“An Outstanding Advocate”
Daniel Stedman Jones practises in public law, specialising in planning, environmental and energy law. He represents developers, companies, central and local government authorities, landowners and local residents at inquiries, in the High Court, Court of Appeal and the Supreme Court. Clients have included General Motors/Vauxhall, Persimmon Homes, Commercial Estates Group, Crownhall Estates, Everything Everywhere, OFGEM, local authorities and campaigning groups.
Recent cases include:
Vauxhall Motors Ltd (Formerly General Motors UK Ltd) v Manchester Ship Canal Co.  UKSC;  2 WLR 330;  1 Costs L.O. 71 and  EWHC 2960 (Ch)
Smith v Castlepoint BC  EWHC 2019 (Admin)
BACI v Environment Agency  CA;  Env. L.R. 15
Wavendon Properties Ltd v SSHCLG  EWHC 1524 (Admin)
R (Marshall) v East Dorset DC  EWHC 226 (Admin) &  EWHC 2416 (Admin)
R (Rogers) v Wycombe DC  EWHC 3317 (Admin)
Burford v SSCLG  EWHC 1493 (Admin);  J.P.L. 1300
Daniel 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.
Before coming to the Bar, Daniel worked for the leading independent think-tank Demos and as a government policy adviser. He completed a phd in economic policy and deregulation in Britain and the United States at the University of Pennsylvania. Daniel is the author of Masters of the Universe: Hayek Friedman and the Birth of Neoliberal Politics (Princeton: 2012), which has been translated into Chinese, Russian, Korean and Catalan.
Planning, Environmental & 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.
Examples of Daniel’s recent Planning and Environmental work include:
- Acting for developer in mixed resi/leisure complex development
- Acting for LPA in a section 78 Appeal in respect of 250 dwelling proposal
- Acted for developer in section 78 Appeal for a Barn conversion in the Greeen Belt
- 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 in a section 78 appeal against refusal of planning permission for 25 houses in East Hampshire.
- Acted for the LPA 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.
Public/Planning JR & Section 288/289 Appeals
- R (Mansfield DC) v SSCLG : Acting for the Secretary of State in a judicial review of an Inspector’s decision to discharge a planning obligation.
- R (JBS Park Homes Ltd) v SSCLG [2017-18]: Acting for the Secretary of State in a section 288 challenge to a s.73 TCPA 1990 application appeal refusal
- R (Rodgers) v Wycombe DC : Acted on behalf of LPA in a policy challenge to proposed development in the Chilterns AONB in which the Court considered reasons in the light of Dover DC v CPRE (Kent)  UKSC 79
- R (Marshall) v East Dorset DC [2017-18]: Acted for the Claimant in a challenge to the LPA’s prior approval determination in respect of unlawful PD proposals –  EWHC 226 (Admin)
- R (Marshall) v East Dorset DC  – permission granted – see  EWHC 2416 (Admin)
- R (O’ Neill) v Lambeth BC : Acted with George Laurence QC in challenge to Lambeth’s decision to permit use of the South Bank for the Garden Bridge project
- R (Pearson) v Camden Borough Council : 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  EWHC 2368 (Admin) section 288/289: Appeal against planning inspector’s grant of conditional planning permission.
- R (Banks) v Babergh District Council : 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 : 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  EWHC 3374 (Admin): Acted in an important case on the interpretation of §14 of the NPPF.
Environmental Judicial Reviews
- R (Steer) v Shepway DC  EWHC 238 (Admin) Acted for the LPA resisting a challenge concerning EIA screening, development in an AONB and reasons.
- R (Whitstable Society) v Canterbury City Council  EWHC 254 (Admin): Acted for the claimant into a challenge to the disposal of open space land for less than best consideration.
- R (Urmston) v City of York Council / Persimmon Homes Ltd : 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 in both the High Court and the Court of Appeal.
- R (Fulford Parish Council) v City of York Council : 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 Totally Without Merit 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 : 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.
Climate Change, Energy, Waste and Water
Daniel has expertise in all types of environmental matter concerning climate change, contaminated land, water, energy and waste. This includes a particular specialism in environmental judicial reviews raising issues of air quality, agricultural and industrial emissions, water law and waste incineration. Daniel has also done extensive work on energy-related matters including in relation to gas, electricity and renewables.
Recent cases include:
- Smith v Castle Point BC  EWCA 1420
- R (BACI) v Environment Agency  EWCA Civ 1962;  Env. LR 16
- Manchester Ship Canal Co v Vauxhall Motors  UKSC 46;  2 All E.R. 81
- NPower Direct Ltd v Gas and Electricity Markets Authority  EWHC 3576 (Admin);  ACD 35”
Town & Village Green (TVG) & Public Rights of Way (PROW) Inquiries
Acts on behalf of landowners, local authorities and local residents in non-statutory and statutory inquiries.
- 2017 – DMMO PROW Proceedings, Iver.
- 2017 – Inspector advising registration authority, Rotherham.
- 2017 – DMMO PROW Proceedings, Edgcott.
- 2017 – DMMO PROW Proceedings, Chesterfield.
- 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
Daniel regularly undertakes the full range of planning and environmental work including:
- CIL/s. 106
- Contaminated Land – Part IIA of the EPA 1990
- CPO Proceedings
- Environmental Nuisance
- Green Belt
- Habitats and Marine Protection
- Heritage/Historic Environment
- Permitted Development
- Plan Examinations
- Planning Enforcement
- Planning Injunctions / Party Wall Injunctions
- Planning and Environmental prosecutions
- Waste/Transfrontier shipment of waste – including BASEL, Hong Kong and Minamata Conventions
Regulatory & 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 worked closely with Ofgem. Initially seconded to work in the Networks team on R (UKPNS) v Gas and Electric Markets Authority  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
- Chapter I and II of the Competition Act 1998
- Article 101/102 of the TFEU.
He has recently been instructed (2018) to act on behalf of one of the big six energy suppliers (with Duncan Sinclair) in respect of the OFGEM enforcement proceedings.
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.
Energy, Waste and Water
Daniel acts regularly in all types of dispute concerning energy, waste and water. He has previously worked at Ofgem and has particular expertise in matters involving the energy regulator including Ofgem investigations, judicial reviews and statutory reviews.
Recent Cases include:
- NPower Direct Ltd v Gas and Electricity Markets Authority  EWHC 3576 (Admin);  ACD 35
- 2 major Ofgem investigations into energy suppliers
- Ongoing judicial review and statutory reviews in respect of the RO and RHI regimes
- Smith v Castle Point BC  EWCA 1420
- R (BACI) v Environment Agency  EWCA Civ 1962;  Env. LR 16
- Manchester Ship Canal Co v Vauxhall Motors  UKSC 46;  2 All E.R. 81″
Daniel has a broad practice in commercial law including contractual disputes and property-related issues which arise out of planning and rights of way cases. 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 sectoral regulation, professional negligence, construction, and arbitration.
- General Motors v Manchester Ship Canal Co 2016 EWHC 2960 (Ch): Acted with William Norris QC and Simon Edwards in Chancery proceedings concerning statutory and private law water drainage rights at the Vauxhall plant at Ellesmere Port – due to be heard in the Court of Appeal in April 2018
- 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.
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.