Planning & Environment

Our planning and environmental team provide wide-ranging expertise and strategic advice on various matters.

Our planning experience includes:

  • Complex planning applications
  • Drafting, negotiating and settling planning, highways and environmental infrastructure agreements
  • Appeals and high court challenges in respect of planning decisions
  • Enforcement actions
  • Developments affecting listed buildings

We also routinely advise on sundry development-related issues, including rights of light and highways law.

Our environmental experience includes permitting matters, public nuisance and water pollution, either as a stand-alone engagement or as part of a corporate or real estate transaction.

We regularly advise landowners on resistance to compulsory purchase orders and on compensation claims resulting from compulsory purchases, including applications for Certificates of Appropriate Alternative Development and references to the Upper Tribunal (Lands).

If you have any questions or queries please call Mark on +44 (0)20 3036 7248 or email

Assists public and private sector clients across the full range of planning law, including compulsory purchase matters, Section 106 agreements and enforcement cases.

Chambers UK
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Mark Harnett of Fladgate LLP assists public and private sector clients across the full range of planning law, including compulsory purchase matters, Section 106 agreements and enforcement cases. Clients find him to be “a great choice of planning lawyer for both the big-picture stuff and the details stuff.”

Chambers UK

Mark Harnett “explains issues very clearly” at Fladgate LLP, where the team focuses on mid-size schemes for clients such as Hodson Developments and CLTX.

Legal 500

Mark Harnett is singled out by clients for his ability to provide ‘very precise, in-depth strategic and commercial advice’.

Legal 500

Mark Harnett of Fladgate LLP enjoys a strong development planning practice. His clients include the Royal Borough of Kensington and Chelsea and Margate Town Centre Regeneration Company. One interviewee comments: “He is very calm and very strategic and enormously user friendly.”

Chambers UK

Highlights for Fladgate LLP included acting for Silus Investments in a judicial review application of the designation of land as a conservation area. Mark Harnett is recommended.

Legal 500

Mark Harnett of Fladgate LLP offers clients “steadfast attention to detail against tight deadlines”, and is “really on the ball – he personally drives things with proactive management whilst understanding the intricacies”.

Chambers UK

Head of department at Fladgate LLP, Mark Harnett is singled out by clients for his ability to bring to negotiations “real insight from his past experience. Mark did a sterling job for us and is extremely insightful, commercial and practical”.

Chambers UK

Fladgate LLP primarily acts for private developers and investors on contentious and non-contentious matters. Recent instructions include advising the Royal Borough of Kensington & Chelsea on planning applications for the Commonwealth Institute, and acting in connection with compensation claims arising from a major development. New clients include Hale Harbour Authority and ING Real Estate. Mark Harnett provides “astute, personable and commercial” service.

Legal 500

At Fladgate LLP, Mark Harnett has been busy handling a mix of contentious and non-contentious mandates, predominantly in the development space. Highlights in 2016 included acting for Hodson Developments on the planning application and associated infrastructure agreement for a substantial residential development at Chilmington Green, Ashford, and representing CLTX in its appeal against an enforcement notice issued by Westminster City Council requiring the brick by brick reconstruction of the demolished Carlton Tavern public house in Maida Vale. Harnett was also active in the waste sector; his work includd advising BP Mitchell on its successful defence to a challenge brought by Tarmac against the decision of Hertfordshire County Council to grant planning for a permanent inert waste recycling facility in the green belt.

Legal 500 2017

  • British Steel Pension Fund – infrastructure agreements following a successful appeal against a refusal of planning permission for a mixed–use development comprising 7,310 sq m industrial warehousing unit, 8,000 sq m retail store and a petrol filling station to be occupied by Asda.
  • Landregal and Finepoint Estates – claims for compensation following the compulsory purchase of industrial units for the 2012 London Olympics. Claims referred to the Lands Tribunal.
  • Cathedral Group – planning application for the redevelopment of a two acre industrial site in London’s Canning Town. The scheme involves the demolition of existing warehouse and factory buildings and the provision of 355 homes with 2,637 sq m of commercial and employment floor space and the pedestrianisation of Hoy Street. Fladgate advised throughout the planning process and on a section 106 agreement which secured various contributions including a £4m affordable housing contribution.
  • Odeon – planning appeal for a new cinema complex in Trowbridge and on compulsory purchase matters.
  • X-Leisure – section 106 agreement required for the planning application for a three screen cinema extension with ancillary restaurants and car parking at Eureka Leisure Park, Ashford, Kent.
  • Dalton Park Ltd – successful defence of a series of judicial review challenges to a planning consent brought by the owner of another potential food supermarket site.
  • Dreamland Amusement Park in Margate – challenge (heard by the Court of Appeal) to a Compulsory Purchase Order in respect of a site extending to approximately 60,000 sq m which formerly operated as the Dreamland Amusement Park in Margate and a claim for compensation against Thanet District Council.
  • Architype Ltd – planning application for a development of land in Kingstone, Herefordshire comprising 150 dwellings (34% affordable), commercial and community facilities. Negotiation of a section 106 agreement was required by Herefordshire District Council in connection with the planning application.
  • Royal Borough of Kensington & Chelsea – agreement to be entered into with a developer in connection with the grant of planning permission and listed building consent for the refurbishment and alteration of the Commonwealth Institute and residential development. The residential development is intended to fund the cost of refurbishing the Institute building which will be occupied by the Design Museum once the works have been completed.
  • Silus Investments – judicial review challenge to the designation by the London Borough of Hounslow of an area of land surrounding Chiswick High Road as a conservation area.
  • Redevelopment of the former Courage Brewery in Bristol – renegotiation of a section 106 agreement entered into in connection with planning permission for the redevelopment. The scheme extends to approximately 963,000 sq ft and includes over 402,000 sq ft of office space, 340 residential apartments, 87,155 sq ft of retail, bar and retail space, a micro brewery and 152,140 sq ft of parking.