Career
1982-88: Member of HM Forces
1993-94 UCL Lecturer M.Phil. Planning Course
Teaching Fellow – Exeter University 2003-2011
Founder member of Rougemont Chambers 1997
2002 Appointed to Attorney General’s List B for Criminal Matters
Legal 500 2011
Gavin Collett is recommended for his planning expertise
After service in HM Forces and undertaking higher education, Gavin began his legal career in a prestigious planning law set in London. In pupillage he dealt with Tesco cases and matters such as the infamous Oxford one way system before moving to the West Country in 1995. While in Devon he has combined his love of planning law with a successful criminal practice. This culminated in his being offered a honorary teaching fellowship at Exeter University on the Forensic Science course. He continues to lecture to undergraduates on the advances in forensics and the use of forensic science in legal cases. However the lure of planning and property law drew him back into his present practice.
In 1997 he, along with head of Chambers Michael Berkley, founded Rougemont Chambers as a modern progressive set, keen to promote the best of the old while embracing new technology and modern thinking.
Gavin heads the Planning team and has quietly become extremely sought after for his presentation skills and cross examination of witnesses. He is described as approachable and understandable by his clients; “A man that gets results.”
In 2011 he was recognised by the Legal 500 for his expertise in Planning Law. He continues to accept instructions ranging from minor developments up to major housing developments and urban regeneration. He was the first Counsel to have a wind farm refused on visual impact grounds and has also defeated the Highways Agency in a matter concerning a road access closure.
Gavin is registered for, and accepts, direct access from members of the public and fellow professionals.
Planning and Environment
Gavin acts throughout the West Country and beyond on a large number of planning cases, alternating between private client and Local Authority work. In 2010/11 Gavin appeared mostly against Queens Counsel. Recently the majority of his work has been large housing developments often dealing with housing supply (and bats!) but he has interspersed this with smaller Inquiries and hearings. He is happy to advise in conference or attend site visits where appropriate.
Notable Cases
Re: Wall Park, Brixham, (Formerly the Pontins Holiday Camp) 2011
This was an Inquiry considering the redevelopment of the former Pontins Holiday Camp at Brixham. The developer sought to obtain permission for 219 residential dwellings, a 60 bed care/nursing home (C2 Use), 2 bat barns, (1 of which to be a heated winter roost) use of land for touring caravans/camping and associated administration facilities . The Local Authority resisted the application on the grounds that it would deprive the area of a valuable tourist resource. The case involved detailed consideration of development within an AONB, housing supply and disaggregation. The tourism strategy for the Torbay area and Brixham in particular. Finally the impact of the Localism Act and local participation in the planning process.
Appeal dismissed.
Re: Land at Otter Close, Tipton St John 2011-12-16
This was an Inquiry, for 56 new dwellings, on behalf of a developer which turned on a chronic under supply a 5 year housing supply if the District wide figure was not disaggregated. (If disaggregation applied then the particular area in fact had an oversupply). The case also involved issues of the Local Plan and its policies and matters of sustainability in rural locations.
Appeal dismissed.
Re: Maidenbrook Farm, (Instructed by Taunton Deane Borough Council) 2011
This case was an outline application for in the region of 233 houses, a public house, environmental set aside and playing fields. The main issues concerned the effect on the ‘Green Wedge' that surrounds Taunton, the impact on the landscape and the effect on the Hestercombe House SAC colony of lesser horseshoe bats.
The developer was represented by one of the leading Q.C.'s in the planning arena.
The appeal was dismissed due to the impact on the green wedge.
Keet v Arun District Council 2010
This case had a number of issues. Firstly Arun District Council obtained an ex-parte injunction which prevented the Appellant, a gypsy, and his family from living in their caravan although the Authority were aware that they were already resident on the land. In an emergency inter-partes hearing the injunction was found to be both unlawful and illegal and was quashed with costs.
At the Inquiry the Appellant argued that there was an agricultural need, (management of a duck farm), and that as a gypsy, the family had no where else to go. The Authority denied the need and stated that the Appellant's gypsy status had been lost.
The Inspector ruled that the agricultural need was made out and did not decide upon whether a gypsy could lose his status.
Cornwall Council v Poltair Developments Ltd (Gabbons Nursery, Penryn) 2009
Acting against QC in major Cornish redevelopment case. Issues of housing need and affordable housing versus impact on open countryside, expansion of urban area and traffic issues.
Sedgemoor District Council v Hughes (Yeo Moor Drove) (Gypsy case) 2009
First ever case where LPA have fulfilled requirement for sites within their area. Unspecified site coming forward therefore pure planning need versus outstanding need in adjoining districts.
Units O & P, Islington Wharf, Penryn, TR10 8AT 2009
Change of use of wharf development. Use by religious group,(‘Stirring of the Waters Ministry') - whether change of use and/or unlawful intensification of existing use.
Ritz Cinema, Burnham on Sea. 2009
Proposed mobile phone mast (O2) on art deco building within conservation area. Signal needed by local Lifeboat station.
Cloakham Lawns 2011
Advising Axminster Town Council on a possible Jusdicial Review of East Devon’s decision to grant major project development at Axminster.
Enforcement
Gavin undertakes all aspects of enforcement appeals. His years as a criminal advocate and therefore knowledge of criminal procedure and the rules of evidence combined with his extensive planning knowledge make him ideal to present or defend such cases. He appears in appeals to the Secretary of State and for the prosecution or defence in all the criminal Courts.
Appeals (Planning)
Notable Cases
Vesamia v London Borough of Newham 2010
This case concerned, as is common in London, the change to and from and number of uses and at different times and on different floors. The Local Planning Authority sought to enforce back to a preferred position over, as was found, existing rights.
The Notice was quashed.
Draper v Stroud District Council 2010
Enforcement action was taken against the Appellant and his family for their use of moto-cross motorbikes on their farm. A professional practice track had been added and this caused some local ill feeling. The case turned on what was de minimis use and to what extent riding on certain fields at certain times could be said to be a continuous use.
The Inspector quashed the Notices.
Cornwall Council v Mr M. Chester. 2009
Composting appeal plus two enforcement orders plus access appeal. Cause celeb within Cornwall. The Appellant appeared in person and had a colourful approach to the Inquiry and its rules. Now reported at Chester v Carrick D.C. [2010] P.A.D. 16
Magistrates
East Devon District Council v Living Heritage Craft Shows Limited 2009
This was an advertising prosecution brought by the Local Authority. The case was dismissed before trial on the basis that the Defendant company had taken all reasonable steps to prevent the unlawful adverts and in fact they had been placed by a rogue employee.
Sedgemoor District Council v Price 2010
This case involved a prosecution under the subject to Regulation 4 and 30 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and section 224 of the Town and Country Planning Act 1990 (as amended). The Defendant claimed that as the ‘A’ board Notice affixed to the roof of his works van was not permanent then he had a defence to the Prosecution. In a detailed Judgment after considering the case law the Magistrates found the case proven and convictred the Defendant of the offences.
Crown Court
West Devon District Council v Bassett & Britain (2009-2010)
This case was the complex prosecution of breach of an Enforcement Notice and a Stop Notice. The Defendants had elected Crown Court trial but on day 1 of a 4 day trial they pleaded guilty. The case was then adjourned for sentence. When the matter was relisted for sentence both defendants had sacked their respective Counsel and sought to vacate their guilty pleas. At another hearing they were allowed to vacate their pleas and the matter was re-listed for trial. A legal argument into sui generis use occurred on day one of the relisted hearing and after the Judge ruled in favour of the Prosecution they again pleaded guilty before a jury was sworn!
Mathews V East Devon District Council 2010
This was an appeal against conviction for producing smoke under Section 80(1) of the Environmental protection Act 1990 (the Act) in that the Defendant contravened/failed to comply with an Abatement Notice served 2nd March 2009. The appeal against conviction was dimissed.
Rights of Way
Gavin along with Tim Felton have between them presented a comprehensive team on all aspects of Rights of Way. Whether applying for them to be moved or stopped up or opening existing or new routes both advocates have acted for and against Local Authorities and other interested groups.
Notable Cases
Re: B.O.A.T. 7 Rattery Wildlife and Countryside Act 1981 Sec. 53
Opposing order for imposition of BOAT on farm track. Whether public right of way could exist on a cul-de-sac. Proposed Order dismissed by Inspector.
Public Footpath Diversion Order: T13/6 AND T4/24 2009
(Parishes of Halse and Bishops Lydeard)
Footpath diversion. Acting for proponents of the Order. Issues over flooding and accessibility. Highly contested by local groups. Six costs applications made. Diversion Order granted.
Other Highway Cases
Bettercam - A30 Trunk Road Service Area
Application to site major service area beside the A30. Competing sites.
Devon County Council v Cowlin Construction 2009
Prosecution for placing unlicensed hoardings on a highway. Acting for defendants, 6 day trial. Defendants acquitted all 3 counts - £83,000 approx. in costs awarded.
Land
Along with his extensive planning experience Gavin has appeared in numerous cases involving rights on or over, or involving land.
Notable Cases
Roebuck v Cornwall Council 2011-12-16
This was an application for damages against a Local Authority for failure to properly notify or advertise a planning application that was subsequently granted.
Parker v Palmer 2010
There are two issues before the Court, firstly whether the claimed right is created and preserved by the various deeds to the Claimants property. If such a right is created and preserved then the matter is concluded. If such a right does not exist or is not preserved, then the Claimants allege that they and their predecessors in title of the Property and the several occupiers thereof have for the full period of forty years and more preceding the commencement of this action enjoyed as of right without interruption.
Regulatory Crime and Inquests
Gavins background in the Criminal Courts (including leading cases on S.O.P.O.'s) has given him a specialised knowledge of prosecuting or defending regulatory matters in the criminal courts. Recently, 2011, he defended a matter of an individual charged with a offence under the Food Safety Act 1990 and the renewal of a licence at an examination under the Goods Vehicles (Licensing of Operators) Act 1995.
Gavin has conducted numerous Inquests in the past two years where his expertise as a lectrurer in Forensic Science has been favourably commented upon by Coroners and Deputy Coroners.
Other Major Cases
Brent Knoll Wind Farm. August 2007
Proposed wind farm (5 turbine site) by Ecotricity adjacent to Brent Knoll in Somerset. High local profile, issues over lack of sustainable energy within district/County.
Appeal dismissed. First case where the impact of the turbines on visual amenity outweighed the need for renewable energy within an LPA.
Fingle Glen Gap Closure A30. September/October 2008
Major local issue inquiry called in by two Secretaries of State. Acted pro bono for protesters. Major negative outcome of closure allegedly offset by safety benefits. Major dispute on the accuracy of the Highway Agencies figures. Closure order not confirmed. Junction now fully reopened.
Professional Memberships
Planning and Environment Bar Association
National Association for Planning Enforcement
Reported Cases
R. -v- Dempster [2001] CLR 567 & [2001] 1All ER (D) 151
East Devon District Council -v- Farr [2002] EWHC 115 (Admin)
New Forest District Council -v- Shutler & others [2005] EWHC 3122 (Admin)
R. -v - Slocombe [2005] All ER(D) 303
R. -v- Slocombe (2006) 1 WLR 328: (2006)1 All ER 670: (2006) 1 Cr App R 33
R. -v- L (2006), All ER(D) 345 C.A.
Mrs K Curtis v (1) The First Secretary of State for Communities and Local Government (2) The North Somerset Council [2009] EWHC 839
Chester v Carrick D.C. [2010] P.A.D. 16
Seminars 2010-2011
C.I.L. An Introduction.
Localism Bill - A Brave New World?
Localism Bill - Update
Photovoltaic's and Planning
Planning Law - Legal Upd ate (Several Seminars Given - latest June 2011)
Articles in The Architects Journal (Planning)
Personal
Interests include: Game Shooting, gourmet food (eating it and cooking it), watching Arsenal and avoiding all forms of exercise | 