Planning and Land
Poonam is a versatile public law barrister.
She has experience of dealing with a broad range of local government and planning matters. She is particularly adept at dealing with complex and overlapping areas of law and presenting them in an accessible manner.
She is very familiar with managing the often-competing interests involved in public law and clients welcome her pragmatic approach to litigation.
Poonam’s public law practice has a particular focus on planning and highways (including ROW) related matters, she has represented developers, local authorities and interested parties at all levels from hearing and inquiries to onwards appeals.
Cases Of Interest:
• Challenged LPA’s decision in the High Court to refuse prospective developer site access on council owned land (Enterprise Hangars v Fareham Borough Council  EWHC 2060, the case concerned the scope of section 1 of the Localism Act 2011 and procedural irregularities within the LPA’s decision making process.
• Represented an LPA against a judicial review of a decision to grant planning permission under s73 of the TCPA 1990, case concerned proper approach to commencement and implementation of a planning permission, (Atwill v New Forest National Park Authority  EWHC 625 (Admin).
• Junior counsel for the LPA in a five-day multi-track trial for a planning injunction, the case was of local and political interest.
• Defended committal proceedings brought by an LPA for the breach of a planning injunction. The injunction order was also discharged against the defendant with no order for costs.
• Obtained an urgent out of hours emergency planning injunction against ‘persons unknown’ from the High Court under sections 214A and section 187 Town and Country Planning Act 1990 to prevent unauthorised tree felling on national park land. Retained to deal with the prosecution of known offenders, see news article here.
• Advised on appeal to the High Court under section 288 and section 289 of the Town and Country Planning Act 1990 to have a planning inspectors’ decision quashed.
• Sole counsel in a three-day planning inquiry concerning an operational development on conservation land, the case involved listed building considerations.
• Successfully defended a claim for damages in the county court made against a local planning authority, the case concerned the jurisdiction of the county court in dealing with such matters.
• Sole counsel for a highway’s authority in a two-day multi-track trial concerning the legal status of a verge.
• Successfully represented LPA in a case challenging listing of an ACV (Roffe v West Berkshire Council and anor (Appeal No: CR/2019/0010)
• Acted for the Council in a case concerning the correct ‘start’ date for the prosecution period for non-compliance with an enforcement notice, distinguishing R v Kuxhaus. The court made a confiscation order of £45,000.00, press coverage here.
• Advised private landowners on compulsory purchase and compensation arising from redevelopment of an ancient highway.
• Successful application to strike out a collateral challenge to a traffic regulation order and dismissal of a claim in trespass.
• Advised a multinational company with a complex corporate structure charged with advertising offences, the prosecution was subsequently withdrawn.
• Second prosecution of a local village pub which had been converted into residential use without prior planning permission, press coverage here.
• Prosecution for non-compliance with a planning enforcement notice resulting in a £20,000 fine, press coverage here.