Michael Rudd acts for developers, government agencies, local planning authorities, residents’ groups, pressure groups and individuals. He has considerable experience in planning, enforcement, compulsory purchase and village green inquiries as well as in local plan inquiries. He is frequently instructed in statutory reviews, judicial reviews and injunction applications.

He regularly advises in a broad spectrum of highways matters including; compulsory purchase, Definitive Map Modification Orders, ownership and boundary disputes, temporary and permanent stopping up orders, Traffic Regulation Orders and s.278 agreements. Michael also has considerable experience of matters relating to contaminated land, landfill gas, groundwater contamination and drainage, statutory nuisance and habitat protection.

Key cases

R. (on the application of Thangeswarajah) v Secretary of State for the Home Department [2007] EWHC 3288 (Admin) Judicial review application relating to “fresh claims”, refused in the Administrative Court, successful in the Court of Appeal.

E-A (Article 8: Best Interests of Child: Nigeria) [2011] UKUT 315 (IAC), [2011] Imm. A.R. 872; [2012] I.N.L.R. 273
Appeal before the President of the Tribunal which focused the issues under ZH(Tanzania) and the UNCRC and clarified at what age the Tribunal considered children to begin forming relationships beyond the parental family unit.

Ball v SSCLG & Brentwood District Council [2013] All ER (D) 24 (Jan), [2014] EWCA Civ 372 – s.288
Statutory review relating to a high-profile green belt gypsy site development comprising 6 pitches in the constituency of Eric Pickles MP, the then Secretary of State.

AZ v SSCLG & South Gloucestershire District Council [2013] B.L.G.R. 444; [2013] J.P.L. 713
The first successful s.288 challenge relating to Green Belt residential development where the decision hinged on the interpretation and applicability to planning decisions of Article 8 ECHR, Article 3 the United Nations Convention on the Rights of the Child and the Children Act 2004

Cash v SSCLG & Wokingham Borough Council [2013] J.P.L. 420
s.288 challenge relating to means of service of enforcement notices.

Further information

Qualified Engineering Geologist

THE OIL, GAS, ENERGY & SUSTAINABILITY LAW CONVERZACIONE II Fracking – An Introduction to the the Law and Regulations relating to the Onshore Extraction of Shale Gas and Oil in England

Appointments & Memberships

Planning and Environment Bar Association

Fellow of the Geological Society

United Kingdom Environmental Law Association