Chatura Saravanan

Planning and Environment

Planning Enforcement 

Chatura has acted for both local authorities and private clients in planning enforcement cases. Recent instructions include:

• Representing an LPA in an enforcement appeal involving material change of use and short-term lets
• Prosecuting on behalf of an LPA on a breach of enforcement notice in the Magistrates Court, involving issues such as validity of the notice and the costs regime in Criminal Courts
• Defending against an LPA prosecution on breach of an enforcement notice, involving issues such as legal ownership under TCPA 1990
• Representing an LPA in the Crown Court for initial hearing on a listed building prosecution
• Representing an LPA in an appeal against refusal of a Lawful Development Certificate

Chatura also has experience of advising on numerous enforcement related issues including:

• The scope of s.285 of the TCPA 1990
• What amounts to nullity in an enforcement notice
• The ability of an enforcement notice to address operational development, where the planning breach identified is a material change of use
• Statutory defences available against a planning prosecution

• Enforcement options available for an LPA seeking to remedy a breach of condition
• Overlap between the site licensing regime and permitted development rights and how they relate to planning permissions for caravan parks

Chatura has also assisted with written advice on enforcement options relating to minerals works.

Planning inquiries

Chatura has a wealth of experience working with developers on planning inquiries led by senior barristers. Recent inquiries she has acted on include:

• Brooke Road, Oakham (APP/A2470/W/25/3375952): Successfully represented the Appellant, led by Peter Goatley KC, on an up to 140 dwelling development in Oakham. The Appellant won on highways evidence and full costs were also awarded to the Appellant upon a successful application.
• Longwood Lane, Walsall (APP/V4630/W/25/3369937): Successfully represented the Appellant, led by Satnam Choongh, on an up to 115 dwelling development in Walsall. Issues in the appeal included ecology, highways and Grey Belt. The Inspector granted planning permission, concluding that the Site was Grey Belt land.
• Tidcombe Hall, Tiverton (APP/Y1138/W/24/3358001): Successfully represented the Appellant, led by Satnam Choongh, on an up to 100 dwelling development in Mid-Devon. Issues in the appeal included interpretation of planning policies relating to settlement boundaries, heritage issues, and landscape impacts.

Chatura also has experience of working on a renewable/low-carbon energy scheme. She recently acted as a junior to Paul Cairnes KC on a scheme for EV charging units. Issues in the inquiry included the definition of renewable and low-carbon energy development, fire risks from BESS units, heritage, and landscape. Chatura also shadowed Thea Osmund-Smith during her first six pupillage on a week-long inquiry on a solar farm development.

General planning 

Chatura has assisted with written advice on a range of planning law issues. Some examples of her recent work include drafting advice on:

• A complex multi-phased development where advice was sought on the risk of Hillside issues arising
• Prospects of statutory review following on from an Inspector’s decision letter dismissing the s.78 appeal
• The legal principles to apply in the interpretation of planning conditions
• The scope of Grampian conditions
• The relevance of pre-application advice in the determination of an application for planning permission and listed building consent

During the first six of her pupillage, Chatura completed several written exercises including:

• Drafted advice on the prospects of securing an injunction as a form of planning enforcement action
• Drafted advice on the interpretation of specific terms in the GPDO legislation