Kevin Leigh

Barrister, 33 Bedford Row

I have been a barrister since 1986. I also managed property development/construction companies in 2007-2008 and continue to be involved in property development outside of my professional work.

For many years I was on the Bar Council committee/panel dealing with public and licensed access. I also sat for over 12 years on ‘The Disciplinary Tribunal of the Council of the Inns of Court’ as a judge dealing with professional complaints against barristers. In 2020 I was appointed for 3 years to the RTPI’s ‘Conduct & Discipline Appeal Committee’.

I have acted as an ad hoc consultant to property developers and organisations dealing with land providing advice and assisting project management from inception (looking at sites and proposed projects, negotiating with vendors, meetings with planning authorities) through to obtaining consent including representation on appeal and in court.

At the Bar I specialise in all aspects of planning law (especially residential and commercial schemes including retail, office, leisure and hotel development) and real property issues (boundaries, easements and covenants). I also advise and represent clients in judicial review and misfeasance cases. I have appeared at all levels of the civil and criminal courts as well as in inquiries and hearings.

Member of the Planning & Environment, Chancery and Property Bar Associations. Answers questions for LexisNexis on property, planning and litigation. On the Bar Council dealt with direct/licensed access. Disciplinary tribunal judge hearing complaints.

Contributed to

8

A letter of claim was received from a neighbour, asserting that the adjoining property is trespassing onto their land. The property itself was built in 1998 by the previous owner but the trespass was only discovered a few months ago by a surveyor acting for the neighbour. What would the relevant date be for limitation purposes? Would this amount to a continuing trespass?

A letter of claim was received from a neighbour, asserting that the adjoining property is trespassing onto their land. The property itself was built in 1998 by the previous owner but the trespass was only discovered a few months ago by a surveyor acting for the neighbour. What would the relevant date be for limitation purposes? Would this amount to a continuing trespass?

Q&As

Property Disputes

A section 106 agreement states that an ancillary building cannot be used as a dwelling. An application for a lawful development certificate (LDC) is subsequently submitted, demonstrating that the use of that dwelling is lawful as it has been used as a single dwellinghouse for at least four years. Can the application for an LDC be used to confirm compliance (or lack thereof) with the planning obligation? Assuming not, is that enough of a ground to refuse the application? If the LDC is granted, can enforcement under the section 106 agreement still be taken?

A section 106 agreement states that an ancillary building cannot be used as a dwelling. An application for a lawful development certificate (LDC) is subsequently submitted, demonstrating that the use of that dwelling is lawful as it has been used as a single dwellinghouse for at least four years. Can the application for an LDC be used to confirm compliance (or lack thereof) with the planning obligation? Assuming not, is that enough of a ground to refuse the application? If the LDC is granted, can enforcement under the section 106 agreement still be taken?

Q&As

Can section 96A of the Town and Country Planning Act 1990 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?

Can section 96A of the Town and Country Planning Act 1990 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?

Q&As

If a property was granted an HMO licence but has since become vacant, and a local authority search reveals that it is subject to an Article 4 direction prohibiting change of use from C3 to an HMO, can the buyer still benefit from the HMO licence on the basis that the property has been vacant post the Article 4 direction?

If a property was granted an HMO licence but has since become vacant, and a local authority search reveals that it is subject to an Article 4 direction prohibiting change of use from C3 to an HMO, can the buyer still benefit from the HMO licence on the basis that the property has been vacant post the Article 4 direction?

Q&As

Is the only mechanism to approve a footpath closure under section 14 of the Road Traffic Regulation Act 1984 (RTRA 1984) for longer than six months to apply to the Secretary of State for an extension under RTRA 1984, s 15(5)? Can a further order be made on expiry of the the initial order?

Is the only mechanism to approve a footpath closure under section 14 of the Road Traffic Regulation Act 1984 (RTRA 1984) for longer than six months to apply to the Secretary of State for an extension under RTRA 1984, s 15(5)? Can a further order be made on expiry of the the initial order?

Q&As

Once 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.

Once 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.

Q&As

What is 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 and the lease was granted in 2022? Does this mean that B1 use will be excluded, while B2 and B8 use are permitted?

What is 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 and the lease was granted in 2022? Does this mean that B1 use will be excluded, while B2 and B8 use are permitted?

Q&As

When a planning committee refuses an application for planning permission and that refusal is subject to an appeal or judicial review, can the local planning authority settle either an appeal or a judicial review in advance and if so would any settlement need to be agreed with the planning committee or its chairman?

When a planning committee refuses an application for planning permission and that refusal is subject to an appeal or judicial review, can the local planning authority settle either an appeal or a judicial review in advance and if so would any settlement need to be agreed with the planning committee or its chairman?

Q&As

Practice Areas

Panel

Q&A Panel

Qualified Year

1986

Experience

1 Verulam Buildings (1986 - 1991)
10 Kings Bench Walk (1991 - 1998)
6 Pump Court (1998 - 2007)
No.5 Chambers (2008 - 2019)

Membership

Chancery Bar Association
Planning & Environment Bar Association
Property Bar Association

Qualification

Bar Finals (1986)

Education

University of Leicester (1985)

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