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Planning and Environmental

Guy specialises in advice and advocacy on planning applications and planning appeals, and appears frequently at a broad range of planning inquiries (section 78 appeals, enforcement appeals and call-in inquiries), and informal hearings.

Guy acts for a range of clients in the private and public sectors. Recent areas of work have involved:

Housing and Mixed Use Development: In the past two years Guy appeared at 16 residential-led planning inquiries ranging from 4 days to 4 weeks. Many focused on the application of the NPPF and the 5 year supply issue on development plan policies and the issue of prematurity. Main site specific issues included consideration of Green Belt, Strategic Gap SPA, highways, and flooding (risk and sequential test) issues, and the role of Neighbourhood Plans. In early 2016 Guy acted for Leeds City Council resisting 4 appeals for development on greenfield sites outside settlements ranging from 150 to 300 units. He also acted for Gladman Homes securing consent for 1000 homes in the strategic gap outside Eastleigh.

Infrastructure/Energy: In 2015 Guy promoted a Strategic Rail Freight Interchange on GB land outside Slough (seeking permission for an intermodal terminal and 200,000 sq m of B8). In 2013 Guy acted for King’s Lynn Borough Council at a three month inquiry objecting to a proposed 275k tpa EfW facility on grounds of proximity, waste hierarchy, self-sufficiency, flooding and prematurity. Also in 2013, he acted for English Heritage (now Historic England) in relation to the New Barnfield EfW facility. In 2012 Guy acted for North Yorks CC in relation to the long-running Motorway Service Areas inquiry on the A1(M), and promoted the Bedale and Leeming Bar Bypass.

Employment Land Uses: Guy promoted the development of 500,000 sq m of B2 and B8 floorspace outside Coventry in 2014. In 2015 he promoted a proposed SRFI with 200,000 sq m of warehousing floorspace. Previously he acted for Hart DC resisting 100,000 sq m of employment floorspace as a distribution centre in Hart district, and promoting re-use at the former Aston Down airfield in Gloucestershire.

Retail: in 2016 Guy promoted the Brent Cross Cricklewood CPOs for LB Barnet acting with Hammerson and Argent to regenerate Brent Cross through the creation of a new town centre spreading across the North Circular, doubling the size of the shopping centre, with very significant highways and infrastructure provisions and a new living bridge.

Heritage: Guy regularly acts for Historic England. In 2016 he has acted for HE on complex enabling development proposals within the setting of Grade I listed buildings and Scheduled Ancient Monuments. Previously, he was instructed at the Call-In inquiry for the proposed EfW facility at New Barnfield, and in relation to the Rookery Pit EfW facility, as well as in relation to enabling development proposals in Leicestershire. Guy advises in relation to listed building consents and conservation area consent.

Waste and Minerals: Acting for the Borough Council resisting a 275k tpa EfW facility in King’s Lynn, and acted for the promoter of an extraction and landfilling proposal; Guy also appeared on behalf of the Borough Council as an objector to the Norfolk County Council Waste Site Allocations DPD.

Planning Obligations: as well as the usual consideration of planning obligations at planning inquiries Guy appeared in the Court of Appeal for Wokingham BC on the question of what considerations are relevant to the enforcement of planning obligations in Millgate Homes Ltd v Wokingham BC. He also appeared in the Supreme Court in the leading case on when obligations will be related to eh development and so material to the grant of planning permission (R (Sainsbury’s Stores Ltd) v Wolverhampton CC).

Enforcement: Guy has been involved in a great number of LDC and enforcement inquiries including cases of deception, and acted for Reigate in the inquiry as to the lawfulness of the dwellinghouse in the case of Fidler (the infamous castle within a haystack)..

Local Plans: Guy also advises in relation to DPDs, and has appeared at examinations in public. He recently acted in relation to Leeds City Council’s local plan, West Oxfordshire’s, Chelmsford’s OAN approach, and is currently advising in relation to Wycombe District Council’s plan. He acted for Hambleton BC in the Court of Appeal in relation to a challenge to its Core Strategy, and has advised a number of authorities in relation to their emerging Local Plans and DPDs.

Judicial Review and Statutory Challenges: Guy regularly appears in the Higher Courts in claims for judicial review and statutory challenges focused on planning. Recent cases include a challenge to the SoS’s decision to approve the change of use of the first Free School under the permitted development prior approval procedures (Stoke Poges PC v SSCLG [2016] EWHC (Admin) 1772); and successfully resisting permission for judicial review being granted in R (on the application of Taylor) v London Borough of Camden and Royal Free Charity (2016).