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Barrister - Christian Hawley

Senior Practice Manager
Andrew Bisbey

Practice Group Clerks
Craig Wain
Mitchell Nash
David Lewis

Chief Executive & Director of Clerking
Tony McDaid

Birmingham
Tel: +44 (0) 121 606 6195
Fax: +44 (0) 121 210 7311

London
Tel: +44 (0) 207 420 7568

[email protected]

Christian Hawley - Planning & Environment

Christian joined Chambers in 2015, he is also a Chartered Surveyor (Planning & Development) and prior to his change of career to the Bar was a Property Director at Lidl UK. His 13 years of industry experience has provided Christian with rich knowledge of property development and planning allied with a keen sense of commercial realism.

EXPERIENCE                                                                                       

Christian regularly acts for developers, local authorities and interested parties across a wide range of planning matters both at Inquiry and in the higher courts. He regularly appears at Planning Inquiries and Hearings balancing this alongside a busy advisory practice. Recent work includes:

  • Housing
  • Retail (Sequential Test, Retail Impact)
  • Enforcement
  • Highways
  • Drainage
  • Green Belt matters (including Very Special Circumstances and Exceptional Circumstances)
  • Heritage Assets and Listed Buildings
  • Compulsory Purchase Orders
  • Community Infrastructure Levy (CIL) Regulations
  • Education contributions
  • Care Homes (Use Class)
  • Gypsy / Traveller applications and policy
  • Permitted Development Rights
  • Certificates of Lawfulness
  • Assets of Community Value
  • Town and Village Greens
  • Strategic site promotion
  • Interpretation of planning permissions and planning conditions
  • s106 Agreements (and enforcement of them)
  • Planning Injunctions
  • s288 Challenges
  • Judicial Review
  • Environmental Impact Assessments
  • European Union Habitats / Birds Directive

Housing

Recent Inquiry work includes:

Land at Harker, Carlisle – 300 dwellings (Inquiry), acted for Cumbria County Council (Rule 6 Party) in relation to primary and secondary education contributions

Land north of Ashby Road, Tamworth – up to 1000 dwellings (Inquiry), acted (as junior to Jeremy Cahill QC) for Barwood Strategic Land (sustainable development, affordable housing, highways mitigation, education and other infrastructure contributions, CIL)

Former Rauceby Hospital, Greylees, Sleaford – up to 106 dwellings (Inquiry), acted (as junior to Jeremy Cahill QC) for Barratt Homes (Heritage, NPPF Paragraphs 133 and 134, Conservation Area, Registered Park and Garden, Non-Designated Heritage Assets)

Land off Stonepath Drive, Hatfield Peverel - up to 80 dwellings (Hearing), acted for Gladman Developments (Design, Landscape, Neighbourhood Plan, Heritage assets, Bio-diversity, local infrastructure) and subsequently acted (as junior to Richard Kimblin QC) in the successful challenge to the Inspector’s refusal of the scheme

Sandiway Nurseries, Redmarley Road, Newent – stationing of 23 caravans for occupation by agricultural workers (Inquiry), acted for Forest of Dean Council (Need, Agricultural Worker Occupancy, Permitted Development)

Land at Leeds Road, Collingham (150 dwellings) & Breary Lane East, Bramhope (380 dwellings) – acted (as junior to Jeremy Cahill QC) for Miller Homes (five-year housing land supply, landscape impact, highways, flood risk, ecology, drainage)

Land at Burford Road, Witney – up to 270 dwellings (Inquiry) acted (as junior to Peter Goatley) for Gladman Developments (highways impact, HSE safety exclusion zone, ecology, impact on heritage assets, character and appearance, impact on Air Quality Management Area)

Retail

Land at Earl Road and Epsom Avenue, Handforth Dean, Cheshire – acting for St Modwen Developments as a Rule 6 Party to the co-joined called in Inquiries into applications for up to 23,000m2 Open A1 retail floorspace with 2,274m2 A3/A5 floorspace and for five units of up to 5,130m2 for A1, A3 and A5 use (Retail Impact Assessment, Transport / Highways, Trade Diversion, Impact on Investment)

Land adj to Sainsbury’s Supermarket, Old Smithfield, Bridgnorth – acted for Shropshire Council in the called-in Inquiry into an application for 5 No Retail Units of up to 2,573m2 (Retail Impact Assessment, loss of car parking, Trade Diversion, Leakage and Clawback, Heritage Assets / Conservation Areas)

Land at Bank Street, Williton, Somerset – A1 Foodstore up to 2,300m2, 950m2 other A1 and 390m2 A1/2/3/D1, acted for West Somerset Council (Inquiry) (Retail Impact Assessment, Leakage and Clawback, Accessibility, Vitality and Viability)

Enforcement

Mill Manager’s House, Cromford – acted for Derbyshire Dales District Council in an Enforcement Appeal (Inquiry) in relation to unauthorised works to a Grade II Listed Building which was within both the Cromford Conservation Area and the Derwent Valley Mills World Heritage Site

Eastwood Lodge Farm, Lydney – acted for the Forest of Dean Council (Inquiry) in relation to an unauthorised change of use from agricultural to a mixed agricultural and residential use of an agricultural building

Briar Close Nursery, nr Moreton-in-Marsh – acted for West Oxfordshire Council (Inquiry) in relation to an unauthorised gypsy pitch

Other

Somerford, Congleton – acted for Cheshire East Council Highways (Inquiry) as objector to a Village Green Application

PREVIOUS EXPERIENCE                                                                 

2002-2015 LIDL UK GmbH

As a Property Director Christian was responsible for the Runcorn Property Department (comprising the Acquisition, Construction and Facilities Management departments) covering the North West and North Wales reporting directly to the Regional Director and the Board of Directors. Christian was entirely responsible for the property strategy for the region including:

Acquisition of new sites including negotiation of price, purchase conditions and legal process

Negotiation with relevant Local Authority departments in the preparation, submission and prosecution of planning applications including negotiations in relation to obtaining planning consent, planning conditions, s106 agreements and s278 agreements

Negotiation, approval and management of all legal agreements for the region including providing advice to the Board prior to execution (including purchase and sale agreements, leases, s106/278 agreements and development agreements)

Construction of new stores including tender, demolition, new build and highways works

1999-2002 PricewaterhouseCoopers Management Consulting Services – Graduate Programme

QUALIFICATIONS AND AWARDS                                                  

2011-2013     BPTC, BPP Leeds – Very Competent
2009–2011     GDL, College of Law Chester – Commendation
2009–2011     Postgraduate Diploma in Surveying, University of Reading – Distinction
1996-1999     BA (Hons) History & Politics, University of York – 2.1

BPP / Broadway House Chambers Public Law Prize 2013
College of Law / Freeth Cartwright Environmental Law Prize 2011

MEMBERSHIPS                                                                                   

Member of the Royal Institute of Chartered Surveyors
Member of the Honourable Society of the Inner Temple