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Tim Fogarty

Position: Partner

Core Areas: Real Estate

Legal 500 - Recommended Lawyer 2017

Specialist Areas: Rights of Light, Neighbourly Matters, Development Disputes, Planning Litigation (Judicial Review and Statutory Challenges), Village Greens


Tim is an experienced development risk and disputes lawyer with a particular focus on rights of light, neighbourly matters and planning litigation.

He has 25 years’ experience in real estate and development work and acts for several of the UK’s major national house builders and a broad range of other residential developers and investors.

His advice ranges from pre-acquisition risk assessment, to identify and minimise risks from neighbour rights and interests, through to tactical advice to resist direct challenges to a scheme or its underlying planning consent.

Tim is recognised as a distinguished practitioner by Chambers UK and is Recommended in Legal 500.  Interviewees comment that:

“…he’s very responsive, good on strategy, looking at properties and assessing risk, he is brilliant.  Having Tim there as a sounding board to talk strategy with is very helpful.”  - Chambers UK

Recent experience

Rights of Light and Neighbourly Matters

  • Retained specialist rights of light adviser to two national housebuilders advising on rights of light risk and strategies for risk avoidance.  Instructed to date by these clients on over 25 schemes nationwide with a combined GDV in excess of £1 billion.
  • Advising a major student housing developer on the rights of light issues affecting three substantial schemes in central London.
  • Advising the promoter of a residential scheme in Chelsea on the full spectrum of site constraints, including rights of light, party walls, scaffolding and oversail rights and rights of way, to formulate the strategy for resolution prior to a sale on.
  • Advising historic City Church (St Helen, Bishopsgate) on all neighbourly matters issues arising (rights of light, party wall, noise, dust and vibration) in respect of the neighbouring 22 Bishopsgate and 1 Undershaft developments.

Planning Disputes, Judicial Review and Village Greens

  • Representing Bellway Homes in the High Court and Court of appeal in several significant legal challenges including Cogent Land LLP v Rochford District Council (successful opposition to a challenge to the housing policies of Rochford’s Core Strategy).
  • Defending village green applications on behalf of developers and land owners through to Inquiry.
  • Defending major housebuilders from challenges brought against planning permissions on the basis of alleged failure to comply with Plan policy and/or EIA Regulations.
  • Defending developers against actual or threatened prosecution for breach of statutory notices or controls including Magistrates Court prosecutions for alleged breach of condition and alleged breach of environmental protection legislation.

 

Professional memberships

Law Society of England and Wales,

Property Litigation Association (past Chairman)

Work history

February 2017 to present, Partner, Winckworth Sherwood

2008 to January 2017, Partner and Head of Real Estate Disputes, Reynolds Porter Chamberlain LLP

2004 to 2008, Partner, Bevan Brittan LLP

1996 to 2004, Senior Associate then Partner, Masons

1989 to 1996, trainee solicitor then associate, Clifford Chance LLP


Contact details

Tel.       +44 (0)20 7593 5141

Fax.      +44 (0)20 7593 5099

Email.   tfogarty@wslaw.co.uk

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Upcoming Events :

Social Housing Annual Conference 2017

Thu 09 Nov 2017

200 Aldersgate, London, EC1A 4HD

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They are very solution and outcome-focused. All conversations you have are about how to deliver what the client needs.

Chambers and Partners UK