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Andrew Fraser-Urquhart
Date of call: 1993 Middle Temple
Andrew Fraser-Urquhart specialises in planning and environmental law, compulsory purchase and associated areas. He also has a busy employment practice.
Andrew is recognised as a leading junior in planning law in the Legal 500, Chambers & Partners and Legal Experts . He has " great tactical awareness and the ability to highlight and concentrate on the main issues of a case" - Chambers & Partners.
His practice encompasses all areas of housing, retail, green belt and listed buildings and conservation. He is at the forefront of work using the new planning regime, both in the High Court and at LDF Examinations.
He also specialises in energy projects, both in minerals and mining, and in renewables, where he has a “burgeoning reputation” (Legal 500). Andrew has a further expertise in outdoor advertising.
Recent planning highlights have included:
- Overturning the PPS12 presumption of soundness in the Court of Appeal and quashing the adopted affordable housing policy in one of the very first successful High Court challenges to a new style DPD in Persimmon Homes v Blyth Valley DC;
- Securing planning permission at inquiry for the Huntington Lane Surface Coal Mine, Shropshire (2009) and the Long Moor Surface Coal Mine, Leicestershire (2004) and successfully resisting a judicial review of the grant of permission at Long Moor;
- Resisting the Three Moors Windfarm proposal on the borders of Exmoor National Park;
- Appearing for Clear Channel plc in the Court of Appeal in two of the leading cases in outdoor advertising, Clear Channel v LB Southwark (2008) and Clear Channel v LB Hammersmith (2009);
- Acting for the Mayor of London at the Trad Site, Imperial Way, Bow inquiry, successfully resisting a scheme for a major residential scheme with 19 and 15 storey tower blocks with major implications for the Mayor’s plans for the comprehensive redevelopment of the Bromley-by-Bow area.
- Appearing for a major local landowner at the Ashford Core Strategy Public Examination, the first Core Strategy Inquiry in a designated Growth Area;
- Acting for the Civil Aviation Authority at the Kyle Forest Wind Farm, Ayrshire inquiry, where a 90 turbine windfarm was proposed to be located underneath the final approach to Glasgow Prestwick Airport;
- Appearing in one of the most controversial planning applications in recent years in Cornwall, South Crofty Tin Mine, Camborne; Andrew acted for the developers on their proposal to return the last tin mine in Cornwall to full production and undertake large scale residential development on cleared land. The Regional Development Agency opposed the scheme and Andrew appeared at the 3 month planning Inquiry and successful judicial review of the adoption of the local Area Action Plan;
- Appearing for Stagecoach buses at the Olympic CPO Inquiry;
- The 4 month Tonbridge & Malling Major Sites Inquiry, where Andrew acted for Trenport Investments/Berkeley Homes in securing planning permission for 1,000 houses in competition with two other sites;
- Persuading the Inspector to recommend refusal at the Arsenal Football Stadium CPO Inquiry;
- Successfully resisting (in the High Court and Court of Appeal) a challenge to the old mining permissions list in Stancliffe Stone v Peak District;
- Successfully resisting a residential allocation of 1,500 homes at the Leeds UDP inquiry; and
- Appearing for Pizza Hut UK in cases arising out of the advertising implications of external lighting at restaurants.
Andrew’s employment expertise ranges across restrictive covenants, industrial relations, discrimination and equal pay, TUPE and unfair dismissal. He handles the largest and most sensitive cases and acts for such as
- British Airways,
- Civil Aviation Authority,
- Reed-Elsevier Publishing,
- London Underground,
- Quinetiq (formerly Defence Evaluation and Research Agency)
- Local Authorities and various NHS Trust and PCTs.
He is also in demand as a lecturer and trainer on both planning and employment matters. He was given the prestigious task of Conference Summariser at the Oxford Joint Planning Law Conference in 2007.
Andrew prides himself on his approachability, flexibility and quality of service. He is qualified to accept instructions directly from the public under the Direct Public Access scheme.
AFFILIATIONS
PEBA
ELBA
ALBA
EDUCATION
MA (Hons) Cantab, 1st Class
Inns of Court School of Law, Very Competent
SCHOLARSHIPS
Astbury Law Scholar of the Middle Temple.
Inns of Court Studentship Award.
LANGUAGES
French (proficient)
German (intermediate)
Russian (intermediate)
DIRECTORY ENTRIES
Chambers & Partners, 2010:
Recommended Junior in Planning Law: "great tactical awareness and the ability to highlight and concetrate on the main issues of the case".
Legal Experts, 2010:
Leading expert in Planning Law.
Legal 500, 2009:
Recommended junior in Planning Law: “a burgeoning reputation in renewable energy and wind farm work” (2009)
CLERKS EMAIL
Mark Regan and Stephen Broom
Practice areas
t 020 7404 5252
clerks@4-5.co.uk
News & events
Exmoor Windfarm Blown Away!
Andrew Fraser-Urquhart acted for North Devon District Council in successfully resisting a proposal for a 9 turbine windfarm site at South Molton, Devon.
Chambers goes mining!
Tim Corner QC and Andrew Fraser-Urquhart have just succeeded in securing permission for UK Coal for an open-cast mining site at Huntington Lane, Telford. The Local Planning Authority was represented at the 6-week inquiry by John Steel QC.
Court of Appeal finds no “presumption” of Soundness
In a hugely important decision relating to the development plan process, the Court of Appeal has accepted the arguments of Peter Village QC and Andrew Fraser Urquhart (representing the house builder Respondents) that the so-called “presumption of soundness” as contained in PPS 12 (2004), which was interpreted as placing an onus on objectors to bring evidence to show that the local development document was “unsound”, was misleading and contrary to the provisions of Section 20(5) of the Planning and Compulsory Purchase Act 2004.
Cases of note
Books & articles
