Paul G Tucker QC

Profile

Paul Tucker QC practices in the fields of planning, local government, environmental, CPO, CIL, logistics, infrastructure and highways. He is Deputy Head of Chambers and Head of the Planning Department.

He is Vice Chair of the Planning and Environmental Bar Association.

He practices across the UK having acted in Wales, Scotland, the Isle of Man and England.

His private sector clients have included numerous national and regional developers, strategic land promotion companies, regeneration specialists as well as individuals. He has acted for most of the major national housebuilders, national retailers as well as large infrastructure providers. His public sector clients have included Government, Government Agencies, Development Agencies and very many local planning authorities.

His particular expertise relates to advocacy in planning and related appeals as well as challenges in the High Court and beyond.

Year of Call: 1990
Year of Silk: 2010

Areas of Expertise

Environment

Recent Advisory Work

Paul regularly provides advice in his various fields of practice. Recent work has included:

Liverpool John Lennon Airport

Clean Air Zones – advising Birmingham City Council, Leeds City Council & Transport for Greater Manchester

Clean Air Zones – advising Nobu Hotel in London

Designer Outlet Villages – Successfully advised Cannock Chase DC, currently advising South Kesteven DC in relation to 2 proposed schemes.

Major Hotel redevelopment on the South Bank, London

Liverpool Waters,

Wirral Waters

Upton Park redevelopment (CIL issues)

Bolton Wanderers (ACV issues)

Redevelopment of Anfield Stadium and associated residential regeneration

Trafford Quays – very large residential scheme adjacent to the Trafford Centre (including CIL issues)

Stratford upon Avon CIL charging schedule – advised major allocation promoter, resulted in zero charging rate

Bicester Eco-town – advising on one of the first development parcels

Major redevelopment of a former USAF airfield to create new Settlement in Oxfordshire

Oxford Urban Expansion

Redevelopment of Headingley Cricket Ground and Leeds Rhinos ground & associated enabling development

Bicester Ecotown expansion

Braintree retail park

Humber Bridge Visitor Centre and viewing platform

St Michaels development, Manchester

White City Retail Park (secured confirmation of nil CIL contribution)

Logistics Schemes

Eddie Stobart National distribution centre – appeared for Appellant at recent planning inquiry

Hemington – j1 M6 large scale new logistics depot for St Modwen

Florida Farm, large scale logistics proposal in the GB

Midpoint Cheshire – Middlewich – ongoing advice and appearance at local plan examination

Thorne Doncaster. – advice on new logistics centre

Sherburn in Elmet – advice on new MSA and lorry park

Stoke M6 – advice on proposed new logistics centre for St Modwen

Airport City – advised on conditions

St Helens junction East Lancs & M6 advised & appeared on local plan objections

M42 J10 secured permission on appeal for major logistics development

Examination in Public/Local Plan

Paul has advised and appeared in numerous Local Plan inquiries and UDPs, as well as acting in leading cases upon local plan/examination issues. Recent work has included:

Mid Devon EIP (acting for Developer)

Cheshire East CIL examination (Acting for Developer)

Brighton CIL (Acting for Developer)

York EiP (promoting scheme for the University of York)

South Oxfordshire Local Plan (promoting scheme for Developer)

Braintree Local Plan (promoting scheme for Developer)

Lancaster Local Plan (acting for LPA)

Warrington Local Plan (advising LPA)

Liverpool Local Plan (advising LPA)

Cheshire East Local Plan (various objectors)

NE Leicestershire (objectors)

Tewksbury, Gloucester and Cheltenham joint core strategy (major retail objections)

Cheshire West CIL examination (objectors of very large allocation)

Stratford EIP (objectors)

Cherwell Valley (objectors promoting new settlement at former USAF airbase)

Ongoing advice for Local Authorities, including Liverpool, Leicester, Lancaster, Warrington, Stoke and Wyre

Lead counsel for the East Riding of Yorkshire Local Plan which won the 2017 Plan Making Award and Editors Award from Planning Magazine

Planning Appeals

Paul has acted for both the public and private sector in a range of planning inquiries across the country.

Residential – Paul has successfully promoted numerous residential schemes at appeal around the UK, for most of the national housebuilders and Land Promoters as well as specialist student and older person accommodation providers (notably McCarthy and Stone). In addition, Paul has successfully advised on numerous major schemes which have directly secured consent from the local planning authority. Recent inquiries in 2016/17 include:

Securing consent for major residential scheme NE of Colne

Inquiry for 650 units south of Rugby for David Wilson Homes and Gallagher Estates

Securing consent for specialist home for the elderly within conservation area in Wolverhampton for McCarthy and Stone

Securing retrospective consent for large nursing home in Newcastle upon Tyne which had built without planning permission

Securing consent for 82 units adjacent to the AONB in Maidstone for Jones Homes

Secured consent for new superstore for Sainsbury after call in inquiry at Southport (despite objections from Tesco and Asda)

Secured consent for large apartment block within Withington conservation area adjacent to listed building

Secured consent for 200 houses for Gladman Developments at Sandbach

Acted as counsel for Wainhomes and Redrow Developments for two large residential schemes in Aughton (both subsequently the subject of High Court proceedings)

Acted as counsel for Manor Oak Homes at residential inquiry in Aylesbury Vale

Secured permission for new hotel and then major employment redevelopment after 2 inquiries at Riverside Business Park, Bakewell

Secured consent for Materials Recycling Facility at Lower Compton, Wiltshire

Secured consent for extension to Arpley landfill after 2 inquiries

Secured consent for supermarket and retail development at Williton Somerset

Secured retail consent for retail development at Namco in Ipswich

Secured residential consent for 88 units for Jones Homes on a site adjacent to the South Downs National Park

CPO

Paul has advised on numerous CPO & urban regeneration projects for both the public and the private sector.

Most recently he has advised upon the post-HMRI regeneration around Anfield/Breck Road as well as advising upon multimillion pound claims arising out of the 2^nd Mersey Crossing.

NOTABLE CASELAW

Paul regularly appears in the Administrative Court (usually the Planning Court) on a variety of planning and environmental cases. Recent & significant cases include:

Chelmsford City Council v Secretary of State [2016] EWHC 3329 (QB)

Cherwell Valley v Secretary of State and Gladman [2016] EWHC 2925 (Admin)

Cheshire v Secretary of State and Harlequin (Wistaston) [2016] EWHC 694 (Admin)

R (on the application of Redrow Homes Ltd) v Knowsley Metropolitan Borough Council [2014] EWCA Civ 1433

Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin)

PS v Greenwich LBC and Enderby 2016] EWHC 1967 (Admin)

St Modwen v Secretary of State and East Yorkshire 2016] EWHC 968 (Admin)

R(Timmins) v Gedling BC and Westerleigh [2016] EWHC 220 (Admin)

R(Milton (Peterborough Estates) v Ryedale and GMI Holdings [2015] EWHC 1948 (Admin)

(1) BDW Trading Ltd (T/A Barratt Homes) (2) Wainhomes Developments Ltd V (1) Cheshire West & Chester Borough Council (2) Stephen Robinson (The Counting Officer For CWCBC) & (1) Tattenhall & District Parish Council (2) Taylor Wimpey UK Ltd [2014] EWHC 1470 (Admin)

R (on the application of Zurich Assurance Ltd T/A Threadneedle Property Investments) V North Lincolnshire Council & Simons Developments Ltd [2012] EWHC 3708 (Admin)

R (on the application of Cheshire East Council) v Secretary Of State For Communities & Local Government [2014] EWHC 2824 (Admin)

R (on the application of Salford Estates (No 2) LTD) v Durham County Council & (1) Tesco Stores Ltd (2) Dalton Park Ltd [2012] EWHC 2512 (Admin) [2012] EWHC 2512 (Admin)

Fox Strategic Land Company v Chorley [2014] EWHC 1179 (Admin)

R (on the application of Cbre Lionbrook (General Partners) Ltd) v Rugby Borough Council & Hammerson (Rugby) Ltd [2014] EWHC 646 (Admin)

(1) Jean Timmins (2) A W Lymn (The Family Funeral Service) LTD v Gedling Borough Council & Westerleigh Group Ltd [2014] EWHC 654 (Admin)

(1) Scottish Widows Plc (2) Scottish Widows Unit Funds Ltd (3) Aegon Uk Property Fund Ltd v Cherwell District Council & LXP RP (Banbury) Ltd (2) Prodrive Holdings Ltd (3) Prodrive Motorsport Ltd (4) Hundred Percent Properties Ltd (5) David Richards [2013] EWHC 3968 (Admin)

Winfield v Secretary of State for Communities and Local Government [2012] EWCA Civ 1415

Larkfleet Ltd v Secretary of State for Communities and Local Government [2012] EWHC 3592

Fox Strategic Land & Property Ltd v Secretary of State for Communities and Local Government [2012] J.P.L.

(on the application of Plunkett) v Sefton MDC [2011]EWHC 368 (Admin)
(on the application of D Morgan Plc) v Welsh Ministers [2011] EWHC 1680 (Admin)

Tesco Stores Ltd v Secretary of State for Communities and Local Government [2010]EWHC 1581 (Admin)

(on the application of Salford Estates (No.2) Ltd) v Salford City Council [2011] EWHC2097
(on the application of Hinds) v Blackpool BC [2011] N.P.C. 32

Fox Strategic Land & Property Ltd v Secretary of State for Communities andLocal Government [2013] 1 P. & C.R. 6

(on the application of Zurich Assurance Ltd (t/a Threadneedle Property Investments)) v North Lincolnshire Council [2012] EWHC 3708
(on the application of Derwent Holdings Ltd) v Trafford BC[2011] EWCA Civ 832

R(on the application of Salford Estates (No 2) Ltd) v Durham County Council(Defendant) & (1) Tesco Stores Ltd (2) Dalton Park Ltd [2012] EWHC 2512(Admin)

Historic 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

City park 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,17th February 2000

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 Council and the Secretary of State for Trade and Industry exp Baby Products Association (2000) LGR 171

B & Q Plc v Liverpool & Lancashire Properties Ltd [2000] PLSCS 180

Download Environment Profile

Local Government

Recent Advisory Work

Paul regularly provides advice in his various fields of practice. Recent work has included:

Liverpool John Lennon Airport

Clean Air Zones – advising Birmingham City Council, Leeds City Council & Transport for Greater Manchester

Clean Air Zones – advising Nobu Hotel in London

Designer Outlet Villages – Successfully advised Cannock Chase DC, currently advising South Kesteven DC in relation to 2 proposed schemes.

Major Hotel redevelopment on the South Bank, London

Liverpool Waters,

Wirral Waters

Upton Park redevelopment (CIL issues)

Bolton Wanderers (ACV issues)

Redevelopment of Anfield Stadium and associated residential regeneration

Trafford Quays – very large residential scheme adjacent to the Trafford Centre (including CIL issues)

Stratford upon Avon CIL charging schedule – advised major allocation promoter, resulted in zero charging rate

Bicester Eco-town – advising on one of the first development parcels

Major redevelopment of a former USAF airfield to create new Settlement in Oxfordshire

Oxford Urban Expansion

Redevelopment of Headingley Cricket Ground and Leeds Rhinos ground & associated enabling development

Bicester Ecotown expansion

Braintree retail park

Humber Bridge Visitor Centre and viewing platform

St Michaels development, Manchester

White City Retail Park (secured confirmation of nil CIL contribution)

Logistics Schemes

Eddie Stobart National distribution centre – appeared for Appellant at recent planning inquiry

Hemington – j1 M6 large scale new logistics depot for St Modwen

Florida Farm, large scale logistics proposal in the GB

Midpoint Cheshire – Middlewich – ongoing advice and appearance at local plan examination

Thorne Doncaster. – advice on new logistics centre

Sherburn in Elmet – advice on new MSA and lorry park

Stoke M6 – advice on proposed new logistics centre for St Modwen

Airport City – advised on conditions

St Helens junction East Lancs & M6 advised & appeared on local plan objections

M42 J10 secured permission on appeal for major logistics development

Examination in Public/Local Plan

Paul has advised and appeared in numerous Local Plan inquiries and UDPs, as well as acting in leading cases upon local plan/examination issues. Recent work has included:

Mid Devon EIP (acting for Developer)

Cheshire East CIL examination (Acting for Developer)

Brighton CIL (Acting for Developer)

York EiP (promoting scheme for the University of York)

South Oxfordshire Local Plan (promoting scheme for Developer)

Braintree Local Plan (promoting scheme for Developer)

Lancaster Local Plan (acting for LPA)

Warrington Local Plan (advising LPA)

Liverpool Local Plan (advising LPA)

Cheshire East Local Plan (various objectors)

NE Leicestershire (objectors)

Tewksbury, Gloucester and Cheltenham joint core strategy (major retail objections)

Cheshire West CIL examination (objectors of very large allocation)

Stratford EIP (objectors)

Cherwell Valley (objectors promoting new settlement at former USAF airbase)

Ongoing advice for Local Authorities, including Liverpool, Leicester, Lancaster, Warrington, Stoke, Wyre

Lead counsel for the East Riding of Yorkshire Local Plan which won the 2017 Plan Making Award and Editors Award from Planning Magazine

Planning Appeals

Paul has acted for both the public and private sector in a range of planning inquiries across the country.

Residential – Paul has successfully promoted numerous residential schemes at appeal around the UK, for most of the national housebuilders and Land Promoters as well as specialist student and older person accommodation providers (notably McCarthy and Stone). In addition Paul has successfully advised on numerous major schemes which have directly secured consent from the local planning authority. Recent inquiries in 2016/17 include: