Killian Garvey


Planning & Environment

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

Planning & Environment

Killian was ranked as the 15th best junior planning barrister in England and Wales by Planning Resource in 2017. He was ranked as the 2nd best barrister under the age of 35.

He appears in inquiries, the High Court and the criminal courts (in respect to enforcement matters). He regularly advises in respect to residential developments, enforcement matters, compulsorily purchase orders, CIL liability, s.106 agreements amongst many other matters. Killian acts for both developers and local authorities on a roughly 50/50 split.

 

Significant Recent Cases 

Residential Development Inquiries

Ansley, Warwickshire (Appeal Reference: APP/R3705/W/16/3149572) – Successfully represented Muller Property Group in securing 79 dwellings in Ansley, Warwickshire. This was the first occasion since the adoption of the North Warwickshire Local Plan Strategy 2014 that the Council were found to be unable to demonstrate a 5 year supply of housing land.

Northampton South SUE (Appeal Reference: APP/V2825/W/15/3028151) – Successfully represented Bovis Homes, as the junior to Anthony Crean QC, in this housing development. Anthony and Killian secured outline permission for 1,000 dwellings. Costs were also awarded to Bovis Homes.

123 High Street, Wellingborough (Appeal Reference: APP/H2835/W/15/3140655): Successfully represented the Council in resisting this s.78 appeal concerning a housing development for 59 dwellings in Irchester.

Windermere Avenue, Colne – (Appeal Reference: APP/E2340/W/15/3131974) – Successfully represented the developer, as the junior to Paul Tucker QC, in this s.78 appeal relating to a residential development for 90 dwellings.

Gladman Developments Limited v Cherwell District Council (Appeal Reference: APP/C3105/W/15/3134944) – Successfully represented the Council in resisting this s.78 appeal concerning a housing development for 75 dwellings in Kirtlington

Little Harrowden, Wellingborough (Appeal Reference: APP/H2835/W/15/3140093) – Successfully represented Wellingborough Borough Council in securing the dismissal of a housing development for 11 dwellings. Costs were also awarded to the Council.

199 Northampton Road, Wellingborough (Appeal Reference: APP/H2835/W/16/3144277) – Successfully represented Wellingborough Borough Council in securing the dismissal of a residential development for 102 dwellings. The inquiry lasted for 5 days and included substantial issues relating to ecology, landscape, 5 year housing land supply and planning.

East of Wem Road, Shropshire (Appeal Reference: APP/L3245/W/16/3150322) – Successfully represented the Council in this section 78 appeal relating to 25 dwellings. The development proposal was refused having regard to the correct interpretation of the presumption in favour of sustainable development.

Peartree Cottages, Durham (Appeal Reference: APP/X1355/W/16/3165827) – Successfully represented the developer in this written representation appeal concerning an extension to a HMO within a conservation area.

 

Enforcement

Land to the rear of Old Bank House, Cumbria (Appeal Reference: APP/Q9495/C/16/3155448) – Successfully represented the Appellant in this enforcement appeal relating to the historical use of a car park under ground s.174(d) of the Town and Country Planning Act 1990, where the Council were alleging concealment.

36 Langleys Road, Birmingham (Appeal Reference: APP/P4605/C/15/3129371) – Successfully represented the Council in this enforcement appeal where grounds (a) and (c) were challenged. Killian demonstrated that the Appellant did not have legal standing to bring the appeal. The Council were awarded their costs in full.

Bassetlaw District Council v Leigh Bower – Successfully represented the Council in this planning prosecution case where the Council secured a criminal behaviour order against the Defendant

Robert Vaudry v Stratford-upon-Avon DC (Appeal Reference: APP/J3720/C/15/3003712) – Successfully represented the Council, as the junior to Gary Grant, in this enforcement appeal where the Council were awarded their costs in full

Yorkshire Dales National Park Authority (Appeal Reference: APP/C9499/C/15/3128765) – Successfully represented the Council in this enforcement appeal.

 

Compulsory Purchase Orders

Swindon Borough Council Compulsory Purchase Order (Appeal Reference: APP/NPCU/CPO/U3935/74830) – Successfully represented the Council, as the junior to Anthony Crean QC, in this CPO inquiry relating to the regeneration of Swindon town center.

Chesterfield Road, Sheffield City Council – Successfully represented the Council in this CPO matter, wherein through a disclosed advice the relevant objectors all agreed to the CPO being confirmed by consent.

Lancashire County Council – Killian is instructed on an ongoing basis, alongside John Barratt and Stanzie Bell, in respect to the CPO relating to the Preston Western Distributor and East West Link Road and City Deal Infrastructure Delivery Plan

 

High Court litigation

Gladman Developments Ltd v SSCLG & Wellingborough BC [2016] EWHC 683 (Admin) – Successfully represented the Council in defending this High Court challenge as the junior to Anthony Crean QC

  1. (Mr Philip David Scaling) v Selby District Council (Claim No. CO/3168/2016) – Successfully represented the Council in this matter wherein permission was refused and the claim was certified as being totally without merit.

Shropshire Council v SSCLG [2016] EWHC 2733 (Admin) – Successfully represented the Council in this s.288 claim, as the junior to Anthony Crean QC, concerning the duty of an inspector to determine the 5 year housing land supply of the Council. The Secretary of State conceded to judgment, however, the Interested Party argued the case.

Malvern District Council v Peter Annetts – Successfully represented the Defendant in this injunctive proceedings. Killian demonstrated to the Court that the Council did not have delegated authority to issue the proceedings.

Bushell v Shropshire Council – Successfully represented the Claimant in these judicial review proceedings, wherein the Council consented to judgment.

Mapeley Beta Acquisition Company Limited v SSCLG & Swindon BC [2016] EWHC 2997 (Admin) – Successfully represented the Council, as junior to Anthony Crean QC, in these judicial review proceedings brought by the unsuccessful objector in a CPO inquiry.

  1. (Orbital Shopping Park Swindon Limited) v Swindon Borough Council[2016] EWHC 448 (Admin) – A significant case concerning the application of the community infrastructure levy

 

Other Matters

Hunky Dory, Shropshire (Appeal Reference: APP/L3245/X/16/3147191) – Successfully represented the Council in this appeal of a refusal of a lawful development certificate. Despite the Council presenting no evidence, it was demonstrated through cross-examination that the Appellant’s factual background was incorrect.

Helms Deep Barn, Wyre Borough Council (Appeal Reference: APP/U2370/W/15/3137151) – Successfully represented the Council in this s.78 appeal relating to the refusal of prior approval for permitted development rights relating to the conversion of an agricultural building to residential dwelling.

Wyre Borough Council Local Plan – Killian is instructed on an ongoing basis in relation to the Wyre BC local plan.


Profile

Killian was ranked as the 15th best junior barrister in planning law by Planning Resource in 2017. He was ranked as the 2nd best barrister under the age of 35.

Killian regularly appears in inquiries and the High Court. He acts for both developers and local authorities on a roughly 50/50 split.

Killian also appears in county courts nationwide acting for both claimants and defendants in personal injury matters, largely arising out of road traffic accidents.

Many of Killian’s clients accuse him of never sleeping, owing to the depth of his preparation for cases. He is approachable and user-friendly. He is also generally able to accommodate quick turnover times when necessary.

 

Year of Call:  2014


Areas of Expertise
  • Planning & Environment
  • Personal injury

Memberships

Northern Circuit

Lincoln’s Inn

Planning and Environment Bar Association


Qualifications / Education

University of Oxford: Bachelor of Civil Law (2014)

University of Law: Bachelor of Laws LLB (2014) – First Class Honours

University of Law: Bar Professional Training Course (2014) – Outstanding

College of Law (Chester): Graduate Diploma in Law (2011) – Distinction, 1st in the year

University of Liverpool: Bachelor’s Degree in History (2010) – First Class Honours, 1st in the year

St. Anselm’s College (Birkenhead)

 

Recommendations

Chambers UK 2018

"Very helpful and quick to come up with solutions to quite complex issues."

"An excellent advocate who provides great timely advice and great customer service."

 

 

© Copyright 2017 Kings Chambers. All rights reserved.

Scroll to Top