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, section 106 obligations, listed buildings and conservation areas, scheduled monuments, Article 4 directions, Council committee meetings, inquiries and 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, waste treatment, strategic rail freight interchanges and windfarms. Stephen advises on compensation for compulsory purchase as well as appearing in the Lands Chamber of the Upper Tribunal in connection with the same.

Examples of large-scale proposals with which Stephen has recently been involved or is currently involved include HS2, the M4 smart motorway DCO, the A180/A160 DCO in Lincolnshire, the A556 DCO in Cheshire, the Thames Tideway Tunnel DCO in London, the A21 in Kent, the £6bn redevelopment of London Bridge Station, compulsory purchase to facilitate the new stadium for Tottenham Hotspur FC, proposed oil exploration in the Surrey Hills, aviation expansion at Farnborough Airport and Dunsfold Aerodrome, the Radlett strategic rail freight interchange and numerous proposals for large-scale housing development. At the other end of the spectrum, Stephen’s recent work has included advising on a planning application for eight flats, advising a parish council on a Local Plan Examination, a judicial review challenge to planning permission for a new dwelling, drafting submissions for a planning appeal under Written Representations and advising on a listed building consent.

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’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, section 106 obligations, listed buildings and conservation areas, scheduled monuments, Article 4 directions, Council committee meetings, inquiries and 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, waste treatment, strategic rail freight interchanges and windfarms. Stephen advises on compensation for compulsory purchase as well as appearing in the Lands Chamber of the Upper Tribunal in connection with the same.

Examples of large-scale proposals with which Stephen has recently been involved or is currently involved include HS2, the M4 smart motorway DCO, the A180/A160 DCO in Lincolnshire, the A556 DCO in Cheshire, the Thames Tideway Tunnel DCO in London, the A21 in Kent, the £6bn redevelopment of London Bridge Station, compulsory purchase to facilitate the new stadium for Tottenham Hotspur FC, proposed oil exploration in the Surrey Hills, aviation expansion at Farnborough Airport and Dunsfold Aerodrome, the Radlett strategic rail freight interchange and numerous proposals for large-scale housing development. At the other end of the spectrum, Stephen’s recent work has included advising on a planning application for eight flats, advising a parish council on a Local Plan Examination, a judicial review challenge to planning permission for a new dwelling, drafting submissions for a planning appeal under Written Representations and advising on a listed building consent.

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.

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 (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’s recent work in this field has included advice on CIL payments, planning injunctions, criminal proceedings for uprooting trees, a reserved matters application for a sports lake and a proposed football training academy on Metropolitan Open Land. Stephen has acted as a village green Inspector.

Highways and Rights of Access