Killian Garvey will act in two matters in the coming weeks which are due to be heard before the Court of Appeal.
In R.(oao Fulford Parish Council) v York City Council and Persimmon Homes Yorkshire, Killian acts for the Claimant who is arguing that s.96A of the Town and Country Planning Act 1990 cannot be relied upon to change an approval of reserved matters. Jonathan Easton acts for the Council, whilst Giles Cannock QC acts for Persimmon Homes.
Seven days later, Killian will appear again in Chichester District Council v Secretary of State for Housing, Communities and Local Government & Beechcroft Land Ltd. Having won an appeal for Beechcroft Land, the District Council pursued a challenge of the Inspector’s decision. This challenge was dismissed in the first instance before UT Judge Andrew Grubb  EWHC 2386 (Admin). The case revolves around the interpretation of neighbourhood plan policy. Killian will be acting for the developer defending the Inspector’s decision.
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(It will expire after 30 days.)