Inquiry - Land off Barff Lane, Brayton, Selby (2024)
Secured outline planning permission for up to 95 dwellings. Issues: (1) Impact upon Ancient Woodland / SINC, (2) Spatial Hierarchy / Strategy, (3) Landscape / Character, (4) Housing Land Supply.
Christian Hawley speclaises in Planning and Environmental law.
Christian joined Chambers in 2015, and is also a Chartered Surveyor (Planning and Development). Prior to his change of career to the Bar, he was a Property Director at Lidl UK. His years of industry experience has provided Christian with a rich knowledge of property development and planning allied with a keen sense of commercial realism.
Christian regularly acts for developers, promoters, local authorities and interested parties across a wide range of planning and environmental matters both at Inquiry and in the higher courts. He also enjoys a busy advisory practice.
Christian advises landowners and local authorities in relation to all aspects of the CPO process including:
Christian regularly advises landowners / developers, local planning authorities and third parties in relation to potential challenges to planning decisions (and how to avoid them). Early engagement often allows for steps to be taken to secure the desired outcome without recourse to the courts.
Where an ‘early’ result is not achieved Christian has experience across the full range of planning matters which come before the courts.
Christian has appeared at numerous Local Plan EiPs representing the interests of landowners, developers and promoters at all stages of the plan-making process including consultation / evidence base submissions, call for sites, Examination submissions / advocacy, potential challenges. Christian has also advised extensively in relation to the preparation and adoption of SPDs (both for developers / landowners / promoters and local planning authorities).
Christian has extensive experience advising in relation to all aspects of planning appeals including appearing for appellants, local planning authorities and third parties at Hearings and Public Inquiries.
To maximise the prospects of a successful outcome it is critical to ensure early engagement in the process, Christian regularly advises in relation to matters yet to be appealed right through to the final disposal of a case and every point between.
Christian acts in relation to all planning matters including residential development (see Residential section for more details), enforcement (see Enforcement), certificates of lawfulness, employment / logistics, infrastructure (including Motorway Service Areas) and Gypsy and Traveller appeals.
Christian has extensive experience in dealing with planning enforcement matters having acted for landowners and local planning authorities from the identification of planning issues through to enforcement appeals. Christian is also well-versed in dealing with related matters including requests for information, applications for certificates of lawfulness and addressing s215 ‘clean up’ notices. Christian is able to advise at all stages and regularly appears in enforcement appeals and subsequent challenges.
Examples include:
Christian has extensive experience in dealing with planning injunctions acting for both landowners and local planning authorities including Gypsy & Traveller and Travelling Showpeople injunctions and injunctions requiring compliance with development control / enforcement action.
Christian regularly advises and acts for residential developers (both led and un-led) on a wide range of sites ranging from proposals for small developments through to schemes of 900 and 1,000 dwellings.
Christian also advises regularly on ‘post-permission’ issues such as the interpretation and discharge of planning conditions, the interpretation and effect of s106 agreements, revisions to existing consents, drainage and highways matters.
Secured outline planning permission for up to 95 dwellings. Issues: (1) Impact upon Ancient Woodland / SINC, (2) Spatial Hierarchy / Strategy, (3) Landscape / Character, (4) Housing Land Supply.
Secured outline planning permission for up to 56 dwellings (inc 40% affordable). Issues: (1) Location / Spatial Strategy, (2) impact upon landscape and character.
The proper interpretation of the relevant policies of an adopted development plan in relation to the grant of planning permission for a town centre redevelopment project.
Secured full planning permission for the erection of 18 dwellings, Issues: (1) Green Belt, (2) Location / Spatial Strategy / Sustainability, (3) Protected Species.
Secured outline planning permission for up to 90 dwellings (inc 40% affordable). Issues: (1) Location / Spatial Strategy, (2) Landscape / settlement character and appearance, (3) sustainability.
Secured outline planning permission for up 50 dwellings (inc affordable housing). Issues: (1) Location / Spatial Strategy / Scale, (2) heritage impacts,, (3) impact upon landscape and character, (4) arboriculture (inc veteran trees).
Secured outline planning permission for up to 40 dwellings. Issues: (1) Location / Spatial Strategy / Scale, (2) impact upon character and appearance.
Led by Christopher Young KC – planning permission for up to 181 dwellings, integrated Care Village (C2), and ancillary community facilities. Issues: (1) Housing Land Supply, (2) Location / Spatial Strategy, (3) effects upon landscape / character.
A successful challenge to the LPA’s failure to: (1) discharge its duty under s149(1) Equalities Act 2010 when determining a planning application which would involve the loss of a public house, (2) properly interpret its own development plan policies for consideration of the loss of community facilities.
Secured planning permission for up to 63 dwellings. Issues: (1) scale of development, (2) outside settlement boundary (greenfield), (3) effects upon landscape and appearance.
Led by Peter Goatley KC – secured permission for up to 400 dwellings. Issues: location (outside of established built up areas / not allocated), effects upon landscape character (in particular South Devon AONB).
The cope of Environment Agency Permits issued under the Environmental Permitting (England and Wales) Regulations 2016 and whether the LPA had properly considered the direct and indirect environmental impacts of the proposed poultry unit in terms of manure spreading as required by the Environmental Impact Assessment Regulations 2011.
Secured planning permission for up to 80 dwellings, Issues: effect of proposed development on the character and appearance of the area and on the setting and identity of Clifton.
Led by Christopher Young KC – secured permission for Bloor Homes for up to 800 dwellings, a primary school and associated development. Issues: 5YHLS, ‘deliverability’, meaning of ‘windfall’ sites.
Led by Jeremy Cahill KC – secured permission following a two-week public inquiry for Barratt Homes for up to 121 dwellings and a retail unit. The Main Issues were: (1) Prematurity (the Council contending that the proposal was premature in the context of the emerging West of England Joint Spatial Strategy), (2) Highways and connectivity, (3) Railway safety. The Council’s subsequent challenge to that permission was refused permission.
Advised and acted successfully for Carlisle County Council as Education Authority in seeking appropriate financial contributions to be made toward the provision of primary and secondary education arising from a proposal for 300 new dwellings.
Led by Jeremy Cahill KC – secured permission for up to 1,000 dwellings. The application was called in for determination by the SoS. The Main Issues were: (1) Highways mitigation, (2) Education contributions, (3) Affordable Housing provision and (4) whether or not the proposal was required to make financial contributions towards leisure provision in the adjoining local authority area given its proximity to it.
Christian has considerable experience in advising on the full range of matters falling under the broad umbrella of ‘environmental issues’ including EIA development, Habitats Regulations (with a particular understanding of the AA process and nutrient issues), Ancient Woodland, Flood Risk, along with the interaction between the planning system and the wider environmental permitting regime. From reviewing EIA documents prior to submission (and onwards into the planning process) through the acting in the courts in relation to legal challenges (both for claimants and defendants) Christian is able to assist in all environmental matters.
Christian regularly advises (often in conjunction with a wider range of matters dependent upon the particular case) in relation to Bio-diversity Net Gain and, in particular, cost-effective routes to demonstrating acceptable outcomes.
Christian has significant experience in advising landowners / developers, local planning authorities and third parties in relation to protected habitats and species with a particular specialism in nutrient issues.
Christian regularly deals with such matters either on a standalone basis or as a discrete element of a wider proposal / case.
We are delighted to announce that following the successful completion of their pupillage, Anna Stein, Samuel Leach, Matthew Wyatt, Mirren Gidda and Tutku Bektas have…
Following the release of the Legal 500 and Chambers and Partners UK rankings, we are pleased to announce that No5 has once again obtained its…
We are delighted to announce that following the successful completion of their pupillage, Anna Stein, Samuel Leach, Matthew Wyatt, Mirren Gidda and Tutku Bektas have…
Following the release of the Legal 500 and Chambers and Partners UK rankings, we are pleased to announce that No5 has once again obtained its…
