Stephen Morgan
Stephen has always specialised in planning and related fields of law, having graduated in both law and planning. One of his main areas of practice is village greens and commons and he regularly sits as a village green Inspector as well as advising and appearing in relation to these matters. His experience, both as adviser and advocate, also covers the range of planning and related topics, including major infrastructure projects and in particular waste and energy facilities; his work covers the regulatory aspects (under the various regimes and Directives) as well as the planning issues. His practice covers the whole range of developments including large new settlements, along with other residential, commercial and mixed use developments of all scales.
Stephen has regularly given presentations as part of the Landmark Chambers seminar series but also at other major events. These have covered planning policy, highways, village greens and commons and localism and neighbourhood planning.
In Legal 500 for 2023 it is stated that 'Stephen is a pleasure to work with, highly accessible, very thorough and provides clear and concise advice. Stephen's advocacy skills are excellent and, in particular, he strikes up a great rapport with planning inspectors.'
Panels
- Consulting Editorial Board
- Contributing Author
- Other Publications
Qualified Year
- 1984
Membership
- Planning and Environmental Bar Association (PEBA)
Qualifications
- M.A. in environmental planning (MRTPI course)
- LL.B (Hons)
Education
- Nottingham University
- Warwick University
12 Contributions by Stephen Morgan
PRACTICE NOTES
Compulsory purchase compensation: valuation, disturbance, injurious affection, no-scheme and hope value reforms - LCA 1961, NPA 2017, LURA 2023, PIA 2025 (England and Wales)
Context
The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and confirmation of a compulsory purchase order (CPO) is usually regulated by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources and limits of compulsory purchase powers.
Legislative changes to CPO compensation
Important changes concerning compensation for compulsory purchase have been introduced by:
...
Planning
PRACTICE NOTES
Green Belt and new ‘Grey Belt’: NPPF 2024 rules, exceptions, very special circumstances, Golden Rules and key authorities (England), with PPW overview (Wales)
The National Planning Policy Framework (NPPF)
The National Planning Policy Framework (NPPF) provides robust safeguards for the green belt. It explains that the government places significant weight on green belts, and makes clear that the core objective of green belt policy is to stop urban sprawl by ensuring land designated as green belt remains permanently open. Consequently, there is a clear presumption against development that is inappropriate within the green belt, and considerable weight must be afforded to any harm to the green belt when deciding planning applications. The first iteration of the NPPF came into force in 2012 (the 2012 NPPF). It was then updated in 2018, 2019, 2021, September 2023, December 2023 and December 2024. The latest NPPF, issued in December 2024, does not change the essential aim of green belt policy or its five stated purposes. Yet it has brought in notable amendments to allow further development in the green belt in defined circumstances, with a particular focus on areas of the green belt assessed as under-performing, and these areas are now to be referred to as ‘grey belt’...
Planning
PRACTICE NOTES
Green Belt Policy, Boundary Reviews and 'Grey Belt' Reforms in England and Wales (NPPF 2024/PPG 2025; PPW), Case Law, Golden Rules, Green Wedges and NDMPs
The core purpose of green belt policy is to curb urban sprawl by safeguarding land as permanently open. Openness and permanence are the defining features of green belts.
Policy
National policy for England’s green belts is contained in the National Planning Policy Framework (NPPF). First issued on 27 March 2012, it has been superseded several times, most recently in December 2024. Under the NPPF, local planning authorities (LPAs) must establish green belt boundaries and decide applications in line with its green belt policies. Inappropriate development is generally resisted unless very special circumstances can be shown such that the scheme’s benefits clearly outweigh harm to the green belt. The NPPF identifies forms of development regarded as appropriate within the green belt. This is supported by Planning Practice Guidance (PPG) on the green belt, updated in February 2025 to reflect the substantial December 2024 NPPF changes. For further detail, see Practice Note: Development in the green belt...
Planning
PRACTICE NOTES
Green belts and green wedges in Wales: PPW and Future Wales policy, designation, inappropriate development, case law, and the Well-being of Future Generations (Wales) Act, with contrasts to England
Introduction
The planning regimes of England and Wales have diverged markedly in recent years, both in policy and statute. In Wales, planning is a wholly devolved responsibility. This divergence began in 2000 with the creation of the then Welsh Assembly Government. Although the Government of Wales Act 1998 transferred most planning matters, it was the second devolution referendum in 2011 that conferred primary law-making powers, paving the way for the Planning (Wales) Act 2015 (P(W)A 2015). That Act has further widened the gap between Welsh planning law and that elsewhere in the UK. P(W)A 2015 sets a statutory purpose for planning functions and clarifies the duty to pursue sustainable development under the Well-being of Future Generations (Wales) Act 2015 (WFG(W) 2015). Since March 2002, Welsh planning policy has been set out in Planning policy in Wales (PPW), backed up by detailed Technical advice notes (TANs) and other guidance; see the Practice Note on Planning policy in Wales. Wales is also the first UK nation to adopt a national development framework—Future Wales: The National Plan 2040...
Planning
PRACTICE NOTES
Minerals Planning in England and Wales: NPPF/PPW Policy, Plan-making, Applications, EIA, Safeguarding, Reviews and Enforcement
STOP PRESS
From 25 March 2026, the principal provisions of the Levelling-up and Regeneration Act 2023 on plan-making are in effect. This Practice Note is being revised to reflect those changes.
This Practice Note outlines the core aspects of the planning frameworks in England and Wales relevant to minerals development. As minerals are only workable where they occur, and because site restoration is integral to such schemes, particular considerations arise when planning for and consenting mineral extraction.
Minerals policy for England
The key policy and guidance sources in England include:
the National Planning Policy Framework (NPPF)
Planning Practice Guidance (PPG) — offering detailed direction on applying NPPF policies
the Marine and Coastal Access Act 2009, which established mechanisms for the sustainable stewardship and use of marine resources, including the requirement for a Marine Policy Statement (MPS). The UK MPS sets out minerals policy for offshore mineral interests...
Planning
PRACTICE NOTES
Planning (Wales) Act 2015: practitioner overview of sustainable development duties, plan hierarchy, development management, enforcement, town and village greens, DNS-to-SIP infrastructure consents, and current Welsh planning law consolidation
Background
In October 2011, an independent advisory panel was created to examine how the planning system in Wales was being delivered in practice. By 2014, the panel concluded that a comprehensive ‘root and branch’ overhaul was unnecessary, though it proposed a series of measures to enhance the system as a whole. This process culminated in the Planning (Wales) Act 2015 (P(W)A 2015), which formally obtained Royal Assent on 6 July 2015 and—save for one principal exception—is, in practical terms, now substantially in force, for the most part, following its detailed commencement provisions and seven Commencement Orders, the most recent issued in 2021. The exception concerns the facility to apply directly to the Welsh Ministers for planning permission under P(W)A 2015, s 23, which is commenced only so far as is needed to permit the making of regulations or orders at this stage. P(W)A 2015 chiefly granted powers to make rules and delivered substantive reforms by amending the principal planning statutes, namely the Town and Country Planning Act 1990 (TCPA 1990) and the Planning and Compulsory Purchase Act 2004 (PCPA 2004). The strategic development plan provisions introduced by P(W)A 2015 have, in turn, been superseded by amendments made by the Local Government...
Planning
PRACTICE NOTES
Registering Town or Village Greens (TVGs) in England and Wales: applications, evidence, trigger events, procedure, time limits, landowner statements and judicial review
Registration authorities
Applications to register a town or village green (TVG) must be lodged with the registration authority for the land in question. In most cases this will be the county council, a unitary authority, a metropolitan district council, or a London borough. Where the land falls within more than one registration area, submit the application to the authority in whose area the majority of the land is situated.
Legislation and guidance
Legislation
Section 15 of the Commons Act 2006 (CoA 2006) sets out the statutory criteria for registration (see Practice Note: What is a town or village green?—Statutory requirements for registration). For most of England, procedure on applications is governed by the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, SI 2007/457 (the English CR Regulations). However, applications made to pioneer registration authorities in England are governed by the Commons Registration (England) Regulations 2014, SI 2014/3038 (the 2014 Regulations). The pioneer registration authorities in England are:
Blackburn with Darwen Borough Council
Cornwall Council
Cumbria County Council
Devon County Council
County of Herefordshire District Council
Hertfordshire County Council
Kent County Council
Lancashire County Council...
Planning
PRACTICE NOTES
Statutory planning challenges to decisions, orders and plans in England and Wales: scope, grounds, standing, strict time limits, remedies and Planning Court procedure
Introduction
Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be contested in the courts where the decision was unlawful. Most planning decisions are capable of challenge by a High Court application for judicial review (see Practice Note: Planning judicial review). However, certain statutory schemes governing particular decisions or acts expressly preclude court challenges, including judicial review, save through a statutory application. Put simply, the legislation states that a decision or action may only be questioned under a specified statutory route. Such proceedings are termed statutory reviews or statutory challenges.
This Practice Note concentrates on the arrangements for applications for statutory planning review (usually called ‘applications’ rather than ‘claims’, though the labels are used interchangeably), which, in the planning context, comprise:
applications under section 287 of the Town and Country Planning Act 1990 (TCPA 1990) concerning the validity of simplified planning zone schemes and certain highway and other orders
applications under TCPA 1990, s 288 in respect of...
Planning
PRACTICE NOTES
Town and village greens in England and Wales: registration; correction and rectification (section 19 and Schedule 2); deregistration and exchange; pioneer and non-pioneer procedures
This Practice Note
This Practice Note considers changes to the register of town and village greens (TVGs) through correction, rectification and deregistration across England and Wales, covering both pioneer and non‑pioneer areas. It also refers to commons where the position mirrors that for TVGs or is otherwise pertinent. However, it remains important to identify where material distinctions exist between village greens and commons...
For guidance on:
the meaning of a TVG and the statutory tests for registration, see Practice Note: What is a town or village green?
the procedural steps for submitting an application to register a TVG, see Practice Note: Town and village greens—making an application to register a TVG
the effect of TVGs on development proposals, see Practice Note: Town or village greens—property development
the creation and registration of common land, see Practice Note: Creation and registration of common land
As outlined below, the obligation to register land as a TVG was introduced by the Commons Registration Act 1965 (CRA 1965). A revised framework followed under the Commons Act 2006 (CoA 2006), but at present this applies only within nine commons registration areas as part of an extended pilot scheme, covering...
Planning
PRACTICE NOTES
Town and Village Greens: statutory framework, registration criteria, evidence, public authority land, incompatibility and development impacts (England and Wales)
The presence of a town or village green (TVG) can curtail, or even halt, development. Interfering with, or disturbing, the use or enjoyment of a TVG is a criminal offence. Accordingly, applying to register a TVG is a powerful tool for anyone seeking to stop a development. TVGs may, or may not, be subject to rights of common. They are areas of open land used by inhabitants of the town, village or parish for lawful sports and pastimes. There is no legal distinction between town greens and village greens; the terminology simply depends on location. See also Practice Notes: Town and village greens—making an application to register a TVG, Town and village greens—registration, rectification, correction and deregistration, and Town or village greens—property development.
Legislative context
The Commons Registration Act 1965 (CRA 1965) introduced a new requirement to create a permanent, conclusive record of the extent of common land and town or village greens, and of rights of common exercisable over any such land. Local authorities were responsible for entering land on the commons registers. Since the commencement of CRA 1965, all land in England and Wales which is...
Planning
PRACTICE NOTES
Town or village greens and development: registration criteria, legal effects, trigger-event bars, ACV/LGS designations, due diligence, deregistration and protective measures (England)
Registration of land as a town or village green (TVG)
Registering land as a town or village green (TVG) can block development and severely limit its use. Even where applications to register a TVG fail, they can create delay and uncertainty for delivery. Aware of these effects, the government has introduced limits on TVG applications where planning permission is sought for development, or where the land is allocated in development plans. While these measures support developers, landowners and promoters must still treat the risk of TVG registration with care. Objectors also frequently deploy other or alternative tactics to hinder schemes. This Practice Note offers guidance to property buyers and developers on TVGs. It covers:
the criteria for registering land as a TVG
the consequences of TVG registration
how objectors use applications to block, discourage or delay schemes
the statutory bar on making applications
checking a site’s status and steps to avoid registration
For guidance on:
what a TVG is and the statutory tests for registration, see Practice Note: What is a town or village green?
the procedural requirements for making...
Planning
PRACTICE NOTES
World Heritage Sites and the Planning System in England and Wales: Policy, Setting, Procedural Requirements, Permitted Development, and Case Law
Importance of (WHSs)
The UK has ratified the Convention Concerning the Protection of the World Cultural and Natural Heritage (the Convention). The World Heritage List is curated by the World Heritage Committee. World Heritage Sites (WHSs) are locations, landscapes, monuments or structures whose Outstanding Universal Value is recognised by humanity as a whole. Signatories to the Convention are obliged to identify, safeguard and conserve effectively their WHSs for future generations. Examples in the UK include Stonehenge, Kew Gardens, Maritime Greenwich, Canterbury Cathedral, Saltaire, Hadrian’s Wall, Jodrell Bank, the Slate Landscape of Northwest Wales, and the entirety of the City of Bath. UNESCO designation alone does not of itself impose extra statutory controls. Nevertheless, in England and Wales, protection arises via the planning system—as outlined below—and through overlapping designations, as components of WHSs are frequently listed buildings (see Listed buildings—overview) or scheduled monuments (see Scheduled monuments). The heritage importance of a WHS is termed its Outstanding Universal Value. This is commonly mirrored, at least in part, in the significance of any listed building or scheduled monument contained within it. Outstanding Universal Value denotes cultural and/or natural significance that is so exceptional, enduring and representative of shared heritage and collective human achievement...
Planning
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