Clive Moys

Planning and Development:

Clive Moys has more than 20-years of planning and development experience acting for local planning authorities; developers; rule 6 parties; and landowners. He has advised about and appeared at a considerable number of planning s. 78 appeals (and related) and s. 178 enforcement appeals; ss. 288/289 challenges, planning Judicial Reviews; prior approvals; s. 187B injunction & committal for contempt; sale of land following direct action by LPA – Adjudicator to HM Land Registry. Additionally, planning regulatory prosecutions and enforcement cases involving listed buildings, conservation areas, trees, advertisements, and Confiscation orders under POCA. Advising on: Lawful Development Certificates; s. 106 planning obligations and CIL; land acquisition and committee report wording.

Recent illustrative cases: Save Princes Parade/Folkestone and Hythe DC s. 247 TCPA 1990 six-day Public Inquiry October/November 2021 into Stopping-up and Diversion of Highways (South-East (No. 2) Order 2022. Quinn Estates Ltd. & Mulberry Estates (Sittingbourne) Ltd. v. Swale BC s. 78 appeal – non-determination of hybrid application, Secretary of State recovered appeal, seven-days in November/December 20I9 for Borden PC, rule 6 party.

Compulsory Purchase & Compensation: Alperton, Brent large scale residential led mixed-use redevelopment – currently advising; Derby CC Housing CPO [2021] advised NP Law on behalf of acquiring authority; Croydon Whitgift centre CPO – advising opticians (2017); Bluefoot Foods Ltd. v GLA [2015] UKUT 0208 (LC) – compensation dispute arising from total extinguishment of business due to Olympics CPO – advisory (claimant/applicant).

Property Disputes:

Clive Moys is a seasoned property disputes litigator in courts and tribunals in England and Wales. Because of his expertise in planning law, most of his work concerns development land – Options/Overage/Clawback/pre-emption and conditional contracts subject to planning. He is also instructed in cases which involve: restrictive covenants; TOLATA; landlord & tenant possession disputes; LPA receivers and mortgages.

Maypole Dock Ltd. v. Catalyst Housing Ltd. QBD (TCC) Acting successfully for the claimant in a dispute concerning an Overage provision in a sale contract. Settled on confidential terms in September 2022.

Essex County Council v. Thurrock Council, Chelmsford CC Acting for Defendant in on-going litigation concerning a £750,000 claim about a property specific provision in an agreement made between the parties in consequence of Thurrock Council becoming a unitary authority.

Hubbard(s) v. Hubbard(s) Ch D. Acting for Defendants in on-going property dispute concerning a portfolio of valuable farm development land.    

ME Feltham v. Hampshire CC LC-2021-593 Acting for successful Claimant in proceedings in the Upper Tribunal (Land Chamber) for diminution in value based on public highway works (Land Compensation Act 1973, Pt 1) & injurious affection (Compulsory Purchase Act 1965), settled summer 2022 with a six-figure payment, plus costs.

W Brazil v Norwich CC First-tier Tribunal, Property Chamber (Land Registration) 2017/1102 instructed by np Law successfully resisting adverse possession/alteration of Land Register (January 2019); Norfolk CC, Norwich CC, NPS Property Services Ltd. v. W Brazil – Norwich county court – instructed by np Law possession achieved spring 2019; W Brazil v Norwich CC First-tier Tribunal, Property Chamber (Residential Property) – dispute over water/sewerage charges successfully instructed by np Law autumn 2019; Henley Investments Ltd. v Westwoods Ltd. (2016) leasehold enfranchisement dispute, Olivewood Ltd v. Barnet LBC (2015), and Camden LBC v. Cornhill Investments Ltd. (2014) & Camden LBC v. Travis Perkins plc (2013) – all Pt II 1954 Act (f) landlord’s intended redevelopment cases, Camden LBC v. Post Office (2014) – rental value dispute Swiss Cottage Post Office, Mayor’s Office for Policing & Crime v. Metropolitan Police (Imber Court) Sports Club and others (2010 – 2014) equitable/beneficial interest in real property Chancery Division.

Rating and Valuation:

Clive Moys was working at the local government coal face when the Local Government Finance Act 1988 ushered in the current National Non-Domestic Rates regime (aka ‘business rates’).

Rating liability: Clive regularly advises billing/collecting authorities and ratepayers in disputes about liability, for example, collection & enforcement disputes, including “shams”, for both occupied and empty property; Completion Notice disputes; setting aside liability orders; liability on insolvency; Pandemic grants; BIDs/enterprise zones; billing authority dispute with Valuation Office Agency.

Westminster CC [2022] pop-up candy store shops; Lewisham LBC v U + I Group plc [2021] VTE – validity of a completion notice; Camden LBC v. Travis Brothers (2013) rates liability of night club owners, Camden LBC v. Retail Space Management Ltd. (2009) liability for retail space let under licence in Camden.

Valuation: Masala Zone v. Golding (V/O) [2016] UKUT 328 (LC), Vines v. de Mauny (V/O) [2010] UTUT 322 (LC) rating valuation appeals, Broxtowe BC v. Scotia Aid Sierra Leone (2015) rates liability of charity.

Clive is an IRRV member and a regularly author on Rating topics: Occupation of Premises by a Charity for Charitable Purposes, Private Client Business issue 5, 2022; The Road from Heydon’s case, via Ramsay, to Hurstwood, Valuer September 2022; Snails and Shams, Valuer June 2021 Encyclopaedia of Forms and Precedents: Vol. 26(2)(A) Rating, Council Tax and Valuation Appeals, Lexis Nexis 2019 and 2023 update [forthcoming].

Local Government Law:

Clive Moys has, since leaving local government in 1999, built a broad local government practice at the Bar regularly advising and representing county, unitary, borough and district councils in recent matters such as: Academies, school conversion disputes; local transport plan; HMO selective and additional licensing; land held on charitable trust or corporate property; redevelopment of council owned garages and land; Options viz. airport development land; disposal of charity land and charitable and library bequests; home fees portfolio, land charges and land registration issues.