Michael Kelly

Service area(s): Planning

Office: Cambridge

Position:Principal Solicitor

Telephone:01223 532759

Email:michaelkelly@hewitsons.com

Overview:

Mike is a Senior Solicitor in the Planning and Environmental Team, a Legal Associate of the Royal Town Planning Institute having passed by examination in 1998. He has wide experience of Planning Highways and Compulsory Purchase having developed a particular specialism in transport infrastructure and related development matters.

He is an experienced advocate having appeared at many Public Inquiries acting both for developers and for Local Authorities and has previously been involved in major projects working on such matters as the West Coast Main Line Capacity Enhancement Orders and other applications made under the Transport and Works Act 1992. He also acted on behalf of the promoter of the Thames Gateway Bridge Scheme which involved Planning Compulsory Purchase Highways and associated Road Traffic Regulations Orders.

Experience:

Mike has particular experience in the field of compulsory purchase having prepared and submitted Compulsory Purchase Orders under Planning and Highway Legislation on behalf of Local Authorities and developers. He has led objections to Compulsory Purchase Orders when acting on behalf of transport infrastructure companies. These included major retail redevelopments around Doncaster and Bath Spa railway stations securing advantageous results for clients in each case. He also has experience of Compulsory Acquisition in relation to Listed Buildings and of consequent compensation proceedings in the Lands Tribunal.

Mike has advised on the negotiating and drafting of planning obligations and unilateral undertakings both on behalf of private developers and Public Authorities. These have included developments upon special category land (Metropolitan Open Land) and upon Green Belt. These agreements often include the provision of affordable housing, new highway layouts and associated infrastructure (Samworth Academy in Leicester). He was also involved in the preparation of a novel joint London Boroughs Agreement concerning commitments made between various London Boroughs and Transport For London in connection with the Thames Gateway Bridge scheme and covering such matters as low emission measures, local labour provisions and commitments to funding public art and new pedestrian/cycle ways.

Mike also has wide experience of proposed planning and new development proposals, having made representations in connection with emerging core strategy and in relation to site allocations proposals. He has also represented clients in clarifying the past use of land. This involved the obtaining of Certificates of Lawful Existing Use for Agricultural Barn Conversions, confirming independent residential use of dwellings and the use of premises as offices.

In connection with Heritage matters he has advised in relation to developments in the curtilage of listed buildings where buildings are under threat of listing and development is underway and has undertaken enforcement action on behalf of local authorities where listed buildings have been damaged or altered without the requisite consent.

Often in connection with development schemes he advises on Highway matters and the need to carry out stopping up or highway diversion. He has acted in connection with a number of proposals to divert and create public highways adding new highway to the definite map. These applications have been under the Planning and Highways Acts and include footways, bridleways and carriageway.

In relation to Enforcement generally he has experience of opposing Enforcement and Breach of Condition Notices and has acted for Local Planning Authorities who have sought injunctions under the Planning Act and been instructed by landowner third parties in relation to unauthorised traveller sites where Enforcement and Stop Notices have been issued and appeals have ensued.

Background:

Mike joined Hewitsons in 2007 having gained previous experience both in the public sector and in private practice in Westminster, London.