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Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.
A conservatory has been built within 3 metres of a public sewer without the consent of the water undertaker. What are the possible sanctions for doing this?
Among the changes recently made to the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, SI 2020/757, is the addition to the list of sui generis uses of inter alia: ‘(q) as a drinking establishment with expanded food provision’. Is it intended to be a reference to the new temporary permitted development right under Class AA? Is there anything that explicitly spells this out?
Are contributions under section 106 of the Town and Country Planning Act 1990 caught by state aid rules or are they exempt?
Can a community that wishes to nominate a property as an asset of community do so eight weeks prior to the end of the five-year listing period?
Can an agreement made under section 106 of the Town and Country Planning Act 1990 include an obligation to transfer part of the land directly to a third party (who is not a party to the agreement) for example, a parish council?
Does a private heritage railway fall within the definition of statutory undertaker in section 126 of the Building Act 1984?
How can local authorities comply with regulation 4(b) of the Neighbourhood Planning (Referendums) Regulations 2012 in light of the current coronavirus (COVID-19) restrictions?
In what circumstances is a local authority required to repay a developer their section 106 contributions?
Is any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) subject to disclosure rules in terms of evidence? Should document exchanges between parties be marked without prejudice or is there no need for this?
Is there any evidence to suggest that the Limitation Act 1980 would not apply to the enforcement of section 106 obligations?
Should an application for a Certificate of Lawfulness of Proposed Use or Development (CLOPUD) be refused if the proposed development would be in breach of a condition to an existing permission requiring development to be in accordance with approved plans? The CLOPUD application proposes a different internal layout (to include an additional bedroom) from the approved plans of the earlier permission.
Where a successful section 73 application has been made to the Local Planning Authority, resulting in the grant of a new planning permission with varied conditions, is it then possible to make a further variation to that section 73 permission by way of a further application under section 73 of the Town and Country Planning Act 1990?
Middle Temple, Compulsory Purchase Association
University of Manchester
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