Paul Ashwell

Local Government & Public Law

Planning

Paul acts for developers, groups of residents, neighbours and for Local Planning Authorities. He advises, and appears at inquiries at applications for injunctions and in prosecutions. He is always keen to get on site quickly to better understand the problem. His real property practice enables him to deal also with the problems of restrictive covenants and rights of way that often go hand in hand with planning disputes.

Licensing

Paul acts for public authorities and for individuals and groups, advising them and representing them at application hearings and in court.

National Health Service

Paul regularly represents residents and their families on appeals to Independent Review Panels for NHS Continuing Healthcare payments.

Selected Cases

Planning

• Defending owner of  listed Manor House against High Court injunction proceedings to stop building works and negotiating undertakings.
• Advising owner of blocks of residential flats whether a condition attached to planning permission to build roof-top penthouses was a genuine pre-condition.
• Defending owner of listed stables against Listed Building enforcement prosecution in Magistrates Court.
• Defending owner of Grade 1 listed town house designed by Robert Adam against Listed Building prosecution.
• Advising owner on section 106 agreement on conversion of former public house and sports club to residential flats.
• Advising owner of former pig unit on conversion to residential, scope of permitted development rights and response to Planning Contravention Notice.
• Successfully advising house owner on representations to make to defeat application by neighbour for development of garden by building a pavilion, garage block, office and swimming pool.

Licensing

• Representing a neighbourhood group at application for new premises alcohol licence by a boutique B&B in a prestigious residential area.
• Prosecuting a train operating company for leaving trains running at night causing nuisance by noise. 
• Accompanying neighbours of urban public house to meeting with Council to agree action to reduce nuisance by noise.

Contract

• Acting for a City Council in dispute over use of a 700+ space car park.
• Advising a Unitary Authority on contracts for letting beach huts.
• Acting for a County Council in a dispute over construction of a school playing field.
• Acting for a Borough Council in dispute over defective construction of a multi-storey municipal car park.
• Advising a Borough Council on the rights of owners of allotments and provision of access to proposed new housing development.

Environment

• Successfully defending owner of an industrial estate against a Council’s applications for ASBO injunctions to prevent burning of waste.