Stephen Morgan

Stephen has always specialised in planning and related fields of law, having graduated in both law and planning. One of his main areas of practice is village greens and commons and he regularly sits as a village green Inspector as well as advising on these matters. His experience, both as adviser and advocate, also covers the range of planning and related topics, including major infrastructure projects and in particular waste and energy facilities; his work covers the regulatory aspects (under the various regimes and Directives) as well as the planning issues. Stephen regularly gives presentations as part of the Landmark Chambers seminar series but also at other major events. These have covered village greens and commons and localism and neighbourhood planning – Stephen has a particular interest on how those new powers can be used and the opportunities and implications they bring. Stephen is recommended by Chambers & Partners 2014 as a leading planning law junior, which states that, "He is exactly the sort of pragmatic and approachable counsel that clients love." The Legal 500 2013 also ranks Stephen as a leading junior in planning law. He is a member of PEBA.
Contributed to

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Compulsory purchase—compensation
Practice Note

This Practice Note provides guidance on the general principles of compensation following a compulsory purchase order (CPO). It explains: the general principles of compensation; what the ‘Compensation Code’ is; the basis for compensation, including market value of land taken, severance and injurious affection, disturbance and fees; planning assumptions in valuing land; the date of valuation; the time limit for bringing a claim; blight; when compensation is payable for the execution or continued use of works or for interference with an easement or other right; and reforms in the Neighbourhood Planning Act 2017.

Green belt and green wedge policy in Wales
Practice Note

This Practice Note provides guidance on green belt and green wedge policy in Wales, including: legislation and policy; differences between England and Wales; the difference between a green belt and a green wedge; purpose and designation; the presumption against inappropriate development; and the effect of the Well-being of Future Generations (Wales) Act 2015.

Hazardous substances and planning
Practice Note

This Practice Note covers the policy regime relating to hazardous substances and how policy considerations are taken into account in development management decisions and plan making. It focuses on how consideration of hazardous substances consent is dealt with in the planning application and plan making processes.

Minerals planning
Practice Note

This Practice Note provides guidance on mineral planning policy in England and Wales, including: the definition and types of minerals; national policy; Minerals Planning Authorities and their functions; planning applications; constrained areas; procedural aspects; minerals local plans; minerals planning orders; and review of minerals planning conditions.

Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges
Practice Note

This Practice Note summarises the provisions pursuant to which a statutory planning challenge can be brought. It explains the scope of challenges which can be brought under TCPA 1990, ss 287 and 288, P(LBCA)A 1990, s 63, P(HS)A 1990, s 22 or PCPA 2004, s 113. It explains who has standing to bring a statutory planning challenge, the applicable statutory time limits for commencing proceedings, what the grounds of claim focus on, and procedural matters under the applicable Civil Procedure Rules.

The Planning (Wales) Act 2015
Practice Note

This Practice Note explains the key provisions of the Planning (Wales) Act 2015 (P(W)A 2015). It covers: the background to P(W)A 2015; objectives of P(W)A 2015; sustainable development; development planning, including the National Development Framework, strategic planning and local development planning; applications direct to Welsh Minister for developments of national significance; development managements; enforcement and appeals; and town and village greens.

Town or village greens—property development
Practice Note

This Practice Note provides guidance for property buyers/developers in relation to town and village greens (TVGs). It explains: the test for registration; the effect of registration of land as a TVG in terms of preventing development and restricting use; use of applications by objectors to prevent, deter or slow down development; the statutory bar on applications; checking the status of land and avoiding registration.

World Heritage Sites
Practice Note

This Practice Note explains the importance of sites inscribed as World Heritage Sites (WHSs) by the United Nations Educational, Scientific and Cultural Organisation (UNESCO). It covers the number and location of WHSs; protection of WHS settings; and how WHSs are taken into account in the planning system in terms of permitted development rights, planning application requirements and what considerations apply to the determination of applications for development of or near WHS.

Other work

Development in the green belt

This Practice Note explains the circumstances in which development may be permitted in the green belt. It covers the meaning of ‘very special circumstances’, the construction of new buildings, change of use, renewable energy and recreation in the green belt in England (under the National Planning Policy Framework) and Wales (under Planning Policy Wales).

Green belts

This Practice Note explains: policy relating to green belts, with reference to the National Planning Policy Framework; the presumption against inappropriate development in the green belt unless very special circumstances can be demonstrated; purposes of including land in green belt; how boundaries are determined; the removal and establishment of green belt land; and how green belt land use swaps work.

Town and village greens—making an application to register a TVG

This Practice Note provides guidance on the application procedure for TVGs. It covers: who can apply, exclusions from the right to apply (‘trigger events’), the application requirements including required supporting evidence, the time limits for registration and landowner’s statements.

Town and village greens—registration, rectification, correction and deregistration

This Practice Note covers: the background for registration of town and village greens (TVGs) under both the Commons Registration Act 1965 (CRA 1965) and the Commons Act 2006 (CoA 2006), the 1965, 2014 and pioneer commons registration authorities and the introduction of separate processes for pioneer and non-pioneer areas, the content of TVG registers and how the TVG register can be amended by way of correction, rectification and deregistration in England and Wales, in both the pioneer and non-pioneer areas.

What is a town or village green?

This Practice Note provides guidance on the characteristics and requirements of town and village greens (TVGs). It explains: the legislative context and provisions of the Commons Act 2006; and the statutory requirements for registration, including the burden of proof, lawful sports and pastime, discounted use and meaning of ‘significant number of inhabitants’ and ‘as of right’.

Practice areas

Qualifications

  • M.A. in environmental planning (MRTPI course)
  • LL.B (Hons)

Membership

  • Planning and Environmental Bar Association (PEBA)

Panel

  • Consulting Editorial Board
  • Contributing Author

Education

  • Nottingham University
  • Warwick University

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