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Jonathan Darby

“Jon has a superb legal mind, an incisive way of getting to the heart of a problem, and is wholly unflappable. He has star quality.” The Legal 500 2023

“…the moment he opens his mouth, people listen…” Chambers and Partners 2021

Jon's planning, environmental and property practice complements broader public and administrative law interests and his varied civil liability work. Jon appears regularly in all types of court and tribunal alongside undertaking pleading and advisory work for a wide variety of domestic and international clients, including developers, consultants, local authorities, and the Government Legal Department. He is a Member of the Football Association's General Appeal Panel.

Before coming to the Bar, Jon taught Property and International Environmental Law at Cambridge University whilst completing a PhD in International Environmental Law at Queens' College.

Areas of expertise

Planning and Property

“One of the best junior barristers at the planning Bar.” (The Legal 500, 2022)

Jon is ranked as a leading junior for planning law (Chambers and The Legal 500). He is regularly listed as one of the top planning juniors in Planning Magazine’s annual survey.

Frequently instructed as both sole and junior counsel, Jon advises a wide range of clients on all aspects of the planning process, including planning enforcement, planning appeals, development plan examinations, rights of way inquiries, injunctions, and criminal prosecutions under the Environmental Protection Act 1990. 

Jon also provides advice and representation in nuisance claims (public and private), including advising in relation to the interaction between the nuisance and planning regimes, for example, ongoing representation of Strongroom Studios and Music Room London in relation to their objections to adjacent development proposals on noise and vibration grounds. Jon also advises and appears in relation to boundary disputes and Land Registration Tribunal matters.

Jon’s wider public law practice provides him with a particular expertise in statutory challenges and applications for judicial review.

Recent Inquiries and cases of note:

  • Former Homebase site - Two-week inquiry into the proposed redevelopment of the site adjacent to the Bath World Heritage Site to provide a new care community (Use Class C2) comprising care residences and care suites and ancillary communal, care and well-being facilities, acting on behalf of Bath and North East Somerset Council.
  • Former Hartwell Garage - Two-week inquiry into a proposed mixed use redevelopment in central Bath (including up to 104 residential units (Class C3 Use), up to 186 student bedrooms (sui generis use) and a commercial retail unit (flexible A1/A3 Use), acting on behalf of Bath and North East Somerset Council.
  • Eccles Wastewater Treatment Works - Seven-week compulsory purchase order (CPO) inquiry in relation to discharge rights, acting on behalf of United Utilities (as junior to James Strachan QC). 
  • Huntingdonshire District Council v Johnson - Appeared on behalf of the applicant local authority in contempt proceedings relating to unauthorised work to a listed building in which the respondent was given a six-week suspended custodial sentence and ordered to pay £25,000 towards the local authority’s costs.
  • Air Studios - Secured the withdrawal of a planning appeal relating to extensive basement extensions that would have threatened the viability of the historic studios at Lyndhurst Hall in Hampstead (itself of significant architectural and historical interest classified as Grade II* listed) – acted on behalf of the world famous studios.
  • Cornwall Council (St Austell to A30 link road) Compulsory Purchase Order - Advising Cornwall County Council in relation to a major link road and side roads scheme, including the making of compulsory purchase order.
  • HS2 - Jon is currently instructed by the Department of Transport as part of the legal team promoting the HS2 project through parliament.

Environment

“A great fighter and takes every point, you would always want him on your side.” Legal 500 2023 (Environment)

Jon is ranked as a leading junior for environmental law (Chambers and Partners). 

Frequently instructed as both sole and junior counsel, Jon advises a range of clients across all aspects of environmental law, including those arising directly through the planning process (including environmental impact assessment and habitats assessments), and those arising from regulatory and commercial aspects. He acts in associated judicial reviews, planning and other appeals, nuisance and other common law claims.
 
Jon provides advocacy, drafts pleadings, and advises on liability, quantum and settlement in high-value and complex disputes across a range of subject matters, including nuisance (public and private), flooding, property damage (including subsidence) and environmental torts (including those relating to waste).

Jon’s wider public law practice provides him with a particular expertise in statutory challenges and applications for judicial review, in relation to which he has acted for claimants, defendants and interested parties.

Recent inquiries and cases of note:
 

  • Eccles Wastewater Treatment Works - Seven-week CPO inquiry in relation to discharge rights, acting on behalf of United Utilities (as junior to James Strachan QC).
  • G Forge Ltd – Judicial Review claim in relation to Stanford West Lorry Park - Instructed on behalf of an interested party in a judicial review brought on environmental impact assessment (EIA) grounds as a result of which the Secretary of State for Transport and Highways England pulled plans to build a lorry parking area for around 3,600 lorries at Stanford West in Kent.
  • London Gateway Port Strongroom Studios - Advising and acting on behalf of London Gateway Port (as junior to Stephen Tromans QC) in relation to nuisance claims brought by shellfish fishermen.
  • Strongroom Studios - Ongoing representation of Strongroom Studios, advising in relation to the interaction between the nuisance, environmental and planning regimes, including as it arises in relation to adjacent development proposals.

Energy and Natural Resources

Jon is highly regarded for his work in energy and natural resources law. He has advised and appeared in cases relating to oil and gas exploration, liquified natural gas (LNG) terminal ports, fracking, energy from waste projects and renewable energy in all of its various forms. He has promoted and objected to large scale schemes across this range of project types.

Recent inquiries and cases of note:

Harthill - Two- week inquiry into the proposed construction of a well site, mobilisation of drilling, ancillary equipment and contractor welfare facilities to drill and pressure transient test a vertical hydrocarbon exploratory core well, acting on behalf of Rotherham Metropolitan Borough Council. 

Woodsetts - Two-week inquiry into the proposed construction of a well site, mobilisation of drilling, ancillary equipment and contractor welfare facilities to drill and pressure transient test a vertical hydrocarbon exploratory core well, acting on behalf of Rotherham Metropolitan Borough Council.

Administrative and public

Jon has a wide public law practice, encompassing planning and environmental law, compulsory purchase, highways, housing, public procurement, civil liberties and human rights (including unlawful detention and associated claims), freedom of information, and local government law. Jon’s experience of local government law includes prosecutions in the Crown and Magistrates’ Courts concerning a range of matters, including environmental protection and noise abatement.

Jon is frequently instructed in relation to planning judicial and statutory reviews. His wider practice includes appearing in a significant number of immigration tribunal appeals, as well in relation to judicial review challenges to immigration decisions, the “Mau Mau” uprising, and naturalisation appeals (including SIAC matters). He regularly appears on behalf of the Secretary of State in relation to civil penalty appeals.

Jon is ranked as a leading junior for local government law (The Legal 500).

Inquests
Jon is regularly instructed in sensitive inquests, including appearing for both local authorities and families. 

Information and Media

Jon frequently advises on matters involving information rights, including matters arising under the GDPR, Data Protection Act and the Freedom of Information Act. He regularly advises in relation to appeals from Decisions of the Information Commissioner on behalf of both central and local government. 

Clinical Negligence and Personal Injury

Jon accepts instructions in a broad range of civil liability matters and acts for both claimants and defendants in fast-track and multi-track cases in the High Court and the County Courts (including familiarity with the relevant costs regimes), as well as appearing in the Coroners’ Court.

Jon provides advocacy, drafts pleadings, and advises on liability, quantum and settlement in high-value and complex disputes across a range of subject matters, including:

  • Employer’s liability
  • Occupiers’ liability
  • Highways claims
  • Claims under the Animals Act 1971
  • Road traffic accidents.

Jon also appears in applications for strike out and summary judgment, as well as costs and case management hearings.

Sport

Jon is developing his practice in relation to sports disciplinary and commercial law alongside other sports-related matters, both as specialisms and as they interact with other areas of his practice such as public, regulatory, licensing, personal injury and human rights. Jon sits as a Member of the Football Association’s General Appeal Panel.

A keen sportsman, Jon played semi-professional football for a number of years after his release from the professional game. As a student, he captained the Cambridge University football side and gained representative honours in badminton while competing at a national level. He also represented Northamptonshire County Cricket Club at youth level.

As such, Jon is well placed to advise and provide assistance in relation to various legal issues while at the same time having a profound understanding of the unique nature of sporting clients’ needs and the wider sporting industry.

Recommendations

“Jonathan is outstanding; he is just fantastic.” Chambers and Partners 2023

“He showed excellent knowledge on some very esoteric points of CPO law.  He was very willing to deal with ad hoc queries at short notice and is very client-friendly.” Chambers and Partners 2023

“Jon has a superb legal mind, an incisive way of getting to the heart of a problem, and is wholly unflappable. He has star quality. He is a go-to choice when a specialist planning junior is needed, and he has worked on a number of high value, tricky cases.” Legal 500 2023 (Planning)

“Jonathan is extremely knowledgeable, thorough, determined and passionate, and these all come across quite clearly in his advocacy.” Legal 500 2023 (Local Government)

“A great fighter and takes every point, you would always want him on your side.” Legal 500 2023 (Environment)

"He is really hard-working and dedicated and has excellent written skills." Chambers and Partners 2022

“He's very commercial, pragmatic and very easy to work with." Chambers and Partners 2022

“One of the best junior barristers at the planning Bar. He has a superb legal mind and very sound practical judgement.” The Legal 500 2022

“He’s got extremely good judgement and an incredible ability to handle detail, and the moment he opens his mouth, people listen.” Chambers and Partners 2021

“He’s extremely responsive, very sharp and on the ball. He combines good technical advice with a high degree of commerciality.” Chambers and Partners 2021

“Very good with clients and has a calm authority that puts clients at their ease. Good on technical issues where multiple parts of different law intersect.” The Legal 500 2021

“He has the ability to get to the root of the matter and simplify it with clarity. He is calm, measured and expert in his delivery.” “He understands the stresses that clients are under and doesn’t patronise them.” Chambers and Partners 2020