David H Fletcher
Call 1971 (Gray’s Inn)
Qualifications MA (Cantab), Scholar of St Catharine’s College, Cambridge, Lord Justice Hankey Scholar of Gray’s Inn, Lecturer in Public & Administrative Law, Bristol University 1967-1972
Professional Memberships Planning & Environmental Bar Association (PEBA)
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Areas of Practice
David Fletcher has a substantial practice in Planning & Local Government Law, Environmental Law, Licensing, Judicial Review, Housing, Discrimination and Education Law. Over the years he has been engaged in a number of leading reported cases in the House of Lords and Court of Appeal on behalf of public authorities in the fields of Judicial Review, Housing and Discrimination law, and he has recently been heavily engaged in a series of educational negligence cases, including the recently reported leading decision of the Court of Appeal in Devon County Council v Clarke [2005] EWCA Civ. 19. David has also been extensively engaged in recent years in a series of high profile gypsy/traveller cases both in the High Court and at Planning Inquiries, including the Minety Gypsy Inquiry at North Wiltshire. He lectures on planning and public law topics to local authorities and for local government training purposes.
- Statutory Appeals to High Court and Judicial Review of Planning, Education and other Local Authority decisions
- Advising on and/or attending Public Inquiries in relation to Residential, Commercial and Leisure Developments, and Gypsy Inquiries
- Applications for Planning Injunctions on behalf of Local Authorities including gypsy/traveller cases
- Listed Building/Conservation Area appeals
- Enforcement Notice appeals
- Human Rights cases
- Local Plan Inquiries
- Highway and Rights of Way Inquiries
- Housing appeals and Housing Judicial Review
- Environmental Health prosecutions
- Educational needs statutory appeals and educational negligence
- Licensing appeals, including taxi licensing and liquor licensing
Major Inquiries and Cases Undertaken
Housing
- Tetbury, Lechlade : Cotswold DC
- Nailsea, Wrington, Winscombe, East of Failand (2010): North Somerset DC
- Tiverton: Mid Devon DC
- Tewkesbury
- Norton St Philip: Mendip DC
- Wootton Bassett: North Wiltshire DC
Retail
- Superstore Inquiry, Cornwall
- Fast Food Outlet Inquiry, Restormel BC
Local Plan Inquiries
- Forest of Dean DC
- Taunton Deane BC
- West Wiltshire DC
Commercial and major urban redevelopment
- Dock redevelopment scheme, Portbury, Bristol
- Gloucester Quays redevelopment Inquiry (2005)
High Court Injunctions and Gypsy/traveller inquiries
- Minety Gypsy inquiry, North Wiltshire DC (2005)
- North Somerset gypsy inquiries (Moor Lane (2005 – 2006)
- East Devon gypsy inquiry
Judicial Review
- Application to quash Secretary of State’s order staying implementation of Forest of Dean Local Plan (2005).
- Application to quash North Somerset Local Plan (2008)
- Application to quash grant of listed building and conservation area consent re Lakota Club (2008-2010)
Highway Inquiries
- Village by-pass, Wiltshire
- Road Closure Order, Cheltenham Ring Road Inquiry
- Town by-pass Inquiry, Blackwood, South Wales
- Right of Way Inquiry, Dorset
Licensing
- Taxi Licensing Inquiries, Plymouth
- ‘Walkabout’ Licensing Appeal, Bournemouth
Education
- Series of educational negligence cases in High Court and Court of Appeal
- SENDIST appeals and Judicial Review
Recent Cases
Small v North Somerset Council (2008) Administrative Court
High Court challenge to the recently adopted North Somerset local plan, on the grounds that its gypsy policies did not accord with the Structure Plan, nor with government guidance. Challenge rejected by the Administrative Court, principally on the basis that existing gypsy policies were under review in accordance with the new plan system, and it was unrealistic to expect the local planning authority to restart the old plan process.
Bristol City Council v Information Commissioner and Portland & Brunswick Square Association (May 2010) Re Lakota Club
This is an important decision of the Information Tribunal for all planning authorities required to decide under the Environmental Information Regulations whether to make public sensitive commercial information in viability appraisals. The Information Tribunal decided that a viability report disclosed in confidence to Bristol City Council was provided to protect a legitimate interest, but since the report was necessary to enable the Council to decide whether retention of a building in a conservation area was viable, the public interest in disclosure outweighed the interest in maintaining confidentiality. The Tribunal made clear however that this does not mean that planning authorities must disclose all commercially sensitive information provided in confidence by a developer.
Jones v North Somerset Council: appeal re land at East Failand (August 2010)
Section 78 Appeal against a refusal of planning permission for a major housing development at a Green Belt location which, according to the local planning authority (North Somerset) contravened all existing and emerging policies in housing location. The appeal was determined by the Secretary of State in view of its importance, and turned heavily on the interpretation and weight to be given to the then emerging RSS (now abolished by the new government). The appeal was decided in favour of the local planning authority shortly after the change of government.
Direct Access
David is qualified to undertake Direct Access work in appropriate cases, for further information, please visit our Direct Access page.
Recommendations
Legal 500 2011
- David Fletcher is recommended for planning matters.
Legal 500 2010
- David Fletcher has particular expertise in traveller cases and “is an excellent lawyer, and a good team-builder”.
Legal 500 2009
- David Fletcher recommended for licensing and judicial review.
Legal 500 2007
- David Fletcher “takes complex instructions, but is easy to work with and has a keen sense of humour”.
