As a Planning and Public Law Barrister and Litigation Specialist, Simon is passionate about good, fair decision making in public life. Called to the Bar in 2003, he has worked in many legal areas including criminal law, before specialising in planning and public law. Simon is a skilled litigator with experience of acting in all levels of courts in England and Wales.
During his legal career, Simon has been involved in advising on many high-profile projects including HS2, the expansion of the UK’s airport capacity and the effects of Brexit on the UK. Over the course of these projects, he developed his interest in planning and public law, infrastructure litigation, judicial reviews, resolving regulatory law issues, compulsory purchase and land use work.
Areas of law
Planning and Environmental Law
Recent Cases:
Acting for the "Save Capel" residents association and Capel Parish Council in the 2022 examination of the Tunbridge Wells Local Plan Review
Acting for Lenham and then Harrietsham Parish Councils in the 2022 examination of the Maidstone Local Plan Review
Acting for a client concerning the responsibility of a Highway Authority for a private bridge over which a public highway passes
Acting for the Claimant in the first successful judicial review concerning a General Vesting Declaration issued by Birmingham City Council following the confrmation of a Compulsory Purchase Order - R(Dawes) v Birmingham City Council [2001] EWHC 1676
Acting for a group of 11 objectors in the City of Westminister (Ebury Birgde Estate) CPO 2022 - successfully assisting all 11 to reach agreements to voluntarily sell their property to the Council.
Public/Administrative Law
Recent Cases
Acting of Tandridge District Council (led by Richard Clayton C) in R( D & R) v Tandridge District Council
General Civil Litigation
Direct access and solicitor appointed
Having completed the direct access course, Simon can be instructed directly by members of the public as well as by solicitors. Simon also provides advice and assistance to local authorities to help them make good public law decisions, as well as acting for individuals where they feel the wrong public law decisions have been made.
Memberships
Qualifications
Personal interests
When not in court, Simon enjoys spending time with his two young children as well as gardening and cooking. He also has a cider press and makes his own Kentish cider.
R (Zoe Dawes) v Birmingham City Council
Mr. Justice Holgate has today handed down judgment in R (oao Zoe Dawes) v Birmingham City Council [2021] EWHC 1676 (Admin) a claim brought by Miss. Dawes in respect of Birmingham City Council’s decision to execute a General Vesting Declaration (the “GVD”) on 13th August 2020 to vest the title of her property in the Council. The GVD was executed in furtherance of the Birmingham City Council (Acocks Green, Hodge Hill, Handsworth, Kings Heath, Selly Oak, Yardley, Moseley, Tyseley and Sutton Coldfield) (Empty Properties) Part II Housing Act 1985 Compulsory Purchase Order (No. 13) 2018, which was confirmed by the Secretary of State for Housing Communities and Local Government on 4th June 2019. This CPO was confirmed as part of a city-wide policy to bring dilapidated and uninhabited houses back into occupation.
The claim concerned the Claimant’s attempts to bring the property into a reasonable state for occupation or a habitable condition to allow the property to be used as a family home for her and her disabled son following the confirmation of the CPO. As of the date of the execution of the GVD the Claimant and her son were occupying the property as their family home.
The claim before Holgate J was that the Council had been wrong to execute the GVD on three grounds:
The Claimant succeeded on the first ground and as such, her claim has been allowed. As the Claimant succeeded on the first ground, the remaining grounds added nothing further.
It should be noted, however, that in respect of challenges brought to GVDs seeking to rely on grounds raising the PSED or Article 8, Holgate J expressed reservations in his judgment as to whether or not such grounds can form the basis of challenging a GVD or, indeed a Notice to Treat, where such issues had not been raised in relation to the CPO itself. The Court considered this to be an issue that will need consideration in future cases, and in more depth.
Simon Bell acted for the successful Claimant in this matter under a direct access instruction via Clerksroom Direct.