Scott Lyness

Call: 1996
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Practice Summary

Scott Lyness specialises in all aspects of planning and environmental law. He is consistently rated as one of the leading junior members of the planning Bar.

Scott was nominated for planning junior of the year at the Chambers UK Bar Awards 2016. He has been described by Chambers & Partners as having “a fantastic reputation for his wide-ranging planning practice, acting for developers, planning authorities and other parties at all levels”; “One of the best barristers I have had the pleasure of working with, including QCs.” The Legal 500 has stated that he is: “one of the leading juniors at the Planning Bar and impresses with his powers of analysis and level-headedness”.

Scott’s planning practice encompasses all aspects of planning both at inquiries and examinations and in the Higher Courts. He provides strategic and technical advice on the preparation of development proposals. He acts for a wide range of developers, planning authorities and interest groups at all stages of the planning process.

Further details of Scott’s recommendations and work across these practice areas can be found within the Expertise and Recommendations links.

He was called to the Bar of England and Wales in November 1996 and to the Bar of Northern Ireland in 2000. He is a member of the Planning and Environment Bar Association and the UK Environmental Law Association.

Infrastructure

Scott’s practice covers major infrastructure and energy-related proposals, including cases covered by the NSIP regime. His work has covered a range of developments including railways, nuclear power stations, gas storage facilities, onshore and offshore wind farms and solar arrays. He acted for:

  • EDF in securing consent for Hinkley Point C;
  • the RSPB in relation to the world’s largest offshore windfarm (Hornsea Projects One and Two);
  • the University of Manchester in relation to the Keuper Gas storage facility in Cheshire.

TWAO work has included acting for English Heritage and the University of Manchester in relation to proposals by Network Rail for new railways infrastructure as part of the “Northern Hub”.

He acts for SONI in promoting proposals for an electricity interconnector between Northern Ireland and the Republic of Ireland.

Regeneration, Retail and CPO

His experience has included public inquiries into city centre regeneration schemes and mixed use proposals involving tall buildings. These cases have often involved issues relating to compulsory purchase, retail development, listed buildings and conservation areas, section 106 obligations and detailed technical issues relating to noise, air quality and transport.

He has advised in relation to some of the most significant development proposals in London in recent years, including:

  • the redevelopment of Battersea Power Station
  • the redevelopment of Earls Court
  • acting in relation to tall buildings proposals for 20 Fenchurch Street and 20 Blackfriars Road
  • promoting the compulsory purchase order which led to Liverpool One, the £1 billion mixed use redevelopment of Liverpool city centre, along with the promotion of other significant retail-led regeneration schemes in Leeds, Nottingham and Derby
  • acting in other compulsory purchase cases include R (on the application of Sainsbury’s Stores Ltd) v Wolverhampton City Council [2010] UKSC 20, the leading case on the materiality of considerations to the exercise of powers of compulsory acquisition.

Residential

His substantial housing experience involves a variety of cases and includes promoting Sherford, a new 5,500-home community east of Plymouth city centre. Recent work has involved regular appearances acting for both housebuilders and  local authorities at planning inquiries and advising on housing need and land supply issues, in relation to both proposals and the preparation of development plans:, including the following:

  • Crewe road, Shavington, 200 dwellings
  • 144 Audlem road, Nantwich: 104 dwellings
  • Cheerbrook Road, Willaston, 120 dwellings
  • East Avenue, Weston, 99 dwellings
  • Crewe Road, Shavington, 68 dwellings
  • Hassall Road, Alsager, 60 dwellings
  • Main Road, Shavington, 44 dwellings
  • 51 Main Street, Goostrey: housing proposals in consultation zone of Jodrell Bank Observatory.

Environment

He advises and acts frequently on environmental issues including EIA and habitats. Recent case work has included representing:

  • Wealden District Council in cases involving the application of the Habitats Directive in cases involving traffic emissions, air quality and impacts on the ecology of the Ashdown Forest Special Area of Conservation (Wealden DC v SSCLG [2017] EWCA Civ 39; Wealden District Council v SSCLG, Lewes DC and South Downs NPA [2017] EWHC 351 (Admin). –
  • North Yorkshire County Council, the North York Moors National Park authority and York City Council at the examination into their joint minerals plan, including its policies relating to hydraulic fracturing
  • the RSPB regarding proposals for substantial residential-led development at the Grade I listed Jacobean Bramshill House, Hampshire, adjacent to the Thames Basin Heaths Special Protection Area
  • the Shaftesbury Estate on a judicial review concerning enforcement and habitats issues arising from sand dredging at Lough Neagh.

Heritage

Scott also has extensive experience of heritage issues. Recent cases include acting for:

  • the National Trust on a challenge to the proposed development of a golf course near the Giant’s Causeway World Heritage Site
  • English Heritage in relation to proposals including the called-in application for a solar farm at Wroughton Airfield and the Northern Hub railway infrastructure in Manchester.

Qualifications

Scott attended the Friends’ School, Lisburn and graduated in law as a Marvell Prizewinner from Hull University in 1995.

Recommendations

Scott has been described by Chambers & Partners as follows:

  • “his ability to engage with highly technical information and understand the nuances of a client’s position is unprecedented. He is a pragmatic practitioner who goes the extra mile to deliver the best possible outcome.” “A top-notch junior, he’s meticulous, interacts very well with clients and is at the top of his game.”
  • “a fantastic reputation for his wide-ranging planning practice, acting for developers, planning authorities and other parties at all levels”; “One of the best barristers I have had the pleasure of working with, including QCs.” “Scott’s ability to understand technical scientific evidence is to be commended, as is his ability to calmly ensure that all that is needed is covered”;
  • “a good way with clients and a down-to-earth manner. He is a very capable junior barrister who is a rising star;” “I love his pragmatic attitude. Nothing is too much trouble for him”. He is “very thorough and has a really good grasp of the issues”;
  • “clients appreciate his approachable manner and depth of knowledge”; “a rising star at the Planning Bar who understands clients’ needs thoroughly; he “is outstanding in terms of his command of detail and his commitment to the project. Of everyone I have seen at the Bar in the past year, I am most impressed by him”.

The Legal 500 has stated that he:

  • “understands and interprets complex scientific information in an intelligible way”.
  • is “user-friendly and highly rated for complex planning cases’’;
  • is “a strong advocate with good attention to detail”; “gets to grips with complex planning matters”;
  • is “one of the leading juniors at the Planning Bar and impresses with his powers of analysis and level-headedness”;
  • he “has an excellent instinct for what is important and what is not, yet he puts professional teams at ease and gets the best out of them”.

Scott has consistently been included as a top-rated junior in the annual survey by Planning Magazine.

Inquiries

Inquiries

Examination of Joint Minerals Plan for North Yorkshire County Council, the North York Moors National Park Authority and York City Council

01/06/2018

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Inquiries

Grade I listed Jacobean Bramshill House, Hampshire

01/02/2018

Acted for RSPB regarding proposals for restoration of Grade I listed Jacobian Mansion and redevelopment of buildings in associated parkland, including demolition of former police training college, under various development options totalling 250 units.

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Inquiries

Main Street, Goostrey

01/01/2018

Housing proposals in consultation zone of Jodrell Bank Observatory.

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Inquiries

Main Road, Shavington, 44 dwellings

02/02/2017

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Inquiries

Tyrone-Cavan Interconnector

01/02/2017

Inquiry into proposals for a major infrastructure project which will link the Northern Ireland and Republic of Ireland electricity network, involving a new overhead line and 102 towers in NI which connect to a new overhead line in the Republic of Ireland across a total distance of around 80km.

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Inquiries

Crewe Road, Shavington, 68 dwellings

01/11/2016

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Inquiries

Crewe Road, Shavington, 200 dwellings

01/10/2016

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Inquiries

144 Audlem road, Nantwich: 104 dwellings

01/10/2016

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Inquiries

Cheerbrook Road, Willaston, 120 dwellings

01/09/2016

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Inquiries

East Avenue, Weston, 99 dwellings

01/08/2016

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Inquiries

Hassall Road, Alsager, 60 dwellings

01/07/2016

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Inquiries

Keuper Gas Storage Project

16/03/2016

Examination hearings into the Keuper Gas Storage Project (“KGSP”) Development Consent Order. The KGSP is a nationally significant infrastructure project involving the creation of underground cavities in salt rock that would be used to store natural gas to help meet the UK’s growing energy needs. Full information about the project is available at http://www.kgsp.co.uk/

Charles Banner appeared as sole counsel for the promoters of the project, Keuper Gas Storage Ltd, a wholly owned subsidiary of INEOS Enterprises Group, and INOVYN Enterprises Ltd, a joint venture between INEOS and the Solvay Group (instructed by Zyda Law).

Scott Lyness represented the University of Manchester.

The Secretary of State for Business, Energy and Industrial Strategy granted the DCO on 15 March 2017.

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Inquiries

Bargate Homes, Frensham Vale

23/02/2016

Proposals for 45 dwellings in woodland outside Frensham Vale: trees, landscape, flooding and five-year housing land supply issues.

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Inquiries

Land east of Hassall Road, Alsager

09/12/2015

Inquiry into housing proposals outside settlement boundary: countryside policy and highways impact issues.

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Inquiries

Manchester Piccadilly and Oxford Road Capacity Scheme TWA Order

01/10/2015

Acted for University of Manchester on objection to Order to allow development including viaduct extension through University campus.

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Inquiries

Hornsea Offshore Windfarm 2

15/09/2015

Examination of NSIP proposals for offshore wind generating station with maximum output of 1,800MW. Acted for RSPB on objection based on impacts on Flamborough Head and Bempton Cliffs Special Protection Area.

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Inquiries

Land at Crewe Road, Alsager

01/09/2015

Inquiry into housing proposals outside settlement boundary: countryside policy, woodland and habitat impact and highways impact issues.

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Inquiries

Former Delamere Forest School

26/08/2015

Inquiry into housing proposals for former school site: green belt, viability and design issues.

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Inquiries

Land east of Rope Lane, Shavington

06/08/2015

Inquiry into proposals for 53 dwellings outside settlement boundary and in green gap: countryside policy, landscape and green gap policy issues.

:

Inquiries

Mare Street, Hackney

27/04/2015

Enforcement inquiry into retention of housing development: employment land supply issues.

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Inquiries

Holly Drive, Northwich

25/03/2015

Inquiry into proposals for 30 dwellings: five-year housing land supply issues.

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Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

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Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

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Inquiries

Land at Steel Cross, Crowborough

01/03/2015

Proposals for 102 dwellings outside settlement boundary for Crowborough and within AONB: issues included countryside and AONB policy; landscape impacts; impacts on Ashdown Forest Special Area of Conservation and Special Protection Area; mitigation through SANGS; highways impacts.

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Inquiries

Boal Car Park, Belfast

01/01/2015

Hearing into retention of off-site car parking to serve Belfast City Airport: need and airport policy issues.

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Inquiries

Land at Pool Lane, Winterley; Land at Old Mill Road, Sandbach; Land at Dingle Farm, Sandbach

07/10/2014

Acted for Cheshire East at inquiries relating to residential development on sites in Cheshire East, in cases involving housing land supply issues, landscape impact and built heritage.

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Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

A called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

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Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

An called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

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Inquiries

Land at Science Museum, Wroughton

09/09/2014

Acted for English Heritage at NSIP hearings into proposals for 40 MW solar array near scheduled monument of Barbury Castle.

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Inquiries

Shepham Lane, Polegate

01/07/2014

Windfarm inquiry raising landscape impact issues.

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Inquiries

Asda, Newtownards

01/06/2014

Inquiry into proposals for new Asda store outside Newtownards town centre.

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Inquiries

Land at Whyteleafe Road, Caterham

01/06/2014

Inquiry into residential development: five-year housing land supply and design issues.

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Inquiries

Green Close, Harrow

01/05/2014

Inquiry into residential development: issues relating to impact on trees and hydrology.

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Inquiries

Network Rail (Ordsall Chord) Order

23/04/2014

Acted for English Heritage at inquiry into proposals for new railway line and associated infrastructure in Manchester.

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Inquiries

Hornsea Offshore Windfarm

11/03/2014

Acted for RSPB major proposals for 1200 MW offshore windfarm in North Sea, off Humberside coast.

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Inquiries

Land at South Downs Road, Lewes

05/03/2014

Inquiry into residential development: impact on Conservation Area and National Park.

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Inquiries

Oaklands, Hailsham

14/02/2013

Inquiry into residential development outside settlement boundary: five-year housing land supply; landscape; impact on Pevensey Levels SSSI issues.

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Inquiries

College Lane Stopping Up Order, London Borough of Camden

01/10/2012

Inquiry into objections to stopping up order to enable development to be carried out pursuant to planning permission for new church, nursery and residential units.

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Inquiries

Tyrone Cavan Interconnector

01/02/2012

Promoting for Northern Ireland Electricity the Northern Irish section of major new infrastructure for cross-border electricity transmission.

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Inquiries

Victoria Transport Interchange CPO

01/06/2011

Acted for Westminster City Council at CPO inquiry relating to major redevelopment next to Victoria Station including 65,000 sqm of office space, 170 dwellings and 12,000 sqm of retail space.

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Inquiries

Tesco, Castlereagh Road, Belfast

01/03/2011

Acted for Tesco at inquiry into refusal by DoE to grant permission for Tesco Extra store.

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Inquiries

Leeds Bradford International Airport

01/03/2011

Acted for Leeds Bradford International Airport in support of decision by Leeds City Council to refuse permission for off-site airport car parking.

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Inquiries

Honey Farm, Polegate, East Sussex

01/01/2011

Represented local planning authority defending its decision to refuse permission for 500 houses on land that had been allocated in the Non-Statutory Wealden Local Plan.

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Inquiries

Victoria Way, Greenwich

01/04/2010

Inquiry addressing issue of relationship between residential proposals and achievement of air quality standards and objectives.

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Inquiries

Sprucefield Centre, Lisburn

01/07/2009

Acting for Westfield Group at ongoing inquiry into proposals for first John Lewis department store in Ireland.

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Inquiries

Tesco, Bridgewater Park, Banbridge

29/06/2009

Acted for Land Securities at a planning inquiry into proposals for a 13,000 sqm Tesco Extra in an established out-of-centre retail park in Northern Ireland. The store would be the largest Tesco store in Ireland.

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Inquiries

UK Border Agency’s Immigration Reporting Centre, Hounslow

01/01/2009

This inquiry related to the continued use by the UK Border Agency of a site outside Hounslow town centre as a centre where asylum seekers have to report pending the determination of their asylum claims. The case concerned the sustainability of the location and the effect on nearby residents, having regard to the high number of trips generated around 500 visits on average per day.

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Inquiries

20 Blackfriars Road, London

09/09/2008

Public inquiry into the proposed Mirax-Beetham Tower at Blackfriars Bridge and the 20 Blackfriars Road development.

Christopher Katkowski QC led Scott Lyness acting for the developer promoting office and residential towers with retail and community uses, totalling over 80,000 sqm of development. The inquiry was conjoined with an inquiry into Beetham’s tall building proposals at 1 Blackfriars Road, which considered the effect of the proposals on views from St James’ Park and, in the case of the 20 Blackfriars Road proposals, the effect of the scheme on views from the Westminster World Heritage Site.

The Secretary of State granted planning permission for the mixed use proposals by Circleplane Ltd at 20 Blackfriars Road, including a residential tower at 148m and an office tower at 109m. The scheme, designed by Wilkinson Eyre architects, was opposed by the Mayor of London, Westminster City Council and English Heritage.

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Inquiries

Warwick Road, Kensington & Chelsea

22/07/2008

Inquiry into substantial mixed-use redevelopment, including around 250 homes on the former Territorial Army site in Kensington & Chelsea.

Christopher Katkowski QC led Scott Lyness for the developer promoting substantial mixed-use redevelopment, including around 250 homes on the former Territorial Army site in Kensington & Chelsea.

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Inquiries

Croydon Gateway CPO

01/10/2007

6-week inquiry into dispute between Arrowcroft and Croydon Council and Stanhope over the future development of a major site next to East Croydon station.

Christopher Katkowski QC led Scott Lyness in a dispute between (1) Arrowcroft and Croydon Council and (2) Stanhope over the future development of a major site next to East Croydon station. Stanhope has planning permission to develop the site for offices, housing and a park. Arrowcroft and the Council want to see fewer offices (50, 000 sqm), housing (900 homes) and most importantly a 12,500 seat arena on the site. The proposals for the arena-led scheme and a compulsory purchase order to acquire Stanhope’s interests were the subject of a 6-week inquiry in 2007.

Christopher Katkowski QC & Scott Lyness acted on behalf of both Arrowcroft and the Council.

Russell Harris QC acted on behalf of the Council.

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Inquiries

Sherford New Community

01/01/2007

Acted for Red Tree Developments at Area Action Plan inquiry, promoting major urban extension to Plymouth: 5500 new homes, over 70,000 sqm commercial floorspace, a 207 hectare community park, major public transport infrastructure and high levels of renewable energy generation. 2 week inquiry (2007).

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Inquiries

South Downs National Park

01/01/2007

Acting for West Sussex County Council and Chichester District Council at an inquiry into objections to the proposed designation of a South Downs National Park. At previous inquiry sessions in 2003 the inspector accepted the Councils’ argument that any National Park should be focussed on the chalk downlands and recommended a substantial deletion of land from the area proposed by the Countryside Agency (Natural England). Following the Meyrick decision and changes to National Parks legislation, the inquiry reopened this year (2008).

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Inquiries

Belfast Metropolitan Area Plan

01/01/2007

Acting for Tesco at inquiry into objections to retail policies in the most
significant development plan for Northern Ireland.

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Inquiries

Craigavon Area Plan

01/01/2007

Acting for Tesco at inquiry into objections to retail policies in a
draft development plan for the Craigavon, Portadown and Lurgan area.

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Inquiries

Peruvian Safeguarded Wharf, London

01/01/2006

Acting for developer at a call-in inquiry into proposals to re-activate an aggregates wharf use with 1500 residential
units and 30,000 sq.m of office, hotel and leisure space.

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Inquiries

Former Vaux Brewery, Sunderland

01/01/2006

Acting for Tesco objecting to Sunderland arc proposals for mixed
use redevelopment of the former Vaux brewery site and related draft UDP policy.

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Inquiries

Broadmarsh CPO, Nottingham

01/07/2005

Acting for Westfield and Nottingham City Council at a compulsory purchase order inquiry relating to the extension and redevelopment of Broadmarsh shopping centre to provide 120,000 sq m of shopping and leisure.

 

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Inquiries

Trinity Quarter CPO, Leeds

01/01/2005

Acting for Leeds City Council at compulsory purchase order inquiry relating to the provision of 35,000 sq m of new shopping in Leeds city centre.

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Inquiries

Liverpool PSDA CPO

01/01/2003

Acted for Liverpool City Council and Grosvenor Limited in promoting CPOs and RCO to expand and regenerate Liverpool city centre to provide 150,000 sq m of retail, 20,000 sq m of leisure, 600 new homes and 2.2h of open space, on a 42-acre site.

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Inquiries

Derby Eagle Centre CPO

01/01/2003

Acting for Westfield and Derby City Council at compulsory purchase order inquiry relating to the provision of 100,000 sqm of new shopping and leisure space in Derby city centre.

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Inquiries

Examination of Joint Minerals Plan for North Yorkshire County Council, the North York Moors National Park Authority and York City Council

01/06/2018

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Inquiries

Grade I listed Jacobean Bramshill House, Hampshire

01/02/2018

Acted for RSPB regarding proposals for restoration of Grade I listed Jacobian Mansion and redevelopment of buildings in associated parkland, including demolition of former police training college, under various development options totalling 250 units.

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Inquiries

Main Street, Goostrey

01/01/2018

Housing proposals in consultation zone of Jodrell Bank Observatory.

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Inquiries

Main Road, Shavington, 44 dwellings

02/02/2017

:

Inquiries

Tyrone-Cavan Interconnector

01/02/2017

Inquiry into proposals for a major infrastructure project which will link the Northern Ireland and Republic of Ireland electricity network, involving a new overhead line and 102 towers in NI which connect to a new overhead line in the Republic of Ireland across a total distance of around 80km.

:

Inquiries

Crewe Road, Shavington, 68 dwellings

01/11/2016

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Inquiries

Crewe Road, Shavington, 200 dwellings

01/10/2016

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Inquiries

144 Audlem road, Nantwich: 104 dwellings

01/10/2016

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Inquiries

Cheerbrook Road, Willaston, 120 dwellings

01/09/2016

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Inquiries

East Avenue, Weston, 99 dwellings

01/08/2016

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Inquiries

Hassall Road, Alsager, 60 dwellings

01/07/2016

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Inquiries

Keuper Gas Storage Project

16/03/2016

Examination hearings into the Keuper Gas Storage Project (“KGSP”) Development Consent Order. The KGSP is a nationally significant infrastructure project involving the creation of underground cavities in salt rock that would be used to store natural gas to help meet the UK’s growing energy needs. Full information about the project is available at http://www.kgsp.co.uk/

Charles Banner appeared as sole counsel for the promoters of the project, Keuper Gas Storage Ltd, a wholly owned subsidiary of INEOS Enterprises Group, and INOVYN Enterprises Ltd, a joint venture between INEOS and the Solvay Group (instructed by Zyda Law).

Scott Lyness represented the University of Manchester.

The Secretary of State for Business, Energy and Industrial Strategy granted the DCO on 15 March 2017.

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Inquiries

Bargate Homes, Frensham Vale

23/02/2016

Proposals for 45 dwellings in woodland outside Frensham Vale: trees, landscape, flooding and five-year housing land supply issues.

:

Inquiries

Land east of Hassall Road, Alsager

09/12/2015

Inquiry into housing proposals outside settlement boundary: countryside policy and highways impact issues.

:

Inquiries

Manchester Piccadilly and Oxford Road Capacity Scheme TWA Order

01/10/2015

Acted for University of Manchester on objection to Order to allow development including viaduct extension through University campus.

:

Inquiries

Hornsea Offshore Windfarm 2

15/09/2015

Examination of NSIP proposals for offshore wind generating station with maximum output of 1,800MW. Acted for RSPB on objection based on impacts on Flamborough Head and Bempton Cliffs Special Protection Area.

:

Inquiries

Land at Crewe Road, Alsager

01/09/2015

Inquiry into housing proposals outside settlement boundary: countryside policy, woodland and habitat impact and highways impact issues.

:

Inquiries

Former Delamere Forest School

26/08/2015

Inquiry into housing proposals for former school site: green belt, viability and design issues.

:

Inquiries

Land east of Rope Lane, Shavington

06/08/2015

Inquiry into proposals for 53 dwellings outside settlement boundary and in green gap: countryside policy, landscape and green gap policy issues.

:

Inquiries

Mare Street, Hackney

27/04/2015

Enforcement inquiry into retention of housing development: employment land supply issues.

:

Inquiries

Holly Drive, Northwich

25/03/2015

Inquiry into proposals for 30 dwellings: five-year housing land supply issues.

:

Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

:

Inquiries

Secretary of State grants permission for called-in Swindon solar park

20/03/2015

The Secretary of State has granted planning permission for a large solar park at a former airfield at Wroughton, Swindon. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB and was opposed by Natural England, the AONB Unit and English Heritage.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

James Maurici QC appeared for the applicants, Swindon Commercial Services Limited and the Science Museum, instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

For press coverage click here

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Inquiries

Land at Steel Cross, Crowborough

01/03/2015

Proposals for 102 dwellings outside settlement boundary for Crowborough and within AONB: issues included countryside and AONB policy; landscape impacts; impacts on Ashdown Forest Special Area of Conservation and Special Protection Area; mitigation through SANGS; highways impacts.

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Inquiries

Boal Car Park, Belfast

01/01/2015

Hearing into retention of off-site car parking to serve Belfast City Airport: need and airport policy issues.

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Inquiries

Land at Pool Lane, Winterley; Land at Old Mill Road, Sandbach; Land at Dingle Farm, Sandbach

07/10/2014

Acted for Cheshire East at inquiries relating to residential development on sites in Cheshire East, in cases involving housing land supply issues, landscape impact and built heritage.

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Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

A called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

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Inquiries

Called-in Swindon solar park inquiry closes

19/09/2014

An called-in inquiry into a proposed large solar park at a former airfield at Wroughton, Swindon has now closed. The application was made by Swindon Commercial Services Limited and the Science Museum. The proposed ground mounted PV solar arrays would on a 67 hectare site would provide c. 40MW generation capacity. The application site lies within the North Downs AONB.

The proposals will generate enough renewable electricity for c 12,000 hones. In addition it would provide an income stream to assist the Science Museum with the preservation and conservation of 35,000 larger objects of national importance as well as half a million library and archive texts it stores in hangers on the former airfield. The items stored include a 140 tonne hot metal printing press, the world’s first Hydrogen fuel car, two Trident missiles, a number of airliners and the Tucker Snow Cat.

Swindon Borough Council resolved to grant planning permission in December 2013 but the application was called in by the Secretary of State.

The inquiry sat for 7 days commencing on Tuesday 9 September 2014 and closing on Friday 19 September 2014.

For press coverage, click here.

James Maurici QC appeared for the applicants instructed by Pegasus Planning.

Richard Clarke appeared for Swindon Borough Council.

Scott Lyness appeared for English Heritage.

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Inquiries

Land at Science Museum, Wroughton

09/09/2014

Acted for English Heritage at NSIP hearings into proposals for 40 MW solar array near scheduled monument of Barbury Castle.

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Inquiries

Shepham Lane, Polegate

01/07/2014

Windfarm inquiry raising landscape impact issues.

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Inquiries

Asda, Newtownards

01/06/2014

Inquiry into proposals for new Asda store outside Newtownards town centre.

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Inquiries

Land at Whyteleafe Road, Caterham

01/06/2014

Inquiry into residential development: five-year housing land supply and design issues.

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Inquiries

Green Close, Harrow

01/05/2014

Inquiry into residential development: issues relating to impact on trees and hydrology.

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Inquiries

Network Rail (Ordsall Chord) Order

23/04/2014

Acted for English Heritage at inquiry into proposals for new railway line and associated infrastructure in Manchester.

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Inquiries

Hornsea Offshore Windfarm

11/03/2014

Acted for RSPB major proposals for 1200 MW offshore windfarm in North Sea, off Humberside coast.

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Inquiries

Land at South Downs Road, Lewes

05/03/2014

Inquiry into residential development: impact on Conservation Area and National Park.

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Inquiries

Oaklands, Hailsham

14/02/2013

Inquiry into residential development outside settlement boundary: five-year housing land supply; landscape; impact on Pevensey Levels SSSI issues.

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Inquiries

College Lane Stopping Up Order, London Borough of Camden

01/10/2012

Inquiry into objections to stopping up order to enable development to be carried out pursuant to planning permission for new church, nursery and residential units.

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Inquiries

Tyrone Cavan Interconnector

01/02/2012

Promoting for Northern Ireland Electricity the Northern Irish section of major new infrastructure for cross-border electricity transmission.

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Inquiries

Victoria Transport Interchange CPO

01/06/2011

Acted for Westminster City Council at CPO inquiry relating to major redevelopment next to Victoria Station including 65,000 sqm of office space, 170 dwellings and 12,000 sqm of retail space.

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Inquiries

Tesco, Castlereagh Road, Belfast

01/03/2011

Acted for Tesco at inquiry into refusal by DoE to grant permission for Tesco Extra store.

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Inquiries

Leeds Bradford International Airport

01/03/2011

Acted for Leeds Bradford International Airport in support of decision by Leeds City Council to refuse permission for off-site airport car parking.

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Inquiries

Honey Farm, Polegate, East Sussex

01/01/2011

Represented local planning authority defending its decision to refuse permission for 500 houses on land that had been allocated in the Non-Statutory Wealden Local Plan.

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Inquiries

Victoria Way, Greenwich

01/04/2010

Inquiry addressing issue of relationship between residential proposals and achievement of air quality standards and objectives.

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Inquiries

Sprucefield Centre, Lisburn

01/07/2009

Acting for Westfield Group at ongoing inquiry into proposals for first John Lewis department store in Ireland.

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Inquiries

Tesco, Bridgewater Park, Banbridge

29/06/2009

Acted for Land Securities at a planning inquiry into proposals for a 13,000 sqm Tesco Extra in an established out-of-centre retail park in Northern Ireland. The store would be the largest Tesco store in Ireland.

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Inquiries

UK Border Agency’s Immigration Reporting Centre, Hounslow

01/01/2009

This inquiry related to the continued use by the UK Border Agency of a site outside Hounslow town centre as a centre where asylum seekers have to report pending the determination of their asylum claims. The case concerned the sustainability of the location and the effect on nearby residents, having regard to the high number of trips generated around 500 visits on average per day.

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Inquiries

20 Blackfriars Road, London

09/09/2008

Public inquiry into the proposed Mirax-Beetham Tower at Blackfriars Bridge and the 20 Blackfriars Road development.

Christopher Katkowski QC led Scott Lyness acting for the developer promoting office and residential towers with retail and community uses, totalling over 80,000 sqm of development. The inquiry was conjoined with an inquiry into Beetham’s tall building proposals at 1 Blackfriars Road, which considered the effect of the proposals on views from St James’ Park and, in the case of the 20 Blackfriars Road proposals, the effect of the scheme on views from the Westminster World Heritage Site.

The Secretary of State granted planning permission for the mixed use proposals by Circleplane Ltd at 20 Blackfriars Road, including a residential tower at 148m and an office tower at 109m. The scheme, designed by Wilkinson Eyre architects, was opposed by the Mayor of London, Westminster City Council and English Heritage.

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Inquiries

Warwick Road, Kensington & Chelsea

22/07/2008

Inquiry into substantial mixed-use redevelopment, including around 250 homes on the former Territorial Army site in Kensington & Chelsea.

Christopher Katkowski QC led Scott Lyness for the developer promoting substantial mixed-use redevelopment, including around 250 homes on the former Territorial Army site in Kensington & Chelsea.

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Inquiries

Croydon Gateway CPO

01/10/2007

6-week inquiry into dispute between Arrowcroft and Croydon Council and Stanhope over the future development of a major site next to East Croydon station.

Christopher Katkowski QC led Scott Lyness in a dispute between (1) Arrowcroft and Croydon Council and (2) Stanhope over the future development of a major site next to East Croydon station. Stanhope has planning permission to develop the site for offices, housing and a park. Arrowcroft and the Council want to see fewer offices (50, 000 sqm), housing (900 homes) and most importantly a 12,500 seat arena on the site. The proposals for the arena-led scheme and a compulsory purchase order to acquire Stanhope’s interests were the subject of a 6-week inquiry in 2007.

Christopher Katkowski QC & Scott Lyness acted on behalf of both Arrowcroft and the Council.

Russell Harris QC acted on behalf of the Council.

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Inquiries

Sherford New Community

01/01/2007

Acted for Red Tree Developments at Area Action Plan inquiry, promoting major urban extension to Plymouth: 5500 new homes, over 70,000 sqm commercial floorspace, a 207 hectare community park, major public transport infrastructure and high levels of renewable energy generation. 2 week inquiry (2007).

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Inquiries

South Downs National Park

01/01/2007

Acting for West Sussex County Council and Chichester District Council at an inquiry into objections to the proposed designation of a South Downs National Park. At previous inquiry sessions in 2003 the inspector accepted the Councils’ argument that any National Park should be focussed on the chalk downlands and recommended a substantial deletion of land from the area proposed by the Countryside Agency (Natural England). Following the Meyrick decision and changes to National Parks legislation, the inquiry reopened this year (2008).

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Inquiries

Belfast Metropolitan Area Plan

01/01/2007

Acting for Tesco at inquiry into objections to retail policies in the most
significant development plan for Northern Ireland.

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Inquiries

Craigavon Area Plan

01/01/2007

Acting for Tesco at inquiry into objections to retail policies in a
draft development plan for the Craigavon, Portadown and Lurgan area.

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Inquiries

Peruvian Safeguarded Wharf, London

01/01/2006

Acting for developer at a call-in inquiry into proposals to re-activate an aggregates wharf use with 1500 residential
units and 30,000 sq.m of office, hotel and leisure space.

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Inquiries

Former Vaux Brewery, Sunderland

01/01/2006

Acting for Tesco objecting to Sunderland arc proposals for mixed
use redevelopment of the former Vaux brewery site and related draft UDP policy.

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Inquiries

Broadmarsh CPO, Nottingham

01/07/2005

Acting for Westfield and Nottingham City Council at a compulsory purchase order inquiry relating to the extension and redevelopment of Broadmarsh shopping centre to provide 120,000 sq m of shopping and leisure.

 

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Inquiries

Trinity Quarter CPO, Leeds

01/01/2005

Acting for Leeds City Council at compulsory purchase order inquiry relating to the provision of 35,000 sq m of new shopping in Leeds city centre.

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Inquiries

Liverpool PSDA CPO

01/01/2003

Acted for Liverpool City Council and Grosvenor Limited in promoting CPOs and RCO to expand and regenerate Liverpool city centre to provide 150,000 sq m of retail, 20,000 sq m of leisure, 600 new homes and 2.2h of open space, on a 42-acre site.

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Inquiries

Derby Eagle Centre CPO

01/01/2003

Acting for Westfield and Derby City Council at compulsory purchase order inquiry relating to the provision of 100,000 sqm of new shopping and leisure space in Derby city centre.

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