Landmark Chambers

Experts

8

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Alex Goodman
Landmark Chambers
Alistair Mills
Landmark Chambers
David Nicholls
Barrister
Landmark Chambers
James Maurici, QC
Landmark Chambers
John Hobson
Landmark Chambers
Reuben Taylor
Landmark Chambers
Richard Turney
Landmark Chambers
Stephen Morgan
Landmark Chambers
Contributions by Landmark Chambers

2

Judicial review—standing in environmental matters
Judicial review—standing in environmental matters
Practice notes

This Practice Note outlines the test for standing in judicial review (JR) proceedings and specifically looks at standing in the context of environmental law judicial reviews. It was produced in partnership with Landmark Chambers. It covers the sufficient interest test, claimants and funding.

Protective costs orders (PCOs) in environmental matters
Protective costs orders (PCOs) in environmental matters
Practice notes

This Practice Note considers the use of protective costs orders (PCOs) in judicial review (JR) proceedings for environmental matters, produced in partnership with Landmark Chambers. It explains what a PCO is, and when they can be used in environmental matters. It covers access to justice and costs under the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention), the application of the Civil Procedure (Amendment) Rules 2013, SI 2013/262 (CPR), PCOs in an Aarhus Convention claim and PCOs in non-Aarhus claims under CPR. It also covers the changes regarding costs protection in judicial reviews after the entry into force of sections 88–90 of the Criminal Justice and Courts Act 2015.

Contributions by Landmark Chambers Experts

25

Compulsory purchase—compensation
Compulsory purchase—compensation
Practice notes

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.

Development in the green belt
Development in the green belt
Practice notes

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).

Discharge from bankruptcy
Discharge from bankruptcy
Practice notes

This Practice Note, produced in partnership with David Nicholls of Landmark Chambers, considers what discharge from bankruptcy is, when it occurs, and what effect it has on the bankrupt and their creditors.

Effect of the debtor's death on an insolvency process
Effect of the debtor's death on an insolvency process
Practice notes

This Practice Note looks at what happens where an individual debtor dies before or after bankruptcy proceedings are commenced against them, and before and after an individual voluntary arrangement they have proposed is approved by their creditors. This Practice Note is produced in partnership with David Nicholls of Landmark Chambers.

Green belts
Green belts
Practice notes

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.

Interim orders and individual voluntary arrangements (IVAs)
Interim orders and individual voluntary arrangements (IVAs)
Practice notes

This Practice Note, produced in partnership with David Nicholls of Landmark Chambers, considers interim orders made in the context of individual voluntary arrangements (IVAs). Interim orders prevent legal proceedings against debtors—and execution against debtors’ property—from being commenced or continued with, except with the leave, or permission, of the court while the debtor’s IVA proposal is considered by creditors.

Judicial review—environmental matters
Judicial review—environmental matters
Practice notes

This Practice Note considers the two main routes by which a claimant may challenge a High Court decision: judicial review and statutory challenge. It focuses on key grounds of challenge and common issues in environmental challenges. It was produced in partnership with Alistair Mills of Landmark Chambers.

Minerals planning
Minerals planning
Practice notes

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

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
The Planning (Wales) Act 2015
Practice notes

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.

The process of entering into an individual voluntary arrangement (IVA)
The process of entering into an individual voluntary arrangement (IVA)
Practice notes

This Practice Note, produced in partnership with David Nicholls of Landmark Chambers, looks at the process by which a debtor proposes and enters into an individual voluntary arrangement (IVA) with their creditors.

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

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

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?
What is a town or village green?
Practice notes

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’.

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