Timothy Corner KC

Planning

Tim’s planning work embraces all types of development. He appears regularly in the higher courts and in the Upper Tribunal (Lands Chamber) as well as in inquiries, examinations and hearings. He is listed by Chambers & Partners as a top tier planning silk.

Tim’s recent cases in court include:

• Secretary of State for Transport v Curzon Park Ltd [2023] UKSC 30, [2023] PTSR 1564 (Supreme Court, compulsory purchase, whether when an application for a Certificate of Appropriate Alternative Development-“CAAD”-is determined in relation to a site, applications for CAADs on other land can be taken into account)
• R (Spitalfields Historic Buildings Trust) v London Borough of Tower Hamlets & Old Truman Brewery Ltd [2023] EWCA Civ 917, (Court of Appeal, lawfulness of standing orders preventing Planning Committee members from voting on a planning application if they were not present when the application was previously considered by the Committee)
• R (Transport for London) v London Tribunals [2023] EWHC 2889 (Swift J, lawfulness of TfL issuing parking fines based on CCTV evidence and relationship between judicial review and statutory review provisions)
• Hayle Town Council v Cornwall Council and Burrington Estates (Hayle) Ltd and Progress Land (Hayle 3) Ltd [2023] EWHC 389, (Lane J, whether a planning application had to be reconsidered by the Committee following a change of circumstances)
• Wild Justice v Natural Resources Wales [2021] Env L.R. 24 (High Court, judicial review challenge to licences to cull wild birds)
• Sawkill v Highways England [2020] EWHC 801 (Dove J, Development Consent Orders, general principles of statutory construction)
• Burgos and Amayo v Secretary of State [2019] EWHC 2792 (Jay J, lawfulness of Secretary of State’s decision to confirm compulsory purchase order at Seven Sisters)
• Leicester University v Secretary of State [2016] JPL 709 (Supperstone J, relevance of extrinsic evidence in interpreting planning permissions)
• Turner v Secretary of State [2015] EWCA Civ 582 (Court of Appeal, bias in public law).

As a Deputy High Court Judge Tim regularly deals with planning cases in the Administrative Court. His recent judgements include Bounces Properties v Secretary of State [2023] EWHC 735 (Inspector’s duty to seek views of parties on points not raised in the evidence), Strongroom Ltd v London Borough of Hackney [2023] EWHC 488 (costs where a planning judicial view settles), R (Wells) v Welwyn Hatfield Borough Council [2022] EWHC 3298 (Inspector’s duty to inspect property of an objecting third party), R (Buxton) v Cambridge City Council [2022] JPL 487 (listed buildings, relevance of reversibility of alterations) and R (G) v Thanet DC [2021] EWHC 2026 (bias, appropriate assessment, delegation to officers).

Tim appeared for the Welsh Government at the examination of the Wylfa Newydd Development Consent Order and recently acted for HS2 in a major compulsory purchase compensation claim in the Upper Tribunal.

Recent public inquiries and Local Plan examinations include appearance at the Bedford Local Plan examination for O & H Ltd (4000 homes in a new settlement) and inquiries for Berkeley (new riverside development in Reading, new school and housing in the Surrey Green Belt), BMOR (12 and 14 storey residential development in Vauxhall), Sainsbury’s (new stores with major residential above in Ilford and Whitechapel), Haringey Council (Wards Corner CPO, large scale regeneration) and Canary Wharf and Qatari Diar (Southbank Place development behind the London Eye). He has also recently secured allocation for 5000 new homes and 30h. of employment in the Central Bedfordshire Local Plan, on behalf of O&H Ltd.

Tim is listed by Chambers & Partners as a leading silk in planning law (top tier) and by the Legal 500 as a leading silk in planning and environment law.