John Pugh-Smith

Year of call:
1977
Email:
john.pugh-smith@39essex.com

Clerks:
+44 (0)20 7832 1111

“As safe a pair of hands as you’d expect from such an experienced practitioner.”
Chambers & Partners 2017

John Pugh-Smith’s principal practice areas are town and country planning and environmental law. He deals with related local government, parliamentary and property work. He is also an experienced mediator (for John’s specialist mediator profile, please click here). In growing recognition of John’s wide-ranging planning and mediation experience, he has also been appointed both as a Design Council Cabe Built Environment Expert and as one of the DCLG’s “Section 106 brokers”.

Environment, Planning & Property


Housing

John is regarded highly as a leading practitioner in dealing with residential development. The Planning magazine survey of the legal profession has particularly noted his expertise in housing and development plan work. Recent projects have taken him to Cambridgeshire, Dorset, Kent, Leicestershire, Norfolk, Somerset, Stockton-on-Tees, Surrey and within Greater London. He is currently acting on a variety of strategic schemes with attendant forward planning and development management implications. He regularly has to address affordable housing and viability issues and section 106 variations including in his role as a DCLG “broker”. From working with several operators over many years, John has also gained particular expertise in the retirement sector in respect of sheltered housing, assisted living and care home developments.

Institutional and Commercial Development

Over the last few years, John has acted for a variety of institutional and educational bodies, including English Heritage, Hertfordshire County Council, Hampshire Police Authority and St John’s College, Cambridge, as well as being involved with the promotion of several commercial developments, including, within the Green Belt, a major hotel extension, various leisure enterprises and a private burial ground. Building on his experience of complex heritage related projects, John has recently acted for various promoters/appellants seeking to convert listed former “super cinemas” to new uses including a multi- screen cinema/conference centre with enabling residential development and Class D1 uses. He has also represented objectors to the conversion of a Grade I listed church (St. Marks, North Audley Street, Mayfair) to a health spa,  to proposals for a new mosque adjacent to Sandhurst RMA, Camberley, Surrey, and to the “mega-mosque” proposal for Abbey Mills, Newham.

Minerals

John’s more contentious inquiries have included Celcon’s new block factory in Kent and peat extraction in North Lincs and Somerset He also represented Grundon at an inquiry into sand extraction in the Wessex Downs AONB.

Environment

John’s environmental work overlaps with his planning practice. He has particular expertise in Environmental Impact Assessment issues. In addition to the examples already given, his project involvement has also covered waste management and contaminated land issues. He also has particular experience with nature conservation issues involving European protected sites and species in addition to his authorship of that subject chapter on Oxford University Press’s Environmental Law.

Compulsory Purchase and Compensation

John has advised and acted for acquiring authorities and objectors, most notably for Gloucester City Council on the Blackfriars city centre redevelopment project. His recent public inquiry appearances include for Arcelor Mittal, the leading landowner objector to TFL’s East London Transit Barking Riverside CPO, for the objectors to No. 549 Lordship Lane, Southwark CPO, and, for PA Freight Services, the lead objectors at the A46 highway improvements supplementary orders public inquiry (Newark). He is recently acted for Caerphilly County Borough Council on the outstanding compensation aspects of the A469 Lower Rhymney Valley Relief Road.

Recent significant inquiries and hearings

Chard, Somerset: Appeal inquiries into proposals for 450 houses, associated facilities  and re-location of football ground. Acting for Council,
Abbey Mills , Newham, East.London: Appeal inquiry into 9,000 capacity mosque and associated facilities. Acted for local action group
Pinner Road, Northwood: Enforcement appeal inquiry into whether a mixed development of 64 flats and a supermarket should be demolished. Acted for the owners.
Greater Norwich Joint Core Strategy Re-examination Hearing: Acted for consortium of promoters.
Ingelby Barwick, Stockton-on-Tees: Appeal inquiry into a proposal for 350 houses and a Free School. Acted for the Council.
Barrow-Upon-Soar: SSLCG recovered appeal inquiry into a proposal for 350 houses . Acted for Parish Council.
Chieveley Quarry, Newbury: Appeal inquiry into further sand extraction . Acted for mineral operators.
A46 Supplementary Orders: Road inquiry. Acted for principal objectors over 18 sitting days.

Recent significant cases

R (Community Against Dean Super Quarry Limited) v Cornwall Council & Shire Oak Quarries [2017] EWHC 40 (Admin) – enforcement of EIA development-delay- inadequate consideration of Habitats Regulations – retrospective planning application – declaration of illegality refused
R (Roskilly) v Cornwall Council & Shire Oak Quarries Limited [2015] EWHC 3711 (Admin) – Environmental Impact Assessment. Planning permission with negative scoping opinion overridden by later positive screening direction.
Saunders v Caerphilly County Borough Council [2015[ EWHC 1632 (Ch): Compulsory Purchase Order compensation. Application of the Limitation Act 1980 ss..9, 29(5) to claim requiring Authority to refer matterto Upper Tribunal (Lands Chamber).
Barrow Parish Council v Secretary of State for Communities & Local Government [2014] EWHC 274 (Admin):  NPPF, paras.47 & 49 interpretation. Five year housing shortfall. Realistic prospect of some development being built within that period.
JB  Trustees Ltd  v  Secretary of State for Communities & Local Government  [2013] EWHC 3555 (Admin):  Lack of legal standing and absence of any merits of  challenge to block rival housing developer’s planning permission
R (Millgate Developments Ltd) v Wokingham Borough Council [2011] EWCA Civ 1062: S.106 Undertakings – inability to vary or discharge within 5 years but ability to refund contributions.

Recent significant articles

Planning Law – Lawyer Magazine (June 2015)
Down but not out! – Planning, Environmental & Property Newsletter (June 2015)

Mediation


John brings to his wider role as a successful mediator his professional experience, gained over the last 35 years, of dealing with the public and private sectors, and, interest groups, as clients. He has been involved with mediating disputes relating to a diverse range of issues including breach of contract, professional indemnity, property, personal injury, planning, community and religious differences. He became a CEDR accredited mediator in 2005. By way of further training John completed MATA’s Advanced Mediator Training Course in 2007 focusing on cross-cultural disputes and multi-party mediations amongst other topics. He is an active promoter of mediation, to which end he is part of the advisory panel to the recently formed All Party Parliamentary Group on Alternative Dispute Resolution (Feb. 2016) and , a member of the Bar Council’s ADR Committee. . In November 2012 he was appointed one of the panel mediators for the Department of Communities and Local Government’s programme for releasing “stalled developments”. He is also a recommended member of the mediator panels for the RICS, IPOS  and the Centre for Justice as well as 39 Essex Chambers. He is a Member both of the Chartered Institute of Arbitrators and the Civil Mediation Council.

For John’s specialist mediator profile, please click here.

 

 

 

 

 

 

Energy


John has been involved with a growing number of renewable energy projects including several planning applications, inquiries and related litigation for the development of wind farms and solar/biomass proposals.

Infrastructure


John acted for London City Airport in the DLR Extension Transport and Works Act Inquiry and appeared before the Crossrail Parliamentary Select committee for the Residents Society of Mayfair and St James. He has also been involved with other transport related projects including HS2.

Recommendations


 

John is recommended for his Planning law expertise in both Chambers & Partners and the Legal 500. Acquisition International also named John as Environmental Barrister of the Year 2013 and Lawyer Monthly did so as Planning & Environmental Barrister of the Year 2015.

Quotes

“Approachable and calm. As safe a pair of hands as you’d expect from such an experienced practitioner.” “Really good with clients: he’s not afraid of taking the bull by the horns and getting to the facts, giving the right advice even if he thinks that advice will be unpopular.” Chambers & Partners 2017
He is very personable and has a very good rapport with clients.” Legal 500 2017
“His conduct is always courteous and gentlemanly, and he brings to bear his long experience.” Legal 500 2016
“A commercial and astute practitioner” Legal 500 2015
“‘able practitioner'” John Pugh-Smith ‘doesn’t get as much credit as he deserves'” Chambers UK 2013
“the ‘tenacious’ John Pugh-Smith, who spends the majority of his time in public inquiry appearances” Chambers & Partners 2012
“a man with a profound knowledge and understanding of planning law, particularly in relation to wind farms and  housing” Chambers & Partners 2011
“absolutely unparalleled knowledge of town and country planning” Chambers & Partners 2010
“highly recommended and appreciated for his ‘strong leadership’ and ‘mediatory approach to appeals, rather than combative'” Legal 500 2009
“user-friendly and making a tremendous effort for his client” Chambers & Partners 2008
“a safe pair of hands” Chambers & Partners 2007

John's Practice Areas


John's Sectors


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

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