Clerked by: Gary Smith Mark Ronson
AREAS OF EXPERTISE:
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: 1990Year of Silk: 2010
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)
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
IM Properties both secured permission and successful appeal for major mixed use site west of Stratford including large scale logistics development
SW Rugby – advising Tritax Symmetry on major new logistics park planning application adjacent to M46
South Milton Keynes – advising on major logistics site (57Ha) south of Milton Keynes recently refused permission and subject to appeal
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
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 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. An example of recent appeals include:
Secured permission at public inquiry for IM Properties for the largest ever mixed use (850,000 sq ft) proposal in Stratford-upon-Avon
Secured permission at public inquiry for 258 dwellings for Bridgemere Land Plc and Redrow Homes in Hartford, Cheshire.
Secured permission for Peel Investments for the construction of a new Starbucks drive in facility at the Peel Centre Retail Park in Barnsley.
Secured permission at public inquiry for 40 dwellings for Pye Homes in Quainton, Aylesbury Vale.
Secured permission for 261 dwellings at Brindle Road, Bamber Bridge for Persimmon Homes (Lancs) Ltd.
Secured future of Grade II listed building on Historic England’s “At Risk Register” in the Wirral for PJ Livesey.
Secured permission at appeal for Bmor Ltd for block of 34 apartments in a conservation area at Fulham Palace Road in West London.
Secured planning permission for Orbit Homes at public inquiry for the demolition of existing buildings and erection of five units to be used for Class A1 (non-food retail) purposes, and two units to be used for Use Class A1 (non-food retail or sandwich shop) and/or Use Class A3 and/or Use Class A5, creation of car park and provision of new access from Earl Road, together with landscaping and associated works at Handforth Dean, Cheshire.
Successfully appealed under s195 against against the failure of East Dorset DC to give notice within the prescribed period of a decision on an application for an LDC
Successfully secured permission at public inquiry for David Wilson Homes Eastern for 120 dwellings at Hatfield Peverel in Braintree DC.
Successfully secured permission for 72 dwellings for Manor Oak Homes at Launton in Cherwell DC
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 2nd 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:
Manor Oak v Secretary of State [2019] EWHC 1736 (Admin)Thompson v Conwy BC [2019] EWHC 746 (Admin)R (LOGS) v Liverpool City Council [2019] EWHC 55R(Housiaux) v Staffordshire Moorlands [2017] EWHC 2157St Modwen v Secretary of State [2017] EWCA 1643
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.
Tesco Stores Ltd v Secretary of State for Communities and Local Government [2010]EWHC 1581 (Admin)
Fox Strategic Land & Property Ltd v Secretary of State for Communities andLocal Government [2013] 1 P. & C.R. 6
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
Logistics Schemes
Ongoing advice for Local Authorities, including Liverpool, Leicester, Lancaster, Warrington, Stoke, Wyre
Planning is Paul’s principal area of practice and he has appeared in numerous public inquiries and examinations, promoting large scale development for a range of infrastructure, retail and residential developers; as well as acting for local government and public bodies in a range of cases
Ongoing advice for Local Authorities, including Liverpool, Leicester, Lancaster
PEBA (committee member)
ALBA
NIPA
UKELA
Attorney General’s Regional Panel 2007 to 2010
Head of Planning
Deputy Head of Chambers 2017 to date
MA (Cantab)
Legal 500, 2020
"He provides very commercial advice and is great with clients."
Chambers UK 2020
"He grasps extremely difficult points and then presents them in a way that people can understand." "He is very client-friendly and there doesn't seem to be anything that he can't do exceptionally well."
"Very straightforward, incredibly sharp and very personable." "He's a brilliant inquiry advocate, very good at cross-examining, and very good on his feet in the High Court."
Chambers UK 2018
"A very approachable individual who quickly builds a rapport with clients. He is decisive, to the point with his advice and an all-round excellent advocate." An outstanding advocate who is very in tune with clients and very personable."
"Personable, approachable and bright. He works well as part of a team and gives clients great confidence. He makes himself available and provides good pragmatic advice in a timely fashion."
Legal 500, 2018
‘He has a knack for making complicated legal matters appear straightforward.’
‘Brilliant with clients and skilled at straightening out complicated legal matters.’
‘A highly accomplished advocate, who is excellent with clients.’
Chambers UK 2017
"He gives pragmatic advice and has a way of simplifying legal principles and practical ramifications so that clients are in a position to give instructions with confidence." "He is always very approachable and down-to-earth. He is direct in his advice, and is a hard-hitting QC who is very popular."
Legal 500, 2017
‘Revered as a highly accomplished advocate.’
Chambers UK 2016
He is an excellent barrister. He is very thorough, and nothing is too much of a struggle for him: he'll come back to you at all hours." "An excellent advocate with an impressive character who provides thoughtful, analytical advice."
Chambers UK 2015
"He's bright, approachable and pragmatic - a team player." "He's very client-friendly. He gets into the skin of the client's business, and he's very effective."
Legal 500, 2014
"He thinks strategically, pragmatically and commercially"
Chambers UK 2013
"Highly accessible and easy to deal with, he is a lateral thinker who is quick off the mark".
Chambers and Partners, Band 1, Planning 2013: "undoubtedly already one of the leading planning barristers."
"He has a nationally based practice and is making a name for himself as a retail planning specialist."
Chambers UK 2012
"Paul Tucker QC is enjoying increased visibility in the market and his elevation to the level of silk is felt to be well deserved"
36 Young Street, Manchester, M3 3FT DX: 718188 MCH 3 Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE DX: 713113 LEEDS PARK SQ Direct Dial: 0113 242 1123
Embassy House, 60 Church Street, Birmingham, B3 2DJ DX: 13023 BIRMINGHAM Direct Dial: 0121 200 3570
Gary Smith
Mark Ronson
Paul G Tucker QC and Philip Robson have been successful in securing planning permission for residential development in a well-located and desirable part of rural Hampshire
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