Ned Helme

Ned is a leading planning junior and has been recommended in the directories in this area for a number of years. He has appeared in some of the leading planning cases (including: R (Samuel Smith Old Brewery) v North Yorkshire CC [2020] UKSC 3; City & Country Bramshill Ltd v SSHCLG [2021] 1 WLR 5761; and Hunston Properties v SSCLG [2013] EWCA Civ 1610) and acts frequently in local plan examinations, inquiries, hearings and written representations appeals. 

Ned has extensive experience of art and cultural property and other heritage issues in the listed building and planning law contexts. He has acted in a range of heritage cases in the High Court and Court of Appeal (including: City & Country Bramshill Ltd v SSHCLG [2021] 1 WLR 5761; R (Government of the Republic of France) v Kensington and Chelsea RLBC [2017] 1 WLR 3206; R (Gibson) v Waverley BC [2015] EWHC 3784 (Admin) and [2012] EWHC 1472 (Admin); and R (Evans) v Cornwall Council [2013] EWHC 4109 (Admin)). He has also acted in a number of major heritage-related inquiries, including at Bramshill and St Osyth’s Priory.

Ned has considerable experience of aviation in the planning sphere. He recently acted for Eastleigh Borough Council, successfully resisting a judicial review of its decision to permit an extension to the runway of Southampton International Airport (R (GOESA Ltd) v Eastleigh BC [2022] EWHC 1221 (Admin)). He has also advised in connection with Stansted Airport, and acted (as junior to Paul Stinchcombe KC) in a judicial review of the work of the Airports Commission brought by members of Stop Stansted Expansion (Sanders v Airports Commission [2013] EWHC 3754 (Admin)). 

Ned has experience of compulsory purchase and compensation in both the inquiry and court contexts, including acting (as junior to Tim Corner KC and Paul Stinchcombe KC) for the Welsh Ministers in a £90m claim relating to the compulsory acquisition of land in Cardiff City Centre and (again as junior to Paul Stinchcombe KC) in Court of Appeal proceedings concerning the compatibility of time limits under the Land Compensation Act 1973 with the Human Rights Act 1998. 

Ned has experience of infrastructure both within and outside the development consent order process, including proposals for aviation infrastructure, strategic rail freight interchanges, flood and coastal defences, and renewable energy facilities. He also acts in court challenges relating to infrastructure (for example: St Albans DC v SSCLG & Ors [2015] EWHC 655 (Admin) and R (Burridge) v Breckland District Council [2013] EWCA Civ 228.

Ned has a busy court practice and has acted in a number of the leading planning cases in the High Court, Court of Appeal and Supreme Court. 

Cases of note

• R (Samuel Smith Old Brewery) v North Yorkshire CC [2020] UKSC 3 - Junior to Peter Village KC and James Strachan KC for the claimant in the High Court, Court of Appeal, and Supreme Court in a judicial review concerning the scope of Green Belt policy in the context of large-scale mineral extraction. 
  Judgment
• City & Country Bramshill Ltd v SSHCLG [2021] 1 WLR 5761 - Junior to James Strachan KC in the High Court and Court of Appeal for the claimant/appellant in multiple challenges to decisions on a series of conjoined appeals concerning Bramshill House, a Grade I listed Jacobean mansion set within a Grade I registered park and garden.
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• CEG Land Promotions II Ltd v SSHCLG [2018] EWHC 1799 (Admin) - Junior to James Strachan KC for the claimant in proceedings under section 288 of the Town and Country Planning Act 1990 concerning the proper approach to “valued landscapes” under the National Planning Policy Framework (NPPF).
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• Hallam Land Management v SSCLG and Eastleigh Borough Council [2018] EWCA Civ 1808 - Junior to Paul Stinchcombe KC for the council in both the High Court and Court of Appeal in proceedings under section 288 of the Town and Country Planning Act 1990 concerning the proper approach to calculating housing land supply.
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• R (Lee Valley Regional Park Authority) v Epping Forest DC and Valley Grown Nurseries Ltd [2016] EWCA Civ 404 - Junior to Peter Village KC for the interested party in both the High Court and Court of Appeal in this judicial review of a decision to grant planning permission for a 92,000 square metre glasshouse on green belt, environmental impact assessment (EIA), habitats and other grounds.
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• R (Burridge) v Breckland District Council [2013] EWCA Civ 228 - Junior to John Hobson KC for the 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.
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• Hunston Properties v SSCLG [2013] EWCA Civ 1610 - Junior to Paul Stinchcombe KC for the claimant in both the High Court and Court of Appeal in this seminal case on objectively assessed housing needs.
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Ned advises on all aspects of planning policymaking, and has acted in numerous local plan examinations, as well as in court challenges involving the interpretation of planning policy. 

Cases of note

• Wiltshire Local Plan Review (2021-ongoing) - Advising Wiltshire Council on its emerging Local Plan (as junior to Paul Stinchcombe KC).
• Emerging Eastleigh Borough Local Plan (2017-2022) - Advising and representing Eastleigh Borough Council in the examination of its emerging Local Plan (as junior to Paul Stinchcombe KC).
• Emerging Wealden Local Plan (2018-2019) - Advising and representing Wealden District Council in the examination of its emerging Local Plan (as junior to Paul Stinchcombe KC).
• Welborne (2015) - Advising Fareham Borough Council on Parts 2 and 3 of its Local Plan, the Welborne Plan and the Development Sites and Policies Plan (as junior to James Strachan KC).
• Cambridge Local Plan and South Cambridgeshire Local Plan (2014-2015) - Advising and representing Commercial Estates Group, which was seeking to promote an urban extension to deliver 3,300 to 4,400 homes and 10 hectares of employment land to the south east of Cambridge (as junior to Peter Village KC).

Ned advises on all aspects of the planning application process, including the need for planning permission and other consents, permitted development rights, pre-application enquiries, application requirements, environmental processes/requirements (including EIA and habitats regulations assessment (HRA)); decision-taking, planning conditions, planning obligations, reserved matters approvals, the interpretation of permissions, and variations. 

Ned acts frequently in inquiries, hearings and written representations appeals for appellants, councils and other parties.

Cases of note

• Hobbyhorse Lane Inquiry (2023) - Acting for Vale of White Horse District Council in an inquiry for up to 175 dwellings.
• Saltersford Lane Inquiry (2023) - Acting for Wiltshire Council in an inquiry for up to 70 dwellings.
• Fareham Inquiries (2021-2022) - Acting for Fareham Borough Council in a series of multiday planning inquiries for residential schemes.
• Bramshill House and Park (2017-2021) - Acting as junior to James Strachan KC in a 26-day inquiry and as sole counsel in a further four-day inquiry into proposals concerning substantial residential development and heritage works at the Grade I listed Bramhill House and Park.
• St Osyth’s Priory (2015-2016) - Acting (as junior to Peter Village KC) for the appellants in a case concerning enabling development to secure the future of St Osyth’s Priory in Essex, one of the most important collections of historical buildings in the country.
• A21 Tonbridge to Pembury Dualling Public Inquiry (May 2013) - Acting 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 - Acting for the Rule 6 party at a four-week inquiry into a proposed Strategic Rail Freight Interchange and at a four-week Eco-Town inquiry (both as junior to Paul Stinchcombe KC).

Ned advises on all aspects of planning enforcement (including obtaining information, enforcement notices and appeals, prosecutions, stop notices, breach of condition notices, injunctions, lawful development certificates, enforcement concerning the historic environment, trees and hedgerows and advertising control). He frequently appears in appeals and in court challenges to enforcement and lawful development decisions, including City & Country Bramshill Ltd v SSHCLG [2021] 1 WLR 5761 and R (Government of the Republic of France) v Kensington and Chelsea RLBC [2017] 1 WLR 3206.

Ned has experience of village greens and commons both in advisory work and on inquiry under section 15 of the Commons Act 2006.

Ned is a leading environment junior and has been recommended regularly in the directories in this area for a number of years. He has appeared in some of the leading environmental cases (including: R (GOESA Ltd) v Eastleigh BC [2022] EWHC 1221 (Admin); R (Lee Valley Regional Park Authority) v Epping Forest DC and Valley Grown Nurseries Ltd [2016] EWCA Civ 404; R (Burridge) v Breckland District Council [2013] EWCA Civ 228; and Shadwell Estate Company Ltd v Breckland District Council [2013] EWHC 12 (Admin)) and is a Board member of the Journal of Environmental Law and a General Editor of the Sweet & Maxwell Environmental Law Bulletin. 

With a background in the biosciences, Ned has a strong interest in cases involving biodiversity and habitats. He has very broad expertise in the law relating to species and habitats protection, and has appeared in numerous inquiries, local plan examinations and court cases involving biodiversity and habitats issues (including the independent examinations of the emerging Eastleigh and Wealden Local Plans; a 26-day inquiry concerning proposals at Bramshill adjacent to a Special Protection Area; and R (Lee Valley Regional Park Authority) v Epping Forest DC and Valley Grown Nurseries Ltd [2016] EWCA Civ 404).

Ned has considerable experience of the law and policy relating to climate change in the development management and plan-making contexts and in court challenges. He recently acted for Eastleigh Borough Council in judicial review proceedings challenging (on climate and other grounds) its decision to permit an extension to the runway of Southampton International Airport (R (GOESA Ltd) v Eastleigh BC [2022] EWHC 1221 (Admin)).

Ned has substantial expertise in environmental assessment at both project and plan level. He has acted in numerous inquiries and local plan examinations involving environmental assessment issues, and has appeared in some of the leading court cases concerning environmental assessment, including R (GOESA Ltd) v Eastleigh BC [2022] EWHC 1221 (Admin); R (Lee Valley Regional Park Authority) v Epping Forest DC and Valley Grown Nurseries Ltd [2016] EWCA Civ 404; R (Burridge) v Breckland District Council [2013] EWCA Civ 228; and Shadwell Estate Company Ltd v Breckland District Council [2013] EWHC 12 (Admin)).

Ned’s public law practice encompasses a broad range of areas, including planning and environment, local government, compulsory purchase, highways, licensing, financial services, human rights, 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 has also acted regularly for the Financial Ombudsman Service and has represented the service in numerous judicial review proceedings challenging its determinations.