Ranked in 1 Practice Areas
5

Band 5

Planning

London (Bar)

15 Years Ranked

About

Provided by Saira Kabir Sheikh KC

UK Bar

Practice Areas

Saira’s practice covers all aspects of planning and environmental law, local government, highways, compulsory purchase, Transport and Works Orders and parliamentary. She regularly appears in the Court of Appeal, High Court and Public Inquiries in a wide range of proceedings. She also regularly advises and appears at hearings in relation to Community Infrastructure Levy Regulations issues. She has a wide understanding of public law and local government issues.

Saira acts on behalf of both public authorities and developers.

She has recently acted on behalf of the Westminster Property Association in respect of their representations to the revised Westminster City Plan 2019 – 2040 securing significant changes to the proposed approach to the delivery of commercial development and affordable homes.

She is presently acting for numerous developers in London and South East in respect of hotel and shared living developments. She is also involved in several compulsory acquisition and compensation matters including in relation to a retail development and a religious institution scheme. Recent local plan examination work includes promoting the Central Bedfordshire Local Plan which plans for approximately 40,000 homes and significant employment and infrastructure. The plan also raised complex issues relating to the duty to co-operate. It is the first local plan to be adopted for its area since the local government re-organisation in 2009 of the former Bedfordshire authorities. Saira is also acting in respect of several other emerging local plans.

Saira has also appeared at the East West Rail Inquiry and acted for the local authority in respect of the judicial review to the M1/A6 link road. Other recent work includes acting for Westminster City Council in a series of High Court and Court of Appeal cases concerning the correct interpretation of permitted development rights for telephone kiosks and advertisements, the proper approach to a mixed hotel and hostel use and in various planning and enforcement appeals in respect of viability, affordable housing contributions and the proper approach to specialist housing.

She appeared for the developer in a significant High Court case relating to the meaning of public benefits in the context of harm to heritage assets.

Saira has considerable experience in respect of school developments including SEN schools having recently appeared in several planning inquiries.

Saira acted on behalf of HS2 in relation to the widely publicised proceedings at Euston Garden Square where protestors had created underground tunnels in order to prevent the progress of the HS2 infrastructure. She is also instructed in a number of other actions relating to protestors. She secured a Strategic Road Network wide injunction on behalf of National Highways against Insulate Britain protestors who were causing serious disruption.

Other recent work includes advising and appearing in numerous High Court and Court of Appeal proceedings relating to challenges to the grant of permission for significant development in respect of housing, mixed use development, loss of community services, listed buildings and trees. Saira also acted on behalf of Westminster City Council in respect of the Carlton Tavern Public House which was unlawfully demolished. She advised and acted in respect of the subsequent enforcement proceedings, appeal and injunction orders which resulted in the public house being entirely rebuilt in facsimile to the original building.

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