James Kon

James advises on all stages of redevelopment projects, including advice on how to ensure schemes meet local authority requirements, appeals to the Planning Inspectorate, and challenges against decisions including judicial reviews. His particular focus is on planning strategy, and he has extensive experience of litigation.

He joined Asserson in February 2013, following a training contract in the City with Mayer Brown International and a further year’s experience with KPMG.

James hold Higher Rights of Audience and is in the process of joining the RTPI as a Legal Associate.

James studied at the London School of Economics, and lives in London with his family.

Recent work

• Advised Albany Homes successfully on a s106 application and appeal to remove the affordable housing requirement attached to a 100-unit scheme in Greenwich. This was the first ever such decision issued in England under the new legislation, and a subsequent challenge by the Council was successfully dismissed.
• Advised Galliard Homes on their application to demolish a stadium complex and erect 220 residential units on the site
• Project managed an application for 40 units and a re-provided community facility on a site in Hackney including preparing a full suite of expert reports from scratch and submitting the successful application 6 weeks after first instruction
• Successfully challenged Wiltshire Council’s decision under s70C TCPA to decline to determine an application based on existing enforcement action
• Successfully challenged PINS’ dismissal of appeals regarding an application for prior approval to convert office space to residential under permitted development in Stratford, and change of use of a former police station in Westminster.
• Advised on an objection to the proposed London CPO at Brent Cross on highways and land use grounds
• Advised on the permitted development rights of a 150-unit scheme in Bristol, marketed to students and young professionals. The advice included the status of partially implemented permitted development rights, whether the size of a unit can preclude it as being classified as a dwellinghouse, and whether the type of occupier affects the use class of a unit.
• Advised on the correct planning classification of student accommodation in Kensington, resulting in lawful development certificates being issued for each individual unit within the building.
• Project managed an application for a small residential scheme within Hampstead Garden Suburb, which raises detailed design, landscaping and heritage issues.