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Introduction

Kevin has practised as a barrister since 1986 and is a qualified mediator. He joined 33 Bedford Row in 2019 as Head of the Planning, Property, and Environment Group, having previously been a member of the Planning and Chancery groups at No.5 Chambers from 2008.

In addition to being instructed by solicitors and local authorities, Kevin regularly works directly with professional clients and members of the public under the Licensed Access and Direct Public Access schemes.

Outside the Bar, Kevin was planning director of a property development and construction group of companies. He remains involved with property development outside professional work.

Kevin's approach is commercially focused and collaborative. He is able to work hands on with any team to attain the best achievable outcome. He works quickly and strives to add practical and commercial value to any dispute or project. Kevin is always willing to go the extra mile to achieve the right result.  He is available by phone and email to suit the needs of his professional and lay clients.

Practice

Kevin specialises in planning and land law including judicial review. He appears in court and before tribunals as well as in mediations. In addition to all aspects of land development, his work areas include boundary disputes, rights of way, trespass and nuisance, restrictive covenants, hedgerows, high hedges and trees, and connected matters reviewing local authorities’ conduct. Kevin appears at public inquiries and hearings on planning and enforcement appeals as well as development plan examinations; and acts in both the criminal and civil courts in relation to planning and land law cases.

Kevin is instructed in development cases ranging from residential matters (from one-off to estate schemes) through to commercial/industrial sites (such as retail, office, leisure and hotel projects) as well as traveller cases. In disputes involving boundaries and rights of way, he travels throughout England and Wales to give advice and, when necessary, appears in court and mediations. Kevin's clients are individuals, groups, businesses and local authorities. He also has a niche practice in taxi licensing.

Kevin gives talks to audiences of lawyers, other professionals, local authorities and developers on matters related to both substantive and procedural planning law and development issues including preparing for and participating effectively in planning appeals. He also answers practical questions for the LexisNexis website on its property, planning and litigation panels.

YEAR OF CALL 1986

Experience

Since the 1990s, Kevin has acted as 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 (as counsel) representation on appeal and in court. Outside of the Bar, Kevin assists with development schemes from inception to design and then promotion through to consent – where possible without the need for appeals.

Where commercially viable or tactically appropriate, Kevin has always helped clients push boundaries such as when he commenced the first set of judicial review proceedings and then appeared as junior counsel in the so-called Alconbury cases in the Divisional Court and the House of Lords (now Supreme Court) dealing with human rights’ challenges under Article 6 to the call-in powers of Secretary of State for the Environment, Transport & the Regions.

Direct Access

Kevin has been accredited for direct access since 2006, after it was introduced in 2004. He was Vice Chair of the Bar Council's public access committee and later a member of its direct access panel. Kevin has championed direct access since its inception and addressed diverse audiences on the benefits of instructing counsel directly.

Kevin regularly works with specialist and lay clients. He also acts for clients of solicitors, who choose to instruct him directly inorder to obtain specialist representation, whilst also attaining costs savings and added convenience.

Kevin will provide an initial conference call for free of charge or on a fixed cost basis, wherever possible depending on the urgency and circumstances of the case.

Notable Cases

Allen v SoS & Stratford-on-Avon DC[2012] EWHC 671 (Admin) Reasons challenge including misapplication of PPG2 & development plan policies re siting of mobile home in green belt

Bravebyte Ltd (t/a London Equestrian Centre) v. First Sec. Of State [2004] PLSCS 50 Development in green belt

Changeinvest Limited v Erika Meta Rosendale-Steinhusen[2004] EWHC 264 (Ch) Right of way & precedent conditions

Elcock & Elcock v. Newham LBC(1996) 71 P.&C.R. 575 Blight notice

Euro Garages v. SSCLG + Cheshire West & Chester Council[2018] EWHC 1753 (Admin) Petrol filling station & contextual meaning of impact on openness in green belt

Georgiou v. SoS & Lambeth BC [2011] EWCA Civ 775 Reasons challenge & failure to deal with expert noise evidence

Hair v. Gilman(2000) WL 510 (CA 17thFebruary 2000) Temporary permission for parking converted into permanent easement under s.62 of the Law of Property Act 1925when landlord conveyed to tenant

Hinde v. Rugby BC & SSCLG[2011] EWHC 3684 Period for challenging development plan

Islam v. SSCLG & Tower Hamlets LBC(HC 4thMay 2012) (not yet reported) Whether large umbrellas used as canopy within meaning of development & appealing enforcement notice refusal to grant permission where no challenge on legal grounds

London Borough of Tower Hamlets v. Secretary of State for the Environment & London Galvanizers Ltd31stJanuary 1989 (unreported) Validity of planning condition affecting use of highway

Majorpier Ltd v. Secretary of State for the Environment & Southwark LBC(1990) 59 P.&C.R. 453 Failure to adjourn inquiry & natural justice

Melton v. Uttlesford District Council; R. (on the application of Thomas Melton) v. Uttlesford District Council[2009] EWHC 2845 (Admin) Taxi licence challenges

Milton Keynes Council v. Skyline Taxis & Private Hire Ltd + Gavin Sokhi[2017] EWHC 2794 (Admin) Cross-border taxi licensing

Newham London Borough Council v. Secretary of State for the Environment & Daniel(1995) 70 P & CR 288 Effect of s.54A of TCPA 1990

Perlman v. Rayden[2004] EWHC 2192 (Ch) (7thOctober 2004) Easements for repair & rights of way

R. v. Secretary of State for the Environment, ex p. Collins[1989] E.G.C.S. 15 Definition of curtilage

Re Poulton’s Application(1992) 65 P.&C.R. 319 Discharge of section 52 agreement

R. v. FranklinThe Times 16thJune 1994 Exclusion of interviews under s78 PACE & application of proviso

R. v. GuthrieThe Times 23rdFebruary 1994 Majority direction

R. v. St Albans DC ex p David Weston (on behalf of St Albans Taxi Drivers Association ‘98)19thJanuary 2000 (unreported) Judicial review of deregulation of hackney carriage licences

R. (on the applications of Holding & Barnes plc & Premier Leisure UK Ltd ) v. Secretary of State for the Environment, Transport & the Regions[2001] 2 W.L.R. 1389 Human rights challenge to lawfulness of call-in powers, aka the ‘Alconbury cases’

R. (on the application of Martin McCleave) v. Powys CC + Powell2018 [not reported yet] Duty under S.66 of Listed Building Act 1990& consideration of harm to heritage asset

R. (on the application of Mr & Mrs Rungay) v. SSCLG, Corderoy & Rochford DC[2014] EWHC 627 (Admin) High hedge challenge

Rochford District Council v. Secretary of State for the Environment & Sargant17thFebruary 1989) (unreported) Effect of Green Belt policy on extensions to dwellings

Stanley v. Rawlinson[2011] EWCA Civ 405 Experts’ duties in negligence claim relating to rebuilding wall that collapsed in high winds

Stratford Upon Avon District Council v. Dyde[2009] EWHC 3011 (Admin) Over-charging taxi fare & excluding unfair evidence in criminal trial

Syed Shahid v. Secretary of State for Communities & Local Government[2008] EWHC 2080 (Admin) Effect of future impact where long existing unlawful use

Tewkesbury BC v. 1. Secretary of State for Communities & Local Government 2. Comparo Ltd 3. Welbeck Strategic Land LLP[2013] EXHC 286 (Admin) Meaning & effect of localism under the Localism Act 2011

Thurrock Borough Council v. Secretary of State for the Environment, Transport & the Regions & Terry Holding[2003] EWHC 3138 Unlawful change of use of airfield & incidental aviation purpose to dwelling house

Testimonials

I want to thank you for handling a most challenging case really well. Your cross examination was perfect and your ability to absorb large amounts of new information impressive.

Counsel picks things up very quickly & gives decisive advice taking into account commercial reality. I do not feel that the taximeter is just running for its own sake & I do not feel that I get charged for every minute of every discussion or email. I feel I get effective added value from his input & he is not afraid to lead from the front. 

Because I knew nothing about courts or court procedure or the legal system I found this experience to be very upsetting and very frightening, but Kevin Leigh was extremely supportive throughout and he managed to put me at ease.

Kevin Leigh is sharp witted and extremely capable advocate who exudes confidence and has an affable yet courteous approach to his lay clients.

Appointments

Appointed in 2020 to sit on the 'Conduct and Discipline Panel' of the Royal Town Planning Institute.

 

Your approach at the seminar was refreshingly open, practical and business-like – not the dry lawyerly presentation they had feared.

Kevin is a member of the following professional associations:

      Planning & Environment Bar Association

      Property Bar Association

Chancery Bar Association.

For many years, Kevin was on the Bar Council committee/panel dealing with public and licensed access.

Kevin 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 1985 Kevin graduated from Leicester University. He read law LL.B. (Hons) including planning law and produced a thesis examining airport development with emphasis on London airports following the (then) recent Stansted Airport Inquiry and the report of Graham Eyre QC. The late David Hughes incorporated this into his book Environmental Law (1st ed.) published by Butterworths.

He completed a planning pupillage in 1987 at 2 Mitre Court, Temple (David Widdicombe QC) and became a tenant in Gray’s Inn by the end of 1987 where he developed his own planning practice.

Kevin joined 10 King’s Bench Walk (Simon Goldstein QC) in June 1991 to develop its planning team. In 1998, he was invited to join 6 Pump Court (Stephen Hockman QC) to create a planning and environment group, remaining there until 2007.

He then spent 6 months as planning director of a group of development and construction companies. Kevin was also a founding member of Regency Chambers in Cambridge and Peterborough and a specialist door tenant at Westgate Chambers in Lewes.

Kevin joined No.5 Chambers in 2008 when he returned to fulltime practice as part of its planning/environment and chancery/commercial teams based in London.

In March 2019, Kevin moved to 33 Bedford Row to head up the property, planning and environment group

Publications

Kevin's university thesis on airport development was incorporated by the late Prof. David Hughes into his book Environmental Law (1st ed.) published by Butterworths.

Kevin assisted James Button in the preparation of the 2nd ed. of his book ‘Taxi Licensing – Law & Practice’ (by Butterworths) because of his work in taxi licensing, particularly in cases involving contentious and topical legal issues such as cross-border licensing.