Planning & Rating Cases

Long–standing use of agricultural land for parking (Re CF)

Paul represented the Local Authority in a Planning Inquiry concerning the use of an extensive site for off-airport car parking. This long-running case involved a company which had been granted initial permission to use farmland to park 200 cars, and had subsequently extended their multi-million point operation to accommodate 1400-1500 vehicles without additional permission. The Continue reading

Retaining right of way to a local footpath (Re HSM)

Paul represented a Local Authority in a footpath inquiry involving access across private land owned by a wild fowl conservation (shooting) club. Local walkers had historically used the footpath as it joined two other paths approximately ¾ mile apart to create a circular walk. They asked the Local Authority to take action when the shooting Continue reading

Disputing the status of a Listed Building

Paul represented a Local Authority in a dispute regarding Listed Building status of a historic building; involving the identification and description of the building and the enforceability of the Grade 2 listing. The building’s owner had already carried out a significant amount of work to the building, demolishing large parts of it, before civil proceedings Continue reading

Complex planning issue involving a mobile home

Melanie acted for the Respondents in a case involving purchase of a permanently sited ‘mobile’ home on a site in a Conservation Area. Although purchased from a reputable developer, the site became the subject of an enforcement notice by the local authority, relating to lack of correct planning permission. Melanie successfully negotiated a favourable outcome Continue reading

Preventing inappropriate development in a residential area

Melanie acted for a Residents’ Association in an appeal against planning permission for a substantial non-domestic development in a residential area. The focus of her clients’ objection was: change of use inappropriate development in a residential area increased traffic and related parking issues in a residential area Melanie’s representation on behalf of her clients was Continue reading

Unlawful activity in an area of outstanding natural beauty

Melanie acted for the Respondent in respect of a planning prosecution involving an appeal against an Enforcement Notice, which required the Appellant to cease using residential land for business purposes, remove a number of vehicles from the site and return it to a condition appropriate to an area of outstanding natural beauty. Melanie’s representation on Continue reading

Test case relating to correct RV

Melanie acted for the Appellants in respect of an appeal which related in the main to Valuation issues and in particular, the correct Rateable Value (“RV”) of the hereditament in the List. The preliminary legal issues were whether (i) an oral agreement as to the RV satisfied the procedural rules and (ii) whether a proposal Continue reading

Test case relating to Lottery funded hereditament

In this test case, Melanie acted for the Respondent in relation to a National Sports Centre hereditament .The issues encompassed, (i) the identity of the rateable occupier and (ii) whether adjustments (and if so the size thereof) should be made at Stage 5 of the Contractor’s basis of valuation to reflect grant funding and flood Continue reading

Obsolescence and Rateable Value

Melanie acted for the Appellant in respect of a ‘first generation computer centre’ hereditament. The site, which had originally been built for military use, had been stripped out and the issues before the Tribunal were 3-fold, namely, (i) whether the hereditament should be treated as obsolete as a computer centre and/or whether it was incapable Continue reading