Nicholas Grant

Planning

Nick has a busy and varied planning practice. He is frequently instructed both on large energy and infrastructure projects and in housebuilding appeals, and is particularly experienced in later years accommodation.

He is ranked in Planning Resource magazine’s top-rated planning juniors and top-rated planning juniors under 35 (top 5), and is ranked as in the Legal500 for as a leading junior in planning and environmental law, and as a “rising star” in local government.

With a solid grounding in property law, he regularly advises developers on knotty legal issues arising from, for example, rights to light, easements, and highways matters.

Recent and ongoing energy and infrastructure work includes:

• Appearing for Natural England during the DCO hearings for the Lower Thames Crossing (TR010032)
• Appearing for the Civil Aviation Authority during the DCO hearings into the expansion of Luton Airport (TR020001)
• Appearing for the South Downs National Park Authority during the DCO hearing for the M3 Junction 9 improvements (TR010055)
• Led by Richard Turney, instructed by the applicants in the Sunnica Energy Farm DCO (EN010106)
• Led by James Maurici KC, successfully representing the applicant Menter Môn in a four-week TWAO inquiry related to the Morlais project, off the coast of Anglesey (TWA/323412). It is the world’s first tidal stream demonstration zone, and remains one of the largest tidal consents in the world
• Appearing, unled, for a Rule 6(6) party in a 3 week planning inquiry into a proposed energy from waste plant in Horsham, Sussex (APP/P3800/W/18/3218965).

Recent residential and commercial work includes:

• Representing Churchill Homes in successfully promoting a 38 unit site in Bicester (APP/C3105/W/3287556)
• Representing a Rule 6(6) party in a tall tower inquiry at Manor Road, Ealing (App/A5270/W/21/3268157)
• Representing a Rule 6(6) party in an inquiry into an application to build to warehouses in Rickmansworth (App/P1940/W/21/3289304) [2022] PAD 36
• Led by Sasha White KC, successfully representing the promoter of a 200 unit residential scheme at Land North of Ansford Hill (APP/R3325/W/20/3259668). Successfully defended statutory challenge to the decision (South Somerset DC v SSLUHC CO/2298/2022)
• Led by Sasha White KC, successfully representing Churchill Homes at various appeals for older persons accommodation, including Land at Havant Road, Drayton APP/Z1775/W/21/328771, and Land at Great Shelford (APP/W0530/W/22/3296300)
• Led by James Maurici KC, appearing for Berkeley Homes in a 4 week call-in inquiry in Kent (APP/M2270/V/21/3273015). Alongside James challenged the refusal (Berkeley Homes (Eastern Counties) Ltd v SSLUHC CO/1785/2023)
• Led by Charles Banner KC, successfully represented Wates Developments Ltd in their appeal for 140 units on a greenfield site in Bramley, Hampshire (APP/H1705/W/22/3302752).

Recent local plan work includes:

• Representing Berkeley Homes in the Examination in Public of the Tunbridge Wells Local Plan.

Current and recent court work includes@

• Led by Paul Brown KC, appearing for the Secretary of State in the legal challenges to asylum accommodation on military base cases at Scampton and Wethersfield: Braintree DC v Secretary of State for the Home Office [2023] EWHC 1076 (KB) and the appeal to the Court of Appeal; West Lindsey DC v SSHD [2023] EWHC 1400 (Admin); and three judicial reviews (Braintree DC v SSHD CO 1673/2023, West Lindsey DC v SSHD CO 1577/2023 and Clarke-Holland v SSHD CO/1539/2023)
• Led by Richard Moules, appearing for the Secretary of State in R (Finch) v SSCLG UKSC 2022/0064 on Environmental Impact Assessment
• Led by Richard Moules, appearing for the Secretary of State in CG Fry Ltd v SSLUHC [2023] EWHC 1622 (Admin), a case concerning the application of the Habitats Regulations at condition discharge stage
• Led by Zack Simons, appearing for the Secretary of State in Caldwell v SSCLG [2023] EWHC 2053 (Admin) on the extent of the Murfitt and Kestrel Hydro line of authority
• Led by Richard Honey KC and Richard Moules, appearing for the Secretary of State in two challenges to the Whitehaven Coal mine in Cumbria: Friends of the Earth v SSCLG CO/147/2023 and South Lakes Action Against Climate Change CO/157/2023
• Led by Myriam Stacey KC, appeared for the successful tenants in AHGR Ltd v Kane-Laverack [2023] EWCA Civ 428. The leading case on the meaning of live/work
• Led by Richard Turney, R (Tesco Stores Ltd) v Allerdale BC [2022] EWHC 2827 (Admin) on the interpretation of the Allerdale BC development plan
• Led by James Maurici KC, working as part of the Government’s legal team responding to the written intervention of WWF in R (Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214
• R (Phelan) v London Borough of Ealing CO/391/2022: represented the London Borough of Ealing successfully resisting a claim for judicial review of its new civic centre
• Mosudisa v SSHCLG CO/946/2022: represented the defendant successfully resisting claim for statutory review of an inspector’s decision to refuse permission for conversion to multiple residential units
• Goodman v SSHCLG CO/1088/2022: represented the defendant successfully resisting claim for statutory review of Inspector’s decision to refuse permission to change of use from holiday let to permanent C3 usage
• Diego Doporto Ltd v SSHCLG CO/1389/2022: represented claimant in challenge to inspector’s decision on an enforcement appeal. Matter settled on favourable terms.

Recent s. 106, CIL and enforcement work includes:

• Appearing for South Downs National Park Authority recovering sums due under a s. 106 through an arbitration
• Successfully appeared for Medway Council in an appeal against an enforcement notice relating to 9 flats in Ingram Road, Gillingham (APP/A22880/C/21/3280974 and APP/A2880/W/21/3280975)
• Led by Tim Mould KC, drafted proceedings on behalf of a local authority to recover unpaid s. 106 contributions totalling some £3 million. Attended the successful mediation.
• Advising a local planning authority on enforcing a s. 106 obligation maintain a listed asset, and on how to deal with an application to discharge the said obligation
• Drafting proceedings and appearing in both the High Court and County Court for injunctions against travellers under s. 187B TCPA 1990
• Representing the defendant in a prosecution bought by a London Borough for failing to comply with a planning enforcement notice over 6 years. Prosecutor indicated he hoped to recover £10,000 plus costs, magistrates awarded £600 plus costs
• Representing the Appellants in a two day inquiry in an s. 174 appeal against an enforcement notice and s. 195 appeal against a refusal to grant a certificate of lawful development (APP/C5690/C/18/3206481 and APP/C5690/X/18/3204048).

Nick is a member of the UK Environmental Law Association, the Planning and Environment Bar Association, the National Infrastructure Planning Association, and the Compulsory Purchase Association.

CPO, Highways, and Greens

Nick is ranked in Planning Resource Magazine’s top-rated planning juniors and top-rated planning juniors under 35 (top 5), and is ranked as in the Legal500 for as a leading junior in planning and environmental law, and as a “rising star” in local government.

Recent CPO work includes:

• Led by Rob Walton KC, successfully advising and promoting Dudley MBC in its CPO of Dudley Bus Station
• Led by Neil Cameron KC, appearing for the acquiring authority in a CAAD appeal and compensation claim relating to land in Stratford: Bashir v London Borough of Newham LC-2022-000517, LC-2023-000148
• Led by Richard Moules, representing the acquiring authority in compensation claim: Cane v South Hams District Council LC-2022-000527
• Represented the applicants in various major energy projects which include CPO elements: the Morlais TWAO inquiry (TWA/323412) and Sunnica Solar Farm DCO (EN010106)
• Led by Tim Corner KC, advising a local authority on various methods to acquire land in order to precipitate a major development
• Led by Guy Williams KC, drafting proceedings to the Upper Tribunal in a claim for compensation arising from the construction of the Crewe Green Link Road. The claim settled for £1m more than first offered.
• Advising acquiring authorities (both statutory undertakers such as National Highways and local authorities) on defending and strategy in compensation claims. Drafting proceedings in the same.
• Regular instructions by the Department for Transport on a variety of planning, property, public and compulsory purchase matters arising all phases of the HS2 project, and other major rail projects.
• Advising on a CPO sought under the Airports Act 1986.
• Advising acquiring authorities on complex disputes arising out of blight notice provisions.
• Advising long leaseholders of a flat on their best strategy to navigate an impending local authority CPO.

Recent Highways work includes

• Advising a local authority on a TTRO
• Advising a local authority on its legal powers in relation to E-bikes and E-scooters
• Successfully representing the OMA in a public Rights of Way hearing in Kent (ROW/3280233)
• Representing objectors in a Public Rights of Way Inquiry in Knapton (ROW/3212585).

Recent public space and village green work includes:

• Advising a leading conservation charity on public authorities’ duties regarding the disposal of public open space subject to a statutory trust
• Advising a local residents group on the CPO of assets following their designation as an ACV
• Helping to draft a successful response to a petition for the listing of certain assets as an ACV
• Advising local residents and helping draft an objection to an application to release land which is part of a registered village green.

Nick is a member of the UK Environmental Law Association, the Planning and Environment Bar Association, the National Infrastructure Planning Association, and the Compulsory Purchase Association.

Compulsory Purchase and Compensation

Nick's notable CPO work includes:

• Led by James Maurici KC, representing the Applicant Menter Môn in a three week TWAO inquiry related to the Morlais project, off the coast of Anglesey (TWA/323412). The inquiry included an application for a CPO.
• Led by Rob Walton KC, advising the promotor of a CPO for a major regeneration scheme near Birmingham.
• Led by Tim Corner KC, advising a local authority on various methods to acquire land in order to precipitate a major development.
• Led by Richard Turney, currently instructed on a DCO for the Sunnica Solar Farm DCO, including CPO elements.
• Led by Guy Williams KC, drafting proceedings to the Upper Tribunal in a claim for compensation arising from the construction of the Crewe Green Link Road. The claim settled for £1m more than first offered.
• Advising acquiring authorities (both statutory undertakers such as National Highways and local authorities) on defending and strategy in compensation claims. Drafting proceedings in the same.
• Regular instructions by the Department for Transport on a variety of planning, property, public and compulsory purchase matters arising all phases of the HS2 project, and other major rail projects.
• Advising on a CPO sought under the Airports Act 1986.
• Advising acquiring authorities on complex disputes arising out of blight notice provisions.
• Advising long leaseholders of a flat on their best strategy to navigate an impending local authority CPO.

Development Contribution: Section 106 and CIL

Nick's notable s. 106, CIL and enforcement work includes:

• Led by Tim Mould KC, drafting proceedings on behalf of a local authority to recover unpaid s. 106 contributions totalling some £3 million.
• Advising a local planning authority on enforcing a s. 106 obligation maintain a listed asset, and on how to deal with an application to discharge the said obligation.
• Advising and drafting proceedings for a local authority to claim unpaid CIL.
• Led by Dan Kolinsky KC, drafting proceedings for the enforcement of a section 106 Agreement in connection with a major development.
• Advising on the enforceability of a s. 52 TCPA 1971 Agreement and the extent to which it could be considered an estate contract and/or local land charge.
• Drafting proceedings and appearing in both the High Court and County Court for injunctions against travellers under s. 187B TCPA 1990.
• Representing the Defendant in a prosecution bought by a London Borough for failing to comply with a planning enforcement notice over 6 years.
• Representing the Applicants in a two day inquiry in an s. 174 appeal against an enforcement notice and s. 195 appeal against a refusal to grant a certificate of lawful development (APP/C5690/C/18/3206481 and APP/C5690/X/18/3204048)
• Advising local residents on a potential judicial review of a local council’s failure to undertake enforcement action.

Environment

Nick's notable public space and village green work includes:

• Advising a leading conservation charity on public authorities’ duties regarding the disposal of public open space subject to a statutory trust.
• Advising a local residents group on the CPO of assets following their designation as an ACV.
• Helping to draft a successful response to a petition for the listing of certain assets as an ACV.
• Advising local residents and helping draft an objection to an application to release land which is part of a registered village green.

Highways, Footpaths and Rights of Way

Nick's notable Highways work includes:

• Advising a local authority on a TTRO.
• Advising a local authority on its legal powers in relation to E-bikes and E-scooters.
• Representing objectors in a Public Rights of Way Inquiry in Knapton (ROW/3212585).
• Representing the OMA in a public Rights of Way hearing in Kent (ROW/3280233).

Environment

Nick is ranked in Planning Resource magazine’s top-rated planning juniors and top-rated planning juniors under 35 (top five), and is ranked as in the Legal500 for as a leading junior in planning and environmental law, and as a “rising star” in local government.

Having studied environmental law in both the UK and USA, and taught environmental law at UCL, Nick is keen to take any cases which involve an environmental dimension.  Recent and ongoing work includes:

• Unled, appearing on behalf of the United Kingdom before the UN’s Aarhus Convention Compliance Committee on the admissibility of Communication ACCC/C/2022/194 (UK) (concerning the application of Article 8 to Free Trade Agreements)
• Led by James Maurici KC, appearing on behalf of the United Kingdom before the UN’s Aarhus Convention Compliance Committee on Communication ACCC/C/2017/150 (UK) (concerning the application of Article 8 to the European Union (Withdrawal) Bill 2017
• Led by Richard Moules, appearing for the Secretary of State in R (Finch) v SSCLG UKSC 2022/0064 on Environmental Impact Assessment
• Led by Richard Moules, appearing for the Secretary of State in CG Fry Ltd v SSLUHC CO/12/2023, a case concerning the application of the Habitats Regulations at condition discharge stage
• Led by Richard Honey KC and Richard Moules, appearing for the Secretary of State in two challenges to the Whitehaven Coal mine in Cumbria: Friends of the Earth v SSCLG CO/147/2023 and South Lakes Action Against Climate Change CO/157/2023
• Successfully representing the Environment Agency in a water abstraction appeal concerning the River Wensum (APP/Wat/594)
• Successfully represented the Secretary of State in R (Fowles Crushed Concrete Ltd) v SSEFRA CO/1538/2022, concerning an attempt to JR an environmental permitting decision. Recovered pre-action costs in addition to normal costs award
• Advising on the decommissioning of nuclear sites
• Led by James Maurici KC, representing the Applicant Menter Môn in a three-week TWAO inquiry related to the Morlais project, off the coast of Anglesey (TWA/323412). This involved numerous issues of onshore and offshore ecology.
• Working as part of the government’s team (led by James Maurici KC), responding to the written intervention of WWF in the recent Heathrow expansion case (in  R (Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214), focusing on arguments relating to the incorporation and meaning of “sustainable development” in international law.

Nick is a member of the UK Environmental Law Association, the Planning and Environment Bar Association and previously contributed to Garner’s Environmental Law.

He is ranked in both Planning Resource magazine’s top-rated planning juniors and top-rated planning juniors under 35 (top five), and is a “rising star” for planning in the Legal500.

Public and Administrative

Nick is ranked in Planning Resource magazine’s top-rated planning juniors and top-rated planning juniors under 35 (top five), and is ranked as in the Legal500 for as a leading junior in planning and environmental law, and as a “rising star” in local government.

Nick is regularly instructed on a variety of public law, public procurement, and state aid matters.  Recent instructions include:

• Led by John Litton KC, appearing for the successful defendant in resisting judicial review of its decision to close Doncaster Sheffield Airport: R (Doncaster MBC) v Doncaster Sheffield Airport Ltd [2022] EWHC 3060 (Admin), [2023] A.C.D. 21 (Fordham J)
• Led by Justin Bates Hussain v Waltham Forest LBC [2022] UKUT 241 (LC), [2023] HLR 1 on whether there is a deemed grant of an HMO licence if the local authority fails to respond to an application within a particular time
• Appearing for the Valuation Officer in Nelson Plant Hire Ltd v Bunyan (VO) [2022] UKUT 309 (LC)
• Advising the Listing Officer on various appeals to the High Court arising from the VTE’s determination of Council Tax liability
• Advising on the Secretary of State’s funding powers to deliver major projects in Scotland, Wales, and Northern Ireland
• Representing the appellant in an oral renewal of a judicial review and appeal by way of case stated against a liability order imposed by the magistrates court in a rating matter
• Successfully representing the Listing Officer in the VTE an appeal against the LO’s decision to list a hereditament as self-contained units (Godwin v Virk (2022) VT00001528)
• Advising on the places of religious worship exemption in a rating matter
• Advising on the meaning of a hereditament for rating purposes
• Drafting particulars of claim in a breach of contract and public procurement claim following termination of a service agreement and exclusion of the provider from an ongoing procurement competition.

He is also regularly asked to give procurement and state aid training to a number of clients, including local authorities. He is a member of the Administrative Law Bar Association.

Property

Nick has been instructed on the full spectrum of property matters, much of which still supports his planning and CPO work.

Notable work includes:

• Representing the successful Respondent, unled, in Marlborough Knightsbridge Management Ltd v Fivaz [2021] EWCA Civ 989, [2021] 1 WLR 4345 which concerns the oft-disputed meaning of “landlord’s fixtures”
• Led by Myriam Stacey KC, AHGR Ltd v Kane-Laverack in the High Court ([2022] EWHC 2025 (Ch) and County Court (County Court at Central London, 27.09.21) – the leading case on the meaning of live/work permissions
• Led by Justin Bates, Hussain v Waltham Forest LBC [2022] UKUT 241 (LC), [2023] HLR 1 on the ambit of the “fit and proper person” test
• Led by Justin Bates, Hussain v Waltham Forest LBC [2019] UKUT 339 (LC) and [2020] EWCA 1539, [2021] 1 WLR 922 a case concerning the application of the Rehabilitation of Offenders Act 1974 to local authority HMO licensing decisions
• Advising developers on rights to light liability and strategies
• Drafting proceedings and appearing before the High Court to obtain injunctions requiring the removal of travellers.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Costs Litigation

Nick is one of the few planning barristers who has also practised in costs law. He is a contributor to the forthcoming 4^th edition of Friston on Costs and represented the successful claiming party in in Powerrapid v Harlow DC  both in the High Court ([2023] EWHC 586 (KB), led by Jamie Carpenter KC) and Senior Courts Costs Office ([2022] RVR 145, unled).

In light of his environmental, planning, and CPO expertise, he regularly advises on costs matters in these areas.  Recent work includes:

• The Powerrapid cases, above
• Advising on recoverable quantum following an award of costs in a planning inquiry
• Advising a Parish Council on its entitlement to Aarhus costs protection
• Advising acquiring authorities on how to mitigate costs risks arising from a CPO compensation reference
• Examining the basis of costs at permission stage in a judicial or statutory review, and whether that is compliant with the Aarhus convention.

In addition, Nick has experience of detailed assessment hearings, advising on Bills, PODs and replies, arguments concerning the entitlement to interest on costs and at what levels, issues arising from non-party costs orders, and obtaining and/or setting aside default cost certificates.

Energy

Nick's notable energy and infrastructure work includes:

• Led by James Maurici KC, successfully representing the applicant Menter Môn in a four-week TWAO inquiry related to the Morlais project, off the coast of Anglesey (TWA/323412). It is the world’s first tidal stream demonstration zone, and remains one of the largest tidal consents in the world.
• Led by Richard Turney, instructed by the applicants in the Sunnica Energy Farm DCO (Ref EN010106).
• Appearing, unled, for a Rule 6(6) party in a 3-week planning inquiry into a proposed energy from waste plant in Horsham, Sussex (APP/P3800/W/18/3218965).

EU Law post-Brexit

Local Government