Graeme Keen QC

Call: 1995Silk: 2018
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Practice Summary

Graeme is a specialist in planning, environmental, compulsory purchase and public law. He was called to the Bar in 1995 and appointed Queen’s Counsel in 2018.

Graeme’s clients include developers, landowners, local planning authorities and individuals and he is instructed by solicitors and planning consultants. His practice covers advocacy and advisory work and he frequently appears at Public Inquiries, Hearings and Examinations.

Planning

Graeme is a highly experienced Public Inquiry advocate who acts for developers, local government and other interested parties. His advisory and appeal work includes: housing; retail; heritage; highways; major infrastructure projects; compulsory purchase; and enforcement. Much of his Inquiry work involves appeals recovered by the Secretary of State. Graeme also acts both for and against local planning authorities at Local Plan Examinations. His court experience ranges from the High Court work (including judicial review and statutory appeals) to the Magistrates Court (including defending prosecutions for breach of enforcement notices).

Graeme provides strategic advice on the preparation of development schemes and technical advice on the expert evidence required to support applications and appeals. He regularly works with large teams on projects, including expert witnesses in a wide range of disciplines.

Graeme is recommended in Chambers & Partners 2017/18:

“Very detail-oriented and gets on really well with clients and planning consultants. He produces very strong work and is both very commercially astute and a real problem solver… thoroughly pragmatic, intelligent and experienced… able to effortlessly pull on case law from memory. He is very experienced in housing land supply issues and major housing appeals generally.”

In 2016/17: “Excellent in all he does: he’s very thorough, he gets the points very quickly and he provides very accurate advice to lay clients, who are helped to understand what to expect.” “Thorough diligent and extremely hard-working.”

In 2015/16: “Renowned for his handling of large public inquiries. He is also well known for the expertise he brings to matters involving CPOs… He is always a safe pair of hands, and is extremely knowledgeable and practical… He offers clear, concise advice, is sound in his tactics and takes a no-nonsense approach.”

Environment

Graeme has been instructed on a number of high profile Public Inquiries involving environmental matters (including Dibden Bay, USAF Upper Heyford. and Culworth Solar Farm) and he regularly advises on Environmental Impact Assessments and the content of Environmental Statements. Graeme also has expertise in defending environmental prosecutions in relation to matters such as waste disposal and pollution.

Compulsory Purchase

Graeme has considerable compulsory purchase experience, in particular at Inquiry, where he has promoted CPOs for a wide variety of developments including: housing; an academy; highways schemes; and regeneration projects. Graeme has also acted for objectors to CPOs, for example in relation to protecting commercial interests and heritage assets.

Public

His public law practice predominantly relates to planning and environmental matters. He has represented local authorities and private clients in the High Court, on a wide range of issues, for example, judicial review, statutory appeals, and injunctions for breach of enforcement notices.

Other

Graeme is a member of the Planning and Environment Bar Association, Administrative Law Bar Association and UK Environment Law association. He regularly gives papers at Landmark Seminars and has conducted seminars on Planning Law at University College London, on the M.Phil. Town and Country Planning Course, lectured for the Local Government Group, Central Law Training, the RTPI summer school, PINS training week and various other organisations. He also provides training for council members and officers.

Graeme is a graduate of King’s College London where he read Law. After graduation he attended the Inns of Court School of Law, Bar Vocational Course, and worked as a part-time lecturer in Constitutional Law at King’s College London.

Graeme’s main Practice Manager is Kevin Squires: 020 7421 1351; ksquires@landmarkchambers.co.uk

Qualifications

Graeme is a graduate of King’s College London where he read Law. After graduation he attended the Inns of Court School of Law, Bar Vocational Course, and worked as a part-time lecturer in Constitutional Law at King’s College London.

Graeme regularly gives papers at Landmark Seminars and has conducted seminars on Planning Law at University College London, on the M.Phil. Town and Country Planning Course, lectured for the Local Government Group, Central Law Training, the RTPI summer school, PINS training week and various other organisations.

Inquiries

Inquiries

Wycombe Local Plan Examination in Public

06/09/2018

Graeme represented Mr L Noe at the Examination in Public of the Wycombe Local Plan (July-September 2018), promoting a site proposed to be allocated for residential development in Bourne End. The allocation site is currently situated in the Green Belt and would require the alteration of the Green Belt boundary – a proposal strongly resisted by a number of objectors.

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Inquiries

Treetops, Guildford

06/07/2018

Graeme acted for CALA Homes South Home Counties Limited in an appeal against Guildford’s refusal of planning permission for the erection of 39 residential dwellings and listed building consent for the demolition of modern outbuildings, and the repair and refurbishment of a listed building, on previously developed land at Peasmarsh, on the outskirts of Guildford. Following a Hearing in June, the Inspector granted planning permission and listed building consent, having found that the proposal would have a greater impact on the openness of the Green Belt than the existing development, although the effect on the purpose of including land within it to safeguard against encroachment would be predominantly similar to the prevailing situation. Although the proposal was therefore inappropriate development in the Green Belt to which substantial weight should be given, the Inspector found that the only other harm was to the landscape character and that would substantially reduce over time. The very special circumstances necessary to allow the development included: the restoration of the listed building; the provision of housing, given the Council’s inability to demonstrate a 5 year housing land supply and the extent of the shortfall; the acute need for affordable housing; and the use of previously developed land in a borough where the emerging local plan proposes greenfield Green Belt release to meet housing need. Click here for the appeal decision.

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Inquiries

Earl Road, Handforth Dean

30/01/2018

Graeme represented Cheshire East Council at a planning inquiry into proposed retail development off Earl Road in Handforth Dean, which ran for 6 weeks between January and May 2018. The inquiry concerned 3 called-in applications by CPG Development Projects Ltd for 27,439m2 of retail and restaurants and a recovered appeal by Orbit Investments (Properties) Ltd in respect of 6,035m2 of retail. Cheshire East resolved to grant planning permission for the called-in applications and refused permission for the recovered appeal. Six parties were represented at the Inquiry: the Council; the Promoters of both schemes; Peel Holdings (Land and Property) Ltd; St Modwen Properties Plc; and Stockport Metropolitan Borough Council. The objections were made on the grounds of: (a) loss of employment land to retail; (b) a failure to comply with the sequential test for retail sites and a significant adverse impact on nearby town centres; (c) an unacceptable impact on the highway network and lack of sustainable transport options. The Inspector’s Report is expected to be sent to the Secretary of State in February 2019.

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Inquiries

Ford Lane, Yapton

12/12/2017

Graeme promoted the residential development of a site in West Sussex (for up to 100 dwellings) at a 3 day inquiry involving highways, noise, arboricultural and s.106 obligation issues. Appeal granted.

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Inquiries

Sandwich Road, Dover

28/11/2017

Graeme represented the local authority, defending a refusal of planning permission, at a 4 day inquiry involving housing land supply, landscape and planning policy issues. Appeal dismissed.

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Inquiries

Park Road, Willaston

31/10/2017

Graeme resisted the proposed residential development of land situated in a Strategic Green Gap and involving a detailed dispute over 5 year HLS, in the context of the then very recent adoption of a new Local Plan. Appeal dismissed.

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Inquiries

Barracks Mill Inquiry

11/07/2017

Graeme represented the local authority resisting out of centre retail development at a 5 day Inquiry, involving 3 parties.

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Inquiries

Moorfields, Willaston

23/05/2017

Graeme represented the local authority in relation to the appeal to develop land at Moorfields. The appeal scheme was a duplicate of one of the schemes that went to the Supreme Court in the Suffolk Coastal case.

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Inquiries

Wheeler St Nurseries

16/05/2017

Graeme promoted the residential development of a previously developed site in the Green Belt in Surrey at a 2 day hearing.

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Inquiries

Gibraltar Farm

21/03/2017

The Secretary of State has allowed an appeal against Medway District Council’s decision to refuse planning permission for 450 houses on a greenfield site at Gibraltar Farm, near Gillingham. Permission had been refused for a single reason relating to the impact of the proposal on a designated Area of Local Landscape Importance.

In granting permission, the Secretary of State noted that the Council accepted that it only had a housing land supply in the range of 2.21 to 2.79 years, and agreed with the Inspector that the shortfall in five year housing land supply was so great and the pressure on sites so significant, that it was inevitable that Greenfield land would have to be developed. Although the proposed development would harm the character and appearance of the immediate area and, therefore, fail to accord with the provisions of policies of the Local Plan, these policies were out of date, and should only be afforded limited weight. The harm would not represent a critical harm to the function of the ALLI taken as a whole.  Significant weight was attached to the provision of 25% affordable housing, and the economic benefits of the scheme.

The overall positive balance for the economic and social strands of sustainability from the development contrasted with the environmental role where there was clear harm to this area of countryside which is locally designated for protection. However, the development would not lead to coalescence between settlements or critical harm to the ALLI’s function. The sustainability of the appeal scheme along with the fact that the relevant policies for the supply of housing land in Medway were out of date, outweighed the landscape harm and other harm, and the adverse impacts of the scheme did not significantly and demonstrably outweigh its benefits when assessed against the policies of the Framework taken as a whole.

Paul Brown QC acted for the Appellant; Graeme Keen acted for the Local Planning Authority.

A copy of the decision letter can be found here.

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Inquiries

Cromwell Road Hearing

01/09/2016

Graeme represented Pizza Express, promoting the change of use of a bank to restaurant in Kensington. The case involved detailed examination of the effect of the development on a Conservation Area and the noise and highways impacts. Permission granted.

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Inquiries

Guildford College Hearing

01/06/2016

Graeme represented the College promoting a residential scheme of 14 dwellings in Farnham. An unusual feature of the case was that the land included 3 dilapidated tennis courts and it was necessary to show that a suitable alternative Multi Area Games Facility could be provided and secured. The mechanism (planning obligation or condition) to secure provision was also in issue. Permission granted (with appropriately worded condition imposed).

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Inquiries

Harman Technologies Inquiry

01/05/2016

Graeme represented the local planning authority at a 7 day Inquiry, in May 2016, defending the refusal of planning permission for a large mixed use development for 375 dwellings and 20,000m2 of employment space. The site was under one of the preferred noise routes for aircraft departing and arriving at Manchester International Airport and the main issue was the impact on amenity of future residents in relation to aircraft noise. Detailed cross-examination of international noise experts demonstrated that there would be material adverse effects on residential amenity that would not be capable of adequate mitigation. Appeal dismissed.

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Inquiries

London Road and Abbey Road Inquiries

01/04/2016

Graeme represented the local planning authority at two 4 day Inquiries, defending the refusal of planning permission for 190 and 165 dwelling schemes in areas where neighbourhood plans had very recently been made. The appeals were recovered by the Secretary of State, who granted planning permission, primarily because of the housing land supply position.

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Inquiries

Moor Street Inquiry

01/03/2016

Graeme represented the local planning authority at a 6 day Inquiry, defending the refusal of planning permission for 200 dwellings on the edge of Rainham. The case involved detailed planning policy, housing land supply, heritage, landscape and highways issues and extensive cross-examination of the relevant experts in each topic, and legal submissions, in particular as to the approach to assessing heritage impact. The appeal was dismissed because of the harm to the setting of nearby listed buildings and a conservation area.

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Inquiries

Church Lane Wistaston

04/02/2016

Graeme represented the local planning authority (at a 2 day Hearing), defending a recovered appeal against non-determination for a scheme of up to 300 dwellings in Wistaston. The appeal scheme is a duplicate of a scheme recovered by the Secretary of State and refused permission in 2015 for a number of reasons, including: erosion of a Green Gap; landscape harm; loss of best and most versatile agricultural land; the fact that the site was promoted for inclusion within an area promoted for Green Belt designation in an emerging local plan; and on prematurity grounds (on the Green Belt issue). Since that decision, the local authority decided not to promote the Green Belt designation and the main issue at appeal related to the planning balance, once the Green Belt/prematurity point was removed. Permission granted by SoS.

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Inquiries

Hoover Building

12/01/2016

Graeme represented the appellant, promoting 2 alternative schemes for the conversion (from office use to residential) of the iconic Grade II* Art Deco Hoover Building on the A40, The Appeal schemes involved detailed heritage and design assessment. In addition to the sensitive heritage issues, the Inquiry involved scrutiny of viability assessments in relation to the extent of any of-site affordable housing contribution. Planning permission granted for both schemes (and Listed Building Consent).

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Inquiries

Park Road, Willaston

24/11/2015

4 day Inquiry. Graeme represented the local planning authority defending the refusal of planning permission for the residential development of rural land for 175 dwellings. The Inquiry involved detailed examination of issues relating to planning policy, landscape and visual (including impact on a designated Green Gap) and best and most versatile agricultural land. Appeal dismissed.

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Inquiries

Clay Lane, Yapton

07/07/2015

4 day Inquiry (appeal recovered by Secretary of State). Graeme promoted the residential development of the site (a large area of greenfield land on the edge of a village in W Sussex) for up to 100 dwellings and a large area of public open space. The Inquiry involved detailed heritage issues (the site is within the setting of a Grade I listed church and a conservation area), planning policy, housing land supply, landscape and visual impact and archaeology. The appeal was recovered by the SoS primarily because it was contrary to a Neighbourhood Plan (which had recently been “made” by the date of the Inquiry). The Inspector appointed to hold the Inquiry recommended permission be granted. Despite accepting the Inspector’s conclusions as to all the other main issues, the Secretary of State refused permission solely on the basis of conflict with an out of date neighbourhood plan policy. S.288 challenge dismissed in March 2017.

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Inquiries

Shaw Drive, Scartho

23/06/2015

6 day Inquiry. Graeme appeared on behalf of the local planning authority defending the refusal of planning permission for 160 dwellings on a greenfield site within a Strategic Gap. The Inquiry involved issues relating to planning policy, housing land supply, landscape and visual impact and highways impact on the local road network. Permission granted.

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Inquiries

Commissioners Road, Strood

02/12/2014

Appeal in relation to refusal of planning permission to develop an area of protected open space for commercial buildings. The main issues related to the loss of open space (in circumstances where the owner had prevented access for several years) and employment land supply. Graeme represented Medway in opposing the appeal. Appeal dismissed.

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Inquiries

Allington Lane, Fair Oak

18/11/2014

Planning appeal for residential development on site near Eastleigh. Multiple issues including planning policy, 5 year housing land supply and ecology. Graeme promoted the scheme on behalf of the Portsmouth Roman Catholic Diocesan Trustees. Permission granted on appeal.

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Inquiries

West End Farm, Chipping Norton

14/10/2014

Planning appeal in relation to proposed residential development on edge of Chipping Norton. Inquiry involved detailed evidence on planning policy, housing land supply, impact on an Area of Outstanding Natural Beauty and a Grade II* Listed Mill building. Graeme represented the Council in opposing the appeal. Appeal dismissed, despite lack of 5 year housing land supply, because of harm to AONB and setting of the listed building.

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Inquiries

Liverpool Welsh Streets Planning and CPO Inquiries

17/06/2014

Called-in hybrid planning application and compulsory purchase order Inquiry – controversial demolition of housing in several streets in a renewal area and regeneration with modern residential scheme. David Elvin QC and Graeme Keen QC represented Liverpool City Council and Plus Dane Group. Inquiry involved detailed planning, alternatives, deliverability, urban design, and heritage evidence in particular. Main objector – SAVE Britain’s Heritage. In January 2015, the SoS decided to refuse permission and did not confirm the CPO – both decisions were the subject of a High Court challenge, that was withdrawn in December 2015.

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Inquiries

Chatham Waters

28/01/2014

Reserved matters appeal by Peel Land and Property (Ports) in relation to a very large mixed use regeneration development of part of Chatham docks. The issues related to appearance, landscaping, layout and scale and involved expert evidence from several architects and urban design witnesses. Graeme represented the Council in opposing the appeal. Appeal dismissed.

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Inquiries

Foreman Road & Kingston House, Ash

26/11/2013

The appeal raised environmental issues, in relation to the effect of the development on the Thames Basin Heath Special Protection Area – in particular: the need for appropriate assessment pursuant to the Habitats Regulations; and securing the provision of suitable alternative natural green space. Graeme represented the developer appellants at two Hearings. Permission granted on both appeals.

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Inquiries

Babbacombe Road, Torquay

31/10/2013

Graeme promoted an application for the conversion of a disused out of town DIY store to a Morrisons food store. The appeal involved detailed analysis of the sequential test and impact on the vitality and viability of various centres, highways and design issues.

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Inquiries

Woodgate Centre Public Inquiry

01/09/2013

Graeme Keen promoted an outline planning application for up to 85 dwellings in West Sussex. The case involved detailed examination of the sustainability, highways and infrastructure issues.

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Inquiries

Culworth Photovoltaic Park Inquiry (November 2011/March & October 2012)

01/10/2012

The first appeal heard at Inquiry in relation to an application for planning permission for a solar photovoltaic park (on 7.7ha of farmland in Northamptonshire). Appeal recovered by Secretary of State because he considered it to involve proposals of major significance for the delivery of the Government’s climate change programme and energy policies. Involved detailed examination of planning, landscape and visual, renewable energy and grid connection issues and extensive legal submissions on EIA matters. Graeme was instructed by the owners and promoters of the scheme, which was opposed by the local planning authority and a local residents’ group. The Secretary of State allowed the appeal and granted planning permission on 4th March 2013.

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Inquiries

Freckleton Link Road CPO and SRO Inquiry

01/09/2012

Public Inquiry into proposed compulsory purchase and side road orders made by Blackburn with Darwen Council to complete a section of an orbital link road. Graeme Keen promoted the orders on behalf of the Council as Acquiring Authority and advised on negotiations with objectors in the lead up to the Inquiry. The Inquiry involved detailed planning and highways issues and the scheme was controversial because it required the demolition of a listed building (for which consent has been obtained from the Secretary of State) and the exhumation of bodies from a decommissioned graveyard. The CPO and SRO were confirmed by the Secretary of State on 26th February 2013. Since confirmation, Graeme has continued to advise the Authority in connection with the exhumation process.

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Inquiries

The Curve Slough CPO Inquiry

04/01/2012

CPO Inquiry, promoting the acquisition of land in Slough town centre for the construction of a new library and cultural centre in a landmark building, known as “the Curve”, as part of the Heart of Slough Regeneration Project. Graeme was led by Neil King QC. The CPO was confirmed by the Secretary of State in August 2012.

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Inquiries

Sedgemoor Game Farm

12/12/2011

Graeme was instructed on behalf of the owner of a Game Farm in relation to an enforcement notice issued by the local planning authority, alleging a breach of planning control in respect of manufacturing activities carried out on site. The case involved cross examination of planning and highways witnesses and witnesses of fact.

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Inquiries

Bridlington AAP Examination

01/12/2011

Graeme was instructed on behalf of East Riding of Yorkshire Council to appear at the Examination Hearing of the Bridlington Town Centre Area Action Plan 2011-2021.

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Inquiries

Athelstan Way Inquiry

01/10/2011

Graeme represented West Sussex CC Capital Asset Management in its appeal against the refusal of Horsham DC to grant outline planning permission for up to 70 dwellings. The case involved detailed cross examination of expert planning, housing land supply and landscape architect witnesses.

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Inquiries

London Road Fire Station CPO Inquiry

01/06/2011

Graeme Keen, led by David Elvin QC represented Britannia Hotels in opposing Manchester City Council’s attempt to compulsorily purchase the London Road Fire Station in Manchester’s Piccadilly district. The CPO was made by MCC less than 2 months before it granted permission and listed building consent to Britannia for the conversion of the building into a 4* hotel and despite MCC and English Heritage being satisfied that this was an appropriate reuse of the building and that Britannia had the funds and the experience to carry out the development. MCC had sought an implementation agreement and step-in rights/option to acquire as a minimum in order not to proceed with a CPO. The inquiry opened in April this year and sat for 11 days on several dates between then and July, hearing detailed evidence on planning, heritage, structural, construction programming and corporate issues.

On 29 November 2011, the Secretary of State decided not to confirm the CPO.

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Inquiries

Porthmadog Gas Works

01/09/2010

Graeme Keen represented the Ffestiniog Railway Company (the Acquiring Authority) at an appeal in relation to an application by Hampshire Developments Limited for a Certificate of Appropriate Alternative Development pursuant to s18 of the Land Compensation Act 1961. The case involved cross-examination of planning evidence and the detailed legal submissions in relation to theoretical development alternatives (to the compulsory purchase scheme) which could have been permitted on the land (in 1997 or 1999), if it had not been compulsorily acquired for the construction of a light railway line.

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Inquiries

Preston Tithebarn Inquiry

28/05/2010

A six week inquiry into the call-in of the Preston Tithebarn scheme which aimed to regenerate Preston City Centre by the development of 252,800 sqm of floorspace which sought the comprehensive redevelopment of the Heart of the Tithebarn Regeneration Area comprising retail and ancillary uses, financial and professional services,  food and drink, residential, business workspace, a hotel, leisure uses including a cinema, bus transport interchange, substations, storage, car and cycle parking, vehicular access, servicing facilities, highway works, plant and machinery,  landscaping, enabling works and works to make good existing structures where they interface the new development. The scheme included the renovation and reuse of the two historic market areas of the city.

The proposals were opposed by a consortium of local authorities including Blackpool and Blackburn with Darwen Borough Councils who argued that the proposals for comparison retail (some 52,000 sqm net) would be too large and would seriously damage Blackpool and Blackburn and their own regeneration prospects.

Graeme Keen (led by David Elvin QC) represents the Preston Tithebarn Partnership/Lend Lease, the developer.

Christopher Katkowski QC represents the Opposition Consortium of Authorities.

For further details please click here

Planning permission was granted by the Secretary of State on the 22 November 2011.

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Inquiries

Carland Cross Wind Farm

10/11/2009

Graeme represented the new Unitary Authority, Cornwall Council at the Public Inquiry held between 10th-17th November 2009 resisting an appeal by Scottish Power Renewable Energy Limited  to “re-power” the existing wind farm. The main issues involved noise and landscape impact.

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Inquiries

McMullens Brewery

21/09/2009

Graeme represented Hertfordshire County Council as Highway Authority, opposing a proposed Sainsbury’s Supermarket on the site of the McMullens Brewery in Hertford at an Inquiry held between 22nd-30th September 2009. The main issue related to detailed and highly technical issues of junction modelling, in terms of traffic impact on the town centre and on local residents.

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Inquiries

Land adjacent to Abercynon South railway station

01/07/2009

Graeme represented the owners of land which had been compulsorily acquired for a Park and Ride Scheme at an appeal under s.18 of the Land Compensation Act 1961, in respect of an application for a Certificate of Appropriate Alternative Development, at an Inquiry held in July 2009. The appeal related to the whether conditions imposed on a Certificate granted by the Acquiring Authority which restrict residential or storage and distribution development on site until a new bridge over a railway line is provided, are onerous and unjustified.

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Inquiries

Kensington High Street

03/03/2009

An Inspector has granted planning permission for the redevelopment and demolition of the 4th and 5th floors of a large office block on Kensington High Street, opposite Holland Park, to provide 2 new floors for residential use (comprising 4 large apartments), without requiring Affordable Housing provision either on or off-site.

The contentious issue in this case was whether the appeal site would have the capacity to provide 10 or more smaller units for residential accommodation (per Policy 3A.10 and 3A.11 and the proper application of the density matrix at Table 3A.2 of the London Plan).

Graeme Keen appeared on behalf of Lionsgate Properties Limited.

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Inquiries

Former RAF Upper Heyford, Bicester, Oxfordshire

01/10/2008

A 5 week call-in Inquiry in October 08, January and March 2009 into a massive redevelopment scheme, promoted by the North Oxford Consortium (represented by Martin Kingston QC), for a 505 hectare site at former US airforce base.

During the Cold War, the site was one of the largest US Air Force bases in Europe and most of the military infrastructure remains, including a battle command centre, bomb stores and 56 hardened aircraft shelters. The proposal was for a new settlement of 1,075 dwellings together with associated works and facilities, including employment uses, community uses, a primary school, playing fields and other physical and social infrastructure. In addition to the housing, employment and sustainability elements of the proposals, there were significant conservation and heritage issues, relating to scheduled monuments and listed buildings on the site, which has also been designated a Conservation Area. Graeme was jointly instructed (leading Gwion Lewis) by Cherwell District Council and Oxford County Council. The Councils opposed the scheme because it conflicted with a Comprehensive Development Brief prepared by Cherwell to achieve strategic long term objectives for the site. A large number of related enforcement and temporary planning permission appeals have been adjourned and remain to be determined.

It is generating considerable media interest: the BBCs coveragecan be followed here.

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Inquiries

RAF Upper Heyford, Bicester, Oxfordshire

30/09/2008

Appeal against the refusal of planning permission for the development of 1075 houses and the conversion of aircraft hangars into employment use on the site of the largest remaining Cold War airbase in the UK.

Gwion Lewis appeared alongside Graeme Keen for the local planning authority, Cherwell District Council, and Oxfordshire County Council.

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Inquiries

Ifield Community College Public Inquiry (October and December 2007 and January 2008)

01/01/2008

Graeme was instructed West Sussex County Council and successfully promoted a large scheme for the redevelopment of surplus educational land in Crawley for 170 dwellinghouses, a Doctors Surgery, Care Home and Charity Centre. The scheme was opposed by Persimmon Homes and the Borough Council.

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Inquiries

Darwen Academy CPO Inquiry

01/01/2007

A 3 week Inquiry into the compulsory purchase of residential and commercial premises in Darwen to enable a new Academy school to be built and to facilitate town centre regeneration.

Graeme was led by David Elvin QC.

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Inquiries

Chalfont Lodge Nursing Home Inquiry

01/11/2006

Four day Inquiry into an appeal, brought by Barchester Healthcare, a large UK care home provider, (which instructed Paul Tucker) seeking a major extension to a nursing home in the Green Belt to provide a state of the art home for young physically disabled people, in need of full time care and highly intensive medical and therapeutic support. Instructed by Solicitor to Chiltern District Council to defend the Council’s decision to refuse permission at appeal. The case was important because it involved a detailed consideration of “very special circumstances” to justify development in the Green Belt and Alternatives. Handling the case involved very sensitive consideration of the medical situation of some very vulnerable people. The appeal was dismissed in November 2006.

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Inquiries

Burnham-on-Sea Tesco Inquiry

01/05/2006

Graeme was instructed on behalf of Somerfield, successfully objecting to a proposed large extension to a Tesco store in Burnham-on-Sea. Patrick Clarkson QC appeared for Tesco and Stephen Sauvain QC for Asda.

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Inquiries

Bristol CPO

01/06/2004

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Inquiries

Promotion of the New Forest District Local Plan First Alteration (Sep-Dec 2003)

01/12/2003

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Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

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Articles and Presentations

Inquiries

Wycombe Local Plan Examination in Public

06/09/2018

Graeme represented Mr L Noe at the Examination in Public of the Wycombe Local Plan (July-September 2018), promoting a site proposed to be allocated for residential development in Bourne End. The allocation site is currently situated in the Green Belt and would require the alteration of the Green Belt boundary – a proposal strongly resisted by a number of objectors.

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Inquiries

Treetops, Guildford

06/07/2018

Graeme acted for CALA Homes South Home Counties Limited in an appeal against Guildford’s refusal of planning permission for the erection of 39 residential dwellings and listed building consent for the demolition of modern outbuildings, and the repair and refurbishment of a listed building, on previously developed land at Peasmarsh, on the outskirts of Guildford. Following a Hearing in June, the Inspector granted planning permission and listed building consent, having found that the proposal would have a greater impact on the openness of the Green Belt than the existing development, although the effect on the purpose of including land within it to safeguard against encroachment would be predominantly similar to the prevailing situation. Although the proposal was therefore inappropriate development in the Green Belt to which substantial weight should be given, the Inspector found that the only other harm was to the landscape character and that would substantially reduce over time. The very special circumstances necessary to allow the development included: the restoration of the listed building; the provision of housing, given the Council’s inability to demonstrate a 5 year housing land supply and the extent of the shortfall; the acute need for affordable housing; and the use of previously developed land in a borough where the emerging local plan proposes greenfield Green Belt release to meet housing need. Click here for the appeal decision.

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Inquiries

Earl Road, Handforth Dean

30/01/2018

Graeme represented Cheshire East Council at a planning inquiry into proposed retail development off Earl Road in Handforth Dean, which ran for 6 weeks between January and May 2018. The inquiry concerned 3 called-in applications by CPG Development Projects Ltd for 27,439m2 of retail and restaurants and a recovered appeal by Orbit Investments (Properties) Ltd in respect of 6,035m2 of retail. Cheshire East resolved to grant planning permission for the called-in applications and refused permission for the recovered appeal. Six parties were represented at the Inquiry: the Council; the Promoters of both schemes; Peel Holdings (Land and Property) Ltd; St Modwen Properties Plc; and Stockport Metropolitan Borough Council. The objections were made on the grounds of: (a) loss of employment land to retail; (b) a failure to comply with the sequential test for retail sites and a significant adverse impact on nearby town centres; (c) an unacceptable impact on the highway network and lack of sustainable transport options. The Inspector’s Report is expected to be sent to the Secretary of State in February 2019.

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Inquiries

Ford Lane, Yapton

12/12/2017

Graeme promoted the residential development of a site in West Sussex (for up to 100 dwellings) at a 3 day inquiry involving highways, noise, arboricultural and s.106 obligation issues. Appeal granted.

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Inquiries

Sandwich Road, Dover

28/11/2017

Graeme represented the local authority, defending a refusal of planning permission, at a 4 day inquiry involving housing land supply, landscape and planning policy issues. Appeal dismissed.

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Inquiries

Park Road, Willaston

31/10/2017

Graeme resisted the proposed residential development of land situated in a Strategic Green Gap and involving a detailed dispute over 5 year HLS, in the context of the then very recent adoption of a new Local Plan. Appeal dismissed.

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Inquiries

Barracks Mill Inquiry

11/07/2017

Graeme represented the local authority resisting out of centre retail development at a 5 day Inquiry, involving 3 parties.

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Inquiries

Moorfields, Willaston

23/05/2017

Graeme represented the local authority in relation to the appeal to develop land at Moorfields. The appeal scheme was a duplicate of one of the schemes that went to the Supreme Court in the Suffolk Coastal case.

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Inquiries

Wheeler St Nurseries

16/05/2017

Graeme promoted the residential development of a previously developed site in the Green Belt in Surrey at a 2 day hearing.

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Inquiries

Gibraltar Farm

21/03/2017

The Secretary of State has allowed an appeal against Medway District Council’s decision to refuse planning permission for 450 houses on a greenfield site at Gibraltar Farm, near Gillingham. Permission had been refused for a single reason relating to the impact of the proposal on a designated Area of Local Landscape Importance.

In granting permission, the Secretary of State noted that the Council accepted that it only had a housing land supply in the range of 2.21 to 2.79 years, and agreed with the Inspector that the shortfall in five year housing land supply was so great and the pressure on sites so significant, that it was inevitable that Greenfield land would have to be developed. Although the proposed development would harm the character and appearance of the immediate area and, therefore, fail to accord with the provisions of policies of the Local Plan, these policies were out of date, and should only be afforded limited weight. The harm would not represent a critical harm to the function of the ALLI taken as a whole.  Significant weight was attached to the provision of 25% affordable housing, and the economic benefits of the scheme.

The overall positive balance for the economic and social strands of sustainability from the development contrasted with the environmental role where there was clear harm to this area of countryside which is locally designated for protection. However, the development would not lead to coalescence between settlements or critical harm to the ALLI’s function. The sustainability of the appeal scheme along with the fact that the relevant policies for the supply of housing land in Medway were out of date, outweighed the landscape harm and other harm, and the adverse impacts of the scheme did not significantly and demonstrably outweigh its benefits when assessed against the policies of the Framework taken as a whole.

Paul Brown QC acted for the Appellant; Graeme Keen acted for the Local Planning Authority.

A copy of the decision letter can be found here.

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Inquiries

Cromwell Road Hearing

01/09/2016

Graeme represented Pizza Express, promoting the change of use of a bank to restaurant in Kensington. The case involved detailed examination of the effect of the development on a Conservation Area and the noise and highways impacts. Permission granted.

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Inquiries

Guildford College Hearing

01/06/2016

Graeme represented the College promoting a residential scheme of 14 dwellings in Farnham. An unusual feature of the case was that the land included 3 dilapidated tennis courts and it was necessary to show that a suitable alternative Multi Area Games Facility could be provided and secured. The mechanism (planning obligation or condition) to secure provision was also in issue. Permission granted (with appropriately worded condition imposed).

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Inquiries

Harman Technologies Inquiry

01/05/2016

Graeme represented the local planning authority at a 7 day Inquiry, in May 2016, defending the refusal of planning permission for a large mixed use development for 375 dwellings and 20,000m2 of employment space. The site was under one of the preferred noise routes for aircraft departing and arriving at Manchester International Airport and the main issue was the impact on amenity of future residents in relation to aircraft noise. Detailed cross-examination of international noise experts demonstrated that there would be material adverse effects on residential amenity that would not be capable of adequate mitigation. Appeal dismissed.

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Inquiries

London Road and Abbey Road Inquiries

01/04/2016

Graeme represented the local planning authority at two 4 day Inquiries, defending the refusal of planning permission for 190 and 165 dwelling schemes in areas where neighbourhood plans had very recently been made. The appeals were recovered by the Secretary of State, who granted planning permission, primarily because of the housing land supply position.

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Inquiries

Moor Street Inquiry

01/03/2016

Graeme represented the local planning authority at a 6 day Inquiry, defending the refusal of planning permission for 200 dwellings on the edge of Rainham. The case involved detailed planning policy, housing land supply, heritage, landscape and highways issues and extensive cross-examination of the relevant experts in each topic, and legal submissions, in particular as to the approach to assessing heritage impact. The appeal was dismissed because of the harm to the setting of nearby listed buildings and a conservation area.

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Inquiries

Church Lane Wistaston

04/02/2016

Graeme represented the local planning authority (at a 2 day Hearing), defending a recovered appeal against non-determination for a scheme of up to 300 dwellings in Wistaston. The appeal scheme is a duplicate of a scheme recovered by the Secretary of State and refused permission in 2015 for a number of reasons, including: erosion of a Green Gap; landscape harm; loss of best and most versatile agricultural land; the fact that the site was promoted for inclusion within an area promoted for Green Belt designation in an emerging local plan; and on prematurity grounds (on the Green Belt issue). Since that decision, the local authority decided not to promote the Green Belt designation and the main issue at appeal related to the planning balance, once the Green Belt/prematurity point was removed. Permission granted by SoS.

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Inquiries

Hoover Building

12/01/2016

Graeme represented the appellant, promoting 2 alternative schemes for the conversion (from office use to residential) of the iconic Grade II* Art Deco Hoover Building on the A40, The Appeal schemes involved detailed heritage and design assessment. In addition to the sensitive heritage issues, the Inquiry involved scrutiny of viability assessments in relation to the extent of any of-site affordable housing contribution. Planning permission granted for both schemes (and Listed Building Consent).

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Inquiries

Park Road, Willaston

24/11/2015

4 day Inquiry. Graeme represented the local planning authority defending the refusal of planning permission for the residential development of rural land for 175 dwellings. The Inquiry involved detailed examination of issues relating to planning policy, landscape and visual (including impact on a designated Green Gap) and best and most versatile agricultural land. Appeal dismissed.

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Inquiries

Clay Lane, Yapton

07/07/2015

4 day Inquiry (appeal recovered by Secretary of State). Graeme promoted the residential development of the site (a large area of greenfield land on the edge of a village in W Sussex) for up to 100 dwellings and a large area of public open space. The Inquiry involved detailed heritage issues (the site is within the setting of a Grade I listed church and a conservation area), planning policy, housing land supply, landscape and visual impact and archaeology. The appeal was recovered by the SoS primarily because it was contrary to a Neighbourhood Plan (which had recently been “made” by the date of the Inquiry). The Inspector appointed to hold the Inquiry recommended permission be granted. Despite accepting the Inspector’s conclusions as to all the other main issues, the Secretary of State refused permission solely on the basis of conflict with an out of date neighbourhood plan policy. S.288 challenge dismissed in March 2017.

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Inquiries

Shaw Drive, Scartho

23/06/2015

6 day Inquiry. Graeme appeared on behalf of the local planning authority defending the refusal of planning permission for 160 dwellings on a greenfield site within a Strategic Gap. The Inquiry involved issues relating to planning policy, housing land supply, landscape and visual impact and highways impact on the local road network. Permission granted.

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Inquiries

Commissioners Road, Strood

02/12/2014

Appeal in relation to refusal of planning permission to develop an area of protected open space for commercial buildings. The main issues related to the loss of open space (in circumstances where the owner had prevented access for several years) and employment land supply. Graeme represented Medway in opposing the appeal. Appeal dismissed.

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Inquiries

Allington Lane, Fair Oak

18/11/2014

Planning appeal for residential development on site near Eastleigh. Multiple issues including planning policy, 5 year housing land supply and ecology. Graeme promoted the scheme on behalf of the Portsmouth Roman Catholic Diocesan Trustees. Permission granted on appeal.

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Inquiries

West End Farm, Chipping Norton

14/10/2014

Planning appeal in relation to proposed residential development on edge of Chipping Norton. Inquiry involved detailed evidence on planning policy, housing land supply, impact on an Area of Outstanding Natural Beauty and a Grade II* Listed Mill building. Graeme represented the Council in opposing the appeal. Appeal dismissed, despite lack of 5 year housing land supply, because of harm to AONB and setting of the listed building.

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Inquiries

Liverpool Welsh Streets Planning and CPO Inquiries

17/06/2014

Called-in hybrid planning application and compulsory purchase order Inquiry – controversial demolition of housing in several streets in a renewal area and regeneration with modern residential scheme. David Elvin QC and Graeme Keen QC represented Liverpool City Council and Plus Dane Group. Inquiry involved detailed planning, alternatives, deliverability, urban design, and heritage evidence in particular. Main objector – SAVE Britain’s Heritage. In January 2015, the SoS decided to refuse permission and did not confirm the CPO – both decisions were the subject of a High Court challenge, that was withdrawn in December 2015.

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Inquiries

Chatham Waters

28/01/2014

Reserved matters appeal by Peel Land and Property (Ports) in relation to a very large mixed use regeneration development of part of Chatham docks. The issues related to appearance, landscaping, layout and scale and involved expert evidence from several architects and urban design witnesses. Graeme represented the Council in opposing the appeal. Appeal dismissed.

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Inquiries

Foreman Road & Kingston House, Ash

26/11/2013

The appeal raised environmental issues, in relation to the effect of the development on the Thames Basin Heath Special Protection Area – in particular: the need for appropriate assessment pursuant to the Habitats Regulations; and securing the provision of suitable alternative natural green space. Graeme represented the developer appellants at two Hearings. Permission granted on both appeals.

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Inquiries

Babbacombe Road, Torquay

31/10/2013

Graeme promoted an application for the conversion of a disused out of town DIY store to a Morrisons food store. The appeal involved detailed analysis of the sequential test and impact on the vitality and viability of various centres, highways and design issues.

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Inquiries

Woodgate Centre Public Inquiry

01/09/2013

Graeme Keen promoted an outline planning application for up to 85 dwellings in West Sussex. The case involved detailed examination of the sustainability, highways and infrastructure issues.

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Inquiries

Culworth Photovoltaic Park Inquiry (November 2011/March & October 2012)

01/10/2012

The first appeal heard at Inquiry in relation to an application for planning permission for a solar photovoltaic park (on 7.7ha of farmland in Northamptonshire). Appeal recovered by Secretary of State because he considered it to involve proposals of major significance for the delivery of the Government’s climate change programme and energy policies. Involved detailed examination of planning, landscape and visual, renewable energy and grid connection issues and extensive legal submissions on EIA matters. Graeme was instructed by the owners and promoters of the scheme, which was opposed by the local planning authority and a local residents’ group. The Secretary of State allowed the appeal and granted planning permission on 4th March 2013.

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Inquiries

Freckleton Link Road CPO and SRO Inquiry

01/09/2012

Public Inquiry into proposed compulsory purchase and side road orders made by Blackburn with Darwen Council to complete a section of an orbital link road. Graeme Keen promoted the orders on behalf of the Council as Acquiring Authority and advised on negotiations with objectors in the lead up to the Inquiry. The Inquiry involved detailed planning and highways issues and the scheme was controversial because it required the demolition of a listed building (for which consent has been obtained from the Secretary of State) and the exhumation of bodies from a decommissioned graveyard. The CPO and SRO were confirmed by the Secretary of State on 26th February 2013. Since confirmation, Graeme has continued to advise the Authority in connection with the exhumation process.

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Inquiries

The Curve Slough CPO Inquiry

04/01/2012

CPO Inquiry, promoting the acquisition of land in Slough town centre for the construction of a new library and cultural centre in a landmark building, known as “the Curve”, as part of the Heart of Slough Regeneration Project. Graeme was led by Neil King QC. The CPO was confirmed by the Secretary of State in August 2012.

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Inquiries

Sedgemoor Game Farm

12/12/2011

Graeme was instructed on behalf of the owner of a Game Farm in relation to an enforcement notice issued by the local planning authority, alleging a breach of planning control in respect of manufacturing activities carried out on site. The case involved cross examination of planning and highways witnesses and witnesses of fact.

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Inquiries

Bridlington AAP Examination

01/12/2011

Graeme was instructed on behalf of East Riding of Yorkshire Council to appear at the Examination Hearing of the Bridlington Town Centre Area Action Plan 2011-2021.

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Inquiries

Athelstan Way Inquiry

01/10/2011

Graeme represented West Sussex CC Capital Asset Management in its appeal against the refusal of Horsham DC to grant outline planning permission for up to 70 dwellings. The case involved detailed cross examination of expert planning, housing land supply and landscape architect witnesses.

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Inquiries

London Road Fire Station CPO Inquiry

01/06/2011

Graeme Keen, led by David Elvin QC represented Britannia Hotels in opposing Manchester City Council’s attempt to compulsorily purchase the London Road Fire Station in Manchester’s Piccadilly district. The CPO was made by MCC less than 2 months before it granted permission and listed building consent to Britannia for the conversion of the building into a 4* hotel and despite MCC and English Heritage being satisfied that this was an appropriate reuse of the building and that Britannia had the funds and the experience to carry out the development. MCC had sought an implementation agreement and step-in rights/option to acquire as a minimum in order not to proceed with a CPO. The inquiry opened in April this year and sat for 11 days on several dates between then and July, hearing detailed evidence on planning, heritage, structural, construction programming and corporate issues.

On 29 November 2011, the Secretary of State decided not to confirm the CPO.

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Inquiries

Porthmadog Gas Works

01/09/2010

Graeme Keen represented the Ffestiniog Railway Company (the Acquiring Authority) at an appeal in relation to an application by Hampshire Developments Limited for a Certificate of Appropriate Alternative Development pursuant to s18 of the Land Compensation Act 1961. The case involved cross-examination of planning evidence and the detailed legal submissions in relation to theoretical development alternatives (to the compulsory purchase scheme) which could have been permitted on the land (in 1997 or 1999), if it had not been compulsorily acquired for the construction of a light railway line.

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Inquiries

Preston Tithebarn Inquiry

28/05/2010

A six week inquiry into the call-in of the Preston Tithebarn scheme which aimed to regenerate Preston City Centre by the development of 252,800 sqm of floorspace which sought the comprehensive redevelopment of the Heart of the Tithebarn Regeneration Area comprising retail and ancillary uses, financial and professional services,  food and drink, residential, business workspace, a hotel, leisure uses including a cinema, bus transport interchange, substations, storage, car and cycle parking, vehicular access, servicing facilities, highway works, plant and machinery,  landscaping, enabling works and works to make good existing structures where they interface the new development. The scheme included the renovation and reuse of the two historic market areas of the city.

The proposals were opposed by a consortium of local authorities including Blackpool and Blackburn with Darwen Borough Councils who argued that the proposals for comparison retail (some 52,000 sqm net) would be too large and would seriously damage Blackpool and Blackburn and their own regeneration prospects.

Graeme Keen (led by David Elvin QC) represents the Preston Tithebarn Partnership/Lend Lease, the developer.

Christopher Katkowski QC represents the Opposition Consortium of Authorities.

For further details please click here

Planning permission was granted by the Secretary of State on the 22 November 2011.

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Inquiries

Carland Cross Wind Farm

10/11/2009

Graeme represented the new Unitary Authority, Cornwall Council at the Public Inquiry held between 10th-17th November 2009 resisting an appeal by Scottish Power Renewable Energy Limited  to “re-power” the existing wind farm. The main issues involved noise and landscape impact.

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Inquiries

McMullens Brewery

21/09/2009

Graeme represented Hertfordshire County Council as Highway Authority, opposing a proposed Sainsbury’s Supermarket on the site of the McMullens Brewery in Hertford at an Inquiry held between 22nd-30th September 2009. The main issue related to detailed and highly technical issues of junction modelling, in terms of traffic impact on the town centre and on local residents.

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Inquiries

Land adjacent to Abercynon South railway station

01/07/2009

Graeme represented the owners of land which had been compulsorily acquired for a Park and Ride Scheme at an appeal under s.18 of the Land Compensation Act 1961, in respect of an application for a Certificate of Appropriate Alternative Development, at an Inquiry held in July 2009. The appeal related to the whether conditions imposed on a Certificate granted by the Acquiring Authority which restrict residential or storage and distribution development on site until a new bridge over a railway line is provided, are onerous and unjustified.

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Inquiries

Kensington High Street

03/03/2009

An Inspector has granted planning permission for the redevelopment and demolition of the 4th and 5th floors of a large office block on Kensington High Street, opposite Holland Park, to provide 2 new floors for residential use (comprising 4 large apartments), without requiring Affordable Housing provision either on or off-site.

The contentious issue in this case was whether the appeal site would have the capacity to provide 10 or more smaller units for residential accommodation (per Policy 3A.10 and 3A.11 and the proper application of the density matrix at Table 3A.2 of the London Plan).

Graeme Keen appeared on behalf of Lionsgate Properties Limited.

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Inquiries

Former RAF Upper Heyford, Bicester, Oxfordshire

01/10/2008

A 5 week call-in Inquiry in October 08, January and March 2009 into a massive redevelopment scheme, promoted by the North Oxford Consortium (represented by Martin Kingston QC), for a 505 hectare site at former US airforce base.

During the Cold War, the site was one of the largest US Air Force bases in Europe and most of the military infrastructure remains, including a battle command centre, bomb stores and 56 hardened aircraft shelters. The proposal was for a new settlement of 1,075 dwellings together with associated works and facilities, including employment uses, community uses, a primary school, playing fields and other physical and social infrastructure. In addition to the housing, employment and sustainability elements of the proposals, there were significant conservation and heritage issues, relating to scheduled monuments and listed buildings on the site, which has also been designated a Conservation Area. Graeme was jointly instructed (leading Gwion Lewis) by Cherwell District Council and Oxford County Council. The Councils opposed the scheme because it conflicted with a Comprehensive Development Brief prepared by Cherwell to achieve strategic long term objectives for the site. A large number of related enforcement and temporary planning permission appeals have been adjourned and remain to be determined.

It is generating considerable media interest: the BBCs coveragecan be followed here.

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Inquiries

RAF Upper Heyford, Bicester, Oxfordshire

30/09/2008

Appeal against the refusal of planning permission for the development of 1075 houses and the conversion of aircraft hangars into employment use on the site of the largest remaining Cold War airbase in the UK.

Gwion Lewis appeared alongside Graeme Keen for the local planning authority, Cherwell District Council, and Oxfordshire County Council.

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Inquiries

Ifield Community College Public Inquiry (October and December 2007 and January 2008)

01/01/2008

Graeme was instructed West Sussex County Council and successfully promoted a large scheme for the redevelopment of surplus educational land in Crawley for 170 dwellinghouses, a Doctors Surgery, Care Home and Charity Centre. The scheme was opposed by Persimmon Homes and the Borough Council.

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Inquiries

Darwen Academy CPO Inquiry

01/01/2007

A 3 week Inquiry into the compulsory purchase of residential and commercial premises in Darwen to enable a new Academy school to be built and to facilitate town centre regeneration.

Graeme was led by David Elvin QC.

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Inquiries

Chalfont Lodge Nursing Home Inquiry

01/11/2006

Four day Inquiry into an appeal, brought by Barchester Healthcare, a large UK care home provider, (which instructed Paul Tucker) seeking a major extension to a nursing home in the Green Belt to provide a state of the art home for young physically disabled people, in need of full time care and highly intensive medical and therapeutic support. Instructed by Solicitor to Chiltern District Council to defend the Council’s decision to refuse permission at appeal. The case was important because it involved a detailed consideration of “very special circumstances” to justify development in the Green Belt and Alternatives. Handling the case involved very sensitive consideration of the medical situation of some very vulnerable people. The appeal was dismissed in November 2006.

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Inquiries

Burnham-on-Sea Tesco Inquiry

01/05/2006

Graeme was instructed on behalf of Somerfield, successfully objecting to a proposed large extension to a Tesco store in Burnham-on-Sea. Patrick Clarkson QC appeared for Tesco and Stephen Sauvain QC for Asda.

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Inquiries

Bristol CPO

01/06/2004

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Inquiries

Promotion of the New Forest District Local Plan First Alteration (Sep-Dec 2003)

01/12/2003

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Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

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