Gary A Grant

Practice Areas

Gary Grant of Kings Chambers is a specialist practitioner in Planning and Environmental Law. He has been consistently ranked within the legal directories for Planning Law. He is very experienced and his practice is split between court work, inquiries and work involving the support of plan making authorities, including at pre-submission stage.

Gary also has an extensive advisory practice within his fields of expertise including recent experience of complex points arising in the plan making context and pre-application advice on tall-building proposals.

Gary is an experienced trainer and has presented papers to specialist training events held by RTPI and many other organisations. He is a qualified Civil and Commercial Mediator.

Gary has a wide level of experience of central government work from working on the AG’s Regional Panel and has experience of highways, compulsory purchase, land, environmental, enforcement, contractual and regulatory matters associated with planning and environmental law.

Expertise

Court

• Presently instructed on a controversial felling of protected trees in Wellingborough raising issues in respect of the relationship between tree protection, exemptions and the planning development management and regulatory frameworks. The challenge is proceeding to hearing by way of judicial review in the Planning Court in the spring of 2024 and Gary is instructed for the Defendant authority.

• Appeared at appeal and defended for the LPA in the Planning Court and Court of Appeal the approach of an authority refusing a certificate of lawfulness in respect of an application for non-seasonal permanent residential use of a caravan park. Royale Parks Ltd v SSHCLG, Bournemouth Christchurch and Poole Council [2021] EWCA Civ 1101, [2020] EWHC 3105 (Admin).

• (Led by Paul Tucker KC) was instructed on behalf of the Claimant in a judicial review proceedings in respect of a joint approach within a group of planning authorities to calculating five year land supply which were eventually compromised [2021].

• Injunction proceedings for interim planning injunction in the QBD for Claimant (Central Beds v McCarthy [2021] 6 WLUK 177) and Defendants (Baslidon DC v Anderson and others) [2020] EWHC 3382 QB.

• the LPA in a novel listed building case before Singh J - in Dill v SSCLG [2017] EWHC 2378(Admin).

• Appeared for developer in support of Secretary of State resisting attempt of LPA to overturn a decision to allow 9 eco homes in countryside in Nottinghamshire [2018] 7 WLUK 462.

• IM Properties v Lichfield DC [2014] EWHC 2440 (Admin) – ouster, release of Green Belt, bias - for the Defendant

• R (on the application of Gazelle Properties v BANES [2010] EWHC 3127 (Admin) – expediency.

• R (on the application of Enstone Uplands and District Conservation Trust) v W Oxfordshire DC [2008] 3275 (Admin, [2009] EWCA Civ 1555 – noise assessment, conditions, decision of members.

Expertise

Planning

Housing and Mixed Use appeals

• 2024 appeal inquiry for LPA raises issue of scale of extension to village, landscape, policy, and land supply (Oxfordshire) commencing March 24 (120 homes)

• 2024 appeal inquiry for LPA raising issues of policy interpretation, compliance with the spatial strategy and consistency (Preston CC area). (51 homes).

• 2023 appeal inquiry for LPA over 2 weeks, raising issues of land supply, heritage, extension masterplanning of a new settlement and spatial approach (Oxfordshire) (240 homes)

• 2023 appeal inquiry for A (led by Christopher Katkowski KC) appeal inquiry in respect of tall building proposal in central Watford for a mixed use scheme. (247 buy to rent units)

• 2023 appeal inquiry for LPA raising issues concerned with loss of Country Park outside Wiltshire town (61 units)

• 2022 appeal inquiry for LPA raising issues of integrated masterplanning and highways in Wiltshire ((91 homes)

• 2022 appeal inquiry for A (led by Christopher Katkowski KC) appeal inquiry in respect of tall building in central Manchester made by Fusion Manchester Devco Ltd raising issues of design, heritage, need, amenities, and wind microclimate. Scheme for PBSA (534 students).

• 2022 appeal inquiry for LPA – viability in sheltered scheme [2022] 6 WLUK 632, [2022] P.A.D 39

• 2019 appeal inquiry for A – viability in sheltered scheme [2019] 4 WLUK 590, [2019] PAD 24

Development Plan Examination

• 2023 Legal support for examination of the Blackburn with Darwin Local Plan

• 2022 Appeared for Homes England and Miller Homes in support of a strategic urban extension allocation promoted within the examination of the Warrington Local Plan (4200 homes).

• 2022 Legal support for the key strategic sites in the Bassetlaw Local Plan

• 2021 Legal support for examination of the Blackpool Local Plan Part 2.

• 2019: Legal support for examination of the Wiltshire Site Allocations Plan heard in the Spring of 2019.

• 2018: Legal support for examination of the Wyre Local Plan heard over 3 weeks in the summer of 2018.

• 2017: Legal support for EiP of Hartlepool Local Plan which was examined in public over 3 weeks in September-October 2017.

• 2016: Legal Support for EIP of the Main Modifications to the Stratford Local Plan (Core Strategy) which proceeded to adoption in July 2016.

• 2016: Legal support for CIL Schedule examination for Stratford.

• 2015: Represented successful objector to CIL Schedule at CIL Examination in Bournemouth.

• 2015: Legal support with David Manley KC in respect of the Stratford Local Plan EiP.

Environment/Minerals and Waste

• 2023 appeal in respect of change of use of recovery depot Macclesfield (for A)

• 2022 enforcement appeal /s78 appeal in respect of recycling facility Hertfordshire (for A)

• 2015 Enforcement appeal in respect of waste recycling facility in the Hampshire Countryside (for MWPA)

Retail:

• 2023 appeal inquiry for A (led by Christopher Katkowski KC) for Aldi at Caterham

• 2018: Led by Paul Tucker KC for A: Call in Inquiry into retail proposals by Orbit Investments at Handforth Dean consolidated with proposals by CPG – 4-week inquiry

• 2017: Public Inquiry: Led by Paul Tucker KC in relation to proposals for a foodstore in Somerset (for A)

• 2016: Bicester Gateway, Public inquiry into retail proposals for 2 major retailers at Bicester (for LPA)

Advisory

• Recent advisory work includes scope of non-material amendments, Clean Air legislation, environmental impact, part 1 and part 2 plans, strategic joint planning, Green belt release, very special circumstances, conditional control of aircraft noise, various tall building proposals, legality of conversion of agricultural buildings, scope of planning obligations, logistics proposals, retail proposals, PBSA proposals and shared living proposals.

Career

University: Oxford (Queen’s College), degree Law (Jurisprudence), called: 1985 (Middle Temple).

Professional Memberships

Member of Planning & Environmental Bar Association and the Western Circuit. Gary has written for Planning publications and trains at events organised by the RTPI and others.