Gary Grant


Public Law

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
William Brown
Gary Smith
Mark Ronson

Public Law

Public law challenges emerging from planning disputes. Recent instructions include resisting judicial review proceedings of LPA decisions not to take enforcement action and grant planning permission in respect of equestrian uses in Oxfordshire, Challenge to a Committees consideration of para 32 NPPF, resisting judicial review of use of Housing Act CPO powers and resisting judicial review of a decision to recommend main modifications to a Local Plan and consideration of the ambit of s113 of PPCA 2004.

Significant Reported Cases

2017:  Bringing judicial review proceedings against the SSCLG for LPA in context of decision disagreeing with Inspector on a major urban extension at Lichfield. Raises issues of disregarding material considerations, policy interpretation and reasons.

2017 : Resisting application for permission to proceed by way of judicial review of Committee decision to grant permission for Rugby Club raising procedural, ecological and policy issues.

2016 : Drafting grounds of resistance for LPA on meaning of affordable housing policy in context of issue on aggregation of proposals. The case was successfully defended by the Secretary of State in New Dawn Homes Ltd v SSCLG [2016] 3314.

2016 : Advising and drafting Pre- action in a case against the LPA involving procedural failings and misinterpretation of policy.

2015:  Resisting judicial review proceedings (x2) of decision not to take enforcement action in respect of equestrian uses and impacts ( Planning Court sitting in Birmingham ).

2014:  Judicial review proceedings on behalf of Claimant (led by Paul Tucker QC ) challenging a planning committees consideration of para 32 of NPPF.

2014:  Resisting judicial review of decision to proceed with the execution of compulsory purchase of property under Housing Act powers ( for Derby Council - Planning Court sitting in Leeds ).

2014:  Resisting judicial review of decision to recommend main modifications to the Lichfield Local Plan involving the release of land from the Green Belt and consideration of the ambit of the statutory ouster under section 113 of PPCA 2004 reported at [2014] EWHC 2440 (Admin).

2013:  s288 challenge on behalf of Woking Borough concerning inspector’s misinterpretation of Green Belt policy.


Profile

Specialist practitioner in planning and environmental law in which Gary is an experienced advocate and adviser. Gary is experienced in bringing and defending challenges to planning and environmental decisions in the Planning Court. Instructions in 2016 and 2017 include resisting procedural, environmental and policy challenges to the grant of planning permission to a Rugby Club, drafting grounds of resistance in a Statutory Challenge on the LPA’s understanding of affordable housing policy and the bringing of a challenge to the decision of the Secretary of State disagreeing with an Inspectors report on a major urban extension. Gary provides legal support to Plan Making Authorities including at EiP.

Gary has been instructed in a number of cases in the newly formed Planning Court, including successfully resisting a challenge by way of judicial review of the Lichfield Local Plan.

Gary has presented papers to specialist training events held by RTPI, NAPE, ACSeS, LLG and others and is a qualified Civil and Commercial Mediator.

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

Year of Call: 1985


Areas of Expertise
  • Administrative
  • Environment
  • Planning
  • Public Law

Recommendations

Legal 500 2016

“ An excellent advocate with good interpersonal skills”

Legal 500 2015

"His advice is always concise, practical and solution-orientated”

Legal 500 2014

Memberships

Member of PEBA

Western Circuit.

Appointments

Attorney General’s Regional Panel 2002-2015

Qualifications

MA (Oxon) Jurisprudence

Accredited Civil and Commercial Mediator.

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