PLANNING
With her broadly based practice, Morag is well placed to provide strategic advice / representation on all aspects of development projects. Some examples to illustrate her experience are:
Infrastructure
- Promoting a new stretch of motorway, the M4 Corridor around Newport, for the Welsh Government at a major public inquiry into Highways Act 1980 Orders, Compulsory Purchase Orders and a called in Listed Building demolition application. The case was a test of recent Welsh Government's Future Generations and Environment legislation, as well as covering many other areas of law such as novel points of law on European Sites and species, SSSIs and mitigation, bridging over the Port of Newport, compensation and State Aid
- Advising the Welsh Government on a major rail-related regeneration project at a former opencast mine
- Advised Anglian Water in its strategic renewables programme and advising on its major HIF funded Cambridge STW relocation DCO project
- Joint Opinion (published) for Thames Water on commons issues in relation to the Thames Super Sewer DCO
- Appeared for Merthyr Tydfil CBC at DCO hearing into Covanta energy from waste proposal at Brig y Cwm
- Joint Opinion on “associated development” (published) and appearance for Camarthenshire County Borough Council and Natural Resources Wales at DCO hearing into the Brechfa Forest Connection Project and advised subsequently on enforcement issues
- Powys County Council v. Welsh Ministers [2015] EWHC 3284: defended s.288 High Court application on behalf of the Welsh Ministers on the issue of materiality of UK NPS on Energy in a Welsh planning appeal
- Numerous public inquiries into major onshore windfarm proposals in England and Wales
- Advised promoters of Swansea Bay Tidal Lagoon on Welsh jurisdictional issues
- Advising a major landowner on the Bakerloo Line Extension TWO proposals
- Advising on a data centre proposal in the Metropolitan Green Belt
Development Plans
- Appearances at Guildford, South Bedfordshire and Runnymede EiPs, promoting release of residential land from the Green Belt for clients in the educational, extra care and sport sectors
- Appearance at Oxford City Local Plan EiP for Oxford Brooks University challenging policies on student accommodation and University expansion
- Appearance at South Oxfordshire Local Plan EiP via remote online hearings for Martin Baker Co., objecting to new village at Chalgrove on aeronautical grounds
- Advising Summix on their promotion of a new Garden Village allocation at Worcester in the joint Local Plan
Residential Schemes
Planning appeals and advisory work for major volume housebuilders and promoters throughout England and Wales including:
- Oaklands College Site, St Albans, representing Taylor Wimpey and Oaklands College at a recovered planning apppeal, securing permission in the Green Belt for College expansion and enabling housing development in the Green Belt
- Wokingham, representing Taylor Wimpey at a planning appeal and in a subsequent High Court challenge to the permission involving consideration of "out of date" in the context of the NPPF and greenfield development
- South Wales, promoting urban extensions at Raglan and Llantwit Fardre at called in hearings, engaging questions of interpreting and applying Planning Policy Wales 10 guidance on Future Generations planning, especially active travel and flooding policies
- Current housing projects include appeals on major allocated sites in Kent and the Midlands, totallying c 3000 homes, an appeal on a greenfield urban extension in Norfolk, advising on a health centre / housing project in flood zone in West London and strategic advice on a new village on South Wales
- Planning appeals and advisory work for later living providers including sites in the New Forest, Bath, Harpenden, Runnymede and Kent (National Park, World Heritage Sites, heritage policy and design, C2/C3, Green Belt / VSC)
- Appeared for the Mayor of London in the Heythrop College planning appeal on viability / affordable housing issues in the context of a prime extra care scheme bridging over part of the District Line at Kensington on the site of a listed building in a Conversation Area
- Advising Unite in relation to student accommodation projects in major UK cities including hearing (national, local and London policies for specialist C2 student accommodation)
Sport / Urban Regeneration / Commercial
- Advice for Marks and Spencer on amalgamation of retail premises
- South Wales Valleys: Advising on major snow leisure scheme
- Flamingo Park: Cray Wanderers FC called in planning application for sports facilities and enabling development on MOL in South East London, resulting in grant of planning permission on revised application
- The Hive: advising on Football First mixed use regeneration proposal at Harrow
- Advising London Borough of Redbridge on a planning CPO for a town centre regeneration project
- Instructed for Grosvenor Estates in a planning appeal at 50 Finsbury Square for a roof extension and refurbishment to a Foster office building, providing contemporary office space and related uses, including gym facilities
- Western Avenue, Park Royal : virtual planning inquiry into industrial / hotel mixed use proposal for Old Oak and Park Royal Development Corporation in the Strategic Industrial Location
Waste, Minerals, Renewable Energy
- Tir Pentwys, Pontypool: Conjoined planning appeal and Commons and Public Right of Way diversion inquiry into a quarry proposal (recovery of high PSV secondary aggregate from opencast waste) near Pontypool, S Wales, raising issues including Ancient Woodland, Welsh environmental legislation, need for minerals and drawing on Morag's longstanding knowledge of minerals and waste proposals in Wales
- Bryn Quarry, Cwmbargoed: Morag has acted on several projects for this mixed use limestone high PSV quarry, green waste and intensive dairy unit enterprise, including a planning inquiry into a biodigester plant and advising on planning applications and enforcement in relation to quarry extensions
- Advising on reclamation projects at Nant Helen and Ffos y Fran mines and advised local authorities on enforcement issues at East Pit and Margam Mine
- Appeared for Merthyr Tydfil CBC at DCO hearing into Covanta energy from waste proposal at Brig y Cwm
- Appeared for Camarthenshire County Borough Council and Natural Resources Wales at DCO hearing into the Brechfa Forest Connection Project and advised subsequently on enforcement issues
- Powys County Council v. Welsh Ministers [2015] EWHC 3284: defended s.288 High Court application on behalf of the Welsh Ministers on the issue of materiality of UK NPS on Energy in a Welsh planning appeal
- Boulby Mine: advising the operators of this offshore potash and polyhalite mine on lease renewal under the Working Mines Facilities Act 1966 and related matters
- Advised Anglian Water on strategic renewables project across their facilities and advising on its major HIF funded Cambridge STW relocation project via DCO
- Joint Opinion for Thames Water on commons issues in relation to the Thames Super Sewer DCO
- Llanvapley Monomouthshire: appeared for promoter at first Welsh s.78 inquiry into a major solar PV project
Heritage
- Morag appeared for English Heritage and the National Trust in the leading case of Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 and her practice reflects her knowledge and expertise in all aspects of heritage work, secular and ecclesiastical
- Roseland wind farm: appeared for the National Trust in s.78 appeal into a proposed windfarm in the setting of a G1 listed Hardwick Hall
- Birch Church: instructed by the Church Commissioners on a proposed public inquiry under the non-statutory convention in the Skelmersdale Agreement into demolition of a listed closed church
- Stowe School: promoting new Design, Technology and Engineering building in the setting of G1 listed Stowe Mansion and in G1 Registered Park and Garden / Conservation Area
- Chateau Impney: advising on regeneration proposals for G2* listed mansion and estate
- Instructed for Grosvenor Estates in planning appeal on 50 Finsbury Square for roof extension and refurbishment to Foster's office building, providing contemporary office space and related uses, including gym facilities, in Conservation Area
- Former magistrates' court and police station, Rosslyn Hill, Hampstead, appeared in virtual planning / listed building inquiry for LB Camden concerning proposals to re-site free school in listed building which was designed as prototype combined justice centre with speicalist provision for juveniles
- M4 CaN motorway inquiry included a called application to demolish a listed former rectory at Magor and reconstruct in a new location
- Appeared in the Court of Arches for the parish, school authorities and LB Tower Hamlets in Spitalfields Open Space Ltd v. The Governning Body of Christ Church Primary School, the London Diocesan Board for Schools, the London Borough of Tower Hamlets and another [2019] Fam. 343 concerning enforcement in respect of a school building erected in breach of the Disused Burial Grounds Act 1884, forming the setting of the G1 listed Hawksmoor Church
Enforcement
- North and South Fairground inquiries, Hampstead Heath: appeals against enforcement notice and refusal of lawful development certificate in relation to a pair of sites on the edge of Hampstead Heath, at which Morag appeared for LB Camden; legal issues included the relationship of use of land as travelling show people's site to use as a residential caravan site and application of the 4 year rule to a hut and the point at which use as a dwelling house commenced
- Athlone House: planning appeal and subsequent s.288 challenge (Athlone House Ltd v Secretary of State for Communities and Local Government [2015] EWHC 3524 (Admin)) at which Morag represented LB Camden; another Hampstead Heath case concerning MOL and NPPF exceptions, the case also raised legal questions about the materiality of failure to carry out restoration works to an unlisted building in a Conservation Area pursuant to s.106 obligation
- Haringey Warehouse Living: appeared at enforcement appeal and advising on CLEUD applications in connection with changes of use to communal living space; issues include correct use class, having regard to degree of shared space and relationship to HMO legislation
- Retail Parks: advising Northampton BC on Certificates of Lawfulness in relation to retail park reconfigurations
- Advised Bridgend and Neath Port Talbot Councils on enforcemen issues at East Pit and Margam Mine
- Brecha Forest Connection: advised Carmarthenshire CBC on enforcement of DCO requirements
TOWN / VILLAGE GREENS AND COMMONS
Morag has great experience of appearing at numerous non statutory town and village green inquiries into registration and she has also chaired such inquiries in England and Wales, as well as assisting Commons Registrations Authorities to determine applications for registration in writing. She is also regularly instructed on applications for deregistration and exchange in England and Wales.
Together with Philip Petchey, Morag has drafted guidance for the Association of Commons Registration Authorities on rectification of registers in England under the Commons Act 2006. They also prepared written, published advice on behalf of Thames Water on the relationship of the London Supersewer NSIP to rights in relation to urban commons.
Morag gave evidence to the Senedd on the amendments eventually made to the 2006 Act by the Planning (Wales) Act 2015.
Court Appearances
- Leeds plc v. Leeds City Council [2010] EWCA Civ. 1438 : appeared for the Registration Authority, defending registration based on user from more than one neighbourhood
- Somerford PC v. Cheshire East Council and Richborough Estates plc [2016] EWHC 619 (Admin) : appeared for Richborough Estates responding to a Judicial Review of Cheshire East's refusal to register land as a Town or Village Green on the basis that it was highway land. Issues included whether or not the Authority should have used its powers under s.101 Local Government Act 1972 to transfer the application to another Council as it was the landowner, perceived bias and highway status.
New TVG Registrations
A full list of Morag's appearances at inquiries into applications to register new TVGs is available on request, but she has extensive experience of all the most familiar scenarios in England and Wales which occur, including:
- Land held for statutory purposes including public recreation and pleasure grounds and for recreational purposes incidental to housing (eg. St Andrews Gardens, Gravesend; land for educational / sporting purposes (Wigwam Field, Papplewick; Marden cricket and hockey ground; Barry Sports and Social; Cowbridge cricket ground)
- Land held for temporary recreational purposes pending development (Toxteth, Liverpool)
- Land held pursuant to a recreational trust (Blagrave recreation ground, Reading)
- Statutory incompatibility (Cefn yr Hendy)
- Paths (land at Kereseley; Wilson Street, Derby)
- Land used pursuant to a recreational lease (Greensquare Field, Finchley)
- Highway user (Porth y Wrach, Menai Bridge)
- Obstructions / interruptions (land outside Natural History Museum, Knightsbridge; Wigwam Field, Papplewick)
- Insufficient user (Wilson Street, Derby)
- No established locality or neighbourhood (Wilson Street, Derby; land at Kereseley)
- Implied permission (Marden cricket and hockey ground)
- Compatibility with agricultural use (Cefn yr Hendy, Miskin)
De-registration and exchange
- Tir Pentwys inquiry: appeared for applicant in conjoined planning appeal, de-registration and exchange under Commons Act and Highways Act applications into major minerals reclamation proposal near Pontypool; issues included consideration of the statutory factors in the context of Welsh Future Generations and environmental legislation
- M4 CaN inquiry: appeared for the Welsh Government at conjoined inquiry promoting Highways Act Orders and Schemes and various other applications including exchange of common land subject to compulsory acquisition under the Highways Act 1980 for proposed new motorway, widely seen as a test case for Welsh Future Generations and environmental legislation
- Mynydd Llanllwni inquiry: appeared for objectors at conjoined planning appeal and applications under the Commons Act for major windfarm proposal; issues included the ability of the Appellants to implement environmental mitigation scheme having regard to commoners' rights
- New Addington: strategic advice for London Borough of Croydon on de-registration and exchange of TVGs as part of urban regeneration project
HIGHWAYS / PUBLIC RIGHTS OF WAY / FOOTPATHS
Morag promoted the M4Corridor around Newport on behalf of the Welsh Government. This nationally significant project comprised numerous Orders and Schemes under the Highways Act 1980, involving highly technical evidence spanning the disciplines including traffic modelling, engineering, ecology, drainage, landscape and historic environment. The scheme included proposals to bridge over the Port of Newport, engaging statutory provisions concerning navigation rights and statutory undertakers' rights in relation to compulsory purchase. The case was widely seen as a test case for Welsh Future Generations and environmental legislation.
She advises widely on Public Rights of Way ('PROW') issues, both as part of development projects and independently, including applications under s. 53 Wildlife and Countryside Act 1981, stopping up orders under Highways and Planning legislation (including various public inquiries into such orders), Private Street Works matters, s.278 Agreements and obstructions. Public inquiries / Court cases have included:
- South Downs National Path: successive public inquiries into public path creation order under s.26 Highways Act 1980 and associated advice on compulsory acquisition of land under Highways Act, together with associated litigation on costs awards.
- Tir Pentwys inquiry: appeared for applicant in conjoined planning appeal, de-registration and exchange under Commons Act and Highways Act applications into major minerals reclamation proposal near Pontypool; issues included consideration of the statutory factors in relation to stopping up and diversion in the context of Welsh Future Generations and environmental legislation.
- Prince of Wales Road: inquiry into stopping up order under planning powers in LB Camden on behalf of developer. Issues included overlap with planning considerations, loss of open space, safety.
- Parkmill Farm, Princes Risborough: appeared on behalf of Highways and Local Planning Authorities at conjoined public inquiry into planning appeal for major residential development and stopping up / diversion orders under planning powers. Issues included bridging over / routeing under a railway line, public safety, Network Rail policy, compulsory acquisition powers.
- Edwards v. IGas and Others: private prosecution for obstruction of a public footpath brought by protester against Defendant company who were carrying out exploratory works connected with potential gas recovery ('fracking'). Issues included defence of 'lawful authority', liability of directors personally, status of Definitive Map and the powers of the Director of Public Prosecutions to take over and discontinue private prosecutions.)
- Somerford PC v. Cheshire East Council and Richborough Estates plc [2016] EWHC 619 (Admin) : appeared for Richborough Estates responding to a Judicial Review of Cheshire East's refusal to register land as a Town or Village Green on the basis that it was highway land. Issues included whether or not the Authority should have used its powers under s.101 Local Government Act 1972 to transfer the application to another Council as it was the landowner, perceived bias and highway status.
COMPULSORY PURCHASE / COMPENSATION
Morag has longstanding experience of promoting and objecting to CPOs, including:
- Highways schemes (M4 CaN; Blackhorse Lane, Waltham Forest; Pontypridd ring road, Rhondda Cynon Taf; Brent Cross, London)
- Economic development: Nelson Miners' Welfare Site, Caerphilly
- Town centre redevelopments: Bromley, Leeds and Wolverhampton
- Estate regeneration CPO at Kidbrooke for LB Greenwich; advising LB Waltham Forest in relation to their urban regeneration scheme for Ilford Town Centre
- M4 Corridor around Newport, which Morag promoted on behalf of the Welsh Government, was a nationally significant project comprising numerous Orders and Schemes under the Highways Act 1980, involving highly technical evidence spanning the disciplines including traffic modelling, engineering, ecology, drainage, landscape and historic environment. The scheme included proposals to bridge over the Port of Newport, engaging s.16 Acquisition of Land Act 1981 and provisions of the Highways Act concerning navigation rights. Issues arising included s.16 certificate, State Aid in relation to compensation and the interpretation of s.280 Town and Country Planning Act 1990. The case was widely seen as a test case for Welsh Future Generations and environmental legislation.
- Cambridge Sewage Treatment Works proposed DCO: advising Anglian Water and its team in relation to all aspects of major infrastructure proposal.
