Stephen Whale

Planning

Stephen’s experience embraces all aspects of the planning process, including the formulation of planning proposals and plans, planning applications, prior approval, permitted development, enforcement, certificates of lawfulness, environmental impact assessment, habitats regulations assessments, section 106 obligations, listed buildings and conservation areas, scheduled monuments, Article 4 directions, agricultural occupancy conditions, committee meetings, inquiries, hearings, judicial review challenges and statutory challenges in the High Court and above.

Stephen represents clients in criminal law proceedings in connection with enforcement notices, tree preservation orders and listed buildings.  His workload has concerned a wide range of development proposals, including for housing, retail, airports, farm diversification, waste treatment, strategic rail freight interchanges and windfarms.

Examples of cases Stephen has recently been involved in or is currently involved in include: housing schemes in Essex and Gloucestershire; Court of Appeal proceedings on the correct service of an enforcement notice; a proposed new motorway service area in Cheshire; certificate of lawfulness applications in Derbyshire, Kent, Lancashire, Surrey, Sussex and Worcestershire; defending clients in Proceeds of Crime Act 2002 proceedings; an enforcement inquiry in London; advice on works to a listed hotel; and advice on a draft Local Plan for a local plan examination.

Environment

Stephen has a particular interest and expertise in rural and agricultural planning law and similar matters. Recent examples include: grouse moor enforcement appeal (Yorkshire); certificate of lawfulness for shooting estate (Hampshire); forestry buildings and prior approval (Dartmoor); rights of common on golf club land (Sussex); bridleway diversion (Surrey); footpaths across equine stud farm (Hampshire); curtilage development in Green Belt (Essex); affordable housing in a hamlet (Somerset); oil exploration in an AONB (Surrey); grazing rights on registered common land (Dartmoor); agricultural barn conversion (Northumberland). Stephen is an active member of the Agricultural Law Association.

Highways, Footpaths and Rights of Way

Stephen has a wealth of experience on highways and similar matters, including: major motorway and A-road schemes (A63, M4, A180/A160, A556, A21); traffic regulation orders (including Trail Riders Fellowship v Hampshire CC [2019] RTR 39; Trail Riders Fellowship v Devon CC [2013] EWHC 2104 (Admin)); proposals to create, divert or extinguish public footpaths and bridleways; England Coast Path. He has appeared at DCO examinations, roads inquiries and rights of way inquiries on many occasions.

Environment

Stephen is very experienced in environment law matters, including biodiversity net gain, environmental impact assessment, habitats regulations assessments, SSSI consents, commons, village greens and forestry.

Examples of cases Stephen has recently been involved in or is currently involved in include: SSSI consent application and appeal; Forestry Act 1967 appeal against restocking notice; SSSI denotification application; alleged offence of injuring registered village green; hearing into common land registration applications; habitats regulations assessment of compliance with enforcement notice; a planning application for permission to carry out development on common land; and a section 106 obligation to deliver biodiversity net gain.

Local Government

Stephen has advised a very large number of local authorities over the years, including in their capacities as local planning authority, highway authority, traffic authority (including traffic regulation orders), registration authority (commons and village greens), order making authority (definitive statements and maps) and licensing authority (premises licences). He also routinely represents those opposed to or involved with local authorities for one reason or another. Stephen has acted as a village green Inspector on several occasions.

Examples of cases Stephen has recently been involved in or is currently involved in include: defending a High Court challenge to a traffic regulation order (Trail Riders Fellowship v Lincolnshire County Council [2026] EWHC 88 (Admin)); advice on application to de-register common land; advice on conversion of an experimental traffic regulation order into a permanent traffic regulation order; advice on opposing definitive map modification order application; representation at Highways Act 1980 tree works notice appeal hearing; representation at definitive map modification order inquiry; advice on High Court challenge to confirmation of definitive map modification order; advice on serving penalty charge notices; and representation at common land registration hearing.

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.

Highways and Rights of Access