Andrew Byass

Planning

Andrew is a top-rated planning junior in the 2023 Planning Law Survey and is ranked in Legal 500 (tier 3) and Chambers and Partners (band 5) for planning. Chambers and Partners describes him as “one of the very best juniors” and “an excellent advocate, knowledgeable and very thorough, which is coupled with excellent interactions with the clients.”

Andrew’s practice covers all areas of planning and environmental law. He acts for major developers, landowners, individuals and local authorities in a range of matters involving infrastructure, retail, residential, energy, waste, student accommodation, neighbourhood planning, public rights of way, highways, green belt, habitats, EIA, planning enforcement and other environmental law matters.

Andrew has acted, and continues to act, for government across a range of infrastructure policy matters, including advising the Department for Transport on the development of the Airports National Policy Statement, and acting in challenges to the Airports NPS, the aviation Jet Zero Strategy, the Energy and National Networks National Policy Statements, and the Road Investment Strategy 2 (which sets out the proposed £27.4 billion investment over the next five years in the strategic road network). These have covered the whole span of infrastructure related issues, including climate change and matters relating to the Climate Change Act 2008.

Other notable experience includes:

• Acting at inquiries in respect of tall building proposals in various London locations, promoting residential, student and mixed-use schemes.
• Acting for Manchester authorities and TfGM in respect of their parliamentary petitions for HS2 Phase 2b.
• Appearing in the High Court in respect of s. 288 and judicial review challenges to planning appeals and decisions, including defending the grant of planning permission to Lendlease for the High Road West regeneration scheme in Tottenham.
• Appearing at DCO and local plan examinations for land promoters and other interested parties, including the Net Zero Teeside DCO.
• Advising housebuilders and others on representations in response to calls for sites and forthcoming examinations in public of new development plans.
• Advising on strategic urban expansions, including for residential and associated uses.
• Providing advice to developers, local planning authorities and statutory undertakers on various matters including infrastructure, retail schemes, s. 106 contributions, CIL, permitted development rights and housing.

Commercial/Retail

Andrew regularly advises on or appears in retail matters. His experience includes acting for landowners and developers on a range of retail schemes, including appearing (for the landowner developer) at the inquiry into the major mixed-use scheme to provide 30,000 sqm of additional retail and leisure floorspace at Tollgate Village in Colchester.

Andrew’s notable experience includes:

• Acting in a successful appeal against the refusal to provide two food and drink units within a town centre location in Stockwell.
• Advising on the discharge, scope and variation of floorspace, use and access conditions to provide retail and leisure floorspace in Tollgate.
• Appearing in a claim challenging the provision of consent to a large retail and leisure scheme at the Northern Gateway, Colchester, for failure to properly apply the sequential test.
• Appearing at an appeal against refusal of permission for 10 A1, A3/A5 units in the Kingswood Retail Park, refused on sequential and retail impact grounds.
• Appearing at an appeal to successfully secure permission to redevelop a retail park and vary conditions, in a town centre location in Swansea.

Compulsory Purchase and Compensation

Andrew has advised on or been instructed in a range of compulsory purchase matters, including:

• Acting for HS2 in respect of multi-million pound compulsory purchase claims associated with the rail route, including claims involving issues relating to hope value, ransom claims, injurious affection, and related issues.
• Appearing for Haringey Borough Council, in relation to the confirmation of the London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order 2016.
• Appearing for Hounslow Borough Council in respect of the inquiry into the compulsory purchase order to facilitate the development of a 20,000 seat football stadium for Brentford Football Club, and enabling housing.
• Acting for Transport for London in respect of a rule 2 and 6 claim arising under Crossrail.
• Appearing on behalf of FCC Environment (UK) Ltd in respect of the challenge to the award of compulsory purchase powers with the Rookery South development consent order.

Development Consent Orders

Andrew has advised on a wide range of infrastructure policy and project matters, involving DCO applications, hybrid bills and national infrastructure policy. His hybrid bill experience involves acting for a group of Manchester authorities in respect of their petitions in respect of the HS2 phase 2b Bill, covering a range of planning, environmental and transport matters. Andrew has acted for government across a range of infrastructure policy matters, including advising the Department for Transport on the Airports National Policy Statement, and acting in challenges seeking review of the Energy and National Networks National Policy Statements, and in the challenge to the Road Investment Strategy 2 (which sets out the proposed £27.4 billion investment over the next five years in the strategic road network). 

Development Contracts and Overage

Andrew has advised and acted in arbitration and other claims regarding development contracts and overage provisions. His experience includes advising on the proper approach to valuation provisions, as well as relevant triggers to the payment of overage.

Development Contribution: Section 106 and CIL

Andrew frequently advises on the negotiation and legal effect of section 106 agreements and on matters relating to CIL.

Notable experience:

• Advising on section 106 agreements and undertakings in the context of inquiries and other appeals, including when the terms of the agreements or undertakings are contested.
• Advising on the use of section 106 agreements to secure payments to third party statutory undertakers.
• Appearing at inquiries involving the variation or discharge of s. 106 agreements.
• Successfully bringing proceedings in the High Court to compel the payment of contributions required under a s. 106 agreement, involving disputes about interpretation.
• Advising on the Mayor of London’s Affordable Housing SPG and emerging policy in the London Plan addressing the nature and type of obligations required, including in respect of review mechanisms.

Development Plans and other planning policy

Andrew has appeared at local plan examinations and advised on the content and development of local and national policy. His national policy experience includes advising (since 2016) on national aviation policy, including the Airports NPS and the Aviation Jet Zero Strategy. He is presently acting for the Department for Transport in respect of the judicial review challenge to the Jet Zero Strategy, and previously acted for the Department in respect of the challenges to the Airports NPS. 

Energy

Andrew’s energy experience includes appearing at DCO examinations, acting in claims in respect of Energy related projects, and advising the government in respect of challenges to the Energy NPS. Andrew has advised on a wide range of infrastructure policy and project matters, involving DCO applications, hybrid bills and national infrastructure policy.

Environment

See Andrew's main Environment page.

Green Belt

Andrew’s planning practice frequently involves matters relating to Green Belt development. This includes advising on a wide range of development in the Green Belt, from large housing schemes to industrial and commercial development, and appearing at hearings and inquiries involving these matters.

Heritage

Andrew has advised on or acted in a wide range of matters with heritage considerations, on behalf of both local planning authorities and developers. His experience spans developments affecting designated and non-designated heritage assets, the Kew World Heritage Site, registered parks and gardens, and all grades of listed buildings, as well as developments requiring listed building consent. Andrew has particular experience in advising on matters involving heritage impacts arising from tall building developments.

Highways, Footpaths and Rights of Way

Andrew has extensive experience in advising on a wide range of highways matters, including the ownership and maintenance of private and public highways (including bridges), stopping up of highways, obstruction of highways, and highways adoption. He has advised on related compensation issues relating to highways developments, and acted for National Highways in respect of collateral challenges to powers of entry in respect of major road schemes.

Infrastructure

Andrew has advised on a wide range of infrastructure policy and project matters, involving DCO applications, hybrid bills and national infrastructure policy. His hybrid bill experience involves acting for a group of Manchester authorities in respect of their petitions in respect of the HS2 phase 2b Bill, covering a range of planning, environmental and transport matters. Andrew has acted for government across a range of infrastructure policy matters, including advising the Department for Transport on the Airports National Policy Statement, and acting in challenges seeking review of the Energy and National Networks National Policy Statements, and in the challenge to the Road Investment Strategy 2 (which sets out the proposed £27.4 billion investment over the next five years in the strategic road network).

Over the course of his involvement with these matters, Andrew has advised on the interpretation and application of the Planning Act 2008 at both the NPS and DCO stages, as well as matters including SEA, habitats, compulsory purchase and blight, noise regulation and mitigation, air quality, climate change, and consultation processes.

Andrew’s other notable experience includes:

• Acting in Sawkill v Highways England, concerning a challenge to the use by Highways England of powers of survey under s. 172 of the Housing and Planning Act 2016.
• Appearing on behalf of a pipeline operator at the Net Zero Teeside DCO examination
• Acting for Manchester authorities and TfGM in respect of their parliamentary petitions for HS2 Phase 2b.
• Acting for the DfT resisting the challenge to the aviation Jet Zero Strategy.

Minerals and Waste

Andrew’s experience in minerals and waste matters includes successfully promoting (at inquiry) the development of a waste recycling facility on the outskirts of Winchester, and advising on minerals and waste related matters, including the proper classification of waste.

Planning Appeals, Inquiries and Hearings

Andrew frequently appears at inquiries and hearings, and advises on appeals. He acts for developers, local authorities, rule 6 parties, and statutory agencies.

Planning Crime

Andrew has appeared in both the Magistrate’s and Crown Courts in respect of breaches of enforcement notices. His experience includes both the prosecution and defence of planning crimes.

Planning Enforcement and Injunctions

Andrew has appeared for both landowners and local planning authorities at inquiries appealing enforcement action taken in respect of unlawful development, and regularly advises on such matters. Andrew’s recent experience includes acting for a landowner in respect of the unlawful development of a car wrecking yard (grounds a, f and g), and acting for or advising local planning authorities on a range of enforcement matters.

Andrew has also appeared in the Magistrates and Crown Courts in respect of criminal prosecutions and was recently successful in having a sentence rescinded under s. 142 of the Magistrates Court Act 1980 which was imposed upon a mentally ill landowner who was unaware of enforcement proceedings.

Planning Judicial and Statutory Reviews

Andrew frequently appears in planning related judicial and statutory reviews. His extensive public law experience means that Andrew is particularly well-placed to appear in these matters, given his long-standing experience of public law principles and procedures. Notable highlights include:

• Acting for the Department for Transport defending the challenges to the Airports NPS.
• Appearing for developers as interested parties in statutory reviews, supporting submissions made by the Secretary of State or the local authority decision-maker. A recent example is the challenge to the High Road West scheme involving the construction of over 2,600 homes and other development in Tottenham.
• Acting for local authorities defending planning decisions, including acting for Herefordshire Council in the important case concerning the correct approach to prior approval decision-making: R. (on the application of Smolas) v Herefordshire Council [2021] EWHC 1663 (Admin).

Residential

Andrew’s residential housing work has involved promoting both small and large residential schemes for landowners and developers, as well as acting for local authorities in resisting such schemes. His experience involves appearing at inquiries as well as advising housebuilders, developers and others on site selection, and representations in response to calls for sites and forthcoming examinations in public of new development plans.

Through both his inquiry and advisory experience, Andrew has advised on a host of housing-related matters, including housing land supply issues, employment land issues, highways impacts, tall buildings, waste water impacts, air quality, heritage impacts, landscape, flood risk and drainage, green belt and green wedge development, amenity impacts, noise and other environmental and planning issues.

Andrew’s notable experience includes:

• Appearing at a long running inquiry promoting a PBSA scheme near Euston (in the CAZ and an OA) in the LB Camden.
• Acting for Lendlease in respect of the challenge to the grant of permission for a large mixed-use residential scheme at High Road West, Tottenham, in the LB Haringey (including advising on aspects of the successful application for planning permission).
• Appearing on behalf of Galliard Homes at an inquiry against the refusal of permission for a residential led mixed used scheme involving a tall building in Mile End, London.
• Successfully promoting a tall co-living scheme for Galliard Homes in the LB Hounslow.
• Advising Redrow Homes in respect of the submission of an appeal against the refusal of planning permission for a residential led mixed-use scheme comprising 305 units and associated development.
• Acting for Natural England at a called-in inquiry for major housing development in the High Weald AONB.
• Advising Herefordshire Council in respect of the interpretation and application of its development plan policies and the appropriate levels of contributions to be secured in s. 106 agreements.
• Advising Welsh Water as to the securing of financial contributions through s. 106 obligations, for the improvement of wastewater treatment plants.
• Advising on the merits of prospective or ongoing residential schemes, including appearing at inquiries and hearings.

Transport Orders and Parliamentary Bills

Andrew has appeared at inquiries or hearings involving both transport orders and parliamentary bills. Notable highlights include appearing for Natural Resources Wales at the inquiry into the Morlais tidal energy scheme, and appearing for a group of Manchester authorities in respect of their petitions concerning HS2 phase 2b.

Environment

Andrew’s experience covers SEA, EIA, habitats, contaminated land, environmental permitting, air quality, climate change, noise and water.

Andrew's notable experience includes:

• Advising on and defending the government’s Jet Zero Strategy, which sets out the government’s strategies on carbon reduction in the aviation sector.
• Acting on behalf of Manchester authorities raising various environmental impact petitioning points in respect of the HS2 Phase 2b Bill.
  
• Defending the government’s approach to habitats (selection of alternatives), air quality and climate change in the Airports NPS.
• Defending the challenge to the Road Investment Strategy 2, raising matters relating to climate change, legitimate expectation, air quality, and application of SEA.
• Advising on the preparation of appeal documentation challenging refusal of permission due to air quality impacts.
• Successfully resisting development due to the risk of breach of a discharge consent at a wastewater treatment works.
• Advising on the failure to properly regulate an environmental permit, having the effect of causing excess pollution and stopping residential development coming forward.
• Advising on the discharge of an environmental permit to facilitate the remediation of contaminated land and prospective housing development.
• Advising on the provision of further environmental information in support of an appeal against refusal of development.
• Acting in respect of a noise abatement notice issued in respect of the operation of steel works.

Public and Administrative

Andrew has a broad public law practice, built upon his experience as a senior public law solicitor in central government (a role he worked in before switching to the bar in 2010). Andrew’s public law work now includes NHS related matters, immigration, human rights, planning, information law, national security matters and EU law.

Andrew’s recent experience includes:

• Advising and appearing in claims challenging national policy based decision-making, principally on grounds relating to climate change, including in respect of challenges to decision-making concerned with the Energy National Policy Statements, the National Networks National Policy Statement and the second Road Investment Strategy.
• Advising on a range of matters relating to healthcare law, including the vires and legality of actions of NHS bodies, NHS Continuing care, primary care contracts, reconfiguration procedures and procurement and contracting issues.
• Acting on behalf of both appellants and the Secretary of State in immigration matters in the First-Tier Tribunal, Upper Tribunal, High Court, Court of Appeal, and Supreme Court with a particular specialism in Article 8 and appeal rights claims.
• Acting in appeals before the Special Immigration Appeals Commission, Investigatory Powers Tribunal, and the courts, in matters involving national security issues.
• Acting on behalf of claimants and defendants in judicial review proceedings concerning planning and compulsory purchase matters, including in respect of challenge to the Airports NPS (which involved, among other matters, parliamentary privilege, pre-determination, consultation, statutory interpretation, EU law and standards of review in judicial review proceedings).
• Advising on access to information and data protection issues, including in respect of challenges in the Investigatory Powers Tribunal.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Energy

EU Law post-Brexit

Highways and Rights of Access

Local Government

Public Interest Litigation

Public Works Projects