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 prosecutes and defends in the Magistrates' and Crown Court in matters relating to enforcement and stop notices, noise abatement notices, waste management licences, statutory nuisance and the control of advertising regulations.
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. He spent many years prior to coming to the Bar preparing technical reports relating to environmental matters and designing contaminated land and groundwater remediation solutions. He is uniquely placed to advise on such matters
- Immigration, Nationality and Asylum
Appointments & Memberships
- Planning and Environment Bar Association
- Fellow of the Geological Society
- United Kingdom Environmental Law Association
R. (on the application of Thangeswarajah) v Secretary of State for the Home Department  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)  UKUT 315 (IAC),  Imm. A.R. 872;  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  All ER (D) 24 (Jan),  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  B.L.G.R. 444;  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  J.P.L. 420
s.288 challenge relating to means of service of enforcement notices.
Forest of Dean DC v SSCLG and Ricky Jones  EWHC 4052 (Admin)
Resisted challenge to a grant of planning permission brought in relation to the legality of the assessment of heritage assets.
R(on the application of Castelli) v London Borough of Merton  EWHC 602 (Admin)
The first reported case addressing the definition of a “hedge” under the “High Hedges” legislation.
O’Connor v SSCLG & Epping Forest District Council  EWHC 3821 (Admin)
Successful challenge to the decision of the SSCLG to dismiss an appeal contrary to the recommendation of his Inspector where the SSCLG’s conclusions in respect of flood zone and flood risk were vitiated by illegality.
Reed v SSCLG & Bracknell Forest District Council  EWCA Civ 241
Successful s.289 challenge quashing dismissal of enforcement appeal. Challenge based on flawed assessment of intensification in a mixed use of land.
Winchester City Council v SSCLG  J.P.L 1184,  EWHC 101 (Admin);  7 E.G. 99 (C.S)
An important case considering the extent of the applicability of the judgement in I’m Your Man Ltd v SSE (1999) in determining a lawful use by reference to that described in a planning permission, in the context of an absence of relevant conditions.
Wenman v SSCLG & Waverley Borough Council & Guildford Borough Council  EWHC 925 (Admin)
Successful challenge to an Inspector’s application of the NPPF to countryside residential development in the context of housing supply policies.
Turner v SSCLG & East Dorset District Council  EWHC 2728 (Admin)
First reported case relating to the application of the sixth bullet point of paragraph 89 NPPF on the exceptions to new buildings constituting inappropriate development in the Green Belt.
Johnson v Secretary of State Environment, Food and Rural Affairs  UKUT 207 (AAC)
First reported successful challenge in the Administrative Appeals Chamber to a Nitrate Vulnerable Zone designation.
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