AREAS OF EXPERTISE:
Killian Garvey is a specialist planning barrister who practices across England and Wales. He acts for both developers and local authorities.
Killian has been consistently ranked as one of the top planning barristers nationally in Planning Resource Magazine. In 2022, Killian was ranked as the best planning barrister under the age of 35, he was ranked as the 6th best junior planning barrister nationwide and the 10th best planning barrister for housing developments amongst all barristers nationally (including all KCs).
Clients have said as follows about him in Chambers and Partners:
“Killian gives very clear and considered advice, and presents the advice extremely well to clients. The advice is always well thought through and thorough. Killian is sharp, a very good team player, and is very easy to work with. He will go very far. “
"Killian’s knowledge and experience is exceptional. Not only is he technically fantastic, he is also incredibly commercial, which is a winning combination for clients."
"Killian is extremely intelligent and hard-working."
"Killian is highly impressive and is set to be one of the future stars of the Planning Bar."
"He is extremely bright and combines in-depth knowledge of planning law with pragmatism and commercial acumen."
Killian is a member of the Attorney General’s Panel of Junior Counsel
Year of Call: 2014
Hay End Lane, Fradley (Appeal Reference: APP/K3415/W/20/3264280) – Successfully secured permission for a large scale scheme for 184 C3 units, 122 C2 units
Meadowcroft, Windermere (Appeal Reference: APP/Q9495/W/20/3254342) – Successfully acted for Hillcrest Developments at a hearing in securing a consent for a development in the Lake District
Broad Town Primary School, Wiltshire (Appeal Reference: APP/Y3940/W/20/3249284) – Successfully acted for Greystoke Land Limited in a hearing for 10 entry-level aﬀordable dwellings
Southbourne, Chichester (Appeal Reference: APP/L3815/W/17/3173380) – Successfully acted for Beechcroft Land Ltd in this planning appeal, where the Appellant secured permission for 34 dwellings in Southbourne, Chichester. The case has signiﬁcant implications nationally as it gives guidance on policies contained within a neighbourhood plan and the implications of the Secretary of State’s ‘written ministerial statement’.
Land oﬀ Haven Lane, Oldham (Appeal Reference: APP/W4223/W/17/3175644) – Successfully represented Heyford Developments in pursuing a planning application for up to 23 dwellings in Oldham. A previous application had been refused in respect to the site on highways grounds. Killian secured permission despite this highways objection and also secured an award of costs against the Council.
Desborough, Kettering (Appeal Reference: APP/L2820/W/16/3149835) – Successfully represented Kettering Borough Council in securing the dismissal of a housing application for 147 dwellings in Desborough. The appeal related to 5 year housing land supply and landscape. The Council were successful on both issues. It was pursued by Gladman Developments. Gladman pursued a statutory challenge of the Inspector’s decision, which Killian assisted in securing a dismissal of in the High Court acting for the Council.
Moneystone Park, Staﬀordshire (APP/B3438/W/16/3144848) – Acting as the junior to Paul Tucker QC, Killian assisted in securing planning permission for 250 holiday lodges near Alton Towers. This was a particularly long running application, that took several years to secure permission through a repeat application, which had to survive a challenge in the High Court.
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.
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 underground 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.
Enterprise Rent-A-Car UK Limited North West, Widnes – Successfully represented Enterprise in a CPO claim that resulted in a positive settlement
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.
R.(Paul Housiaux) v Staﬀordshire Moorlands District Council and Laver Leisure Ltd  EWHC 2157 (Admin) – Successfully represented the Interested Party, as the junior to Paul Tucker QC, in this judicial review.
R.(Anthony Waller) v Birmingham City Council (Claim No. CO/2458/2017) - Successfully acted for Birmingham City Council in this matter. The Council were Defendants to a claim for judicial review. The matter concerned a number of issues, including environmental concerns and the need for consultation. As a result of the Council’s pleadings, the Claimant agreed to withdraw the claim prior to the full hearing in the matter.
Gladman Developments Ltd v SSCLG & Wellingborough BC  EWHC 683 (Admin) – Successfully represented the Council in defending this High Court challenge as the junior to Anthony Crean QC
(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  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  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
(Orbital Shopping Park Swindon Limited) v Swindon Borough Council  EWHC 448 (Admin) – A signiﬁcant case concerning the application of the community infrastructure levy
Successfully acted for Highways England in respect to pursuing warrants under section 173 of the Housing and Planning Act 2016, to allow Highways England access to land as part of Nationally Signiﬁcant Infrastructure Projects. Two of these cases involved projects that were required to give weekly updates to 10 Downing Street.
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.
Tewkesbury Borough Council v SSHCLG & Others  EWHC 2782 (Admin) – Successfully acted for the Interested Party in this High Court claim concerning the use of oversupply in the assessment of 5 year housing land supply. This followed from successfully representing the Appellant at the planning inquiry in respect to 50 dwellings in Gotherington, Tewkesbury.
Asda v Medway Council – Successfully acted for Asda in challenging the grant of planning permission for a Lidl in Medway. Killian brought ﬁve successive legal challenges in respect to the same development at the same site. On each occasion, the Council and Lidl consented to judgment (the ﬁnal occasion followed a hearing in the High Court). The various legal challenges concerned delegated authority, the interpretation of development plan policy and ﬂood risk
R.(oao Fraser) v Shropshire Council  EWHC 31 (Admin) – Successfully acted for Shropshire Council in defending the grant of planning permission for a care scheme.
R.(oao Thomas) v North Northamptonshire Council  EWHC 1428 (Admin) – Successfully acted for the Council in defending the issuing of an enforcement notice, where it was alleged that the Council did not have the power to do so given that the matter related to mineral issues
R.(oao Day) v Shropshire Council  EWCA Civ 1751 – Successfully acted for Shropshire Council in the Court of Appeal and High Court defending the Council’s decision to grant planning permission, in the context that it was claimed that the land was open space. The Court gave important clariﬁcation as to the proper disposal of open space by local planning authorities
R.(oao James Hall and Company) v City of Bradford Metropolitan DC  EWHC 2899 (Admin) – Successfully secured the quashing of permission for a petrol station for a rival developer. The Court established, for the ﬁrst time, that in respect to heritage assets even negligible harm engaged the policies in the NPPF.
Chichester District Council v SSHCLG  EWCA Civ 1640 – Successfully defended the grant of planning permission in the Court of Appeal. This judgment concerned the proper interpretation of neighbourhood plans and the circumstances where it was appropriate to infer conﬂict into a development plan.
Bassetlaw DC v SSHCLG  EWHC 556 (Admin) – Successfully defended the Secretary of State in this challenge concerning the circumstances where an inspector is required to address arguments not raised in the reasons for refusal.
R.(oao Fulford Parish Council) v City of York Council  EWCA Civ 1359 – Acted for the Claimant in this important case concerning the power to make non-material amendments pursuant to s.96A of the TCPA 1990.
R.(oao Mary Urmston) v City of York Council  EWHC 2102 (Admin) – Successfully acted for the Claimant in quashing a development. This concerned the extent to which oﬃcer reports need to be updated where there is an error in the original report.
Solihull Local Plan – Acted for 5 developers in respect to omission sites in the local plan
Wrexham Local Plan – Acted for a local third party who were trying to prevent the adoption of the Wrexham Local Plan. The plan was found to not be sound based entirely on the submissions presented for this local third party. The inspectors favoured these submissions over the Welsh Government, who were expressing an alternative interpretation of Welsh planning policy
Sevenoaks Local Plan – Acted for Richborough Estates, promoting a development through the examination into the local plan.
North Warwickshire Local Plan – Acted for Richborough Estates, promoting a development through the examination into the local plan.
Kirklees Local Plan – Acted for a local interest group resisting an allocation of a golf course for development. The examiner accepted the interest group’s case that the allocation did not satisfy the relevant tests in the NPPF. The submissions at the examination led to Sports England reversing their position on the issue.
Ashmead Drive, Gotherington (Appeal Reference: APP/G1630/W/20/3256319) – Successfully secured permission for 50 dwellings in Tewkesbury following a planning inquiry
Groveﬁeld Way (Appeal Reference: APP/B1605/W/18/3200395) – Successfully secured permission for a large scale business park on appeal, including an Aldi, Costa Coﬀee, oﬃce development and nursery. This followed an inquiry, subsequent High Court litigation and then a further hearing. The inspector awarded costs against the Council in this appeal.
Church of the Immaculate Conception (Appeal Reference: APP/X1118/W/19/3239847) – Assisted the Catholic Church in respect to a redevelopment scheme that related to substantial harm to a listed Church.
Land oﬀ Braybrooke Road, Desborough (Appeal Reference: APP/L2820/W/18/3215362) – Successfully acted for Kettering BC in resisting an appeal against Gladman developments. This involved defending the Council’s 5 year housing land supply, as well as arguing over landscape and highway impacts.
Land North East of Junction 37 of the A1 Motorway (Appeal Reference: 17/00301/FULM) – Secured the dismissal of permission for a motorway service station for Doncaster Council, contrary to the oﬃcer recommendation. This was a called appeal to the Secretary of State.
Land at Hill Cottage (Appeal Reference: APPU3935/W/17/3192234) – Assisted with securing permission for a large scale housing development in Swindon Borough Council.
Pear Lea Farm (Appeal Reference: APP/P2365/C/17/3190196) – Successfully secured the dismissal of an enforcement appeal, with a full costs award against the Appellant, for West Lancashire Borough Council.
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.
Calderdale CPO – Acted for Calderdale Council in respect to three compulsory purchase orders, including a large scale regeneration scheme
Planning and Environment Bar Association
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)
Chambers UK 2023
"A silk of the future, who is very proactive and thinks strategically."
"Killian offers the 'complete package' of excellent advocacy, combined with thorough and up-to-date knowledge."
"Killian is great with clients and has an excellent knowledge of case law and planning."
"Just an excellent all-rounder."
Legal 500 2023
‘Killian is very bright and gives clear advice. He is a very strong advocate and good at explaining complex matters to clients and their teams. He is very accessible and quick to turn around work. Very pleasant to work with – a real team player.’
Chambers UK 2022
"Killian’s knowledge and experience is exceptional. Not only is he technically fantastic, he is also incredibly commercial, which is a winning combination for clients." "Killian is extremely intelligent and hard-working."
Legal 500 2022
"Killian has an impressive ability to get to cut through to the important issues in a case quickly and focus on its key strengths and weaknesses. He has an encyclopaedic knowledge of the relevant case law and appeal decisions and is extremely good on his feet."
"Killian gives very clear and considered advice, and presents the advice extremely well to clients. The advice is always well thought through and thorough. Killian is sharp, a very good team player, and is very easy to work with. He will go very far."
Chambers UK 2021
"He is hard-working, responsive and intelligent."
"He provides strong and competent legal advice with a commercial focus."
Legal 500 2021
"He combines exceptional technical knowledge with a willingness to go above and beyond for solicitors."
"Killian has exceptional technical knowledge and a fantastic ability to explain complex areas of law in easy to digest ways. You cannot underestimate how important this is when advising clients in planning litigation."
Chambers UK 2020
"Scarily bright and just so good on the detail." "He is beyond his years in ability and is a very strong cross-examiner and a confident inquiry advocate." "He talks things through and explains things well to the client."
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."
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Killian Garvey, instructed by Greystoke Land, assisted with securing planning permission for 10 entry-level affordable dwellings in Broad Town, Wiltshire.
The Good, the Bad and the Ugly: Proposed Changes to the NPPF
An Introduction To The Inquest Process with Irwin Mitchell
Commercial Fraud Conference
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