John Pugh-Smith

Associate member (Call Date: 1977) Email Clerks
John Pugh-Smith

He is very experienced: he is very realistic about litigation and gives clients an honest view. He is approachable, friendly and knowledgeable, and fun to work with too.”

Chambers and Partners 2019

John’s practice is now divided between acting still as retained counsel dealing with town and country planning matters, with related environmental, real estate and local government work, and his increasing appointments as an experienced alternative dispute adviser and resolver in his various roles as an arbitrator, independent expert and mediator. As an active promoter of conflict resolution, particularly in the public sector, he has been one of the specialist advisers to the All-Party Parliamentary Group on Alternative Dispute Resolution, a former Design Council Expert (in which capacity he acted as a member of its Highways England Design Review Panel) and the co-ordinator of the Department for Levelling Up, Housing and Communities’ Pathfinder Mediation Initiative. He continues to serve on several professional committees and  is a Fellow of the Chartered Institute of Arbitrators. John receives regular appointments from the President of the Royal Institution of Chartered Surveyors (RICS) in respect of arbitration, expert determination and mediation on all non-rent review matters though with a focus on development related disputes. He also welcomes direct instructions and appointments.

Court and tribunal experience

Recent appearances in the High Court, County Court, Upper Tribunal (Lands Chamber), Planning Inquiries and Hearings, and, Parliamentary Select Committees

Qualifications/Education

MA. (Oxon) (1976)
Bar Finals (1977)
Accredited mediator (CEDR – 2005)
Fellow of Chartered Institute of Arbitrators (2018)

Memberships/Appointments

Gray’s Inn
Planning & Environment Bar Association (Member)
Compulsory Purchase Association (Member)
Civil Mediation Council (Registered Mediator)
Chartered Institute of Arbitrators (Fellow)
RICS DRS President’s Panel (Member)
Bar Council ADR Committee (Member)

Publications/Articles

Planning, Property & Compensation Reports (Sweet & Maxwell): Joint Editor
How to Master Commercial Mediation (Bloomsbury): Contributor
Shackleton on the Law and Practice of Meetings (currently at 14th Edition) (Sweet & Maxwell): Joint Editor
Neighbours and the Law (currently at 5th Edition) (Sweet & Maxwell): Originating and co-author
Environmental Law (currently at 2nd Edition) (Oxford University Press): Joint editor and contributor
Archaeology in Law (Oxford University Press): Co-author

Cases

R (North Norfolk Planning Watch Ltd CIC) v North Norfolk District Council [2017] EWHC 3345 (Admin) – use of prescribed application form for demolition of an unlisted building in a conservation area.

R (Community Against Dean Super Quarry Limited) v Cornwall Council & Shire Oak Quarries [2017] EWHC 40 (Admin) – enforcement of EIA development-delay- inadequate consideration of Habitats Regulations – retrospective planning application – declaration of illegality refused

R (Roskilly) v Cornwall Council & Shire Oak Quarries Limited [2015] EWHC 3711 (Admin) – Environmental Impact Assessment. Planning permission with negative scoping opinion overridden by later positive screening direction.

Saunders v Caerphilly County Borough Council [2015] EWHC 1632 (Ch) – Compulsory Purchase Order compensation. Application of the Limitation Act 1980 ss.9, 29(5) to claim requiring Authority to refer matter to Upper Tribunal (Lands Chamber).