Practice Profile

Within a broad planning and local government practice, Philip Petchey enjoys getting to the bottom of what is complicated, obscure and dense (or all three). It may be these matters which link together his particular specialisms in Parliamentary and TWO work; enforcement notices; village greens; commons and footpaths; and ecclesiastical law.

Cases of Note

• Oxfordshire County Council v. Oxford City Council and Robinson (HL) (village greens)
  
• R (Sunderland) and Beresford (HL) (village greens)
  
• Butler v. Derby City Council (Divisional Court) (advertisements and human rights)
  
• Uttlesford District Council v. DJR Cars (Gray J) (injunction and undertakings)
  
• Cheltenham Builders v. South Gloucestershire Council) (Sullivan J) (village greens/scope of judicial review)

Experience

ADVISORY WORK

Philip Petchey advises on all areas of the law relating to local government, planning, open spaces and footpaths and ecclesiastical law. Recent work has involved advice to registration authorities and other parties (both public and private) in connection with the new Common Bill (now Act) 2006.
He accepts instructions as an Inspector at non-statutory village green inquiries

INQUIRY WORK

• Transport and Works inquiries
  
• Thameslink Project (for promoters)

Bills

• Channel Tunnel Rail Link Bill (for promoter)
• Channel Tunnel Bill (for promoter)
• Cardiff Bay Barrage Bill (for promoter)

PLANNING LITIGATION

• R. v. Sevenoaks District Council, ex parte Palley (May J) (decision of local authority not to serve a stop notice subject to judicial review)
  
• Williams v. Secretary of State for Defence (interpretation of Crichel Down rules)
  
• Dunster v. First Secretary of State (Burton J) (reasons, judicial review)

ECCLESIASTICAL

• R. v. Ecclesiastical Committee of the Houses of Parliament, ex parte Church Society (legal challenge to ordination of women)
  
• R. v. Bishop of Stafford, ex parte Owen (judicial review of decision of Bishop not to renew term of office of team vicar)
  
• Gill v. Davies (injunction to restrain ordination contrary to canon law)
  
• Barnes v. Derby Diocese Board of Finance (powers of Church Commissioners under the Pastoral Measures)
  
• Re Blagdon Cemetery (exhumation)
  
• Re Brightlingsea Churchyard (closure of church yard)
  
• Re St. Peter and Paul, Chingford (mobile phone aerial in church tower)
  
• Panayi v. Katramados and Greek Orthodox Church (vicarious liability of Archbishop)

OTHER

Meddick v. Shiplake Parish Council (whether requirement to maintain fencing under enclosure award capable of enforcement)

Publications

• ‘What a Difference a Day Makes: a consideration of sections 288 and 289 of the Town and Country Planning Act 1990' [1997] JPL 511
  
• ‘Intensification of a Use of Land Viewed as a Material Change of Use' [2000] JPL 768
  
• ‘Exhumation Reconsidered' [2001] 6 Ecc J 122
  
• ‘Ministers of Region and Employment Rights: An Examination of the Issues' (2003) 7 Ecc J 157
  
• ‘Liability of Churches and Religious Organisations for Sexual Abuse of Children by Ministers of Religion' (with Nafees Meah) (2005) Common Law World Review 39

Qualifications and Appointments

• MA (Oxon)
  
• School Governor: Barking Abbey School