William WEBSTER 560x670

William Webster

Year of Call: 1975
Email Address: [email protected]
Telephone: 020 7583 8055

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Clerks Details

Property and Estates

Notable examples of recent work in the planning/public law sector:

Planning inquiry: acting for a Southern League football club where the proposal involved the owner’s redevelopment of the ground.
JR challenge: by football club to the grant of replacement playing and other facilities arising from the closure of their ground which was sited in an area targeted for regeneration.
JR challenge by community group to a temporary grant allowing 90 modular units for homeless persons on a former school site in South Wales.
Successful renewal application on a statutory appeal based on a reasons’ challenge to the decision of a PINS Inspector (case proceeding to full hearing)
Planning inquiry: acting for a developer in cross-boundary appeal where the proposal involved limited enabling development within an urban greenfield site with a view to funding (i) the eradication of what is thought to be the largest spread of Japanese Knotweed in the UK (notably a case involving enabling development resulting in enhancement to the natural environment rather than to heritage assets), and (ii) the establishment of a community park.
Planning inquiry: acting for LPA in the case of significant development on a redundant nursery site in the Green Belt.
Appeal hearing: Acting for developer at an appeal hearing which was primarily concerned with setting and the principle of consistency in local decision-making.
Disputed claim: to standing in Planning Court where neither appellant had made objections during the appeal process and had merely lived in neighbouring properties (Crawford-Brunt v Secretary of State for Communities and Local Government [2015] EWHC 3580 (Admin)).
Appeal hearing: Drafting written representations for developer in the case of an appeal involving infilling exception on a site in the Green Belt.

Planning enforcement

Traveller cases: Multiple appearances over many months at enforcement and committal proceedings involving members of the gypsy traveller community
Enforcement hearing: involving unlawful subdivision: the issue was whether children under the age of 18 counted as ‘residents’ for the purposes of a Class 4 use (Paramaguru v Ealing LBC [2018] EWHC 373 (Admin)).

Planning: advisory

Heritage: Multiple advices on heritage issues, including those of setting and fragmentation.
Schools: Advice on planning obligations which concerned developer delivery of school sites.
Neighbouring owner: Advising them in the case of a proposed 2-storey leisure centre (in the grounds of a Grade 2 listed hotel complex in a conservation area) involving significant impacts on habitats and the prospect of unacceptable light and noise pollution
Excessive height: Advice on tall buildings in Birmingham and London involving issues of excessive height and massing and adverse impact on the townscape, including the setting of heritage assets and harm to the historic environment (historic canals).
Heritage: Advice on development proposal within the site of a Scheduled Monument (buried Roman artefacts).
Development site: Advice on assessments made under the Habitats Regulations along with disputed mitigation contributions and design issues affecting a 100 plus residential development close to European sites.
Green Belt development: Drafting written representations for developer in the case of an appeal involving infilling exception on a site in the Green Belt.
Control of advertisements: advice given on the likelihood of consent to the siting of an elevated digital display unit on a building overlooking a large roundabout having five exits and four entrances.
Professional negligence: Advice on negligence against a planning consultant arising from failed applications for prior approval for a Class O use.
Solar Farm development: Advising a Parish Council on the recovery of promised community benefits arising from the development of a solar farm.

Highways

Judicial Review: Acted for local authority in the case of a landowner’s unsuccessful JR challenge to a provisional modification order (R (Monkton) v Staffordshire County Council [2022] EWHC 3049 (Admin)). The owner was found to have a suitable alternative remedy under the statutory procedure contained in Schedule 15 of the Wildlife and Countryside Act 1981.
Public Inquiry: Acted for highway authority at a disputed confirmation appeal at a DMMO public inquiry where there were objections to the closure and diversion to a PROW, including in relation to disability discrimination (the new path had steps). The appeal outcome was reported.
Compensation claims: Acting for local authority on claims for compensation arising out of highway works

Village greens

Inspector/Public Inquiries: regularly sitting over the last 15 years for a number of registration authorities as an inspector at non-statutory public inquiries dealing with village green applications (WW’s recommendation to the registration authority not to register affirmed in Supreme Court in R (NHS Property Services) v Surrey County Council [2019] UKSC 58).

Assets of Community Value

Football: Acted for a Southern League football club on the owner’s unsuccessful appeal against the listing of the ground as an asset of community value.
Football: Acted for the listing authorities on the listing of the stadia of Old Trafford and Anfield.
Landowners: Acting on multiple occasions for landowners at listing review hearings.
Landowners: Multiple advices (including drafting written submissions on law/fact to the listing authority) for owners of land affected by listing, including the listing of pubs in Somerset and Gravesend, both of which were listed buildings in conservation areas.

Other recent work

5-day construction hearing (2024): acting for Cs whose premises comprised a south London boxing club and community centre operating within former Church premises. Cs awarded damages of more than £400,000 (and 80% of their costs). Ds also ordered to carry out various works to remove trespass. The claim arose from the settlement of a flank wall abutting Cs’ premises that occurred during unsupported excavations for a basement on Ds side. Damages included the amount required for reinforcement of Cs foundations by a 20-week programme of remedial works involving the installation of a new ground beam which will sit on nine piles whose function is to support the damaged wall.
Unfair prejudice proceedings: Acting for Petitioner in unfair prejudice proceedings. The land interest held by a connected company comprises a valuable development site.
Repair covenants and subsistence: Advising multiple tenants of long leases in a large building in relation to long-standing breaches of landlord’s repairing covenants, including subsidence damage. Claim involved specific performance of repairing covenants and differing claims for damages for breach of covenant (including for loss of assessed rental value).
Land registration cases: Multiple cases involving land registration issues including, in one case, where a restriction had not even been registered against the holder of the unregistered title and, in another, where the deed containing the restrictions had not even been executed by the original covenantor.
Restrictive covenants: Multiple cases involving advisory work and the drafting of applications leading to hearings in the Upper Tribunal for orders for the discharge or modification of restrictive covenants under section 84 of the LPA 1925.
Land clean-up: Successful application to discharge an order made under section 215 of the TCPA 1990 (under which an authority may take steps requiring land to be to be cleaned up when its condition adversely affects the amenity of an area).
Land option: Acting for a local authority in the case of a disputed land option which did not run with the land and loss of chance damages against the original covenantor.
Coastal protection works: Advice on liability in the case of loss arising from coastal protection works carried out by a coastal erosion management authority.
Coastal protection works: Advising on regulatory functions in the case of coastal protection works and the delivery of Shoreline Management Plan policies.
Waste Recycling: High value litigation between operators involved in the management, disposal, and recycling of household waste.
Traveller site ownership: TOLATA dispute:  and accounts involving ownership of a traveller site.
Right of Way: Acting for freeholder in an action for an injunction and damages arising from the use of a vehicular right of way by a large garden centre for the sale of goods outside the range of goods permitted to be sold within the scope of the permitted right of way.
Right to light loss: advice on claim and assessment of quantum arising from overshadowing commercial development in an historic street in Bath.
Quiet enjoyment: Advice on breach of the covenant for quiet enjoyment/derogation from grant in the case of the acts or omissions of a commercial landlord.
Nuisance: Advice on nuisance arising from the shared use of a right of way (business) and the recovery of sums spent on improvements.
Business loss: Claim to set aside Tomlin Order (in a case involving a settlement of a number of claims and cross-claims by a business tenant and his landlord) which lacked prudent safeguards along with an associated trespass to goods claim arising from the removal by the landlord of externally located refrigeration plant which it was claimed resulted in severe financial loss to the tenant’s business.
Local Authority powers: Advising a local authority on their powers to override easements and restrictive covenants under the Housing and Planning Act 1996 (ss.203-4) and in the case of the exercise of statutory powers, including advice on the authority’s power of appropriation and sale where land is affected by third party rights.

  • Articles

    • Journal of Planning and Environment Law publishes a superb review of Webster and Weatherley’s “Restrictions on the Use of Land”

      28th Jul 2017

      Journal of Planning and Environment Law publishes a superb review of Webster and Weatherley’s “Restrictions on the Use of Land”.

      In a review authored by Dr Ashley Bowes, the Journal of Planning and Environment Law has positively commented on “Restrictions on the Use of Land”, William Webster and Robert Weatherley’s planning law reference book.

      Click below to read the review.

      Published by Wildy, Simmonds & Hill the book covers the law and practice in a number of fields which impact the use of land and there is considerable focus on remedies for the infringement of rights in, on or over land. The areas covered include: easements, town and village greens, public rights of way, restrictive covenants, assets of community value and elements of planning law.

      View Article

    • Housing White Paper

      9th Feb 2017

      3PB Planning Barristers William Webster and Graeme Sampson summarise and analyse the government's Housing White Paper.

      View Article
  • Recommendations

    • "William Webster of 3PB Barristers is well known for his expertise in various areas of planning law, including village greens, assets of community value and public rights of way. He frequently acts for local authorities, landowners and developers." Strengths: "William Webster has all the experience for the big cases."
      Chambers UK 2025/Planning/Western Bar/Band 1

      ‘William's attention to detail is good, and he retains a good knowledge of matters. He can consider carefully a case and pick out relevant information.’
      Legal 500 2025/Planning and Environment/Leading Juniors/Western Circuit - Ranked: Tier 1

      William Webster of 3PB Barristers is well known for his expertise in various areas of planning law, including village greens, assets of community value and public rights of way. He frequently acts for local authorities, landowners and developers.
      Chambers UK 2024/Planning/Western Bar/Band 1

      'William is very experienced and knowledgeable in this area of law. He has good management skills in a public inquiry setting and communicates readily and clearly with all parties. His reports and recommendations are also extremely detailed and thorough.'
      Legal 500 2024/Planning and Environment/Leading Juniors/Western Circuit - Ranked: Tier 1

      “He is a focused barrister.”
      “William is always supportive.”
      Chambers UK 2023/Planning/Western Bar/Band 1

      ‘William is highly knowledgeable about planning law, and he focuses on the cases' key points. His communication with judges is both clear and persuasive.'
      Legal 500 2023/Planning and Environment/Leading Juniors/Western Circuit - Ranked: Tier 1

      Strengths: "He is very easy to work with and accessible, and has a wealth of experience."
      Chambers UK 2022/Planning/Western Bar

      ‘William is a recognised expert in town and country planning. He is efficient, knowledgeable and thorough.’
      Legal 500 2022/Planning and Environment/Leading Juniors/Western Circuit

      Strengths: "William is approachable, clear in his advice and puts the client at ease due to his thorough comprehension of complicated issues."
      Chambers UK 2021/Planning/Western Bar

      ‘His chain of thought is clear, precise and the advice covers all aspects that a client may wish to cover. William is strong in his area and also considers costs efficiency for the client without prejudicing the client's position.’
      "Of particular note, William Webster is a specialist in the law of village greens having sat as an inspector at numerous non-statutory inquiries and has also appeared in the Court of Appeal and Supreme Court in leading village green cases. 'In a public inquiry setting, he has the ability to explain the issues to the applicants who have no legal knowledge and background in a way that avoids being patronising and conveys the meaning in a readily understandable way,' said one solicitor."
      Legal 500 2021/Planning and environment/Western

      ‘He has superb planning knowledge.’
      Legal 500 2020/Construction/Planning and Environment/Western

      'An expert in land law.'
      Legal 500 2018/19/Construction/Planning and Environment/Western

      ‘A feisty and forceful advocate.’
      Legal 500 UK 2017/ Construction/Planning and Environment/Western

      "A careful lawyer and an effective advocate."
      Legal 500 UK 2016 /Construction/Planning and Environment/Western

    • Recommendation from an instructing solicitor: "Verdict on William Webster today – very good indeed, 120/10 thanks. I cannot thank you enough for the introduction to William Webster. Both my clients and myself were more than impressed with not only his hard work, the way in which he was able to absorb, in such a short time, all the papers in an extremely complex matter in which both my and his predecessors had made elementary mistakes."

      "His bedside manner with his lay clients was second to none. His conduct in court with both his opponent and the judge was exemplary. I have recommended 3PB to all in this firm.... and my daughter’s new firm in London. Rest assured you will be my 1st port of call for all my southern work and Mr Webster in particular for ALL my property work."

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