Paul Tucker QC

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Year of Call: 1990
Year of Silk: 2010

Paul Tucker QC is enjoying increased visibility in the market and his elevation to the level of silk is felt to be well deserved (Chambers UK 2012)

Profile:

Educated at Raincliffe Comprehensive School and Scarborough Sixth Form College

Degree: MA (Cantab) - Selwyn College Cambridge (1985 to 1988)

Called to the Bar in November 1990, after a period of post graduate research at the University of British Columbia 1988/89

Member of the Attorney General's Regional Panel of Junior Counsel to the Crown 2007 to 2010.

Appointed Queens Counsel 2010

Member of the Planning and Environmental Bar Association ('PEBA'), the Administrative Law Bar Association ('ALBA') and the United Kingdom Environmental Law Association.

Has presented papers to the Planning Inspectorate and the RTPI  as well as undertaking many other speaking commitments and Mock Inquiries.

 

Practices in the areas of Town and Country Planning, Environmental Law, Local Government Law, Highway Law, the Law of Compulsory Purchase.

Has acted for both the public and the private sectors throughout the UK having acted for a local authorities, Government Agencies and a wide range of private sector developers. He promoted major retail proposals on behalf of most of the major UK convenience retailers; as well as mineral and landfill proposals, residential developers (including acting as retained panel counsel for McCarthy and Stone) and other environmentally sensitive proposals.

Has acted as counsel for the local authority in over a dozen development plan inquiries across the North of England and Wales. He promoted the first core strategy to be adopted in the North West (Lancaster).

He has a particular expertise in large infrastructure cases. Significant inquiries include:

 

Retail

2010 Tithebarn - opposing the £700M expansion of Preston City Centre on behalf of a consortium of neighbouring authorities

2009 Bryn y Grog - successful promotion of out of town 'antiques emporium' near Wrexham

2009 Emerson Group - successful promotion of out of centre retailer near Stockport

2009 Centros - acted for Lancaster in proposed expansion of City Centre

2009  Kendal Rugby Club - successfully opposed large scale retail development on behalf of a rival operator

2009 Great Homer Street - successfully opposed Tesco scheme in order to achieve preferred retail development at local centre

2009 Libery Properties - successfully secured consent on appeal for new retail development on edge of centre (one comparison unit and one new Lidl)

2008 Kingston Park - successfully promoted redevelopment of retail park near Newcastle

2008 National Brands  - successfully opposed enforcement notice to restrict non-conforming out of centre retail in Liverpool

2006 Darley Dale - a proposal for a new district centre near Matlock

 

Infrastructure and Energy

2010 - Fewcott - promoting a large windfarm in a sensitive part of Oxfordshire

2010 - Berrier Hill - opposing large windfarm close to Lake District National Park on behalf of third party action group and Friends of the Lake District

2009 - Moorsyde/Toft Hill/Barmoor - acted as counsel for the LPA in the largest wind turbine inquiry in 2009 involving 3 conjoined schemes - only one was permitted

2009 King Street Gas Project - successfully promoted gas storage project and 50 km pipeline across Cheshire - project value £1/3Bn

2009 Hellrigg - opposing wind farm close to AONB and Lake District National Park

2008 - Elvington - successfully opposed proposals to create a new regional airport near York after 2 week inquiry

2007 - Middlemoor opposing a proposal for 19 wind turbines close to an AONB, RPG, National Park

2006 - A1 Dishforth to Barton - successfully promoted upgrade of A1 to motorway standard on behalf of Highways Agency. Project value £1/2Bn

2006 - Canatxx successfully oppose a proposal for the storage of 1.6Bn tonnes of gas storage in Lancashire in 24 proposed new underground salt caverns

Paedswood - a proposal for a new Cement Kiln Incinerator in Padeswood;

 

Minerals and Waste

2010 Seaview Farm - acting for WPA seeking to remove massive overtipping at landfill site

Ince Marshes - acted for Cheshire County Council in a proposal for a 56 Ha Resource Recovery Park including large EfW proposal

2009 Parrys Quarry - opposing proposal for landfill site in N.Wales

Minosus - a proposal to deposit controlled waste in a Salt Mine near Winsford Cheshire;

 

Housing and Employment

2010 Winslow - promotion of 200 new houses in urban expansion

2010 Criccieth - promotion of large scale development of sheltered accommodation for the elderly close to 2 listed buildings and conservation area

2009 Sawtry - promotion of 190 houses in urban expansion

2008 Thingwall Hall - opposing scheme for 290 units in Knowsley

2007/2008 St Josephs College - 2 inquiries promoting enabling development to restore the first purpose built Catholic Seminary in the UK since the Reformation

2007 Luneside - opposed 400 units in Lancaster as part of major mixed use proposal

Shotwick Road - a proposal for a 200 Ha industrial proposal on the Anglo-Welsh border;

Y Felinhelli - a proposal for a new Marina and associated residential development near Bangor, Gwynedd.

 

Enforcement

2009 - Bruntingthorpe - acted for local authority seeking to limit motor vehicle use at former RAF air base

2009 - Rudyard Sailability - acted pro bono for a disabled sailing club - secured consent for new boat house in the green belt

2009 - Elvington Airfield acted as counsel for York City Council in successfully resisting an appeal into motor racing use at Elvington

 

Environmental

Elvington - acted as counsel for York in long running statutory nuisance case against motor racing use at former RAF airbase

Derwent v Liverpool - long running litigation in relation to s.215 notices and Building Act notices involving dilapidated premises on Edge Lane Liverpool

2010 Plocks Farm - successfully promoted huge expansion of Industrial Development in the Green Belt near Preston

 

Development Plan

Promoted Alyn and Deeside Local Plan, Ryedale Local Plan, South Lakeland Local Plan, Scarborough Local Plan, Northumberland National Park Local Plan, Walsall UDP Review, Sefton UDP Review, Lancaster Local Plan, Chorley Local Plan and Review

Lancaster Core Strategy, Thornton Area Action Plan

Presently advising on Liverpool Core Strategy, Sefton Core Strategy and Blackburn Core Strategy

 

Misc

2009 No10 Bowl - proposal for large new hotel development in Norwich

2007 Armathwaite Hall - promoted first golf course to be built in the Lake District in 30 years

2007 Park Plaza - promoted vertical extension of 5 star hotel opposite Parliament

 

Important Cases include:

Derwent v Liverpool CC [2008] EWHC 3023

Derwent v Citybranch [2008] EWHC 1337

R (on the application of Stephen Walker) v Police Appeals Tribunal [2009]

Mohan v Secretary of State for the Home Department [2009] EWHC 1949

Roland Bardsley v Secretary of State [2008] EWHC 22

R (Stagg) v First Secretary of State [2005] EWHC 1170

R(Co-op Group) v Secretary of State [2004] EWHC 1932

Prophet v York City Council [2003] EWHC 1448

Liverpool and Lancashire v B&Q [2000] PLSCS 180

Citypark v Bolton [2000] RVR 343

R v Beard [1997] 1 PLR 64

R v Stoke on Trent exp Trent City Securities Limited and Total Fitness Limited, unreported, 17^th February 200

R v Plymouth City Council exp Plymco [1993] PLR 76

R v Liverpool City Council exp Luxury Leisure Ltd (1999) LGR 345

R v Liverpool City Counci and the Secretary of State for Trade and Industry exp Baby Products Association (2000) LGR 171

His significant decided cases include R v Plymouth City Council, ex.p. Plymco [1993] PLR 76 and R v Beard [1997] 1 PLR 64, B & Q Plc v Liverpool & Lancashire Properties Ltd [2000] PLSCS 180

He regularly assists Planning Aid and has for the last decade undertaken supervisory work of students on  pro bono basis for the Mancester University Law Department's Legal Advice Centre.