Landmark Chambers

This Practice Note discusses undocumented migrants claiming to be children, the general policy of the Home Office on assessing age, local authority age assessments and the procedure for challenging local authority age assessments.

This Practice Note provides a brief overview of support for families with children under the age of 18 who claim asylum, failed asylum seekers who have children under the age of 18, and unaccompanied asylum seeking children who reach the age of 18 while under the care of a local authority.

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.

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).

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.

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.

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.

This Practice Note sets out guidance on how green belt is treated in the planning system in England and Wales. It 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.

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.

This Practice Note covers the local authority’s duties where a child (person under the age of 18) arrives in the UK alone. It covers the various duties following age assessment depending on the determination, including the duty to accommodate and transition at age 18.

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.

This Practice Note discusses issues that a local authority (LA) should consider in its treatment of non asylum seeking families with no leave to remain and dependent children, including the LA’s duties towards a family of this type and the steps that an LA can take to avoid breaching the family’s rights under the European Convention of Human Rights.

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 sections 287 and 288 of the Town and Country Planning Act 1990, section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990, sections 73 and 183 of the Historic Environment (Wales) Act 2023, section 22 of the Planning (Hazardous Substances) Act 1990, or section 113 of the Planning and Compulsory Purchase Act 2004. 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.

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.

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.

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.

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.

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.

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’.

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 WHSs.