Michelle Spark

Michelle is a Partner in the Planning and Environmental team and specialises in all aspects of planning, highways and compulsory purchase law and has held senior positions in both the private and public sectors.

Michelle has worked on all types of development including large complex mixed-use schemes, housing developments, retail, renewable energy, minerals and waste (including nuclear waste) and large infrastructure projects. Michelle has advised on major developments involving the use of compulsory purchase powers, Development Consent Orders/ Nationally Significant Infrastructure Projects for local authorities, objectors and statutory undertakers and advised Network Rail on the Transport and Works Act Order process. She also advises on public rights of way and flooding and drainage.

How Michelle can help you

Michelle provides strategic and pragmatic advice to get major projects delivered whether this be from the developer or local authority perspective. Michelle is highly experienced in providing advocacy services for DCO examinations, negotiating issues for her clients and providing practical solutions to issues arising throughout the examination/ projects.

Michelle can advise on major developments and has a particular expertise in large renewable energy and infrastructure projects – particularly mixed used schemes and more recently has specialised in nationally significant infrastructure projects under the Planning Act 2008.

Experience

Michelle has experience acting for host authorities and objectors in all aspects of the projects including drafting and negotiating PPAs, the form and content of the Development Consent Orders, ecological and commercial mitigation, delivery of funding to support the delivery of BNG, advocacy support, legal reviews of all documents submitted to the Examination, draining and interference with ordinary watercourses, public rights of way advice, de-trunking and compulsory purchase advice. Michelle has recently acted on the following projects:

• • M42 Junction 6 Improvement DCO – advised an affected landowner on the impact to his business on the proposed DCO to improve junction 6 of the M42 to allow better movement of traffic on and off the A45, supporting access to Birmingham Airport and preparing capacity for the new HS2 station. Michelle advised and negotiated the Statement of Common Ground with Highways England (now National Highways), provided advice on the CEMP and draft DCO, negotiated a settlement agreement and provided advice to the client on the compulsory purchase of his land and whether this was necessary. Michelle attended meetings with Highways England and negotiated temporary land take and assisted with advice on revised designs to avoid the need for a permanent CPO of the client’s land.
  • M54 to M6 Link Road DCO and A38 Derby Junctions DCO – advised Severn Trent Water Limited in their capacity as affected landowner and statutory undertaker for both CDOs. Michelle negotiated the statement of common ground with Highways England (now National Highways) for both schemes, provided advice and negotiated protected provisions agreement, advised on the draft DCO and liaised with the legal advisors for both projects and responded to queries by the Examining Authoirty.
  • A417 Missing Link DCO – Michelle acted for the host authorities on this £500m scheme to deliver safety improvements in sympathy to the special character of the Cotswolds Area of Oustanding Natural Beauty improving connections between two dual carriageway sections of the A417 at Brockworth and Cowley;
  • A66 Northern TransPennine Project DCO – Michelle acts for Westmorland and Furness Council (previously Cumbria County Council and Eden District Council) on £1.5bn project to upgrade single carriagways of the 50 mile A66 to dual carriageways from Penrith to Scotch Corner. Michelle has provided advice throughout the project from PPA stage, throuhgout the Examination and is now supporting the Council post decision.
  • HyNet Carbon Dioxide Pipeline DCO – Michelle is acting for Cheshire West and Chester Council and collaborated with Flintshire Council throughout the Examination for the delivery of the first cross border new build carbon dioxide pipeline to transport CO2 produced and captured by future hydrogen producing facilities and existing industrial premises in the North West and North Wales for offshore storage. The pipeline once complete will run from the Ince AGI in Cheshire to Talacre Beach in North Wales.

Major mixed used developments/ appeals:

• acted for a number of developer and local planning authorities in mixed use schemes across the country. Michelle acted for Brigton Marina Outer Harbour in an appeal for non-determination of its hybrid application for the second and third phases of the Brighton Marina Outer Harbour development (mixed use and commercial including affordable housing). Michelle provided advice on the appeal and supported Legal Counsel at a 2 week public inquiry and was heavily involved in the negotiation of a complex s106 Agreement including complex viability obligations.

Compulsory purchase and appropriation – advised on the following projects:

• • Harlow and Gilsten Garden Town advising 5 Garden Town partner local authorities in relation to the delivery of this new garden town which is to comprise 23,000 dwellings and major infrastructure. Michelle provided advice on promoting CPO’s and associated orders to deliver two river crossings and sustainable transport corridors throughout the garden town, funded in part by £172 million HIG funding from Homes England;
  • Brent Cross CPO1, 2 and 3 – acted for Network Rail Infrastructure Limited on the CPOs promoted by London Borough of Brent Council to deliver a modernised and extended shopping centre, improvements to critical road infrastructure, a new high street, 6,700 new homes, commercial development, a new Brent Cross Thameslink Station and associated infrastructure works. Michelle provided strategic advice to NRIL throughout the CPOs and drafted and negotiated Deed of Undertakings to ensure that there was no impact on NRIL’s operational works.
  • Royal Borough of Greenwich – acted for the Council on 3 regeneration projects involving CPO powers including Woolwich Exchange, Woolwich Town Centre and Woolwich Leisure Centre. Michelle provided strategic advice on all 3 schemes including drafting and negotiating development agreements and indemnity deeds (and variations to existing documentation), advised on CPO, highways, stopping up, appropriation and section 203 and land assembly advice.