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KIM MAHER
PARTNER 
Admitted as a solicitor:  2006

CONTACT DETAILS

Tel:     020 3059 1540

Email: kim.maher@djblaw.co.uk

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AREAS OF EXPERTISE

Planning 

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Kim is a planning law expert with over 11 years’ experience. Having practised both in-house at West Berkshire District Council and privately at Cobbetts LLP (now DWF), Kim can advise on the full spectrum of planning law.

 

Her experience includes negotiating s106, s38 and s278 agreements, advising on compulsory purchase orders, enforcement matters, listed buildings, boundary disputes (including riparian ownership), highways law as well as judicial review.

WORK HIGHLIGHTS

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West Berkshire District Council:

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  • Provided legal services to clients in the Place Directorate, primarily in the Development & Planning and Transport & Countryside departments (and their subdepartments; Planning/Development Control, Planning Enforcement, Planning Policy, CIL, Highways, Minerals & Waste, Countryside, Trees) and to the Housing and Land Charges Departments.

 

  • Review, drafting and negotiation of complex s.106 and s.106A TCPA90 (and s.52 TCPA71) agreements reviewing and providing comfort letters and consents, drafting and negotiating complex highways agreement including s38, s.278, s.228 agreements (and notices) and s.4 HA80 agreements and s.8 HA80 cross-boundary agreements, build-over agreements, s.177 licences, deeds of dedication and housing nominations agreements.

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  • Instructing solicitor in judicial review cases, including a high-profile success against Rosebourne Ltd, securing a judgment order for payment of £500,000 of disputed and unpaid CIL liability and recovery of full costs. An excellent track record of successfully defending pre-action claims proving cases were not arguable or totally without merit.

 

  • Instructing Solicitor on numerous appeals cases and inquiries (involving unauthorised conversion to residential, lawful use & continuous use, brownfield status and viability) advising on enforcement matters (unauthorised development and/or changes of use: storage containers, caravans, fencing, mezzanines, barn conversions, class Q, creation of accesses and unauthorised demolition).

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  • Providing advice on a wide range of Highways related legal matters, way and successfully resolved litigious contractual disputes enforcing under s.278.

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  • Steering Group advisor for planning and highways advice for private/Council joint venture (Sterling Cables site in Newbury) residential and road infrastructure project, advising on s.73, 73A and s.96A, common law dedication, adverse possession, advanced payment code, private streetworks code (s.205 HA80) and enforcing against and renegotiating the funding agreement.

 

  • Advising upon all aspects of development management and running legal surgeries, dealing with queries on established use, planning units, Pilkington principle, curtilage disputes, prior approval procedures, rights of way, widening of highways, self-build, local lettings plans, breach of conditions, lawfulness, listed buildings, regulation 75 habitats approvals, NDPs, planning overages agreements.

 

  • Advised on CIL matters, in respect of queries relating to double charging, phasing and reserved matters, offsetting, exemptions, establishment of “in use”, commencement and liability, judicial review, and CIL liability debt recovery actions.

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  • Advised on TPOs; lapsed orders, order service and validity, overhanging trees, impact of access on root structures, hedgerow removal, tree works orders, s.23 dangerous trees, s.24 powers of entry, use of miscellaneous provisions and the statutory review procedure, TPO compensation. This included successfully establishing liability of, and enforced against, park home operator at Garston Park.

WORK HIGHLIGHTS

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Cobbetts LLP (now DWP):

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  • Advising on GPDO this included Minor Operations, Change of Use (White Rose/Retail Units), Temporary Uses, Agricultural Buildings (Leavesley Group), Industrial/Warehouse, Statutory Undertakers, Aviation (Tatenhill Airfield/TAG), Mineral Exploration, Demolition of Buildings, Crown Development (Leavesley Group), Art. 4 Directions.

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​Clued/Clopud:

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  • Advising on planning position, drafting and submission of applications;

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  • Advising on existing use and the planning unit, (primary/dominant/ancillary) interruption and abandonment of use, interviewing clients and witnesses and preparing Statutory Declarations (Garage/Workshop on the A1 at South Witham Services).

 

  • Dealing with enforcement matters, such as PCN’s, BCN’s and enforcement notice appeals.

 

  • Advising on boundary disputes, property and highways, and riparian ownership.

 

  • Advice regarding Reg. 4 of Advertising Regulations 2007 (Pt. 2 Class 2/deemed consent).

 

  • Advising on Licensing Act 2003, this included Take Away/Hours of Operation.

 

  • Advice on Listed Buildings in need of repair (s.54 LBCA 1990) this included buildings such as Mackrill and Elmswell Old Hall, Garton.

 

  • Preparation, submission and running of Planning Appeals to conclusion.

 

  • Responsibility for numerous Public Inquiries with major successes including:

- Warwick Energy and Caythorpe Gas Storage Inquiry, and

- Able UK and Ghost Ships Inquiry.

 

  • Advising on Planning (Hazardous Substances) Act 1990 (Able UK).

 

  • Compulsory Purchase related work, including: Prepared, drafted and submitted the Order entitled The Caythorpe Gas Storage Limited (Caythorpe Gas Storage Facility) Compulsory Purchase Order 2006, and Completed the Schedule and established and drafted Order Maps.

 

  • s.106, s.38 and s. 278 Agreements work: Negotiated and drafted agreements for major development projects, urban renewal, retail and leisure schemes, Salford City Stadium development, motor racing circuits such as Silverstone.

 

  • Planning Litigation matters, including attending the successful mediation of a case involving our client and YEB in respect of a landlocked Electricity Pylon in our client’s ownership.

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