William Webster > Chambers of David Berkley QC > Bournemouth, England > Lawyer Profile
Chambers of David Berkley QC Offices
3PB BOURNEMOUTH, 30 CHRISTCHURCH ROAD
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William’s practice comprises traditional land-based Chancery and town and country planning, both in the public and private sectors. He is the author, and also the co-author of text books on planning, easements, the registration of village greens, public rights of way, the listing of assets of community value and restrictive covenants.
Areas of expertise
- Land-related professional negligence
- Registration of land
- Village greens
- Assets of community value
- Public rights of way
William’s next book, entitled “Renewable Energy from Wind and Solar Power: Law and Regulation” is due to be published by Wildy, Simmonds and Hill by June 2020.
Planning Law: A Practitioner’s Handbook
This book runs to 766 pages and includes a foreword by Lord Justice Lindblom who is a senior planning judge in the Court of Appeal. The book was published by Wildy, Simmonds and Hill in February 2019. It covers a wide range of planning topics and planning-related topics within a single volume.
Lord Justice Lindblom’s foreword to this book is as follows:
In an area of the law that is constantly changing, and constantly growing in complexity, a new text book will always be welcome – the more so if it is thorough, reliable and insightful. This one undoubtedly is.
The challenges facing an author who aims to reflect recent changes to the legislative regime for planning, and to record the work of the courts in developing and clarifying the law, are formidable. Gathering the various themes into a clear and usable guide is no easy task.
William Webster has managed to cover his subject fully, with a sure grasp of the law, and a facility to point out the salient principles where they occur. His discussion of the principles governing development control and plan-making, the interpretation of national planning policy, planning conditions and obligations, environmental impact assessment, the enforcement of planning control, listed buildings and conservation areas, town and village greens, the lawfulness of planning decisions, and a host of other topics, is thoughtful, lucid and comprehensive. The analysis is sound, and amply supported by relevant case law.
Practitioners looking for answers to the questions they meet in advising clients on the law, and when preparing argument in proceedings before the courts, can expect to find answers here. For judges too, both in the Planning Court and elsewhere, the text will be enlightening.
I wish this excellent book the success it deserves.
The Right Honourable Lord Justice Lindblom
Royal Courts of Justice
Click here for more information about the contents of the book on the publisher’s website.
Click here to read a review of the book in Thomson Reuters by Dr Ashley Bowes, Editor of the Journal of Planning & Environment Law.
Topics covered include:
- Assets of community value
- Town and village greens
- Public rights of way
- Gypsies and travellers (policy and enforcement)
It is written for busy planning practitioners in the private and public sectors and includes, within a single chapter, the final revisions to National Planning Policy Framework published in July 2018. The book is a single up-to-date reference book and contains a substantial body of footnotes covering the material primary and secondary legislation and case law.
Restrictions on the Use of Land
This book was published by Wildy, Simmonds and Hill Publishing in November 2016 and extends to nearly 600 pages. It was co-authored with a colleague at 3PB (Robert Weatherley). The book contains sections on easements, village greens, public rights of way, restrictive covenants, assets of community value and elements of planning law. The authors are indebted to Lord Neuberger, then President of the Supreme Court, for his helpful foreword:
‘A book which analyses and explains this complex law (governing the use of land) in an authoritative, up-to-date, practical and clear way is to be warmly welcomed. William Webster and Robert Weatherley deserve warm thanks for having produced such a timely book.’
William is qualified to accept instructions directly from members of the public and professional clients under the Direct Access Scheme.
William has a substantial body of recent experience in planning law where he has acted for both local planning authorities and developers, notably on appeals involving proposals for development in the green belt. William also has a special interest in listed buildings and planning conditions which seek to restrict occupancy of new or converted dwellings to local inhabitants. William has a special interest in heritage assets (a recent application on which he advised involved development within the site of a scheduled monument) and has also been instructed to advise in connection with planning conditions which affect the occupancy of new or converted dwellings to local inhabitants. William has also advised on planning obligations which concern developer delivery of school sites. William considers that his expertise in planning law is assisted by his lengthy background as a Chancery lawyer specialising in land law.
William also advises on the control of advertisements. He recently advised on the likelihood of a consent to the siting of an elevated digital display unit on a building overlooking a large roundabout having five exits and four entrances.
William is also regularly instructed by landowners and local authorities in cases involving planning enforcement. William has acted in cases where enforcement has involved claims for demolition and where unlawful sub-division has given rise to demands for substantial compensation under the Proceeds of Crime Act 2002. He also appeared for the landlord in Paramaguru v Ealing LBC  EWHC 373 (Admin) where it was held by the Planning Court that children under the age of 18 counted as ‘residents’ for the purposes of a Class C4 use within the meaning of the Town and Country Planning (Use Classes) Order 1987. The case has serious consequences for landlords of small HMOs occupied by six or fewer residents which do not require planning permission.
William also appeared for the appellant in Crawford-Brunt v Secretary of State for Communities and Local Government  EWHC 3580 (Admin) where the claim to standing failed as neither appellant had made objections during the appeal process and merely lived in neighbouring properties. William had unsuccessfully attempted to distinguish the facts of this case from the decision of the Supreme Court in Walton v Scottish Ministers  PTSR 51.
William was also recently involved in a successful application to discharge an order under section 215 of the Town and Country Act 1990 (under which an authority may take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area).
William is also currently involved in a substantial, high value litigation between operators involved in the management, disposal and recycling of household waste materials.
Town and village greens, commons and highways
William has considerable experience in relation to commons and village greens on which he has written and regularly given seminars. He regularly takes part as an inspector or counsel in a large number of village green inquiries. He advises applicants for registration, landowners and registration authorities on matters of procedure, evidence and law on a range of matters, not least in relation to the prescriptive acquisition of recreational rights over land and what to do when your land has been wrongly registered as a green.
William was instructed by Surrey County Council to act as the non-statutory inspector in R (NHS Property Services Ltd) v Jones  EWCA Civ 721, a case which went to the Court of Appeal where William’s recommendation to the registration authority on the statutory incompatibility objection was restored (William’s report to the registration authority ran to 111 pages). This case is now proceeding in the Supreme Court (being conjoined with R (Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs  EWCA Civ 721) following the grant of permission obtained on 31/10/2018).
William also appeared as junior counsel in the Supreme Court in Taylor v Betterment Properties (Weymouth) Ltd  UKSC 6, now the leading case on non-peaceable use. William also speaks regularly on village greens and highways.
Public rights of way is another challenging area of the law and gives rise to acute conflicts of interest. All too often the issue is whether an ancient track in the countryside is in law a public highway or, if it is, whether those who would like to use it with motorbikes for recreation have had their rights taken away by legislation. William has regularly appeared for landowners at inquiries in the case of opposed modification orders.
Assets of Community Value
William is an expert on the law and practice of assets of community value which was introduced in the Localism Act 2011. He acted for the listing authorities of Trafford Council and Liverpool City Council on the listing of the football stadia of Old Trafford and Anfield. He has also appeared for landowners at review hearings where it is possible to rescind a listing prior to a challenge being taken by a landowner to the General Regulatory Chamber of the First-tier Tribunal. As the jurisprudence develops these cases are becoming ever more complex, particularly in cases involving the closure or development of public houses (by far the most popular type of asset listed as an ACV, at least until permitted development rights were disapplied in 2015).
William has expertise in the law of easements (including rights to light) and restrictive covenants in the development context, where he has had a number of cases in the Upper Tribunal dealing with applications to discharge or modify restrictive covenants affecting freehold land. He also regularly deals with disputes on title, conflicts over boundaries and claims to possessory titles. William is also very familiar with the law and practice affecting business and agricultural tenancies and he has a great deal of experience in claims involving rent review, dilapidations or other breaches of covenant in these sectors.
Recent cases have included:
- Advice on proposal for a tall building in a city centre location alongside a canal and close to heritage assets
- Non-determination appeal involving extensive residential development close to European sites.
- Advice on disputed enabling residential development intended to fund enhancements to woodland and improve appearance of the area.
- Village green inquiry and inspector’s report in the case of an urban site near Cannock in Staffordshire.
- PDL/greenfield site development in Cotswolds AONB raising heritage issues affecting scheduled monument (buried Roman archaeology).
- Village infilling exception appeal in Dorset Green Belt.
- Developer advice on disputed level of mitigation contribution and design issues on 100 plus unit development on green field site.
- Disputed curtilage involving an already developed site: issue of remedy and definition of boundary.
- Inspector at 5-day non-statutory village green public inquiry instructed by Wiltshire Council.
- Acting for Bournemouth, Christchurch and Poole Council (BCP) as landowner, at DMMO public inquiry where development at stake.
- Excessive use of easement involving garden centre’s use of single carriageway road access: preliminary issue hearing on scope of grant.
- Claimed easement over developed site: query remedy and, if necessary, assessment of damages in lieu of injunction.
- Boundary dispute involving alleged encroachment into SSSI.
- Trespass to goods claim involving unlawful removal of externally located refrigeration plant: assessment of business loss.
- Right to light loss arising from overshadowing commercial redevelopment.
- Recent delivery of completed manuscript to publishers: “Renewable Energy from Wind and Solar Power: Law and Regulation”.
William’s experience in his field of chancery work allows him to examine, advise upon and conduct claims where professional negligence issues arise. His expertise in property issues lead him to be called in where there may have been negligence by professional advisers such as counsel, solicitors, surveyors or valuers.
Called 1975; Middle Temple.
- Western Circuit
- Chancery Bar Association
- Property Bar Association
- Bristol University (1974)
- Inns of Court School of Law (1975)
Lawyer Rankings(Leading Juniors) Ranked: Tier 1
Construction and planning remain mainstay work spheres for 3PB, with Paul Newman undertaking a wide range of construction instructions, and village green specialist William Webster a strong presence in planning matters.