Peter Village QC

Date of call: 1983 Inner Temple
Year of silk: 2002

Peter Village QC has been variously described as “an exceptional advocate” (Legal 500 2006, Chambers & Partners 2005, 2006) “both capable and thorough”; “a heavy hitter in the planning market who fights his corner incredibly strongly” (Chambers & Partners 2007); "quite simply a winner, devastating on his feet, and absolutely compelling [he has] brilliant cross examination skills and can absorb rooms full of documentation with ease" (Chambers & Partners 2009); and "a fiercely loyal and highly effective advocate who performs to a consistently high level for many extremely important clients" (Chambers & Partners 2010).

The main areas of Peter’s practice are in planning, compulsory purchase, rating, environmental law and related public law and commercial disputes.

His planning practice covers the full range of developments, including major residential and retail development, major infrastructure projects (airports, roads, nuclear power stations, over-head power lines), business parks, leisure development (nightclubs and casinos, especially in the West End Stress Area), minerals, incinerators and energy from waste proposals. He also has particular expertise in relation to village greens.

Peter frequently acts for all the major volume housebuilders, in particular Taylor Wimpey, Persimmon, Barratt, Berkeley Homes and St George.

Peter Village QC continues to appear in the most high profile cases in planning and environmental law. He has been instructed, leading James Strachan and Sarah Hannett, in the challenge by Cala Homes on the judicial review challenge to the revocation of Regional Strategies, and he is also advising Cala on its proposals for 2,000 houses at Barton Farm, Winchester.

Following his success in Blyth Valley BC v Persimmon Homes [2008] EWCA Civ 861, the leading authority on the importance of assessing viability in residential development, he was instructed on a number of important cases relating to residential development, affordable housing and associated issues including Barratt Developments PLC v City of Wakefield MBC in the Court of Appeal.

In June 2009, Peter appeared at inquiry for housebuilders Taylor Wimpey and Persimmon in relation to their redevelopment proposals at North East Sector, Crawley. The proposal, for almost 2000 new homes close to Gatwick airport, has been highly controversial. Peter successfully quashed the first decision to refuse planning permission (in 2006), and then quashed the Core Strategy (in 2007). In December 2009 the Secretary of State issued a “minded to grant” decision following the inquiry, and the final decision is now awaited but has been delayed as a result of the Regional Strategy revocation.

Peter successfully acted for a number of new clients in 2009 including PJ Mullen Contractors in relation to the important decision of the Secretary of State in relation to planning obligations and the Kent Thameside Strategic Transport Tariff. The residential development was allowed on appeal, with a full award of costs. He successfully acted for City and Country Ltd and its proposals at Warley, Brentwood, involving the acclaimed conversion of a listed former lunatic asylum, again securing a full award of costs (including on design issues). He also successfully secured permission for Oaklands College and its proposals for the substantial redevelopment of its green belt campus at St. Albans, together with substantial enabling housing development. He also successfully secured planning permission for the redevelopment of an out of centre site in Epsom for mixed use (retail led) residential development.

Also in 2009 Peter successfully quashed the Surrey Waste Plan (Core Strategy) in relation to its proposals for a new incinerator at Capel, and he also successfully quashed the planning permission for that proposal: Capel Parish Council v Surrey County Council [2009] EWHC 350 (Admin). He continues to advise a number of residents groups and waste operators in relation to forthcoming proposals up and down the country.

In 2009 Peter continued to act for long-standing clients, including for Taylor Wimpey in respect of its proposals for the former Rentokil site at East Grinstead, and appeared for it at the inquiry into proposals at the Former Staff College, Bracknell (involving consideration of SANGS and the Habitats Directive).

2010 is another busy year. He is acting for TAG Aviation, Farnborough, in relation to a section 1 Land Compensation Act claim arising out of works to Farnborough Airport. The claim (which exceeds £20m) will be heard by the Lands Tribunal in the course of the next year or so. In addition, Peter is acting on a number of commercial disputes involving development agreements and the use of “reasonable endeavour” clauses on overage agreements. He is also instructed by Hampshire County Council in respect of its claim for a declaration regarding the proper construction of a sectioin 106 agreement relating to the Beazer Homes development at Elvetham Heath in which Beazer seeks repayment of money paid to HCC under the agreement.

In the spring Peter appeared in a string of inquiries in Leeds, all relating to the major housing schemes. He was instructed by Taylor Wimpey and Persimmon on the Grimes Dyke inquiry in Leeds (300 new dwellings); and the Boston Spa inquiry in Leeds for also for Taylor Wimpey, (170 dwellings). He is also instructed on the Allerton Bywater inquiry for Taylor Wimpey.

He acted for Mercia Crematoria Developments in relation to its judicial review of Fenland District Council’s decision to permit a crematorium in Chatteris. That decision was quashed. He also acted for the Marquis of Milford Haven in respect of his s.289 appeal in the High Court against the upholding of an enforcement notice relating to his polo establishment. The decision was quashed.

Peter also has a particular interest in environmental law, having been leading counsel for the Environment Agency in the leading case of Rowland v Environment Agency [2003] EWCA Civ 1885 which is the most recent consideration of the law relating to public rights of navigation and where the EA successfully defeated a claim to a stretch of the River Thames as private waters. He is currently acting for Hinton Organics in a High Court odour nuisance claim brought against it by local residents, which is on-going. In February 2010 he successfully acted for Hinton Organics in a related claim against it and the Environment Agency relating to bioaerosol emissions, again brought by a local resident (R(Louisa Baker) v Environment Agency & Hinton Organics).

AFFILIATIONS
ALBA
PEBA
Compulsory Purchase Association

OTHER BARS
Northern Ireland (1997)

EDUCATION
Repton
Leeds University
Inns of Court School of Law

DIRECTORY ENTRIES
Chambers & Partners, 2010 :
Recommended leader in Planning Law : “an exceptional advocate, both capable and thorough ” (2006); "(he) is regarded as a heavy hitter in the planning market who fights his corner incredibly strongly " (2007), " a tremendous and aggressive advocate, who doesn't beat around the bush, and is hands-on from the start. As one client put it: in my darkest hour he never lost his determination to win the case for me" (2008), "quite simply a winner... brilliant cross examination skills and can absorb rooms full of documentation with ease" (2009) and " a fiercely loyal and highly effective advocate who performs to a consistently high level for many extremely important clients" (2010).

Legal 500, 2009 :
Recommended leader in Planning Law : "an exceptional advocate ” (2006); " popular with solicitors and his track record shows that he is successful: he attracts recognition for his robust style of advocacy, and impressive commercial acumen: he is seen as a 'go-to' guy for any significant housing development, and his partnerships with promising juniors like James Strachan have seen a string of wins at inquiry " (2007), " extremely talented ...special expertise in large-scale residential development work" (2008) and “tenacious and determined” (2009).

Legal Experts, 2010 :
Leading expert in Environmental Law and Planning Law.

OTHER APPOINTMENTS
Appointed by the Chairman of the Bar to the Bar Council/Law Society Joint Tribunal on Fees Disputes
Governor, Repton School.

HOBBIES
His hobbies include fishing, skiing and walking his dog.

CLERKS EMAIL
Michael Kaplan and Elliot Langdorf

Practice areas

t 020 7404 5252
clerks@4-5.co.uk

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