Ned Helme

Year of call:
2006
Email:
ned.helme@39essex.com

Clerks:
+44 (0)20 7832 1111

“He is excellent and as bright as a button”
Chambers & Partners (2015)

Ned Helme specialises in administrative and public law, environmental and planning law, financial services law, local government law and regulatory and disciplinary law. He is ranked in both the Legal 500 and Chambers & Partners and is a General Editor of the Sweet & Maxwell Environmental Law Bulletin.

Banking & Finance


Financial Services and Regulatory & Disciplinary Law

Ned has considerable experience of financial services and acts regularly for the Financial Ombudsman Service in both the High Court and County Court. He has undertaken part-time secondments to both the Financial Ombudsman Service and the Institute of Chartered Accountants in England and Wales (“ICAEW”), in both of which he advised on a variety of regulatory, commercial, public law, and other issues. He has also acted for the ICAEW on numerous occasions before its Disciplinary, Review and Appeal Committees.

Recent significant cases:

R (Evans) v Financial Ombudsman Service (2013)

Successfully resisted application for judicial review of a determination of the Financial Ombudsman Service concerning a complaint about a mortgage. Case was closely related to previous judicial review proceedings, brought against the Financial Ombudsman Service by the same claimant, in which Ned also acted (see [2011] EWHC 3572 (Admin) and [2012] EWCA Civ 1061).

R (Opulento) v Financial Ombudsman Service (2013)

Successfully resisted application for judicial review of a determination of the Financial Ombudsman Service concerning a complaint about advice on a pension transfer.

R (Sheikh) v Financial Ombudsman Service (2013)

Successfully resisted application for judicial review of a determination of the Financial Ombudsman Service raising issues of the requirements of the Mortgages and Home Finance: Conduct of Business Sourcebook.

Alan Bate v Aviva Insurance UK Limited (2011 Folio 1537)

Successfully resisted an application for an order under CPR Rule 31.17 for non-party disclosure against the Financial Ombudsman Service.

Environment, Planning & Property


“He has demonstrated an eye for detail and the ability to get stuck in and work with the team under pressure” Chambers & Partners

“Very user friendly and gives clear advice” Legal 500

Ned has an extensive planning and environmental law practice encompassing appeals, enforcement, development plan examinations, High Court applications and appeals, and prosecutions. He has acted in cases involving large scale housing, industrial developments and infrastructure projects (including wind farms, other renewable energy facilities and a Strategic Rail Freight Interchange). Within environmental law, he has particular expertise in Environmental Impact Assessment, Strategic Environmental Assessment, Sustainability Appraisal, Habitats Regulations Assessment, green belt issues, heritage issues, and nuisance.

Recent significant cases include:

  • R (Lee Valley Regional Park Authority) v Epping Forest DC and Valley Grown Nurseries Ltd [2015] EWHC 1471 (Admin) – Acted (as junior to Peter Village QC) for the successful Interested Party in this judicial review of a decision to grant planning permission for a 92,000 square metre glasshouse. Continuing to act in the appeal to the Court of Appeal, which is listed for hearing in January 2016.
  • R (Bluebell Cemetery Ltd) v SSCLG [2015] EWHC 2339 (Admin)Acted (as junior to Peter Village QC) for the successful Interested Party in this section 288 challenge to the grant of permission for a crematorium in Kent.
  • R (Gibson) v Waverley Borough Council (CO/2154/2015) – Currently acting (as junior to Paul Stinchcombe QC) for the Claimant in this judicial review of a planning permission and listed building consent for a scheme to turn Undershaw (the house in which Sir Arthur Conan Doyle wrote The Hound of the Baskervilles) into a school. Previously acted (again as junior to Paul Stinchcombe QC) for the same Claimant in a successful judicial review ([2012] EWHC 1472 (Admin)) challenging a scheme to turn Undershaw into nine separate homes.
  • LB Bexley v The Bank Restaurant & Bar Ltd (2015 – HQ15X02398) – Acted for the Council in a High Court claim for an injunction under section 81(5) of the Environmental Protection Act 1990 to restrain a statutory noise nuisance.
  • St Albans DC v SSCLG & Ors [2015] EWHC 655 (Admin) – Acted (as junior to Paul Stinchcombe QC) for STRiFE Ltd in this section 288 challenge to the grant of permission for a Strategic Rail Freight Interchange near St Albans.
  • R (Giles) v South Holland District Council (2014) – Acted for the Council in this judicial review of the grant of planning permission for a renewable energy park at Sutton Bridge.
  • R (Evans) v Cornwall Council [2013] EWHC 4109 (Admin) – Acted for the successful Council in this judicial review of two decisions not to require prior approval of the siting, design and external appearance of agricultural development close to a Grade II* listed building.
  • St Albans City and District Council v (1) Hunston Properties Limited and (2) Secretary of State for Communities and Local Government [2013] EWCA Civ 1610 (on appeal from [2013] EWHC 2678 (Admin)) – Acted (as junior to Paul Stinchcombe QC) for the Claimant in both the High Court and Court of Appeal in this successful and landmark challenge of an Inspector’s decision to refuse planning permission for 116 dwellings on a Green Belt site. This was the first case on the proper interpretation of paragraph 47 of the NPPF and the assessment of housing needs following the revocation of Regional Strategies.
  • Thurrock BC v McDonagh [2013] EWHC 2070 (QB) – Acted for the Council in injunctive proceedings restraining unlawful development (through among other things the siting of caravans) on a site within the Metropolitan Green Belt.
  • R (Burridge) v Breckland District Council [2013] EWCA Civ 228 – Acted (as junior to John Hobson QC) for the successful District Council in this judicial review of planning permissions for a renewable energy facility. The Court of Appeal’s judgment is of importance on issues of project splitting in the context of EIA and the exercise of judicial discretion in cases involving European law. The Claimant’s application for permission to appeal was refused by the Supreme Court on 5 December 2013.
  • Shadwell Estate Company Ltd v Breckland District Council [2013] EWHC 12 (Admin) – Acted (as junior to John Hobson QC) for the successful District Council in a statutory challenge to the Thetford Area Action Plan on grounds concerning Strategic Environmental Assessment, Sustainability Appraisal, and Habitats Regulations Assessment.
  • R (Skinner and Alvarado) v London Borough of Haringey [2013] EWHC 1475 (Admin) – Acted (as junior to Paul Stinchcombe QC) for the successful Council in this judicial review of a planning permission and conservation area consent granted for a comprehensive redevelopment of a key regeneration site at Wards Corner (off Tottenham High Road in London). The Claimants’ application for permission to appeal to the Court of Appeal was refused on 28 August 2013 ([2013] EWCA Civ 1870).
  • R (Waters) v Breckland District Council (2012) – Acted for the Council in this judicial review of the grant of a certificate under section 191 of the TCPA 1990 for development in an industrial and agricultural complex. Case raised interesting issues concerning EIA in the context of certificates and enforcement action.

Recent significant independent examinations and inquiries include:

  • Bubb Lane, Southampton (2015) – Acting (as junior to Paul Stinchcombe QC) for Eastleigh Borough Council in an inquiry into an appeal against the Council’s refusal of planning permission for a development of up to 328 dwellings.
  • Independent examination of the Cambridge Local Plan and South Cambridgeshire Local Plan (2014-5) – Acting for Commercial Estates Group, which is seeking to promote an urban extension to deliver 3,300 to 4,400 homes and 10ha of employment land to the south east of Cambridge.
  • Sewell Park, St Albans (July 2014) – Acted (as junior to Paul Stinchcombe QC) in the inquiry following the Court of Appeal proceedings in St Albans City and District Council v (1) Hunston Properties Limited and (2) Secretary of State for Communities and Local Government [2013] EWCA Civ 1610.
  • Upper Chapel, Launceston (March 2014) – Acted for Cornwall Council in this four day inquiry into an appeal against the Council’s refusal of planning permission for a 100 dwelling development.
  • Banbury Road, Deddington (October 2013) – Acted for Cherwell District Council in this three day inquiry into an appeal against the Council’s refusal of planning permission for a 85 dwelling development in a rural location on the edge of Deddington in Oxfordshire.
  • Slades Hill, Templecombe (September 2013) – Acted for South Somerset District Council in this three day inquiry into an appeal against the Council’s non-determination of an application for planning permission for a 100 dwelling development.
  • A21 Tonbridge to Pembury Dualling Public Inquiry (May 2013) – Acted on behalf of the Hadlow Estate, the major landowner affected by the proposed scheme, at concurrent highways and compulsory purchase order inquiries into the proposed dualling of the A21 between Tonbridge and Pembury.
  • Radlett, near St Albans – Acted (as junior to Paul Stinchcombe QC) on behalf of the Rule 6 party in a four week planning inquiry into a proposed Strategic Rail Freight Interchange near St Albans. Also acted (through written representations) in the developer’s section 288 application (Helioslough Ltd v Secretary of State for Communities and Local Government [2011] EWHC 2054 (Admin)) and continuing to act in the Council’s section 288 challenge of the grant of permission (CO/3953/2014).
  • Dunsfold Park, Surrey – Acted (as junior to Paul Stinchcombe QC) on behalf of the Rule 6 parties in a four week planning inquiry into a proposed major new settlement at Dunsfold Park. The proposal was characterised by its promoters as an ‘eco-village’ and the inquiry was the first in the UK to consider the (then draft) Planning Policy Statement on Eco-Towns.

Administrative & Public


Public Law and Local Government Law

Ned’s public law practice encompasses a broad range of areas including planning and environment, local government, compulsory purchase, highways, licensing, financial services, housing, community care, immigration, human rights, education, and freedom of information.
Ned’s experience of local government law includes prosecutions in the Crown Court and Magistrates’ Courts concerning a range of matters including environmental protection, noise abatement, food safety, and dangerous dogs.

Ned acts regularly for the Financial Ombudsman Service and has represented the service in numerous judicial review proceedings challenging its determinations.

He has also acted in judicial review proceedings in housing and community care matters (including seeking interim relief out-of-hours in such proceedings). He has particular experience in cases involving Part VII of the Housing Act 1996, assessment under section 47 of the National Health Service and Community Care Act 1990, and the provision of accommodation under section 21 of the National Assistance Act 1948. He also has experience of community care for children (including age assessment) and those leaving care.

Recent significant cases include:

R ((1) Peter Sanders (2) Brian Ross) v (1) Airports Commission (2) Secretary of State for Transport [2013] EWHC 3754 (Admin)

Acted (as junior to Paul Stinchcombe QC) in this high profile apparent bias judicial review relating to the workings of the Airports Commission, the body tasked by the Secretary of State for Transport with addressing the heated issue of aviation expansion in the UK.

R (Ashford) v Rushmoor Borough Council (2012)

Acted for the successful Council in this judicial review of a traffic regulation order concerning various roads within Farnborough.

Recommendations


Ned is ranked as a leading junior in the category of environmental law in the Legal 500 where he is described as “Experienced in planning inquiries with environmental aspects” (2015) and “very user friendly and gives clear advice” (2014). In planning law, Chambers & Partners (2015) ranks him as an up-and-coming junior, stating that “he is excellent and as bright as a button” and that “he has demonstrated an eye for detail and the ability to get stuck in and work with the team under pressure”. Ned is also listed as one of the top rated juniors by Planning Magazine (2015) (and also as one of the top rated juniors under 35).

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

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