Michael Tomlinson

Call 2002
Email michael.tomlinson@3pb.co.uk
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Planning

In Town and Country Planning Act matters, Michael is frequently instructed to act and advise in range of planning cases including planning enforcement matters and TPOs.  He is predominately but not exclusively instructed by local planning authorities.  He is regularly instructed to appear both in Planning Inquiries and also in in the Magistrates and Crown Courts for enforcement matters.He has a growing planning practice and an interest in the impact of development on greenbelt land.

Recent Major Cases

R (on the application of A) v X Council (2011) – drafting a claim for Judicial Review against a local planning authority. The LPA conceded the claim and acknowledged that it had fallen into error.

Three Rivers DC v Noonan (2010) – appeared on behalf of the local authority in the Crown Court at St Albans successfully prosecuting the defendant for a number of planning enforcement breaches.

Poole BC v Kenrick (2008) – appeared on behalf of the local authority in the Crown Court at Bournemouth successfully prosecuting the defendant for TPO offences.

Housing

Michael’s housing work includes representing local authorities, social housing landlords and individuals in a range of cases, from straightforward possession hearings and applications to succession claims and applications for anti-social behaviour injunctions.  He is predominately but not exclusively instructed to act for registered social landlords.  He has represented RSLs in the County Court and on appeal and was involved in obtaining the first ASBI granted in a North Devon County Court. Michael also acts in cases involving HMOs, both for local authorities and for landlords.

Recent Major Cases

R (on the application of X) v A Council (2011) – drafting and advising a local authority defending a claim for Judicial Review in relation to Homelessness and the Housing Act 1996.

P Housing Association v C (2009) – on appeal in the County Court considering the case of London Borough of Wandsworth v Whibley; 55 CPR PD 10; and an application to fix a date for possession following a postponed possession order.

B Borough Council v A (2008) – successfully defended an action for possession against the local authority on the grounds that the defendant had succeeded to the tenancy.