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Stephen Sauvain QC


Planning

 


Year of Call: 1977
Year of Silk: 1995

 

Stephen is a leading practitioner in all aspects of town and country planning , highways, compulsory purchase and compensation.

He acts for developers, local authorities, government agencies, interest groups and objectors in  public inquiries ranging from major retail and town centre regeneration, minerals and landfill, energy, housing, commercial development, road, bridge and tunnel and other major infrastructure schemes.

In addition to planning appeals Stephen has promoted a large number of highway and other infrastructure schemes on behalf of local authorities and other agencies. He appears on behalf of local authorities and objectors at public path, Definitive Map and Village Green inquiries and has sat as an Inspector on a number of village green inquires.  He regularly appears in the Administrative Court and the Lands Tribunal and has appeared to promote a private bill (the River Calder (Diversion) Bill) before a select committee of the House of Lords.

He advises local authorities, developer and third parties on all aspects of planning law and practice, compulsory purchase and compensation and highways issues.

 

Public Inquiries

Manchester Outer Ring Road and various other road inquiries throughout the country

Second Tyne Tunnel

Walton Bridge

Welbeck Landfill/Land Reclamation scheme, Kinderton Landfill and various other landfill inquiries

Modification Orders and compensation claims for Hafod Quarry

Manchester and Liverpool Airport Inquiries

ASDA superstores (various)

Successful objection to the Tesco/Everton retail proposals at Kirkby

Major housing inquiries - recent schemes have included the Liverpool Garden Festival site scheme, Germany Beck in York, Scotswood Expo and Masterplan in Newcastle and Saighton Camp in Chester.

HMRI Pathfinder compulsory purchase orders

Various UDP and Local Plans

Commercial development schemes acting for developers, local authorities and objectors
Various Town and City Centre Redevelopment schemes including the Eldon Square extension in Newcastle and schemes in South Shields, Lancaster, Oldham, Blackpool, Wakefield, Wigan and Workington.

Seaforth Container Terminal HRO 

 

Significant Reported Recent Cases

 Ernstbrunner v Manchester City Council 2009] EWHC 3293 (Admin)[2009] EWHC 1805 (Admin)
Divisional Court case concerned with the relationship between the Definitive Map and Statement.

Mortell v Secretary of State for Communities and Local Government [2009] EWCA Civ 1274
Court of Appeal case dealing with the challenge to a compulsory purchase order involving a major Pathfinder development - issues of human rights.

Mackintosh & Ors, R (on the application of) v Secretary of State for the Environment Food and Rural Affairs [2006] EWHC 2703 (Admin). - definitive map

Brian Atkinson v Secretary of State for Transport & Tyne & Wear Passenger Transport Authority [2006] EWHC 995 (Admin) - judicial review

Wirral Borough Council v Brock Plc [2004] EWCA Civ 1611 - planning

R. v Secretary of State for the Environment, Transport and the regions, ex p. Trustees of the Friends of the Lake District 17th April 2001 TLR - planning

Cowen v. Secretary of State for the Environment Transport and the Regions (2000) 79 P. & C.R. 457 - planning and highways

R. v. Oldham MBC, ex p. Foster [2000] Env L.R. 395 ; [2000] JPL 711 - planning
Citypark Properties Ltd. v. Bolton MBC [2000] RVR 343 - Lands Tribunal

R. v. Hambleton D.C. ex p. Somerfield Stores Ltd. (1999) 77 P.& C.R. 475; [1999] 1 P.L.R. 66 - planning retail

R. v. Bolton Metropolitan Borough Council ex parte Kirkman, C.A.[1998] JPL 787- planning/environmental law

R v Arfon Borough Council ex parte Walton Commercial Group Ltd, [1997] JPL 237. - planning

 

Publications:

Highway Law (Sweet & Maxwell) 4th Ed. 2009

Encyclopaedia of Highway Law: General Editor

Chairman of the Independent Committee on the Review of Parking Documentation 2008 - a committee that advised on the drafting of penalty charge notices etc. under the new de-criminalised enforcement regime.

Law Relating to Local Government DETR Research Report (with Colin Crawford, Andrew Coulson and Michael Clarke November 2000

Joint Working Arrangements revisited after the Local Government Act 2000 - Journal of Local Government Law 2002

County and District Joint Working Arrangements- Journal of Local Government Law 1998

Bridges: responsibility to repair them - 1997 ROWLR s.5.1, p. 31 et seq. (with Ross Crail)

New Roads and Street Works Act 1991 - Current Law annotations

Highways Act 1980 - Current Law annotations

 

Recommendations:

Chambers UK 2013-

Stephen Sauvain is another fine barrister who regularly acts in public inquiries for a range of clients including government agencies, local authorities and developers.

Stephen Sauvain QC  "has a natural feel for planning work," according to sources, who say he is "an excellent performer, who is very sharp-witted and exceptionally easy to deal with." He advises authorities right through development processes, from conception to conclusion. 

Stephen Sauvain QC is an "excellent and reliable performer who keeps a very firm grasp on unusual and complicated cases," according to one client, who goes on to call him an "exceptionally easy person to deal with." Inquiries, judicial reviews and Lands Chamber work feature regularly in Sauvain's practice.

Chambers UK 2012- 
Stephen Sauvain QC is a highly regarded silk who wins plaudits for the highways expertise that complements his environment knowledge.His "impressive practice" takes in, inter alia, compulsory purchasecases and public inquiries into minerals and landfill.

Stephen Sauvain QC gains the respect of his peers for his "in-depth" knowledge of public sector law, particularly in relation to compulsory purchase orders (CPOs) and highways. He has a considerable portfolio of inquiry work, which includes representing Newcastle City Councilin the Scotswood Expo inquiry, concerning a major regeneration CPO for housing.

Stephen Sauvain QC is deemed a "particularly effective cross-examiner" when appearing at the Administrative Court and Lands Tribunal. His experience spans minerals and landfill projects, roadschemes, housing, retail and commercial developments and compulsory purchase orders.

Chambers UK 2011-  

"Senior and extremely experienced silk" Stephen Sauvain QC is particularly recognised for his expertise in landfill and mineral issues.
He attracts praise from market sources for his wealth of experience in a range of public law matters, and his particular expertise in highway law. 
He was described as "the bee's knees" by sources, who particularly commend his compulsory purchase expertise. He regularly acts on behalf of developers, local authorities and objectors in high-profile judicial review proceedings. He is much in demand.

Chambers UK 2010:
Stephen Sauvain QC is acknowledged for his expertise in a number of areas including planning, local government finance and education, he is especially lauded for his expert handling of highway-related cases. "an erudite cross-examiner who offers quick, accurate and pragmatic advice on difficult planning issues"
He has notable credentials in the environment sector for his work involving landfills and minerals. Possesing an "excellent, forensic cross-examination style"

Chambers UK 2009: 
"Safe pair of hands" Stephen Sauvain QC is acknowledged for his in-depth experise regarding town and village green and highway enquiries.  He is also experienced in compulsory purchases, judicial reviews and parking planning , and clients say "we have come to rely on the comprehensiveness of his advice."

Chambers UK 2008:
Stephen Sauvain "continues to build upon his extensive experience in highway and CPO work." A "sensible, practical and down-to-earth advocate with an excellent cross-examination style,"

Chambers UK 2007:
" 'An unquestioned leader in Highways and Planning Law' Stephen Sauvain QC appeals by being 'straightforward and easy to deal with.'  He is also highly regarded for his depth of knowledge on compulsory purchase matters.

Chambers UK 2007 Leaders at the Bar
"Stephen is a leading practitioner in all aspects of town and country planning, highways law, education law, local government and fiinance, compulsory purchase and compensation, judicial review and environmental law.
He regularly appears in the Administrative Court and the Lands Tribunal and has appeared to promote a private bill (the River Calder (Diversion) Bill) before a select committee of the House of Lords."

Chambers Guide 2006:
Kings Chambers......"this nationally reputed set was lauded as one of the dominant planning chambers. With "highly distinguished" barristers at all levels, its members were further praised for the impressive scope of work undertaken and "quality results produced" which ensures that "you are never disappointed". Stephen Sauvain QC is one of the "pre-eminent names" at the Northern Bar. A "water-tight negotiator" sources enthusiastically reported, "he is always giving the opposition a run for their money". Experienced in the full umbrella of planning matters, he regularly appears in the Divisional Court and Lands Tribunal..."

Legal 500 2012:
Stephen Sauvain QC is "highly regarded for his expertise in highways law".

Legal 500 2011:
"Stephen Sauvain QC is the 'leading authority on highways law and is often a first port of call for advice in this field'".

Legal 500 2009: 
Stephen Sauvain QC acted on behalf of Liverpool City Council in the Destination Kirby Inquiry that considered the redevelopment of Kirby town centre, including a new stadium for Everton FC.

Legal 500 2008:
Stephen Sauvain QC acted on behalf of Langtree McLean in the four-week inquiry into a mixed-use development at Liverpool's former garden festival site.

Legal 500 2007:
"Stephen Sauvain QC ..... boasts an excellent silk's practice"

Legal 500 2006:
Stephen is described as being one of three star planning seniors in the north west.

Planning Magazine:
Stephen has regularly been included amongst the top planning Barristers as chosen by leading planning lawyers and consultants in England and Wales

 

Memberships:

Planning and Environment Bar Association (and has served on the committee of that association)
Northern and North Eastern Circuits

Panels and other appointments:
Assistant Boundary Commissioner(2000)  

 

Career & Education

University:                          Cambridge

Degrees:                            MA   LLB

Joined Chambers:              1977

Called:                              1977 (Lincoln's Inn)

Q.C:                                 1995

1971-1978 Lecturer in Law University of Manchester

1976-7 Part-time Lecturer in Law Brunel University

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