Leanne Buckley-Thomson

Leanne Buckley-Thomson

Year Called: 2009 (Middle Temple)

Teams: Landlord & Tenant and Housing (Commercial, Residential, Social), Planning (Planning Appeals, Enforcement, Village Greens, Rights Of Way & Highways, Judicial Review, Forward Planning), Chancery, Common Law (Insolvency, Personal Injury), Public Access (Direct Public Access)

Qualifications: LLB (Hons) Bristol, MSc FPC (Open); BVC, Bristol Institute of Legal Practice; Civil and Commercial Mediator, ADR Group

Memberships: Western Circuit, RTPI, NAPE, ALBA

Positions: Communications/Social Media Representative, RTPI South Coast Young Planners Network

Bar Council Registration

Leanne is a dedicated civil practitioner specialising in planning and housing law. She is meticulous in her preparation with exceptional client care skills and attention to detail. Whilst friendly and approachable her advocacy is firm and robust.

Leanne has represented clients before a range of tribunals including in the Senior Courts and at public inquiries. Her previous career as an in-house advocate means that she understands the dynamics between the professional and lay client.

In addition to her usual instructions, Leanne is a qualified trainer (ILM and NCFE) and is available to be booked to deliver bespoke training to your organisation. Leanne is able to cover a range of topics within her practice areas dependent upon client needs. Please contact the clerks for more information.

Planning

Leanne acts for private developers, consultants, local authorities and interest groups in a range of matters related to planning control including public inquiries, planning enforcement, injunctive proceedings and appeals. In June 2016 she acted as Junior to Scott Stemp in the Court of Appeal in the case of Kestrel Hydro v Secretary of State for Communities and Local Government & Spelthorne Borough Council [2016] EWCA Civ 784.

Leanne regularly advises as to changes of use, stationing of mobile homes & caravans, development with residential curtilages and 'granny annexes', the interpretation and application of the Use Classes Order, Lawful Development Certificates, Assets of Community Value (ACVs), highways and Rights Of Way. She has experience dealing with matters concerning Habitats Regulations and protected species. Recent work has included advising on planning policy making.

She is well-versed in inquiry advocacy having represented appellants and local planning authorities at inquiry, and also having worked on larger scale inquiries and statutory appeals to the High Court. Leanne also details with matters of planning enforcement, both by way of enforcement notice and injunction.

Leanne is available for instruction on a Licensed Access or Direct Public Access basis by Developers, Planning Consultants, Public Interest Groups, and members of the public.

Recent work in 2016 includes:

· Currently instructed as junior to Scott Stemp acting for a Rule 6 Party to provide pre-inquiry advice ahead of representation at a 3 week inquiry in 2017 with respect to an appeal against refusal of planning permission for a replacement secondary school and the construction of 295 dwellings;

· Acting for an appellant to provide pre-inquiry advice and representation at inquiry dealing with refusal of planning permission and appeal of enforcement notices for an existing industrial centre from which 42 business operate. Pre-inquiry correspondence following advice resulted in the enforcement notices being withdrawn;

· Acting for a local planning authority at a 2 day inquiry regarding the refusal of planning permission for a development consisting of 19 houses and 60 flats – main issue in contention Employment Land Loss;

· Advising a local planning authority with respect to breach of condition notices;

· Advising prospective applicant in conference as to their likely prospects in an application for judicial review against the decision of their local planning authority to grant planning permission;

· Representing a local planning authority at Planning Hearing – main issue in contention 5 year Housing Land Supply;

· Advising a prospective appellant as to their position with regard to the possible issue of an enforcement notice relating to alleged unauthorised use of land as residential, including advice as to application of the 4-year and 10-year statutory rules;

· Representing a local planning authority at trial for breach of enforcement notice against two Defendants;

· Acting as junior to Scott Stemp in the Court of Appeal case Kestrel Hydro v Secretary of State for Communities and Local Government & Spelthorne Borough Council [2016] EWCA Civ 784 which reinforced the statutory basis for the Murfitt principle in planning enforcement;

· Acting for an appellant at a 2 day inquiry regarding the refusal of a Lawful Development Certificate – main issue in contention whether or not the dwelling was ancillary to the main dwelling;

· Acting for a local planning authority at a 2 day inquiry regarding the refusal of a Lawful Development Certificate – main issue in contention whether the structure was a mobile home;

· Representing a local planning authority in multiple s116 applications to stop up highway land;

Outside of Court Leanne regularly delivers seminars in all aspects of land and planning law. Recent seminars include “Tackling Operational Development within Material Change of Use (Murfitt) as addressed in Kestrel Hydro (NAPE Annual Conference 2016); Effective Case Presentation Workshop (South Coast Young Planners Network 2016); The Housing and Planning Act 2016 (RTPI Spring Legal Update 2016); Translating the new GPDO (RTPI Spring Legal Update 2015); and Waste Planning (Environmental and Planning Law Conference - March 2015). Leanne has also delivered bespoke training sessions; recent examples include training sessions on the Housing and Planning Bill, Community Infrastructure Levy, Town and Village Green applications, and changes to the GPDO. Should you be interested in tailored training for your organisation please do not hesitate to contact Leanne's clerks for further details.

Housing & Land

Leanne is an experienced junior practitioner frequently instructed to act across a spectrum of Housing and Land law matters. She acts in a range of social and residential housing matters including possession claims with respect to all manner of security of tenure, Anti-Social Behaviour, Crime and Policing Act 2014 injunctions (and injunctive proceedings more generally), claims against trespassers, demotion, nuisance, applications to stay warrants for eviction (including Sheffield v Hopkins and Manchester v Finn arguments), and committal proceedings. Leanne has experience dealing with deposit protection scheme defences and harassment claims. She is also well versed in representing clients dealing with Equality Act 2010 arguments and has particular experience dealing with disrepair claims.

Leanne’s practice also extends to contested succession claims (including arguments as to only/principal home and succession in the case of minors) and matters concerning unlawful eviction (including applications for damages). Leanne is regularly instructed to consider cases concerning homelessness including applications to appeal to the County Court and judicial review.

Leanne is able to advise with respect to the operation of tenancy agreements and unfair contract terms. She has experience acting in matters concerning service charges and business rates including advising on appeal from LVT to the Upper Tribunal. With respect to Land law more generally, Leanne has particular experience acting in boundary disputes and advance possession claims.

Leanne is routinely instructed to draft advices as to merit, notices, pleadings and witness statements for such matters and can do so to tight deadlines if necessary. Her training as a Civil and Commercial Mediator gives her an added perspective in negotiations.

General Civil Litigation
Leanne cut her teeth as an in-house civil Advocate for a national solicitors’ firm and as such gained a wealth of experience in civil litigation advocacy prior to her career at the bar; in particular dealing with matters concerning personal injury, RTAs, credit hire, contract and tort. As a senior advocate Leanne was involved in auditing files, and advised in file surgeries. Leanne was regularly instructed to represent both Claimants and Defendants at CMCs and application hearings, small claims trials and infant approvals. She also drafted quantum and liability advices in-house and provided regular telephone advice.

At the bar Leanne continues to act in such matters and is available for instruction in small claims, Fast Track and Multi-Track matters from interlocutory hearings (including cost management) through to trial. She is able to draft quantum opinions and advices as to prospects, as well as pleadings.

Direct Public Access
Leanne is direct public access trained and thus available for direct instruction in all of her areas of practice. She may be instructed for one off pieces of written work, hearings, or a combination of work. Leanne is happy to discuss options for instruction via her clerks in order to tailor a package to suit your needs and budget where possible.

VAT Number 158787547

12 College Place, Fauvelle Buildings, Southampton SO15 2FE

Tel: (023) 8032 0320 Fax: (023) 8032 0321