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Eric Owen
Year of Call: 1969
Profile
Eric practises in local government , Public Law, in particular Public Procurement, State Aid, European law, environmental law, Compulsory Purchase, ( including Roads Housing and cemeteries) Licensing and Regulation, Planning law (including, Heritage Minerals and Retail), Gypsies and Travellers, Energy, human rights, highways, ecclesiastical law and election law.
Eric has extensive experience of the Public Contracts Regulations 2006. He is instructed by the public and the private sector and acting for public authorities he has succeeded in keeping many potential challenges out of court.
He has advised frequently in relation to the Habitats Regulations and appeared for Wrexham Council in a Modification Order Public Inquiry to protect a SAC.
He has appeared in many civil cases, in particular judicial review, Lands Tribunal and public inquiries.
Public Procurement
Eric has extensive experience of the Public Contracts Regulations 2006. He is instructed by the public and the private sector and acting for public authorities he has succeeded in keeping many potential challenges out of court.
Advisory work include Telecommunications Procurement by Greater Manchester Police prior to the Commonwealth Games.
Recent work includes appearing for a private sector domicilary care provider in a High Court challenge under the Public Contract Regulations 2006 ( Croft Homes v Durham County Council 2010 ).
Planning
Eric has extensive experience advising on planning issues and conducting planning inquiries both for and against local planning authorities. In addition he has appeared in High court challenges to planning permissions for example a challenge by Britannia Hotels against a permission granted to United Utilities for a pipe line in Bury ( 2009).
In recent years he has appeared in a significant number of cases concerning gypsies and travellers.
Planning application for substantial sand and gravel extraction in Lancashire 2008.
In 2007 he worked for Northumberrland CC on a major appeal for planning permission in respect of over 3 million tonnes of coal by opencast and he promoted the UDP for the City and County of Swansea. .
Application for planning permission by developers for sandwinning off Southport and representing a local authority in a similar case (Government View) off Gower in South Wales . Both cases involved the Habitat Regulations.
In 2006 he promoted a CPO for Denbighshire CC in respect of a site for a Tesco superstore in Prestatyn. He appeared subsequently in the appeal to the Administrative Court and defended the decision successfully .
Other major public inquiries in which Eric has worked include the Manchester Airport Second Runway Inquiry (for the Department of Transport - Civil Aviation and Highways) (1995), the Vale of York Electricity Act Inquiry (1995). Eric has promoted a number of highway schemes for the Highways agency and local authorities.
Eric has also worked on a number of significant Development Plans., including Minerals and Waste Plans.
Signficant cases
Britannia Hotels v Bury MBC ( statutory challenge to a permission granted to United Utilities for a pipe line in Bury 2009) .
Home Builders Federation v Stockport MBC JPL [2000] 616 (statutory appeal against a development plan)
He appeared in the Court of Appeal in Whittaker v Lancaster City Council, CA 8 October 1997 when an injunction was granted to require the return of a sculpture by the celebrated sculptor Eric Gill to the Midland Hotel in Morecambe, a Grade II* listed building.
Airports
Other major public inquiries in which Eric has worked include the Manchester Airport Second Runway Inquiry (for the Department of Transport - Civil Aviation and Highways) (1995).
Electricity and windfarms
Eric has advised in relation to windfarm issues in various parts of the country including Swansea and appeared at Public Inquiries including Gwynt y Mor North Wales 2009
Vale of York Electricity Act Inquiry ,National Grid (1995).
Highways
Eric has promoted a number of highway schemes for the Highways Agency and local authorities, including the Manchester Airport Second Runway.
Eric represented Wigan MBC in the CPO inquiry concerning highway access to the JJB Stadium and defended the decision successfully in the High Court and in the Court of Appeal
Compulsory Purchase
Eric has advised extensively on CPO powers in a wide range of areas including roads housing and cemeteries and appeared at many public inquiries promoting CPO schemes. He has appeared also for objectors.
Eric represented Wigan MBC in the CPO inquiry concerning highway access to the JJB Stadium and defended the decision successfully in the High Court and in the Court of Appeal.
R (on the application of Burnley Borough Council and Rowe) v First Secretary of State [2006] EWHC 798 (Admin) exclusion of properties from a CPO (one of the Pathfinder schemes).
Development Plans
Eric has extensive experience in development plan work including advisory work in relation to LDFs .Eric ahs appeared for many local planning authorities including mineral and waste plans. He has appeared often for objectors to plans.
A significant reported case is Home Builders Federation v Stockport MBC JPL [2000] 616 (statutory appeal against a development plan).
Ecclesiastical Law
Eric is an ordained priest ( Church in Wales).
He has appeared as an advocate in the Consistory Court in connection with faculty applications, for example in relation to Gresford Church 2002 (Grade 1).
Eric represented the Archbishop of Wales and the Governing Body of the Church in Wales in a judicial review challenge to the decision to ordain women to the priesthood.
Human Rights
R Bryan v United Kingdom [1996] 1 PLR 47, ECHR ( this was before the European Court of Human Rights , it was the first case to test the planning system against the European Convention on Human Rights article 6 )
Significant Work includes:
Recent work includes appearing for a private sector domicilary care provider in a High Court challenge under the Public Contract Regulations 2006 ( Croft Homes v Durham County Council 2010 ).
Beazer Homes v Durham County Council 2010 ( interpretation of Transfer in context of highway law).
CPO in relation to wind farming off the North Wales coast 2009 ( Gwynt y Mor).
Planning application for substantial sand and gravel extraction in Lancashire 2008.
In 2007 he worked for Northumberrland CC on a major appeal for planning permission in respect of over 3 million tonnes of coal by opencast and he promoted the UDP for the City and County of Swansea. .
Application for planning permission by developers for sandwinning off Southport and representing a local authority in a similar case (Government View) off Gower in South Wales . Both cases involved the Habitat Regulations.
Advisory work in relation to Telecommunications Procurement by Greater Manchester Police prior to the Commonwealth Games.
In 2007 Eric successfully resisted an application for a landfill waste site at Clayhanger Crewe and in 2005 he resisted successfully an application by a waste disposal operator for judicial review against North Lincolnshire Council in respect of another waste site.
In 2006 he promoted a CPO for Denbighshire CC in respect of a site for a Tesco superstore in Prestatyn. He appeared subsequently in the appeal to the Administrative Court and defended the decision successfully .
He also appeared for Staffordshire CC in a judical review case concerning the licensing of bird shows, a case involving consideration of the European regulatory regime dealing with Asian bird flu.
Eric has been involved in a number of significant cases dealing with human rights and prisoners rights, including an application against the Home Office under the Disability Discrimination Act which resulted in the provision of dedicated accommodation for a life prisoner. .
Other major public inquiries in which Eric has worked include the Manchester Airport Second Runway Inquiry (for the Department of Transport - Civil Aviation and Highways) (1995), the Vale of York Electricity Act Inquiry (1995). Eric has promoted a number of highway schemes for the Highways agency and local authorities.
Eric has also worked on a number of significant Development Plans., including Minerals and Waste Plans.
Significant Reported Cases:
Croft v Durham County Council [2010] ( disclosure of documents in procurement challenge)
R (on the application of Burnley Borough Council and Rowe) v First Secretary of State [2006] EWHC 798 (Admin) exclusion of properties from a CPO (one of the Pathfinder schemes).
Home Builders Federation v Stockport MBC JPL [2000] 616 (statutory appeal against a development plan)
He appeared in the Court of Appeal in Whittaker v Lancaster City Council, CA 8 October 1997 when an injunction was granted to require the return of a sculpture by the celebrated sculptor Eric Gill to the Midland Hotel in Morecambe, a Grade II* listed building.
Eric represented Wigan MBC in the CPO inquiry concerning highway access to the JJB Stadium and defended the decision successfully in the High Court and in the Court of Appeal.
He has appeared also in the Consistory Court in connection with faculty applications, for example in relation to Gresford Church 2002 (Grade 1). Eric represented the Archbishop of Wales and the Governing Body of the Church in Wales in a judicial review challenge to the decision to ordain women to the priesthood.
Eric has a particular interest in energy and mineral issues. He has appeared in public inquiries and advised in relation to electricity issues, including wind farming. He appeared against the National Grid in the Vale of York DTI Public Inquiry in 1995.
R Bryan v United Kingdom [1996] 1 PLR 47, ECHR ( this was before the European Court of Human Rights , it was the first case to test the planning system against the European Convention on Human Rights article 6 )
North Shropshire District Council v Edwards [1991] JPL 958, CA
Rolf v North Shropshire District Council (1988) 55 P & CR 242
Memberships:
Former Committee member of the Bar European Group
Former Committee member of the Planning and Environment Bar Association.
Northern and North Eastern Circuits
Eric was a member of the Church in Wales Legal Sub committee
Career & Education
University: Liverpool
Degree: Law (LLB)
Year of Call: 1969
Joined Chambers: 1990
Other Career Information: Eric is an ordained priest in the Church in Wales. He has
a working knowledge of Welsh
