Harriet Townsend is a leading practitioner in planning and environment law, and related public law and/or property matters (most notably compulsory purchase and highways law). Most of her work involves the exercise of statutory powers and duties, and her clients include individuals, public authorities, planning consultants, developers, and solicitors working throughout England and Wales.
Harriet has followed the development of climate change as a legal and policy issue throughout her career and she represented Surrey County Council in the leading case on the assessment of so-called ‘downstream’ greenhouse gases, Finch and others v Surrey County Council and others. She has appeared in planning appeals and judicial reviews concerning proposals for renewable energy development, notably solar farm and onshore windfarm proposals; and she has led objections to significant energy related CPOs. She is a member of the Cornerstone Climate team responsible for training.
Recent work includes:
- Judicial review and statutory appeals to the High Court. Issues of statutory, and policy, interpretation; reasons requirements; heritage assessment; and the role of climate change in environmental impact assessment, are prominent in Harriet’s recent cases.
- Compulsory purchase – acting for promoters and objectors to a variety of orders: notably CPOs required to deliver complex regeneration projects and roads, as well as other buildings and land including vacant dwellings and listed buildings.
- Compensation – representing landowners and public authorities in claims for compensation under various statutory provisions.
- Planning and enforcement appeals raising issues of sustainability; heritage impact; air quality; and biodiversity – including statutory protection for habitats and species. Harriet has often represented clients at planning appeal hearings (a less formal procedure than an inquiry but one that allows for legal submissions and contributions by counsel, where appropriate).
- Advising clients on rights to environmental information, habitat protection through nutrient neutrality, and biodiversity net gain.
- Local authority conduct, claims of misfeasance, bias, and maladministration.
Expertise
- Planning and Environment
Harriet is an experienced specialist in planning and environment law and noted in the main Directories as a leader in these fields. She has substantial experience of most of the technically complex issues in planning including:
- Climate change and its implications for planning and environmental law
- Nutrient neutrality and biodiversity net gain
- Housing land supply
- Compulsory purchase and compensation
- The Community Infrastructure Levy and planning obligations
- Energy development including solar and wind energy proposals
- Green belt policy
- Basement policy in London Boroughs
- Heritage protection: the assessment and mitigation of impact – including enabling development proposals
- Viability assessments
- Contempt of court – and planning injunctions
Environmental work outside the planning field includes:
- The Aarhus Convention and environmental information
- Local authority duties re contaminated land
- Actions for nuisance (including mediation)
Harriet’s inquiry work has included contentious residential development proposals and onshore wind energy development. It has involved evidence and legal argument on biodiversity; heritage law and policy; infrastructure funding; best and most versatile agricultural land, and energy policy.
Harriet is familiar with the different legal and policy requirements in England and Wales and is following closely the areas where the two jurisdictions diverge. Of particular note in that respect is the Wellbeing of Future Generations Act 2016 which applies only in Wales. The same goes for the UK’s departure from the European Union, which has had such a fundamental role in the development of UK environmental law hitherto.
For significant recent cases please refer to the main Profile or to Cases and News.
Harriet also relishes the work she does on small scale proposals in sensitive locations which raise challenging legal and planning issues. Examples include alterations to dwellings which are listed buildings, river-edge development adjoining the Thames, and assets of community value.
- Secretary of State accepts legal error and proposes that permission for controversial coal mine be quashed, but developer fights on12 Jul 2024
- Finch vs Surrey County Council: In groundbreaking decision, Supreme Court rules the grant of planning permission for oil production was unlawful for failing to assess the ‘downstream’ greenhouse gas emissions20 Jun 2024
- Large scale solar farm given permission on best most versatile agricultural land21 Dec 2023
- Finch v Surrey County Council: Supreme Court to hear appeal concerning downstream emissions of fossil fuel projects20 Jun 2023
- Shedding light in some of CIL’s dark corners22 Dec 2022
- In Finch the Court of Appeal declines to define significant indirect effects for EIA17 Feb 2022
- All things great and beautiful16 Apr 2021
- In Pursuit of Beauty10 Mar 2021
- EIA in a climate emergency30 Dec 2020
- How to be a judge of openness10 Feb 2020
- How high the permission hurdle? or When is an argument not arguable?01 Apr 2019
- Listed building challenges ruled Totally Without Merit01 Jan 2018
- Re-determination – Material Considerations01 Jan 2018
- Unreasonable decline?01 Jan 2018
- Compulsory Purchase Order Inquiry01 Jan 2018
- Great Yarmouth Borough Council (Millora Works) Compulsory Purchase Order 2015 inquiry01 Jan 2018
- Retail Impact decision against Tesco in Basingstoke01 Jan 2018
- Down is out in Kensington and Chelsea?01 Jan 2018
- Taylor Wimpey planning inquiry01 Jan 2018
- Persimmon planning inquiry01 Jan 2018
- Royal Borough of Kensington and Chelsea v SSCLG and M Harold01 Jan 2018
- 23 Redesdale Street SW301 Jan 2018
- Going underground – High Court shines a light on basement development rights01 Jan 2018
- Denbigh Hospital01 Jan 2018
- Denbigh Hospital Urgent Works Notice01 Jan 2018
- Taggs Boatyard01 Jan 2018
- Freemont (Denbigh) Ltd v Welsh Ministers and Denbighshire County Council01 Jan 2018
- Crest Nicholson planning inquiry01 Jan 2018
- Zipporah Lisle-Mainwaring and Force Foundations Ltd v Royal Borough of Kensington and Chelsea01 Jan 2018
- R (Hubert) v Carmarthenshire County Council01 Jan 2018
- R (Williams) v Cardiff County Council01 Jan 2018
- Planning inquiry – Aveley in Thurrock01 Jan 2018
- Oxfordshire Prohibition Order01 Jan 2018
- R (Jackson) v Norfolk County Council01 Jan 2018
- R (Mevagissey Parish Council) v Cornwall County Council01 Jan 2018
- R (Harrison) v Richmond upon Thames LBC01 Jan 2018
- R (Stern) v Horsham DC01 Jan 2018
- R (Catt) v Brighton and Hove City Council01 Jan 2018
- Hearing of certificate of lawful use appeals01 Jan 2018
- Williams v SSCLG and Chiltern District Council01 Jan 2018
- Certificate of Lawful Use appeals – retail01 Jan 2018
- Planning inquiry into appeal by Tesco01 Jan 2018
- The GPDO 201501 Jan 2018
- Pickles says No Hacheston Solar01 Jan 2018
- Arun District Council v SSCLG and Green Lodge Homes [2013]01 Jan 2018
- Williams v SSCLG and Chiltern District Council [2013]01 Jan 2018
- Williams v SSCLG and Chiltern District Council [2012]01 Jan 2018
- Bus lane JRs have reached their stop01 Jan 2018
- Bulky Goods Conditions – What they mean01 Jan 2018
- No project-splitting for EIA in Brighton01 Jan 2018
- Court of Appeal dismisses appeal against the activation of suspended sentences in long-running waste disposal case01 Jan 2018
- Oxfordshire County Council v Wyatt Brothers Oxford Ltd and others [2012] EWCA Civ 1921 [2013]01 Jan 2018
- Appointment to Government Panel of Planning Mediators01 Jan 2018
- Major Inquiries01 Jan 2018
- CPO for development of Waveney Campus01 Jan 2018
- Demolition Trouble01 Jan 2018
- Planning law accords with common sense!01 Jan 2018
- Newmarket – Paddock land01 Jan 2018
- Enforcement notice appeal01 Jan 2018
- Hove Park housing01 Jan 2018
- CPO refused by Secretary of State for private gypsy site01 Jan 2018
- Withdean Stadium subject of a planning judicial review again01 Jan 2018
- Wimpey appeal dismissed in Surrey Heath01 Jan 2018
- Access to proposed gypsy site – guidance on what is permited01 Jan 2018
- Enforcement appeal – clay extraction01 Jan 2018
- Enforcement appeal01 Jan 2018
- Planning appeal01 Jan 2018
- Denbighshire CC (West Parade, Rhyl) CPO 201001 Jan 2018
- Peter Trott v Broadland District Council01 Jan 2018
- Camden successfully defends CPO of Bacton Low Rise Estate01 Jan 2018
- Inspector’s failure to deal properly with neighbourhood plan conflict leads to quashing of residential scheme – Aldingbourne PC v SSCLG (CO/2105/2017)01 Jan 2018
- Recognition for Finch Litigation at the LexisNexis Legal Awards 202514 Mar 2025
- Harriet Townsend to be appointed King’s Counsel24 Jan 2025
- Finch case shortlisted for Case of the Year at LexisNexis Awards 202517 Jan 2025
- Inquiry debates science park proposal on green belt land in Oxfordshire04 Nov 2024
- The Return of Onshore Wind09 Jul 2024
- Finch vs Surrey County Council: In groundbreaking decision, Supreme Court rules the grant of planning permission for oil production was unlawful for failing to assess the ‘downstream’ greenhouse gas emissions20 Jun 2024
- Finch v Surrey County Council: Supreme Court to hand down judgment in appeal concerning downstream emissions of fossil fuel projects18 Jun 2024
- Cornerstone Barristers at UKELA Annual Conference 202412 Jun 2024
- Cornerstone Climate Month: Training and Insights on Climate for the Legal Profession28 Feb 2024
- Cornerstone Barristers achieves record results in Chambers UK Bar Directory 2024 for Planning and Environment24 Oct 2023
- Cornerstone Planning Team recommended as a leading set for planning in The Legal 500 2024 guide05 Oct 2023
- Briefing note on the Climate Change implications for local government across the UK24 Nov 2021
- Net Zero and downstream emissions in Court of Appeal this week15 Nov 2021
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- Webinar on Neighbourhood Planning Services11 Jun 2020
- Cornerstone Barristers Planning Bulletin – Issue 515 May 2020
- Cornerstone Barristers Planning Bulletin – Issue 401 May 2020
- What COVID-19 means for enforcement: FAQs27 Apr 2020
- Cornerstone Barristers Planning Bulletin – Issue 317 Apr 2020
- Cornerstone Barristers Planning Bulletin – Issue 214 Apr 2020
- Cornerstone Barristers Planning Bulletin – Issue 103 Apr 2020
- Brexit: Planning and the Environment Outside the EU01 Jan 2018
- Affordable housing policy exclusions small sites, and vacant building credit01 Jan 2018
- Housing land supply01 Jan 2018
- Community Infrastructure Levy (CIL): What it means for you01 Jan 2018
- Is Planning Enforcement facing a New Era?01 Jan 2018
- Does the former North Wales Hospital have a future?01 Jan 2018
- Cornerstone Barristers sponsored the RTPI East of England annual Planning Law Conference01 Jan 2018
- Is Wales heading towards a coherent planning code? Law Commission publishes proposals for consultation01 Jan 2018
- Cornerstone Annual Planning Day01 Jan 2018