Eric Owen

Profile

Eric has considerable experience in a wide range of advisory and litigation work mainly in the sphere of Administrative and Public Law, Local Government Law and Finance, EU Procurement and State Aid, and Planning, Environmental, Water and Sewers. Eric has appeared before a variety of courts (including the European Court of Human Rights , and the Court of Appeal), as well as administrative tribunals (including Planning, Licensing, Education and Standards).

In 2011 and 2012 Eric held a public enquiry instructed by the Chief Executive of Warrington Borough Council and in 2012 he reported on governance issues and made key recommendations to the Council following an Ombudsman's report which had criticized the Council for destroying planning records.

Year of Call: 1969

Areas of Expertise

Administrative & Public Law & Local Government

Eric has considerable experience in a wide range of advisory and litigation work and Plan-making in the sphere of Administrative and Public Law., including Local Government Law and Finance, Regulatory Law, Education , Ecclesiastical and Environmental Law. Eric represents clients in the private and the public sector.

Significant reported cases

Bury MBC –In 2015 Eric appeared for Bury MBC in the Fletcher Bank Public Inquiry which led to the first decision by the Secretary of State concerning an Anaeorobic Digestion (“ AD”) plant (APP/T4210/A/14/2224754); in connection with this appeal Eric visited the Tamar Energy AD site at Halstead Essex.

MWH v Wrexham CBC [2012] Court of Appeal ( claim for compensation following a ROMP.

Report for Warrington Council ( 2012 )- Eric reported on governance issues and made key recommendations to Warrington Council following an Ombudsman's report which had criticized the Council for destroying planning records.

Beazer Homes v Durham County Council [2011] Court of Appeal ( interpretation of Transfer in context of site development and highway law)

Croft Homes v Durham CC [2011] ( disclosure of documents in contractual procurement and a challenge leading to a re-run of a procurement ).

Rigby v Halton BC [2010] EWHC ( EIA Directive )

Bryan v UK Government ECHR ( article 6 Convention).

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Environment

Eric has extensive experience advising on planning issues and conducting planning inquiries both for and against local planning authorities. In recent years he has appeared in a significant number of cases concerning listed buildings, gypsies and travellers, minerals, wind farms, and AD development.

Eric has appeared in many plan-making examinations including West Lancashire in 2014 (for United Utilities) and Bradford in 2016 (for the plan-making authority).

Significant reported cases

In 2015 Eric appeared for Bury MBC in the Fletcher Bank Public Inquiry which led to the first decision by the Secretary of State concerning an Anaeorobic Digestion (“ AD”) plant (APP/T4210/A/14/2224754); in connection with this appeal Eric visited the Tamar Energy AD site at Halstead Essex.

Bryan v UK, ECHR (article 6 European Convention Human Rights)

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Local Government

Eric has appeared in many applications for judicial review and statutory challenges appearing for clients in both the private and public sectors. This work has covered an extensive range of challenges, including human rights, prisoners' rights, education and planning.

Significant reported cases

Williamson v Church in Wales (availability of judicial review in dispute with Church in Wales)

Rigby v Halton BC [2010] EWHC (EIA Directive)

Home Builders Federation v Stockport MBC (statutory challenge to development plan).

Download Local Government Profile

Planning

Eric has appeared in many plan-making examinations including West Lancashire in 2014 (for United Utilities) and Bradford in 2016 (for the plan-making authority).

Significant reported cases

Bryan v UK, ECHR (article 6 European Convention Human Rights)

Download Planning Profile

Memberships

Eric is a former member of the Bar European Group Committee, and of the PEBA committee.

Publications

Eric was the author of County Court Litigation (Sweet & Maxwell) and subsequently he was editor of Civil Court Practice. He has published various articles, including a paper delivered to an Annual Meeting of the Planning Inspectorate.