Richard Harwood OBE QC

Year of call:
1993
Silk:
2013
Email:
richard.harwood@39essex.com

Clerks:
+44 (0)20 7832 1111

“He is technically very good and can grasp technical evidence very quickly. At inquiry his cross-examination is absolutely forensic- the best I’ve ever seen”
Chambers & Partners

“He knows planning and environmental law inside out and has a really nice manner that appeals to clients.”
Chambers & Partners

Richard Harwood OBE QC specialises in planning, environment and public law, acting for developers, landowners, central and local government, individuals and interest groups. He appears in the courts, inquiries, examinations and hearings, including frequently in the Planning Court and appellate courts. Voted as one of the top ten Planning Silks in Planning magazine’s surveys, he has appeared in many of the leading cases of recent years. Richard is also a leading commentator, a case editor of the Journal of Planning and Environment Law and the author of planning law books Planning Enforcement, Historic Environment Law, Planning Permission and Planning Policy.

His public law work includes local government, procurement and funding decisions. Richard has appeared before Parliamentary committees on the last three railway Bills. He also deals regularly with art law, particularly with a regulatory focus.

Richard is a member of the Northern Irish Bar and the Bar Library, Belfast.

Planning, Environment & Property


Planning

Advocacy and advisory work on all aspects of the planning process for developers, local planning authorities, statutory bodies and local interests.

General Planning Court Work

Acted in over 350 planning cases in the Administrative/Planning Court. Major court cases include Holborn Studios Majed, Dale Farm travellers, SAVE Britain’s Heritage,  Save Woolley Valley,  and the Kensington stripy house case.

Inquiries, examinations and hearings

Appears regularly in planning inquiries and hearings for developers, local authorities and 3rd parties.  These inquiries include retail, housing, minerals and waste projects and development consent order examinations.

Development Plans and policies

Acted in 16 development plan challenges in the courts and appeared in development plan examinations.  He has promoted plans in England and Northern Ireland. Cases include R (RWE Npower Renewables Ltd) v. Milton Keynes Council [2013] EWHC 751 (Admin) and R (Crownhall Estates) v Chichester Council (2016).

Environmental Impact Assessment/Strategic Environmental Assessment

Richard is one of the leading lawyers on EIA and SEA issues. His major cases include Lebus, Goodman, Mellor, Heard, Save Britain’s Heritage and Champion.

Historic Environment

Acts extensively in historic environment matters, including over 60 Administrative/Planning Court cases on conservation areas, listed buildings, scheduled monuments, registered gardens and battlefields. Cases include Williams v Powys, Friends of Hethel, Pugh, Embleton, Dill, the Chiswick Curve inquiry and numerous cases for SAVE Britain’s Heritage.

Environmental Law

Richard acts in the full range of environmental matters including environmental permitting (BACI Bedfordshire),statutory nuisance (Elvington), private nuisance (Hirose, Pieres v Bickerton), and waste (O’Grady).

Compulsory Purchase and Compensation

Richard acts for acquiring authorities and claimants in compulsory purchase inquiries and the Lands Chamber.  Recent work includes promoting several major CPOs for road, industrial, town centre and residential schemes and compensation for road, rail and redevelopment schemes.

Energy

Acts on regulatory, planning and environmental matters including numerous High Court cases on wind (for example, Holder, RWE Npower v Milton Keynes, Joicey, Howell), energy from waste (BACI, Newhaven, Hull) and anaerobic digestors (Treagus). Richard has appeared on onshore and offshore oil and gas cases, including the Seahorses litigation.  He acts on Renewables Obligations and Renewable Heat Incentive matters, including appearing in the Northern Ireland Court of Appeal on RHI eligibility.

Administrative & Public


Public and Local Government

General judicial review and advising on public authority powers. Richard’s particular expertise include a public contracts, local authority vires, standards and probity (including the last Upper Tribunal case on councillor standards) and members’ allowances. He also acts in highways, rights of way and open space matters.

Parliamentary

Appears in Private and Hybrid Bill proceedings. Richard advises on and drafts amendments to Public Bills and has drafted two Private Members’ Bills. He appeared before Select Committees on the Channel Tunnel Rail Link, Crossrail and High Speed 2 Bills.

Art Law

Advises the art market, the major auction houses, owners, interest groups and regulators on art and antiquities matters, in particular real property/chattels issues, listed building consent, faculties, treasure and export control. Advised on high profile exports including the City of Adelaide, a Victorian clipper.

Aviation & Aerospace


Richard’s aviation planning experience includes the Manchester Airport Second Runway and Robin Hood Airport Doncaster Sheffield inquiries and Heathrow expansion as well as noise nuisance case: Peires v Bickerton.

Central Government


Richard acts for Ministers and government agencies and has provided training for civil servants, Planning Inspectors and the Planning Appeals Commission.

Energy


Acts on regulatory, planning and environmental matters including numerous High Court cases on wind (over 30 including (Holder, RWE Npower v Milton Keynes, Joicey, Howell) energy from waste (BACI, Newhaven, Hull) and anaerobic digestors (Treagus).Richard has appeared on onshore and offshore oil and gas cases, including the Seahorses litigation and gas storage.  He acts on Renewables Obligations and Renewable Heat Incentive matters, including appearing in the Northern Ireland Court of Appeal on RHI eligibility.

Infrastructure


Acts in the full range of infrastructure projects and consent regimes including road schemes, development consent orders, Transport and Works Act orders, railway Bills and the Harbours Act. He advised Ministers on the Thames Tideway Tunnel and defeated the four judicial reviews brought against that scheme. He has appeared at DCO examinations.

Local Government


Richard regularly acts for and against local authorities, including in vires, governance, standards and procurement matters.  He has appeared in many of the major cases on local authority decisionmaking, including Bovis Homes v New Forest, R (Friends of Hethel), Trillium Prime Property. Having acted in the last councillor conduct case in the Tribunal, he deals with probity matters.  He has acted in High Court procurement challenges, including on development agreements and compulsory purchase. His local government work is informed by having served as a councillor and an adviser to the Local Government Association.

Recommendations


Environment/Planning Junior of the Year at the Chambers Bar Awards 2011.
Finalist for ‘Barrister of the Year’ at the Lawyer Awards 2006.
Recommended by Legal 500  as a leading silk in Administrative and public law, Energy, Environmental Law and Planning Law.
Recommended by Chambers UK as a leading silk in Art & Cultural Property Law, Local Government law, Environmental Law and Planning Law.

Quotes

“He’s an absolute expert in heritage matters.” “A highly intelligent individual who has an immediate grasp of the issues in a case.”  Chambers & Partners 2017

“He is exceptional and is a man of enormous distinction.” “He is very good in that he speaks the language of heritage people.” Chambers & Partners 2016

“Excellent at quietly and methodically taking apart opposing witnesses.” Legal 500 2015

“A go-to barrister for energy-related environmental and planning disputes.” Legal 500 2015

Call +44 (0)20 7832 1111 for more information

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