Call: 1990 | KC: 2019
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William Upton KC specialises in planning, environmental and local government law. His experience ranges across the civil and criminal courts, as well as planning inquiries. He has acted for local authorities, the Environment Agency, private developers and third parties. He has a particular interest in the overlap between planning and environmental law, and the regulatory control of land use. He leads the Public, Planning and Environmental Law team in chambers.
William has been recommended as a leading barrister for both environment and planning in both the Chambers & Partners UK Bar Guide and the Legal 500 for many years. He is also named in the Best Lawyers in the UK (2023 edition) list for Environmental Law. He was the winner of the Planning/Environment Junior of the Year at the 2014 Chambers & Partners UK Bar Awards. He was a Member of the Raynsford Review of Planning task force (TCPA).
He regularly provides seminars to the planning and environment sectors, and recent topics have included the 2020 Planning White Paper, the revised NPPF, Environmental Impact Assessment, flooding, an overview on nuisance law, Obstacles to Infrastructure Planning, DMMO and Caselaw Updates on Rights of Way, and, ‘What the Frack?’ (fracking and planning).
A major part of 2014-2015 was spent on Lawrence v Fen Tigers Ltd and others [2014] UKSC 13 (noise nuisance from motorsports), in which the Supreme Court significantly reviewed the law on private nuisance, including its relationship with the planning regime. The second hearing was held in May 2014, [2014] UKSC 46, on the issues of the landlord’s responsibility for the nuisance and the potential unfairness of the costs (CFA and ATE insurance). The third hearing was heard in February 2015 [2015] UKSC 50, on the potential incompatibility of the costs regime with human rights, and there were 8 intervening parties including the Secretary of State for Justice, the Bar Council, and the Law Society. William was involved at the Court of Appeal and the High Court stages, and was the original counsel in the case.
Other recent court cases have included Swale BC v Secretary of State for Housing and Local Government and another [2020] EWHC 3482 (Admin) (costs issues on planning appeal), Cooper Estates v Tunbridge Wells BC [2017] (reasons in Local Plan reports), R (Birchall Gardens LLP & Tarmac) v Herts County Council [2016] EWHC 2795 (Admin) (planning, natural justice and costs), Thomas v Merthyr Tydfil Motor Car Auction [2014] Env. L.R. 4 (noise nuisance), R (on the app of Perry) v London Borough of Hackney and another (planning and issues over the confidential viability assessment), [2014] EWHC 3499 and [2014] EWCA Civ 1372 (disclosure).
His planning work has included the skyscraper developments at Lambeth Bondway and Vauxhall Cross planning inquiries, as well as advising and arguing about housing land supply and viability issues at planning inquiries.
Many local authorities have instructed him on their development plan work, following his work on the adoption of the first DPD in England back in 2007 (for Maidstone Borough Council). He has promoted 14 development plan documents to date and 2 CIL examinations. His work has included the Examinations into the Swale Local Plan (2016 and 2017), West Berkshire Site Allocations DPD (2016), West Berkshire Council Core Strategy (2012), the Greater Norwich Area Joint Core Strategy (2010/2011) and Tunbridge Wells Borough Council Core Strategy (2010). He acted for the London Borough of Tower Hamlets on its Community Infrastructure Levy examinations (2014), including issues relating to Crossrail funding and new development at Canary Wharf, and for the CIL examination by the London Borough of Hackney.
Recent advice on Environmental Permits has included dealing with revocation appeals, and the judicial review challenge to the removal of the waste management exemption that failed to comply with the Waste Framework Directive Objectives. He has also advised extensively on flood rights, highways, rights of way, commons and navigation law issues. He appeared for the Environment Agency in the Hampstead Heath Ponds case, R (on the application of the Heath & Hampstead Society v Mayor and City of London and the Environment Agency [2014] EWHC 3868 (Admin), particularly to deal with the issues of safety and the Reservoirs Act (as recently amended). Rights of way cases have included Wild v Secretary of State for Environment Food and Rural Affairs [2010] 2 E.G. 85, CA, and Elveden Farms v Secretary of State for Environment Food and Rural Affairs [2012] All ER (D) 183 (Jan). These areas also raise many enforcement and regulatory issues, and William has also found himself defending food safety issues at Smithfield market.
He was Secretary of the Planning Environmental Law Bar Association Committee (PEBA, 2013-2018), and is a former Council member of UKELA. He convened the UKELA Planning and Sustainable Development Working Party until 2015. He was also appointed to the Attorney General’s Panel of Junior Counsel to the Crown (Civil, 2003-2013).
Recommendations
"He's very good at responding to urgent requests for advice. He provides solid advice and is up to the minute regarding the latest developments. He's a reliable go-to person for environmental matters."
― Chambers UK Bar Guide [2025]"William is very good on his feet. He has good knowledge of the law and can apply it strategically."
― Legal 500 [2025]"A strong advocate and a genuine expert in environmental law, he has excellent client skills, well-honed judgment and remarkable analytical skills."
― Legal 500 [2022]"He's a strong advocate and very knowledgeable." "He's really assured and knows his stuff."
― Chambers UK Bar Guide [2022]Nominated by Legal 500 for Real Estate, Environment and Planning Junior of the Year
― Legal 500 UK Bar Awards [2018]“Highly intelligent – what really sets him apart is his ability to understand a problem from all angles”
“He is very measured, gets on very well with clients and explains things clearly”
― Legal 500 [2016]Winner - Environment/Planning Junior of the Year
― Chambers UK Bar Awards [2014]"He has a forensic mind, and is quick to get to the heart of any case."
"A strong advocate who knows environmental law inside out."
― Legal 500 [2015]Appointments
- List of Regulatory Advocates in Health and Safety and Environmental Law – List A (until appointed silk)
- Member of the Raynsford Review of Planning task force (TCPA)
- Secretary of the Planning and Environment Bar Association (“PEBA”; 2013-2018)
Publications
“Adapt or die”: how might the law respond in the face of extreme climate warnings?’ J.P.L. 2022, 4, 459-470
“A Practical Guide to the Law of Flood Protection and Flood Claims”
Lawbrief, July 2021
“What is the Purpose of Planning Policy? Reflections on the Revised National Planning Policy Framework 2018”
Journal of Environmental Law, March 2019
“Examining Local Plan reasons”
Local Government Lawyer, 23 February 2017
“Managing housing growth and the environment – a fair balance or not?”
UKELA e-law journal, Nov/Dec 2016, discussing the tensions inherent in giving housing delivery priority in the planning system. This follows on from his speech to the TCPA Annual Conference on 24th November, and the joint UKELA/PEBA seminar on 6th October 2016.
“Flooding and legal liability: Flood me, Flood me not ”
UKELA e-law journal, Nov-Dec 2014
“Water and Flooding chapter”
Garners Encyclopaedia of Environmental Law (109 edition, December 2014)
“Will the Jackson reforms improve claimants’ positions in Aarhus cases?”
March 2013
Published by Lexis PSL Environment on 22 March, 2013
“Neighbours and the Law”
Co-author 5th edition, 2009
Sweet and Maxwell
“Environmental Law”
Editor, 1st and 2nd editions 2009
Oxford University Press
“Encyclopaedia of Forms and Precedents”
Joint Editor 2007
Town and Country Planning
Memberships
- Administrative Law Bar Association
- Planning and Environment Bar Association
- South Eastern Circuit
- UK Environmental Law Association
Education
M.A., LL.M. (Trinity College, Cambridge, 1988 and 1989)
Latest news
24th May 2024
William Upton KC: Protecting Trees
The High Court has considered the relationship between the protection afforded by a tree preservation order and the grant of planning permission, in R...
30th April 2024
9 Members Recognised in Who’s Who Legal Environment
Following the release of the Who’s Who Legal UK Bar rankings this week, we are delighted to announce that 9 members of Six Pump...
12th January 2024
William Upton KC advises on Local Plan intervention by the Ministry
William Upton KC has been advising on the intervention letters sent by Ministers to local planning authorities. Recent announcements now mean that there are...
12th September 2022
The Royal Proclamation
Chambers very sadly notes the passing of Her Majesty The Queen. Our sympathies are with members of the Royal Family at this time. In...
26th November 2021
Discounts of 25% on books by Six Pump Court authors
Today (Friday), Law Brief will be running a Black Friday discount of 25% for all books available on their website.
3rd September 2021
DMMO Applications webinar
The first webinar in our Public Rights of Way series will cover DMMO Applications and be held on 6th September.
14th July 2021
Public rights of way webinar series
Six Pump Court Chambers will be presenting a series of three webinars on public rights of way.
12th July 2021
New book on flood claims
This book entitled ‘A Practical Guide to the Law of Flood Protection and Flood Claims’ by William Upton QC was published this week.
16th June 2021
Planning Law Update – 28th June
We are very pleased to be hosting a Planning Law Update webinar this month.
28th June 2019
Six Pump Court barristers recognised in the Best Lawyers in the UK 2020
Stephen Hockman QC, David Travers QC, William Upton QC and Mark Harris feature in the latest edition of The Best Lawyers in the United Kingdom.
1st February 2019
Clean air strategy 2019—raising difficult expectations?
In an article for Lexis PSL, William Upton, considers the key features and future impact of the government’s clean air strategy 2019.
10th January 2019
William Upton to be appointed Queen’s Counsel
Chambers is delighted to announce that William Upton is to be appointed Queen’s Counsel.
21st November 2018
Planning 2020 – the Raynsford Review
The final report of the Raynsford Review of Planning in England was launched on 20 November by the Town and Country Planning Association (TCPA).
6th July 2018
Nuisance from barbecues
A settlement in the nuisance claim brought by Highbury Fields residents in Highbury Magistrates’ Court over barbecuing in the Fields has been reached.
20th April 2018
Can highway land become a Village Green?
William Upton has just completed a village green public inquiry where the applicant disputed the status of the land as highway verge, and also argued that any highway use would not be incompatible with it being a village green as well.
4th December 2017
Air pollution law after Brexit
William Upton is addressing the Investigation of Air Pollution Standing Conference (IAPSC) today on the implications of Brexit on air quality legislation in the UK.
24th November 2017
Six Pump Court receives four nominations in Legal 500 UK Bar Awards 2018
Six Pump Court Chambers has received four nominations in the Legal 500 UK Bar Awards 2018 shortlist.
6th September 2017
The weaknesses in the revised air quality national plan
In an article for LexisNexis PSL, William Upton assesses the main features of the government’s revised plan to tackle nitrogen dioxide pollution.
29th June 2017
William Upton and Megan Thomas speaking at RTPI Planning Law Update Conference
William Upton and Megan Thomas are speaking at the RTPI Planning Law Update Conference in London today.
16th May 2017
Flood Defence and Pollution Control: Statutory Powers and Compensation
Six Pump Court presents the second in our series of environmental and public law seminars to be held this year: Flood Defence and Pollution...
5th April 2017
Planning enforcement and abandoned moorings
The curtain has finally come down on the long-running planning enforcement case where William Upton has been advising the Broads Authority on the unlawful...
29th March 2017
Six Pump Court barristers recognised in this year’s Best Lawyers
Best Lawyers was established in the USA in 1983 and describes itself as “the oldest and most highly-respected peer review guide to the legal...
21st March 2017
William Upton and Megan Thomas to speak at forthcoming PEBA National Conference
William Upton and Megan Thomas will be amongst the speakers at this year’s PEBA National Conference which will take place in May in London....
1st March 2017
Challenging Costs limits in Aarhus Convention claims
The CPR rules on ‘Aarhus Convention Claims’ have just changed. William Upton explains how the neat simplicity of the provisions have been replaced by...
27th February 2017
Examining Local Plan Reasons and Inspectors’ Guidelines
William Upton discusses the Planning Court’s recent judgment on the approach taken by the Inspectors’ guidelines when reporting on the soundness of development plans...
14th February 2017
Local Plan Reasons
The Planning Court has upheld the approach taken by the Inspectors’ guidelines to using short form reasoning when reporting on the soundness of development...
2nd December 2016
Housing Growth and the Environment
The tensions inherent in giving housing delivery priority in the planning system have been discussed by William Upton in the latest edition of UKELA’s...
14th November 2016
Waste, planning and Aarhus costs
William Upton and Emmaline Lambert have successfully defended a waste recycling facility permission next to a proposed new ‘garden suburb’. The Judicial Review proceedings...
15th June 2016
Private Nuisance Litigation Masterclass – Seminar
Our series of Masterclass Environmental Law Seminars continues next month with a second seminar, Private Nuisance Litigation Masterclass to be held on 11th July....
27th January 2016
Best Lawyers UK recognises leading individuals at Six Pump Court Chambers
Best Lawyers was established in the USA in 1983 and describes itself as “the oldest and most highly-respected peer review guide to the legal...
17th November 2015
Practical Planning Issues Deriving from EU Directives (EIA, SEA and Habitats): A Seminar
Six Pump Court presents the fourth in our series of environmental law seminars to be held this year: Practical Planning Issues Deriving from EU...
5th October 2015
Planning Policy Under the New Government – a briefing
At a Westminster Briefing event entitled ‘Planning Policy under the new Government’ on 29th September, William Upton outlined the planning reforms currently underway and...
7th August 2015
Enforcement against moorings
The Broads Authority’s enforcement action against the unlawful use of an old boatyard basin for private mooring has been upheld in the Planning Court,...
22nd July 2015
Final costs judgment given by UKSC in Coventry v Lawrence
The long-awaited judgment from the Supreme Court on the lawfulness of CFA and ATE funding arrangements was handed down today. Stephen Hockman QC and...
13th April 2015
Members of Planning Team ranked in Planning Law Survey
Members of Six Pump Court's Planning Team have been ranked highly in the annual Planning Law Survey for 2015. William Upton, Mark Beard and...
19th March 2015
Council without an Objectively Assessed Need wins
A development of up to 210 houses has been refused on appeal in West Berkshire, even though the Council’s plan is not based on...
3rd March 2015
Six Pump Court barristers recognised in Who’s Who Legal 2015
Six Pump Court’s environmental law barristers have been recognised in the latest Who’s Who Legal which provides an analysis of the leading barristers and...
9th February 2015
Costs and Human Rights
The third hearing in Coventry v Lawrence on the potential incompatibility of the costs regime with human rights is due to be heard on...
25th November 2014
Flooding and legal liability
William Upton has been named in the latest edition of UKELA's e-law as one of its Star Members in recognition of his outstanding contribution...
24th October 2014
William Upton and Emmaline Lambert successfully represent London Borough of Hackney in separate claims for judicial review of two planning permissions
William Upton and Emmaline Lambert have successfully represented the London Borough of Hackney in separate claims for judicial review of two planning permissions. The...
5th October 2014
West Berkshire Core Strategy & Sandleford Down found “sound”
After a protracted examination (with two suspension periods), the Inspector appointed to examine the Core Strategy for West Berkshire has found that it is...
5th October 2014
Successful appeal by Ministry of Defence against plans for wind farm
William Upton has represented the Ministry of Defence in a successful appeal against plans for two separate wind farms which, it was argued, would interfere...
5th October 2014
Checklist prepared for those considering judicial review
Following recent changes to the rules on judicial review in planning decisions, William Upton and Nicholas Ostrowski have prepared a checklist for residents/groups who are considering challenging the...
5th October 2014
Stephen Hockman QC and William Upton instructed in significant environmental noise nuisance case
Stephen Hockman QC and William Upton will be representing the claimants in a highly significant environmental (noise) nuisance case - Lawrence v Fen Tigers, to be heard...
4th October 2014
Remitted Joint Core Strategy still found to be sound
The Inspector’s Report has been published recommending the adoption of the remitted parts of the Joint Core Strategy for the Greater Norwich area. This...
3rd October 2014
William Upton wins Environment and Planning Junior of the Year at the Chambers UK Bar Awards 2014
Six Pump Court congratulates William Upton who has been awarded Environment/Planning Junior of the Year in the Chambers UK Bar Awards 2014. A full...
29th September 2014
Mock Public Inquiry Training Event – 14th March
On 14th March 2014, Six Pump Court will be hosting a Mock Public Inquiry in association with The Bartlett Faculty of the Built Environment,...
29th September 2014
Supreme Court reviews nuisance law – Coventry v Lawrence [2014] UKSC 13
The Supreme Court has today unanimously allowed the appeal of Kate Lawrence and Ray Shields. The appeal raised a number of important points in...
28th August 2014
Six Pump Court shortlisted for four awards in the Chambers UK Bar Awards
Six Pump Court is delighted to have been nominated for awards in four separate categories by the Chambers UK Bar Awards this year including Set...
15th August 2014
Costs uplifts and landlords’ liability in nuisance: Coventry v Lawrence (No.2)
The Supreme Court has ruled on the consequential issues arising from its earlier judgment. Stephen Hockman QC and William Upton continue to represent the appellants in this landmark...
21st July 2014
Nuisance – from Farnworth to Lawrence
Following on from the recent Supreme Court case on nuisance - Coventry v Lawrence, William Upton will be speaking about the case at a...
21st July 2014
Environmental Justice – Coventry v Lawrence and the law of nuisance
In an article for the 'Environmental Law Monthly', Nicholas Baldock summarises and comments on the implications of the recent Supreme Court judgment in Coventry v Lawrence and...
21st July 2014
William Upton – Lawyer of the Week in The Times
William Upton has been given the prestigious accolade “Lawyer of the Week” by The Times newspaper, regarding his involvement in the Coventry v Lawrence case...
21st July 2014
Members of Six Pump Court ranked in Planning newspaper’s 2013-2014 Planning Law Survey
Members of the Six Pump Court have been ranked highly in Planning newspaper’s annual Planning Law Survey for 2013-2014. Members featured in all three...
Events
5th June 2024
Environmental Permitting Masterclass
Following the success of our Statutory Nuisance Masterclass, our Environmental Law team is pleased to present a new webinar with a focus on Environmental...
23rd February 2023
The Office for Environmental Protection Event
The Office for Environmental Protection (OEP) was created under the UK Environment Act 2021. The OEP is a new public body that aims to protect and improve the environment by holding government and other public authorities to account. This event will feature a talk by Christopher Badger followed by a Panel discussion and Q&A with William Upton KC and Brendon Moorhouse.
30th June 2022
Planning Law Update
We are delighted to offer another in our series of Planning Law updates.
28th June 2021
Planning Law Update Webinar
We are very pleased to be hosting a Planning Law Update webinar this month.
Blog
30th July 2024
Environmental Law News Update
In this latest Environmental Law News Update, William Upton KC and Noémi Byrd consider recent guidance on adapting historic buildings as well as a...
11th April 2024
Human Rights and Climate Change under the ECHR
Human Rights and Climate Change under the ECHR. By William Upton KC and Jemima Lovatt On the 9th April 2024, the European Court of...
22nd March 2024
Environmental Law News Update
BNG and planning – do they really know what they are doing? The willing introduction of bureaucratic complexity is unusual in the current age. ...
31st May 2023
Environmental Law News Update
Jemima Lovatt considers the latest rejection of a non-regression clause by the Commons, an investigation launched by the OEP into ammonia advice in Northern Ireland and a new biodiversity duty for public authorities in England.
13th December 2022
Environmental Law News Update
In this latest Environmental Law News Update, William Upton KC, Christopher Badger and Amy Taylor consider coal mines and climate change, reinvestment of water company fines into environmental improvements and the government’s new measures to tackle rising energy bills.
28th November 2022
Environmental Law News Update
In this latest Environmental Law News Update, William Upton KC, Christopher Badger and Doug Scott consider the Autumn Statement, the Environment Agency and Ofwat’s investigations into water companies and new DEFRA guidance on conservation covenants.
27th October 2022
Environmental Law News Update
In this latest Environmental Law News Update, William Upton KC, Mark Davies and Doug Scott consider the duties required of the Environment Agency under the Habitats Regulations, the results of a crackdown on waste crime in Lincolnshire and evidence that tuna stocks are recovering in marine protected areas.
11th October 2022
Environmental Law News Update
In this latest Environmental Law News Update, William Upton KC, Noémi Byrd, Natasha Hausdorff and James Harrison consider how the Government’s Net Zero Review, its revised Net Zero Strategy and response to the CCC Progress Report will interact, increases in civil penalties faced by polluting water companies, and the tough line being taken by the Environment Agency against illegal fishing.
10th October 2022
Climate litigation and the rationality quagmire
The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded.
3rd October 2022
Net Zero – all gain and no pain?
How the Government’s Net Zero Review, its response to the CCC Progress Report, and its revised Net Zero Strategy required by the High Court, will interact remains to be seen.
16th February 2022
Environmental Law News Update: Feb 16, 2022
In this latest Environmental Law News Update, William Upton QC, Charles Morgan and Christopher Badger consider the UK's national reporting requirements for disclosure of climate change risks, a European study of the impact of Brexit on fisheries and aquaculture and an interesting decision on water rights in Mauritius.
19th January 2022
Environmental Law News Update: Jan 19, 2022
In this latest Environmental Law News Update, William Upton QC, Christopher Badger and Natasha Hausdorff consider a new government report on the climate risks facing the UK, the state of England's rivers and the extension of climate-related disclosure requirements by the FCA.
16th July 2021
Environmental Law News Update
In this latest Environmental Law News Update, William Upton QC and Charles Morgan consider consider a case concerning the consensual disposal of judicial review proceedings, developments near COMAH sites, the Southern Water saga and announce a new book on flood claims.
6th July 2021
Environmental Law News Update
In this latest Environmental Law News Update, William Upton QC and Noémi Byrd consider the countdown to Net Zero, the role of climate change in planning reforms and why complaints to the Office of Environmental Protection already matter.
15th June 2021
Environmental Law News Update
In this latest Environmental Law News Update, William Upton QC, Charles Morgan and Natasha Hausdorff consider lawful development certificates, the Environment Agency's National Waste Crime Agency and the dangers of sewage sludge.
24th July 2020
Environmental Law News Update
In this latest Environmental Law News Update, William Upton QC and Mark Davies consider a challenge from Plan B over the ‘unlawful allocation’ of Government and Bank of England funds, a commitment by Apple to achieve carbon neutrality by 2030 and liability for environmental damage from land drainage.
24th June 2020
Environmental Law News Update
In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider the effectiveness of the Bathing Water Directive, the UK Citizens Climate Assembly's efforts to explore how the UK can achieve net-zero greenhouse gas emissions by 2050 and further caselaw on Aarhus costs capping orders in judicial review.
17th September 2019
Environmental Law News Update
In this latest Environmental Law News Update William Upton QC, Christopher Badger and William McBarnet consider the implications of air quality factors in planning decisions, a recommendation for flexibility in local authority waste strategies and criticism from the Natural Capital Committee of DEFRA’s environmental “progress”.
9th July 2019
Environmental Law News Update
In this latest Environmental Law News Update, William Upton QC, Nicholas Ostrowski and Mark Davies consider Peter Kellett's UKELA presentation on how to achieve environmental compliance, the publication of the Environment Agency’s quarterly scorecard and the UK Government's new Green Finance Strategy.
8th May 2019
Environmental Law News Update
In this latest Environmental Law News Update, William Upton QC, Charles Morgan and Mark Davies consider the recent confusion over licensing exemptions for wild birds, Labour's proposals for the water industry and the decline in nature and acceleration of species extinction highlighted in a report from the IPBES.
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