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Richard Harwood OBE KC

Joint Head of Chambers

Year of call: 1993

Silk: 2013

“Richard is an outstanding advocate and knows the planning system like the back of his hand." Chambers and Partners 2022

Richard specialises in planning, environment, art 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. He has appeared in many of the leading cases of recent years. 

His public law work includes local government, procurement and funding decisions. He also deals regularly with art law, particularly with a regulatory focus.

Richard is the author of the standard suite of planning law books Planning Enforcement, Historic Environment Law, Planning Permission and, as co-author, Planning Policy.

A member of the Bar Library, Belfast, he acts regularly in Northern Ireland. Richard is an Attorney-at-Law in Saint Lucia and has appeared recently in the Eastern Caribbean Court of Appeal. 

Areas of expertise

Planning and Property

Richard specialises in planning law, acting for developers, local and central government and third parties. His work covers the full range of planning law matters, with applications and appeals, planning enforcement, policy making and High Court proceedings coming from all of these. Types of development include housing, from new settlements to individual dwellings, and extensive work on mobile home parks, commercial, retail, minerals and waste and energy. Many of Richard’s cases have a heritage component.

He is the author of the standard suite of planning law books: Planning Permission, Planning Enforcement, Planning Policy (co-author) and Historic Environment Law.

Cases of note

  • Dill v Secretary of State for Communities and Local Government [2020] UKSC 20 - The leading case on whether art works (on this occasion, lead urns) can be listed buildings or fixed to listed buildings or curtilage listed.
  • R (Save Stonehenge) v Secretary of State for Transport [2021] EWHC 2161 (Admin) [2022] P.T.S.R. 74 - Appeared for Historic England in the challenge to the proposed A303 road tunnel under the Stonehenge World Heritage Site. This is a leading case on alternatives in planning cases, briefing ministers and heritage effects.
  • Swindon New Eastern Villages - Acting for the local planning authority in a series of cases bringing forward new settlements. These have included a two-week planning inquiry, a compulsory purchase order inquiry and the ongoing D B Symmetry v Swindon [2020] EWCA Civ 1331, [2021] P.T.S.R. 432 case on whether planning conditions can require the creation of highways
  • R (Holborn Studios Ltd) v London Borough of Hackney [2017] EWHC 2823 (Admin) and [2020] EWHC 1509 (Admin) - Protecting Europe’s largest photographic studio with two cases that set benchmarks for fairness and disclosure of information in handling planning applications and lobbying.
  • R (Blue Green London Plan) v Secretary of State for the Environment, Food and Rural Affairs [2015] EWHC 495 (Admin) - Appearing for the ministers to successfully defend the Thames Tideway Tunnel against four judicial reviews.
  • Chiswick Curve (2019) - Appearing for Historic England at a four-week inquiry into a tower near Kew Gardens World Heritage Site.

-- 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 Compulsory Purchase Orders (CPOs) for road, industrial, town centre and residential schemes and compensation for road, rail and redevelopment schemes.

Cases of note

  • Mayor’s Office of Police and Crime (Perivale) Compulsory Purchase Order 2020 - Promoting a Local Government Act compulsory purchase order to secure the future of the police car pound and forensics lab at Perivale which was threatened with eviction in 2021. Obtained a long lease.
  • Swindon Borough Council (Southern Connector Road, New Eastern Villages) Compulsory Purchase Order 2019 - Successfully promoting a compulsory purchase order for a new road to serve new settlements.
  • London Borough of Barnet (Brent Cross Cricklewood) Compulsory Purchase Order (No 1) 2015
  • - Appearing at the CPO inquiry for Marks and Spencer as an anchor tenant of the Brent Cross Shopping Centre.
  • Calderdale (Brighouse) Compulsory Purchase Order (2008) - Acted for the major objector in a ten-week inquiry resulting in a retail/leisure CPO being rejected on viability grounds.
  • London Borough of Redbridge (Five Oaks Lane) Compulsory Purchase Order (2012) - Acting for Countryside Properties and the council in compulsory purchase of land for 420 houses at a five-day inquiry.

-- Development Consent Orders and Infrastructure

Richard 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 development consent order (DCO) examinations including the A63 Hull.

Cases of note

  • R(Save Stonehenge) v SoS [2021] EWHC 2161 (Admin) [2022] P.T.S.R. 74 - Appeared for Historic England in the challenge to the proposed A303 road tunnel under the Stonehenge World Heritage Site. This is a leading case on alternatives in planning cases, briefing Ministers and heritage effects.
  • Thames Tideway Tunnel - Advised ministers on the proposed Thames Tideway ‘super-sewer’ and successfully defended four judicial reviews against the scheme including R (Blue Green London Plan) v Secretary of State for the Environment, Food and Rural Affairs [2015] EWHC 495 (Admin).
  • A63 Order - Appearing for an affected retail park owner at the examination into the Hull A63 development consent Order.
  • Hybrid Railway Bills - Richard appeared before select committees on the Channel Tunnel Rail Link, Crossrail and High Speed 2 Bills, including on standing on HS2.

-- High Court Planning Challenges

Richard has acted in over 400 planning cases in the Administrative/Planning Court for claimants, defendants and interested parties. Over 30 have proceeded to substantive appeals in the Court of Appeal. He has also appeared in the Supreme Court and the House of Lords The cases include the full range of judicial review, challenges to local authority, Inspector and ministerial decisions.

He also appears in the High Court and Court of Appeal in Northern Ireland.

Cases of note

  • R (Save Stonehenge) v Secretary of State for Transport [2021] EWHC 2161 (Admin) [2022] P.T.S.R. 74 - Appeared for Historic England in the challenge to the proposed A303 road tunnel under the Stonehenge World Heritage Site. This is a leading case on alternatives in planning cases, briefing ministers and heritage effects.
  • Dill v Secretary of State for Communities and Local Government [2020] UKSC 20 - The Supreme Court affirmed the right of persons to challenge public law decisions in resisting enforcement. In that case, an inspector could consider whether lead urns were listed buildings in an enforcement appeal.
  • R (Holborn Studios Ltd) v London Borough of Hackney [2017] EWHC 2823 (Admin) and [2020] EWHC 1509 (Admin) - Protecting Europe’s largest photographic studio with two cases that set benchmarks for fairness and disclosure of information in handling planning applications and lobbying.
  • R (Save Britain's Heritage) v Secretary of State for Communities and Local Government [2018] EWCA Civ 2137 [2019] 1 WLR 929 (SAVE Paddington) - Legitimate expectation can be created by a policy the minister has forgotten, and common law duties to give reasons.
  • R (Holder) v Gedling BC [2014] EWCA Civ 599 [2014] J.P.L. 1087 - Establishing the relevance of alternatives in green belt cases.
  • R (Williams) v Powys County Council [2017] EWCA Civ 427, [2018] 1 W.L.R. 439
  • The approach to wind turbines and the setting of listed buildings and scheduled monuments.

-- Highways, Footpaths and Rights of Way

Richard acts in a wide range of highways matters. These include planning, compulsory purchase and highways creation issues for new and amended roads. He advises and appears on Highways Act and Road Traffic Regulation Act powers including stopping up accesses and on and off-street parking control. Footpaths and public rights of way work includes numerous definitive map modifications. Richard also appeared in the first cases under the right to roam provisions.

Cases of note

  • D B Symmetry v Swindon Council [2020] EWCA Civ 1331, [2021] P.T.S.R. 432 - Appearing the for the local authority on whether a planning condition can require the dedication of a highway. The appeal is being heard in the Supreme Court in 2022.
  • Countryside and Rights of Way Act 2000 - Worked with parliamentarians on amendments to the bill and brought the first successful judicial review proceedings into right to roam mapping – R(Wormsley Estate) v Countryside Agency
  • Swindon Borough Council (Southern Connector Road, New Eastern Villages) Compulsory Purchase Order 2019 - Successfully promoting a compulsory purchase order for a new road to serve new settlements.
  • Boston Dock Link Road (2006) - Promoting compulsory purchase and related orders for a road and bridge over a tidal river, involving associated Harbour Revision Order, through inquiry
  • R (AS Property Investments) v Hounslow LBC [2008] EWHC 1631(Admin) - Operation of road traffic regulation orders for controlled parking zones and car free development.

-- Planning Appeals, Hearings and Inquiries

Appears regularly in planning inquiries and hearings for developers, local authorities and third parties. These inquiries and hearings include retail, housing, and minerals and waste projects. Many have significant heritage issues.

He is the author of the standard work on planning appeals: Planning Permission.

Cases of note

  • Chiswick Curve (2019) - Appeared for Historic England at four-week inquiry into towers affecting Kew Gardens WHS; permission refused July 2019.
  • R (SAVE Britain’s Heritage) v Secretary of State for Communities and Local Government [2018] EWCA Civ 2137, [2019] 1 W.L.R. 929 - The giving of reasons for refusals to call in applications.
  • Swindon New Eastern Villages – Lotmead - Two-week inquiry into a new settlement. Won for the local authority with costs and then secured an acceptable scheme.
  • Wisley new settlement, Surrey - Successful five-week inquiry and then local plan proceedings Compton Parish Council v Guildford Borough Council [2019] EWHC 3242 (Admin) [2020] J.P.L. 661.

-- Planning Applications

Richard advises developers, local authorities and third parties on planning applications, the need for permission and interpretation. He deals with all types of development, including housing, mixed use, retail, commercial, minerals, waste and energy. Many of his cases involve substantial heritage issues. Recent highlights include major regeneration schemes in Essex and Yorkshire, tall buildings, new settlements, 5G telecommunications, permitted development prior approvals and mobile home parks.

Richard is the author of the standard book on planning applications, Planning Permission. A former council planning committee member, he is experienced in making written and oral representations to councillors.

Cases of note

  • Swindon New Eastern Villages - Acting for Swindon Council promoting 8,000 homes and commercial development. This has included a two-week planning inquiry into the Lotmead scheme, a CPO inquiry for a new road, and the Symmetry litigation on highways.
  • Chiswick Curve (2019) 
  • Appeared for Historic England at four-week inquiry into towers affecting Kew Gardens WHS; permission refused July 2019.
  • Wisley new settlement in Surrey (2017) - Five-week inquiry into a new village on Wisley airfield with major transport and sustainability issues.

-- Planning Enforcement

Acts for local authorities, developers and third parties on enforcement matters, including appeals, injunctions and criminal cases. Appeared in the High Court on stop notices, temporary stop notices, revocation of lawful development certificates, discontinuance and failures to enforce.

Author of the standard work, Planning Enforcement, which is now in its third edition (2020).

Cases of note

  • Dill v Secretary of State for Communities and Local Government [2020] UKSC 20 - The Supreme Court affirmed the right of persons to challenge public law decisions in resisting enforcement. In that case, an inspector could consider whether lead urns were listed buildings in an enforcement appeal.
  • Haytop Country Parks v Secretary of State for Levelling Up, Housing and Communities (2017 onwards) - Appearing for mobile home park operator in seven-day enforcement inquiry with one notice quashed and second challenged in High Court.
  • Elvington Park v Secretary of State for Communities and Local Government [2011] EWHC 3041 (Admin), [2012] J.P.L. 556 - Intensification of motor sports activity on an airfield.
  • R(Sherdian) v Basildon District Council [2011] EWHC 2938 (Admin) - The Dale Farm travellers case, involving direct action against a large travellers site.
  • Castelite Ltd v Secretary of State for Communities and Local Government [2016] EWHC 1479 (Admin) - Inspector’s erroneous conclusion that permission had expired.
  • R (Renaissance Habitat) v West Berkshire Council [2011] JPL 1209 - Judicial review proceedings challenging the enforcement of planning obligations.

-- Planning Policymaking

Richard has promoted and acted for objectors in local plans in England and Northern Ireland, including minerals and waste plans. He has also acted in 16 development plan challenges in the courts. Richard has advised on neighbourhood plans and acted in various neighbourhood plan judicial reviews.

Richard was a member of the Local Plans Expert Group, appointed by the Housing and Planning Minister in 2015 to reform the local plans system. With Victoria Hutton, he co-authored the standard work on plan making, Planning Policy, and has trained local authorities, the private sector and the Planning Appeals Commission.

Cases of note

  • Lisburn and Castlereagh Local Development Plan (2019-) - Promoting the new development plan in Lisburn and Castlereagh in Northern Ireland. This includes appearing at the third examination hearings in the region. The major issues include Sprucefield regional shopping centre.
  • Compton Parish Council v Guildford Borough Council [2019] EWHC 3242 (Admin) [2020] J.P.L. 661 - An extensive set of challenges to major green belt releases.
  • R (Bellamile) v Ashford Borough Council [2019] EWHC 3627 (Admin) - Acting for the local planning authority as challenge to local plan found to be out of time.
  • R (Crownhall Estates) v Chichester District Council [2016] EWHC 73 (Admin) - A series of challenges to a neighbourhood plan, including the first successful quashing. 
  • R (RWE Npower Renewables Ltd) v Milton Keynes Council [2013] EWHC 751 (Admin) - The leading case on the scope of supplementary planning documents.
  • Heard v Broadland District Council [2012] Env LR 23
  • - Remission of 12,000 houses and commercial development in Greater Norwich on strategic environmental assessment grounds.
  • R (Bard Campaign) v Secretary of State [2009] JPL 964 - Challenge to the government’s eco-towns policy.

Art and Cultural Property

Richard has specialised in art law for over 20 years, advising art owners, auction houses and public authorities, including Historic England. His expertise includes whether statues, paintings and furnishings are part of buildings or land for ownership or listed building purposes and export licensing. He has also advised on treasure, military remains and the ownership of archaeological objects by museums.

Richard is the author of Historic Environment Law and co-author of Contested Heritage. He teaches on the Queen Mary LLM in Art, Business and Law and the Institute of Art and Law’s diploma course. Recommended for Art and Cultural Property law by Chambers and Parrtners and Chambers High Net Worth Directory, Richard is a member of Professional Advisers to the International Art Market. 

Cases of note

  • Dill v Secretary of State for Communities and Local Government [2020] UKSC 20 - The leading case on whether art works (on this occasion, lead urns) can be listed buildings or fixed to listed buildings or curtilage listed.
  • Sir William Turner’s Court, Kirkleatham - Securing listed building consent on appeal for the removal and sale of a baroque chandelier.
  • Contested Heritage - Advised on the government’s approach to contentious removals.
  • City of Adelaide - Advised on export licensing issues for a ship.
  • Advice on listing status of paintings for inheritance tax
  • Advised various property owners on whether paintings are part of listed buildings when dealing with inheritance tax valuation, acceptance in lieu or proposed sales.
  • Advice on ownership of classical statues when chattels/real property split
  • Advice to the family owning chattels at a house, when the real estate was in separate ownership, on the ownership of statues.

Energy

Acts on regulatory, planning and environmental matters including numerous High Court cases including on over 30 wind, energy from waste and anaerobic digestors. 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 (RHI) matters, including appearing in the Northern Ireland Court of Appeal on RHI eligibility.

Cases of note

  • Green Belt (NI) Limited’s Application for Judicial Review [2019] NICA 47 - Appearing for an operator successfully challenging the refusal of renewable heat incentive accreditation.
  • R(BACI) v Environment Agency [2019] EWCA Civ 1962, [2020] Env. L.R.16 - Defending an environmental permit for an energy from waste facility.
  • Greenpeace and Vorlich Oil and Gas Field - Acting in the English judicial review and the Scottish proceedings to the Supreme Court on the relevance of greenhouse gases from oil and gas consumption.
  • R (Garrick-Maidment) v Secretary of State for Business, Energy and Industrial Strategy - A challenge to offshore gas exploration. Richard established that the 1990 Offshore Petroleum Environmental Impact Assessment Regulations were unlawful.
  • R(Williams) v Powys County Council [2017] EWCA Civ 427, [2018] 1 W.L.R. 439 - The approach to wind turbines and the setting of listed buildings and scheduled monuments.

Environment

Richard acts in the full range of environmental regulatory matters and nuisance. His work includes environmental permitting, climate change litigation, and both private and statutory nuisance. He has appeared in leading cases on environmental impact assessment, strategic environmental assessment and habitats and species protection in planning and non-planning contexts. 

Cases of note

  • R(BACI) v Environment Agency [2019] EWCA Civ 1962, [2020] Env. L.R. 16 - Defending an environmental permit for an energy from waste facility.
  • Greenpeace and Vorlich Oil and Gas Field - Acting in the English judicial review and the Scottish proceedings to the Supreme Court on the relevance of greenhouse gases from oil and gas consumption.
  • Elvington Park v City of York Council [2010] Env LR 10 - Validity of abatement notices under the Environmental Protection Act.
  • Hirose Electric v Peak Ingredients [2011] JPL 429; [2011] Env LR 34 - Private nuisance claim for odour in High Court and Court of Appeal.
  • Peires v Bickerton’s Aerodrome [2016] EWHC 560 (Ch) - Noise nuisance alleged from helicopters and effect of the Civil Aviation Act.
  • R (Fowles Crushed Concrete) v Secretary of State for the Environment, Food and Rural Affairs - Acting for the operator in a challenge to an environmental permit appeal decision.

-- Environmental Assessment

Richard has appeared in many of the leading environmental impact assessment (EIA) and strategic environmental assessment (SEA) cases since 2000 for authorities, developers and third parties. He brought the cases which established how to approach mitigation in EIA screening (Lebus), the scope of urban development projects (Goodman), the duty to give reasons (Mellor), the need for development consent for demolition (SAVE Britain’s Heritage), consideration of reasonable alternatives in SEA (Heard) and the unlawfulness of the offshore oil and gas regime (Garrick-Maidment).

Cases of note

  • Greenpeace Vorlich (2019-2022) - Acting in the English judicial review and the Scottish proceedings to the Supreme Court on the relevance of greenhouse gases from oil and gas consumption.
  • R (Garrick-Maidment) v Secretary of State for Business, Energy and Industrial Strategy (2019) - A challenge to offshore gas exploration. Richard established that the 1990 Offshore Petroleum Environmental Impact Assessment Regulations were unlawful.
  • Heard v Broadland DC [2012] EWHC 344 (Admin) [2012] Env. L.R. 23 - Remission of 12,000 houses and commercial development in Greater Norwich on strategic environmental assessment grounds.
  • Save Britain's Heritage v Secretary of State for Communities and Local Government [2011] EWCA Civ 334, [2011] P.T.S.R. 1140 - Established that demolition was subject to the EIA Directive. Consequently the exclusion of the demolition of commercial buildings from planning control was unlawful.
  • R (on the application of Mellor) v Secretary of State for Communities and Local Government [2009] EWCA Civ 1201 - Court of Justice of the European Union decision that reasons had to be given on request for environmental decisions, in that case that EIA was not required.
  • R (on the application of Lebus) v South Cambridgeshire DC [2002] EWHC 2009 (Admin) [2003] Env. L.R.17 - Challenge to decision not to require EIA of a poultry unit. The court held that EIA could not be avoided because information would be provided anyway or because of an assumption that mitigation, which was other than straightforward, would work.

Administrative and Public

Richard is a hugely experienced Administrative Court and Planning Court advocate, principally in local government, planning, environmental and energy law. He has advised central government, public agencies and local authorities on numerous public law matters. He has acted in leading time limit cases.

Cases of note

  • [2018] EWCA Civ 2137 [2019] 1 WLR 929 (SAVE Paddington- Legitimate expectation can be created by a policy the minister has forgotten, and common law duties to give reasons.
  • Green Belt (NI) Limited’s Application for Judicial Review [2019] NICA 47 - Duties of a regulator to follow published procedure. Appearing for an operator successfully challenging the refusal of renewable heat incentive accreditation.
  • R (Bellamile) v Ashford Borough Council [2019] EWHC 3627 (Admin) - A leading case on the inability to extend statutory time limits on applications to the High Court and on confusion between Part 8 and judicial review procedures.
  • R (on the application of Burkett) v Hammersmith and Fulham LBC (No.1) [2002] UKHL 23 | [2002] 1 W.L.R. 1593 - The leading case on when time runs in judicial review and the promptness test.

-- Local Government

Richard has expertise in local authority powers and procedures. He has appeared in numerous cases on the conduct of committee meetings and access to background documents. Richard has acted in members standards and senior officer disciplinary matters. He has dealt extensively with vires issues, structures and local government reorganisation. Beyond his planning and environment practice, Richard also acts in esoteric powers and controls including markets, caravan site licensing, museums and open space matters.

Cases of note

  • R (Holborn Studios Ltd) v London Borough of Hackney  [2020] EWHC 1509 (Admin) - The case establishes the right of the public to lobby councillors and access to viability assessments as background papers.
  • Investigation (2020-2021) - Advising a local authority on procedures to follow when statutory officers were making disciplinary and grievance allegations against each other.
  • R (Kinsey) v London Borough of Lewisham [2021] EWHC 1286 (Admin) - Advice of the council’s conservation officer was a background document.
  • Haytop Country Park Limited v Amber Valley Borough Council - Acted for a mobile park home operator on the first caravan site licence appeal to the Upper Tribunal. The licence was granted following remission.
  • R (Friends of Finsbury Park) v Haringey London Borough Council [2017] EWCA Civ 1831, [2018] P.T.S.R. 644 - The leading case on local authority powers to let out open space (in that case for a music festival). The case reconciles multiple old and conflicting statutes.
  • R (Friends of Hethel Ltd) v South Norfolk DC [2010] EWCA Civ 894, [2011] 1 W.L.R. 1216 - A requirement for a two thirds majority vote to overturn officer advice was contrary to the statutory provision that decisions are taken by a simple majority.

-- Parliamentary

Richard advises on and drafts amendments to public bills (having drafted over 1,500 tabled amendments) and has drafted two private members’ bills. He also advises on making representations to parliamentary committees. Richard appears in private and hybrid bill proceedings, appearing before the select committees on the Channel Tunnel Rail Link, Crossrail and High Speed 2 bills.

Cases of note

  • High Speed 2 bill - Appeared for an action group successfully establishing their standing to appear before the commons select committee. Also acted for landowning petitioners.
  • Crossrail Bill - Acted for numerous affected landowners including BT and Canary Wharf Group, and appeared for the Confederation of British Industry at the commons select committee.
  • Private Parking Code - Made written representations to a House of Lords committee on the draft Private Parking Code of Practice for a parking operator. The committee agreed with the main concerns raised.
  • Public Bill work - Drafted over 1,650 tabled amendments to public bills including the Greater London Authority Acts 1999 and 2007, Countryside and Rights of Way Act 2000, Dealing in Cultural Objects (Offences) Act 2003, Planning and Compulsory Purchase Act 2004, Prevention of Terrorism Act 2005, National Lottery Acts 1998 and 2006, Local Government and Public Involvement in Health Act 2007, the Planning Act 2008, Criminal Justice and Courts Bill 2015 and the Planning and Housing Act 2016.

Recommendations

“A superb technical lawyer. His opinions carry weight due to reputation and the various books that he has written on various aspects of the subject. He is also willing to be creative in finding solutions and to work with a team. A very strong litigator.” The Legal 500 (2021)

"He is extremely knowledgeable and swift to provide assistance and advice." Chambers and Partners (2022) 

“An acknowledged expert and brilliant on listed buildings and heritage issues, he is a superb technical lawyer whose opinions carry weight.” The Legal 500 (2021)

“Top of the class knowledge of the subject combined with good pragmatic advice means Richard is a go-to barrister in this field.” Chambers High Net Worth (2022)

“Richard is an outstanding advocate and knows the planning system like the back of his hand." Chambers and Partners (2022)

“He always gives excellent and clear advice." Chambers and Partners (2022)