Celina Colquhoun

Celina regularly acts for and advises local authority and private sector clients in all aspects of Planning and Environmental law including the Community Infrastructure Levy (CIL) regime, Highways Law, Sewers and Drains and National Infrastructure. She appears in Planning Inquiries representing appellants; planning authorities and third parties as well as in ; the High Court and the Court of Appeal in respect of statutory review challenges and judicial review cases. She also undertakes both prosecution and defence work in respect of planning and environmental enforcement in Magistrates’ and Crown Courts as well as Enforcement Notice appeals. She specialises in all aspects of Compulsory Purchase and compensation, acting for and advising acquiring authorities seeking to promote such Orders or objectors and affected landowners. Her career had a significant grounding in national infrastructure, airports and highways projects and she continues those specialisms today.

Cases of Note:

• Atwill v New Forest National Park Authority [2023] EWHC 625 (Admin) acted for successful claimant granting her claim for judicial review against the Authority's decision to grant permission purportedly persuant to section 73 of the Town and Country Planning Act 1990 for an amended dwelling in the face of enforcement action against an existing one. The Claimant was successful on all but one of her seven grounds of claim which involved inter alia the impact of an unlawful building upon the question of lawful implementation (applying Commercial Land [2002] EWHC 1264 (Admin) ) : the remit of a s73 (applying the CA's judgement in Finney [2019] EWCA Civ 1868 and recent decision in Armstrong [2023] EWHC 176 (Admin); enforceability of conditions and application of a s73(5).
• R (oao AQUIND Ltd – v - Secretary of State for Business, Energy and Industrial Strategy and Portsmouth City Council [2023] EWHC 98 (Admin) – acted for Portsmouth as Interested Party having acted for them before the Examining Authority objecting to DCO for subsea and underground bi-directional electric power transmission link between the south coast of England and Normandy in France. S118 Planning Act 08 challenge by Aquind following SofS’s decision to refuse to grant DCO. Matter is currently remitted to SofS following quashing of decision.
• R. (oao Braithwaite and Melton Meadows Properties Ltd) v East Suffolk Council Court of Appeal (Civil Division) [2022] EWCA Civ 1716 – acted for housing developer appellant in JR challenge of CIL Liability Notice and Demand Notice issued after earlier notice had been issued late in breach of CIL Reg 65(1) but had not been challenged at the (R (oao Trent) v Hertsmere Borough Council [2021] EWHC 907 (Admin) was distinguished).
• Appeal Ref: APP/M1005/W/22/3299953 - Land north west of Hall Farm, Church Street, Alfreton DE55 7AH decision December 2023 – acted for appellant promoting large solar farm of 49.9 MW  on 75 Ha site. Issues raised included harm to designated and non designated heritage assets; impacts upon special needs school; amenity  and landscape impact approach.
• Appeal Ref : APP/V3120/W/20/326546 Land at 31-33 The Causeway, Steventon OX13 6SE acted for planning authority resisting outline self build scheme 
• Appeal Ref : APP/V3120/W/20/3261691- land off Lower Road, Chilton, OX11 – acted for planning authority resisting outline self build scheme.
• UBB v Essex County Council  [2019] EWHC 1924 (Admin) – acted for UBB led by James Strachan KC in a successful JR challenge by waste developer/operator to Lawful Development Certificate decision in favour of Waste Authority – parallel contractual claim in Technology and Construction Court led by Martin Kingston KC; David Turner KC);
• Binning Property Corp Ltd v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 250 ;[2019] 2 WLUK 472;[2019] J.P.L. 844 – acted for appellant seeking to challenge an enforcement appeal decision under s289 of the TCPA 1990. Argued before the Court of Appeal that it had jurisdiction to consider an appeal against refusal of permission in the High Court in light of changes to s288 procedure and Aarhus Convention.
• R (oao Maynard) v Chiltern DC [2015] EWHC 3817 (Admin) – acted for Claimant challenging the making of a Neighbourhood Development Plan which had included his land as a protected community facility contrary to his objections and the examining Inspector’s recommendations. The  NDP was quashed and the policy designation removed subsequently.

Celina’s early Planning Bar career began with major national infrastructure planning projects and in particular she represented the Government’s Airports Policy Division as well as the Highways Agency at the 1995-99 Heathrow Terminal 5 inquiry. Since then she has acted for smaller airfield owners and operators as well as the landowners of Manston Airport in respect of the application for a Development Consent Order in 2019.

Cases of Note:

• Application by RiverOak Strategic Partners Limited for Manston Airport Development Consent Order – acted for and advised the owners of the airport who had been promoting the land for housing and mixed development and who objected to the DCO by a separate company seeking to reopen the airport. The DCO sought compulsory acquisition of all the land required prior to an agreement being reached. The DCO was recommended for refusal; was then granted by the SofS and has been quashed.
• Land at Henstridge Airfield The Marsh Camp Road Henstridge Templecombe Somerset (GR: 374640/120380) – application ref 15/04069/FUL  advised the owner and operator of a general aviation airfield on ensuring the  continued use of the airfield.
• Heathrow Terminal Five and Associated Public Inquiries – acted throughout the 4 year long inquiries for the highways agency promoting Highways Orders and for  Department of Transport and Airports Policy Division.

Celina has more than 20 years’ experience acting for and advising acquiring authorities and objectors to CPO or claimants for compensation. Her work also includes acting in cases involving large infrastructure projects which involve compulsory purchase including in particular orders promoted by highways authorities as well as NSIP projects involving compulsory acquisition under the Planning Act 2008.

Cases of Note:

• Mayor's Office for Policing and Crime (Perivale) Compulsory Purchase Order – acted for landowner and objector to a CPO sought under rarely used powers by MOPAC to acquire land used for an existing police car pound. Led by Richard Wald KC the CPO was not confirmed .
• Application by AQUIND Limited for a DCO for the AQUIND Interconnector project following s35 Direction –  acted for Portsmouth City Council as an Interested Party and Affected Person in respect of proposed compulsory acquisition of the authority's land. The Secretary of State’s  decision to refuse the DCO was subsequently quashed in February 2023
• Application by RiverOak Strategic Partners Limited for Manston Airport Development Consent Order – acted for and advised the owners of the airport who had been promoting the land for housing and mixed development and who objected to the DCO by a separate company seeking to reopen the airport. The DCO sought compulsory acquisition of all the land required prior to an agreement being reached. The DCO was recommended for refusal; was then granted by the SofS and has been quashed.
• Sandwell MBC re Carrington Road, Friar Park CPO – instructed by acquiring authority in respect of the comprehensive redevelopment of the land for Council housing and employment . CPO confirmed (2020). 
• Watford BC (Gateway, Watford Business Park) CPO 2019 – instructed by acquiring authority; CPO confirmed March 2020 (2020).
• The County of Herefordshire (South Wye Transport Package– A4194 Southern Link Road) CPO and Side Roads Order (Highways Act 1980) – promoted CPO and Highways Orders for County Highway Authority.
• Leicester City Council  (171 Anstey Lane, Leicester LE4 0FH) CPO 2013 – acted for the for acquiring authority in a  s17 Housing Act 1980 based CPO (2014).
• City of Manchester (Corbett Street, Bradford) Compulsory Purchase Order 2012 – represented promoters Manchester City Football Club & Manchester City Council in respect of the CPO of land for MCFC's new football academy.

Celina regularly acts for promoters and those making representations in respect of the full range of nationally significant infrastructure projects and infrastructure promoted through  other consent regimes including Development Consent Orders, Transport and Works Act orders, and highways schemes. She was in particular appointed to advise and assist the Examining Authority in respect of the Thames Tideway Tunnel under s101 Planning Act 2008 .

Cases of Note

• Application by Anglian Water for a DCO in respect of the Cambridge Waste Water Treatment Plant Relocation - acting for Cambridgeshire County Council; Cambridge City Council and South Cambridgeshire District Council. 
• Application by Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited for a DCO in respect of the Net Zero Teesside Project (Carbon Capture Storage and Use) – acted for Ørsted Hornsea Project Four Limited as an Interested Party at the same time as their concurrent DCO application for Hornsea Project Four
  Offshore Wind Farm 
• Application by AQUIND Limited for a DCO in respect of the AQUIND Interconnector project following s35 Direction – (subsea electricity interconnector)  acted for Portsmouth City Council as an Interested Party and an Affected Person  in respect of proposed compulsory acquisition of the authority's land. The Secretary of State’s  decision to refuse the DCO was subsequently quashed in February 2023
• Appeal Ref: APP/M1005/W/22/3299953 - Land north west of Hall Farm, Church Street, Alfreton DE55 7AH – decision December 2023 – acted for appellant promoting large solar farm of 49.9 MW  on 75 Ha site. Issues raised included harm to designated and non designated heritage assets; impacts upon special needs school; amenity  and landscape impact approach.Alfreton;
• Application by RiverOak Strategic Partners Limited for Manston Airport Development Consent Order  – acted for and advised the owners of the airport who had been promoting the land for housing and mixed development and who objected to the DCO by a separate company seeking to reopen the airport. The DCO sought compulsory acquisition of all the land required prior to an agreement being reached. The DCO was recommended for refusal; was then granted by the SofS and has been quashed.
• The County of Herefordshire (South Wye Transport Package– A4194 Southern Link Road) CPO and Side Roads Order (Highways Act 1980) – promoted CPO and Highways Orders for County Highway Authority
• Application by Thames Water for a DCO in respect of the Thames Tideway Tunnel project (‘the Super Sewer’) – appointed under s101 of the Planning Act 2008 to advise and assist the Examining Authority throughout the examination and report stage.

Celina regularly acts for and advises local authority and private clients in the High Court and the Court of Appeal in respect of planning related statutory review challenges and judicial review cases.

Cases of Note:

• R (oao AQUIND Ltd  v  Secretary of State for Business, Energy and Industrial Strategy and Portsmouth City Council [2023] EWHC 98 (Admin) – acted for Portsmouth as Interested Party having acted for them before the Examining Authority objecting to DCO for subsea and underground bi-directional electric power transmission link between the south coast of England and Normandy in France. S118 Planning Act 08 challenge by Aquind following SofS’s decision to refuse to grant DCO. Matter is currently remitted to SofS following quashing of decision.
• R. (oao Braithwaite and Melton Meadows Properties Ltd) v East Suffolk Council Court of Appeal (Civil Division) [2022] EWCA Civ 1716 – acted for housing developer appellant in JR challenge of CIL Liability Notice and Demand Notice issued after earlier notice had been issued late in breach of CIL Reg 65(1) but had not been challenged at the (R (oao Trent) v Hertsmere Borough Council [2021] EWHC 907 (Admin) was distinguished).
• UBB v Essex County Council [2019] EWHC 1924 (Admin) – acted for UBB led by James Strachan KC in a successful JR challenge by waste developer/operator to Lawful Development Certificate decision in favour of Waste Authority – parallel contractual claim in Technology and Construction Court led by Martin Kingston KC; David Turner KC);
• Binning Property Corp Ltd v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 250 ;[2019] 2 WLUK 472;[2019] J.P.L. 844 – acted for appellant seeking to challenge an enforcement appeal decision under s289 of the TCPA 1990. Argued before the Court of Appeal that it had jurisdiction to consider an appeal against refusal of permission in the High Court in light of changes to s288 procedure and Aarhus Convention.

Celina advises and acts in a wide range of highways related matters. These include planning, compulsory purchase and highways creation and diversion issues and in particular modification to the Definitive Map. She advises and appears in respect of Highways Act and Road Traffic Regulation Act related matters including stopping up accesses and on and off-street parking control as well as matters arsing under the New Roads and Street Works Act 1991 and Traffic Management Act 2004. Celina in particular advised upon the drafting and introduction of the pan London -  London Permit Scheme for Road Works and Street Works.

Cases of Note:

• Gloucestershire County Council Gloucester South West Bypass (Llanthony Road Section) Compulsory Purchase Order 2019 –  acted for promoting highway authority
• The County of Herefordshire (South Wye Transport Package– A4194 Southern Link Road) CPO and Side Roads Order (Highways Act 1980) – promoted CPO and Highways Orders for County Highway Authority
• R. (on the application of Alexander) v Parking Adjudicator [2014] EWHC 560 (Admin)  – acted for the traffic authority and the case is the first to define what is meant by a   ‘U Turn’.
• London Permit Scheme for Road Works and Street Works (‘the LOPS’) – advised and assisted a series of London Boroughs and TfL with the drafting and introduction of the LOPS which was the first permit scheme under the Traffic Management Act 2004. Each authority thereafter introduced the LOPS through individual Permit Scheme Orders.

Celina regularly advises local planning authorities on local plan progression and promotes local plans before examining Inspectors on behalf of the authority. She also represents residents; landowner and developers wishing to make representations in respect of draft local plans. She equally has dealt with neighbourhood development plans and successfully had one NPD quashed.

Cases of note

• Dudley Metropolitan Borough Council – advising  the MBC on its own policy making as part of the Black Country Core Strategy review (2018 – to date).
• Bolsover District Council Local Plan – advised BDC – plan adopted March 20. 
• Shirley v Canterbury City Council & SSCLG Claim No: CO/3841/2017 – on behalf of Council – s.113 PCPA 04 challenge to Local Plan on Air Quality Directive and SEA compliance
• Canterbury City Council - Canterbury District Local Plan – advised Canterbury City Council and acted for Council at plan examination – Plan adopted 2017 (2006-2017).
• R(oao Maynard) v Chiltern DC & Chalfont St Peter Parish Council [2015] EWHC 3817(Admin) – acted for Claimant challenging the making of a Neighbourhood Development Plan which had included his land as a protected community facility contrary to his objections and the examining Inspector’s recommendations. The NDP was quashed and the policy designation removed subsequently.
   

Celina acts for and advises local authorities, landowners and third parties on enforcement matters, including appeals, injunctions and criminal cases. She appears in the High Court and Court of Appeal on s289 appeals and challenges to stop notices, temporary stop notices, lawful development certificates, discontinuance and failures to enforce.

Cases of Note

• Appeal Refs APP/M3645/C/19/3231743 and APP/M3645/W/19/3243745Land at Sawmills, Green Lane, Outwood, Redhill, Surrey RH1 5QP – acted for the landowner of a Green Belt which had a history of industrial  and waste uses but which had substantially ceased. Celina devised a strategy whereby a lawful development certificate identifying PDL area was granted and which then formed the basis for a scheme that was acceptable to the authority and on appeal in the face originally  of 10 enforcement notices.
• NR Algul Ltd v SSHLG [2019] EWHC 2023 (Admin) – acted for the appellant in a s289 challenge.
• UBB v Essex County Council [2019] EWHC 1924 (Admin) – acted for UBB led by James Strachan KC in a successful JR challenge by waste developer/operator to Lawful Development Certificate decision in favour of Waste Authority – Celian also acted in a parallel contractual claim in Technology and Construction Court led by Martin Kingston KC; David Turner KC);
• Re Land at 280 Faversham Road, Seasalter, Kent LDC s.192  – advised landowner and obtained LDC following withdrawal of appeal by Council – lawful implementation not lost through subsequent unlawful building and EN.
• Binning Property Corp Ltd v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 250 ;[2019] 2 WLUK 472;[2019] J.P.L. 844 – acted for appellant seeking to challenge an enforcement appeal decision under s289 of the TCPA 1990. Argued before the Court of Appeal that it had jurisdiction to consider an appeal against refusal of permission in the High Court in light of changes to s288 procedure and Aarhus Convention.

Celina’s environment law practice focuses upon all aspects of SEA and EIA (related to every type of development and local plan making), biodiversity and habitats, conservation, all major environmental designations and protections, net zero and climate change implications, air quality, biodiversity gain, coastal defence, flooding, riparian rights, water and sewerage, land contamination and pollution controls. She regularly advises upon and acts in such matters in the context of infrastructure and development consenting, environmental regulation, enforcement, and the prosecution of offences. 

Cases of note:

• Application by AQUIND Limited for a DCO in respect of the AQUIND Interconnector project following s35 Direction – (subsea electricity interconnector) – acted for Portsmouth City Council as an Interested Party and an Affected Person  in respect of proposed compulsory acquisition of the authority's land. Issues raised surrounding associated development and traffic impact, The Secretary of State’s decision to refuse the DCO was subsequently quashed in February 2023
• R (oao FCC Environment UK Ltd) v Cheshire East BC; TG Limited [unreported] Case No: CO/814/2019 – acted for interested party in JR challenge to permission on former landfill site for  sustainable urban extension based upon application of EIA Regulations and hydrogeological issues.
• Shirley v Canterbury City Council & SSCLG Claim No: CO/3841/2017 – on behalf of Council – s.113 PCPA 04 challenge to Local Plan on Air Quality Directive and SEA compliance  
• Canterbury City Council - Canterbury District Local Plan – advised Canterbury City Council and acted for Council at plan examination including upon compliance with SEA and Habitats Regulations– Plan adopted 2017 (2006-2017).
• Application by Thames Water for a DCO in respect of the Thames Tideway Tunnel project (‘the Super Sewer’) – appointed under s101 of the Planning Act 2008 to advise and assist the Examining Authority throughout the examination and report stage issued included assessment of noise impact and vibration issues as well as impact upon subsoil and water quality.
• Dullingham Parish Council (R on the application of) v East Cambridgeshire District Council [2010] EWHC 1307 (Admin) – acted for local planning authority resisting Aarhus Convention based PCO prior to changes to CPR.

Celina acts for and advises public bodies and the private sector as well as third parties in respect of large energy projects promoted through the principal consenting regimes in the UK – principally under the Town and Country Planning Act 1990 and the Planning Act 2008 .This includes in particular the implications in terms of an environmental permitting; biodiversity net gain and habitat regulation.

Cases of Note

• Application by Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited for a DCO in respect of the Net Zero Teesside Project (Carbon Capture Storage and Use) – acted for Ørsted Hornsea Project Four Limited as an Interested Party at the same time as their concurrent DCO application for Hornsea Project Four
  Offshore Wind Farm 
• Application by AQUIND Limited for a DCO in respect of the AQUIND Interconnector project following s35 Direction – (subsea electricity interconnector) – acted for Portsmouth City Council as an Interested Party and an Affected Person  in respect of proposed compulsory acquisition of the authority's land. The Secretary of State’s  decision to refuse the DCO was subsequently quashed in February 2023
• Appeal Ref: APP/M1005/W/22/3299953 - Land north west of Hall Farm, Church Street, Alfreton DE55 7AH decision December 2023 – acted for appellant promoting large solar farm of 49.9 MW  on 75 Ha site. Issues raised included harm to designated and non designated heritage assets; impacts upon special needs school; amenity  and landscape impact approach. Alfreton
• Application by Thames Water for a DCO in respect of the Thames Tideway Tunnel project (‘the Super Sewer’) – appointed under s101 of the Planning Act 2008 to advise and assist the Examining Authority throughout the examination and report stage.