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Katrina Yates

Katrina Yates

YEAR OF CALL 2006KYates@landmarkchambers.co.uk

AREAS OF LAW

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Planning Law

Katrina has a wide range of experience in planning work, particularly in relation to cases involving the Health and Safety Executive and in High Court challenges.  Her expertise includes:

  • Advising and representing claimants, local authorities and the Secretary of State in judicial reviews and statutory challenges in the High Court, particularly under sections 288 and 289 of the Town and Country Planning Act 1990 (the “Act”), or where planning issues arise collaterally in civil proceedings.
  • Appearing at public hearings and inquiries, particularly in respect of enforcement action, care homes, housing land supply, gypsy pitches, and health and safety issues. 

Recent and notable cases include:

  • Carroll v Secretary of State for Communities and Local Government [2017] EWCA Civ 1315: successfully acted for the Secretary of State, the second appellant, defending a challenge to the grant of planning permission for the change of use from B8 to C3 to the owner/developer of the famous red and white striped house in Kensington.   The Court dismissed the neighbour’s challenge and affirmed the principles of R (Mount Cook Land Limited) v Westminster City Council [2003] EWCA Civ 1346 in relation to the materiality of alternative potential uses of a site.  Paul Brown QC represented the first appellant.  For a digest of the case, please see here. For an article in the Times newspaper, please see here. 
  • Thorpe-Smith v Secretary of State for Communities and Local Government [2017] EWHC 356 (Admin): successfully defended the Secretary of State in this challenge under s. 288, which concerned a site in an Area of Outstanding Natural Beauty, and was based on the inspector’s alleged material unfairness against the appellant and his treatment of NPPF/14.  The case is digested at [2017] JPL 74.
  • Re: Burford Road, Witney, Oxfordshire (2016): s. 78 appeal in relation to a proposed housing development of 270 dwellings in the vicinity of a liquefied petroleum gas plant.  Represented the Health and Safety Executive at a 2 week inquiry, whose advice the inspector accepted in her report and the Secretary of State accepted in his decision
  • Re: Land South of Court Lodge Road, Harrietsham (2015): represented Broxbourne Council at a public hearing.
  • Re: Land at Russell Ride Estate, Cheshunt (2014): appeal against the refusal of planning permission under section 78 of the Town and Country Planning Act 1990.  Acted for the local planning authority at a three day public inquiry, defending a decision by members that had departed from officer recommendation.
  • Canti v Lomax & Secretary of State for Communities and Local Government (Claim No. 2BS30359, High Court, Bristol District Registry, 2013): represented the Secretary of State in a claim for breach of an overage agreement, in which the claimant made a collateral challenge to a planning decision.  Claim as against the Secretary of State was successfully struck-out part-way through trial and an order for indemnity costs made in the Secretary of State’s favour.
  • Cash v Secretary of State for Communities and Local Government [2013] EWHC 2028 (Admin), before John Howell QC, sitting as a Deputy Judge of the High Court: challenge under section 288 of the 1990 Act, which was the first case to give judicial consideration to paragraph 11 of the new Planning Policy for Traveller Sites.  Successfully acted on behalf of the Secretary of State, defending his decision to dismiss a planning appeal.   The case is digested here. 

For details of further notable cases and inquiries, please see the relevant tab above.