challenge to a grant of planning permission in the Stoke Newington Conservation Area.
  • R (Crownhall Estates) v Chichester DC [2014-2016]: Successfully acted (with Richard Harwood QC) for the developer in this challenge to the lawfulness of a Neighbourhood Plan, in which the Council submitted to judgment.
  • Wood v Secretary of State for Communities and Local Government [2015] EWHC 2368 (Admin) section 288/289: Appeal against planning inspector’s grant of conditional planning permission.
  • R (Banks) v Babergh District Council [2015]: Acted (with Thomas Hill QC) in a challenge to the grant of planning permission concerning §135 of the NPPF.
  • R (Atkins) v Tandridge District Council [2014/2015]: Acted (with John Steel QC) in relation to a challenge to a change of use of a motocross track.
  • R (Rarity) v Stockport City Council [2014]: Successfully acted on behalf of Cheadle Hulme School (with Peter Village QC) in a challenge to the grant of planning permission for new sports facilities, again securing an order that the claim was Totally Without Merit.
  • Wynn-Williams v Secretary of State for Communities and Local Government [2014] EWHC 3374 (Admin): Acted in an important case on the interpretation of §14 of the NPPF.

Town & Village Green (TVG) & Highways / Footpath Inquiries

  • Acted on behalf of landowners, local authorities and local residents in non-statutory and statutory inquiries.
  • 2016: DMMO Proceedings, Hertfordshire.
  • 2015 – 2016: Acting for the Order-making Authority in DMMO Inquiry in Buckinghamshire.
  • 2013 – 2016: Acted in DMMO inquiries in Essex, Somerset, Derbyshire and Buckinghamshire.
  • 2012 – 2014: Acted in a long campaign to prevent development on a potential TVG site in Canterbury.
  • 2014: Acted on behalf of the landowner in TVG inquiry in Estcourt Road, Gloucester.
  • 2013: Acted against Vivian Chapman QC in a TVG inquiry in Prestbury, Gloucestershire.
  • 2012: Acted against Douglas Edwards QC in a TVG Inquiry in Newport, Shropshire.

Other Planning / Environmental/ Public Work

  • Acting in a series of environmental nuisance claims (with Justine Thornton and Stephen Tromans QC) arising from the Barr v Biffa litigation in the Court of Appeal
  • Advising on the responsibilities arising from the widespread flooding damage in 2014
  • Advising on the application of the contaminated land regime in Part IIA of the EPA 1990
  • Planning Injunctions / Party Wall Injunctions
  • Familiarity with EIA / Permitted Development rights/heritage and historic development issues / Lawful Development Certificate applications and process / Habitats and Marine Protection

Regulatory and Competition Law


Daniel practises in public law with a particular emphasis on economic regulation and competition. As will be noted above, he has wide experience of judicial review, especially in energy, environmental and planning matters.

During 2014, Daniel has worked closely with Ofgem. Initially seconded to work in the Networks team on R (UKPNS) v Gas and Electric Markets Authority [2014] EWHC 3678 (Admin) and the application of the competition test (introduced as part of the DPCR5 Price Control), he subsequently worked on the Competition in Connections market study.

In particular, Daniel has experience of:

  • Ofgem determinations
  • The RIIO regulatory regime,
  • The Gas Act 1986 and Electricity Act 1989, the Energy Act 2004
  • Regulatory licences, industry codes and standards
  • SPAA Modifications
  • RIGS
  • Chapter I and II of the Competition Act 1998
  • Article 101/102 of the TFEU.

He has also been instructed to act by an energy supplier (with Duncan Sinclair) in respect of the Gas and Electricity retail Market Investigation Reference to the Competition and Markets Authority.

Daniel often acts in both civil and criminal proceedings brought under the Enterprise Act 2002 for enforcement orders against breaches of domestic and European consumer law legislation.

Commercial


Daniel has a broad practice in commercial law including contractual disputes, . Since becoming a tenant, and from his previous career of strategic advisory work and doctoral research on economic policy and regulation, Daniel has experience of financial and sectorial regulation, professional negligence, construction, and arbitration.

Recent cases include acting as a junior (to Marion Smith) in a professional negligence action against a former employee of a magic circle firm and a commercial dispute arising out of a shareholder agreement and advising (as junior to David Brynmor Thomas) on matters arising out of a loan agreement and credit facility in Eastern Europe.

Daniel is a contributor to Construction Contracts: Law and Practice Richard Wilmot-Smith QC (OUP) 2014.

Common Law


Daniel accepts instructions in a broad range of common law matters and acts as both sole and junior counsel for both claimants and defendants in small claims, fast track and multi-track cases in the county courts and the High Court. Daniel also drafts pleadings and advises on liability and quantum.

In 2014, he acted with Matthias Kelly QC in high-value employers liability claim. He is currently instructed with Matthias Kelly QC in a multi-million pound clinical negligence action.

Call +44 (0)20 7832 1111 for more information

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