Matthew Tucker

Solicitor

  • Profile
  • I have extensive experience of acting for local authorities in both contentious and non-contentious planning matters, including planning agreements, Compulsory Purchase Orders, planning enforcement, technical planning advice, highways matters, public inquiries, statutory appeals and judicial review challenges. My practice includes advising authorities, NHS bodies, registered providers, and private sector clients.

    Experience

    • A significant proportion of my practice involves negotiating, drafting and advising on section 106 agreements, section 38 agreements, section 278 agreements, development agreements and deeds of variation.
    • Acted for The Royal Borough of Windsor and Maidenhead in respect of planning enforcement matters, including:
      • Providing detailed bespoke advice on technical enforcement and planning policy queries.
      • Reviewing and inputting into officer reports and draft notices.
      • Practical advice, support and assistance on the application of development control powers.
      • Appearing on behalf of the Council as advocate in planning prosecution proceedings.
    • Supported local authorities as Legal Adviser to their Development Control Panels/Planning Committees, providing strategic and technical high-level planning advice to Officers and Members where required.
    • Acted for authorities on planning appeal matters, including large-scale commercial development, change of use enforcement appeals, and Traveller site proposals in the Green Belt, working alongside Counsel.
    • Advised an authority defending a planning decision against a judicial review claim, succeeding at the High Court, Court of Appeal and Supreme Court levels (R. (Eastwood) v Windsor and Maidenhead RLBC [2016] EWCA Civ 437).
    • Frequently advised client officers on certificate of lawfulness applications, including assessing the content of applications against the legal criteria.
    • Provided detailed advice to an authority client on the strategic application of legal powers to revoke planning permission, and related advice on withdrawal of a certificate of lawfulness.
    • Supplied comprehensive advice and support to multiple local authorities in respect of Neighbourhood and Local Plans, in relation to legal procedure, evidence base and substantive content.
    • Advised Wokingham Borough Council on various aspects of the Council's Town Centre Regeneration scheme, including:
      • Working with the Council's development partner on planning issues.
      • Reviewing and inputting into Cabinet reports and planning applications advanced by the Council, providing detailed legal advice and support throughout the Regeneration process.
      • Advising on ancillary related matters (e.g. highways and environmental queries).
    • Provided detailed advice to authorities on Compulsory Purchase Orders and strategic use of powers.
    • Supported an authority with the implementation process for the Community Infrastructure Levy, including delivering CIL training, providing advice on viability and interactions with local policy, and detailed technical support on the application of the Regulation 122 test.
    • Supplied legal and drafting support in relation to Supplementary Planning Documents.
    • Provided detailed advice on permitted development rights, changes of use and use classes.
    • Advised on Article 4 matters, including carrying out the legal processes required to give effect to directions on behalf of an authority client.
    • Supplied detailed advice and assistance on Assets of Community Value, interpretation of the Localism Act 2011, the nomination process, and clarification of the relevant guidance.
    • Acted for authorities on a variety of contentious planning matters, including judicial review claims, injunctions restraining existing and anticipated breaches of planning control, and committal applications in the High Court.

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