Kevin Leigh

This Q&A considers whether an adjoining property built in 1998 that was found to have been trespassing on the other property in 2021 after a survey was completed would amount to a continuing trespass, and what the relevant date would be for limitation purposes.

This Q&A looks at whether a lawful development certificate (LDC) can be used to confirm compliance with a planning obligation, the grounds on which an LDC application can be refused and whether, if an LDC is granted, enforcement action can still be taken under the section 106 agreement.

ThisQ&A considers whether a local planning authority can use an enforcement notice to require land to be restored to its condition before development took place when it is unaware of the condition of the land before the development took place.

This Q&A looks at whether a right of way can be granted in a transfer over a road which is yet to be constructed.

This Q&A looks at whether a s 106 agreement can be used to impose obligations on a developer to perform works on land that is not the subject of the planning application.

This Q&A looks at whether section 96A of the Town and Country Planning Act 1990 can be used to apply for a non-material amendment to a planning permission where the applicant only has an interest in some but not all of the land.

This Q&A looks at how a planning obligation to submit an ecological enhancement scheme for approval can be formally discharged.

This Q&A looks at whether a buyer can still benefit from an HMO licence where the (now vacant) property is subject to an Article 4 direction prohibiting change of use from C3 to an HMO.

This Q&A consider whether, if a watercourse is a natural watercourse and there is no evidence to the contrary to rebut the presumption of ownership of the bed and sub-soil to the middle of the watercourse, can a joint riparian owner lay an outfall pipe extending into the watercourse and drain into the watercourse. It also considers if the presumption does not apply because there is evidence to the contrary, can a riparian owner lay an outfall pipe and drain into a natural watercourse, and what the position would be if the watercourse is an artificial watercourse.

This Q&A looks at whether the only mechanism to approve a footpath closure under section 14 of the Road Traffic Regulations Act 1984 (RTRA 1984) for longer than six months is to apply to the Secretary of State for an extension under RTRA 1984, s 15(5)

This Q&A considers a situation where land which previously formed part of the public highway is stopped up, can the owner of the land either side of the former highway apply for first registration under the ad medium filum rule? The local authority does not have title to it.

This Q&A considers whether non-service of a copy of an enforcement notice is enough to demonstrate that an enforcement notice is invalid or whether non-service is simply a gateway to enable a challenge of the validity of an enforcement notice on other grounds.

This Q&A looks at the effect on a lease that defines a permitted use as B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 as at the date the lease is granted, where the lease was granted in 2022.

This Q&A looks at whether there is a time period applicable to the discharge of obligations under section 106 of the Town and Country Planning Act 1990 in Wales.

This Q&A looks at the whether a planning appeal or judicial review can be settled, where the local planning authority has refused an application for planning permission.

This Q&A considers whether a deed of easement can be entered into with a tenant where a deed of easement is being granted by a tenant under a lease and the lease was not registerable (being less than seven years).

This Q&A considers if where a planning permission (and in this case listed building consent) has been validly implemented by the owner of a property and the owner is now selling the property, the buyer is under an obligation to complete the works required by the implemented planning permission (and in this case listed building consent).