Property, Planning & Environmental Law Group

The Westwater Advocates Property Law Group brings together the Westwater advocates who have a specialist knowledge and experience in all aspects of property and environmental law.

The group includes advocates with that special knowledge and experience in:

  • rural property, agriculture, agricultural tenancies, crofting, sporting and fishing,
  • renewable energy, water,
  • commercial property and commercial leasing,
  • housing
  • environmental law including nature conservation, water issues and the CAR Regulations and environmental crime and regulatory proceedings and the relevant EU law relating to those specialities.

Members of the group are available to provide relevant tailored training to legal firms and other professionals interested in the area.

The members of the group are:

  • Sir Crispin Agnew of Lochnaw Bt QC
  • Sir Crispin Agnew of Lochnaw Bt QC

  • Sir Crispin Agnew has a specialist practice in rural property law, covering all issues affecting a landed estate, including conveyancing issues, fishing and sporting, nature conservation, water and other environmental law issues, agricultural and crofting law, landlord and tenant, renewable energy and compulsory purchase. He regularly gives advice in planning matters and applications and appears at planning appeals considered by the DPEA, at inquiries or hearings and in planning appeals or judicial review challenges to planning or electricity consent decisions in the Court of Session.

  • Nick Ellis QC
  • Nick Ellis QC

  • Nick Ellis has long experience advising and litigating on leases and heritable property disputes ranging from title conditions to nuisance and property damage.

  • Bryan J Heaney
  • Bryan J Heaney

  • Bryan Heaney has an interest in property law with an emphasis on conveyancing and agricultural law issues.

    He has appeared for the Scottish Ministers in the Lands Tribunal in registration of title cases. He has appeared in the Land Court in agricultural matters. His general practice involves him in many other aspects of property, trusts and succession law.

  • Greg Sanders
  • Greg Sanders

  • Greg Sanders is recommended in the Legal 500 2013 for property law. He has specific expertise in Land Reform issues having appeared in one of the leading reported case of Creelman v Argyll & Bute Council  2009 SLT (Sh Ct) 165. He has an extensive practice dealing with servitude and boundary disputes.”

  • Gavin J Anderson
  • Gavin J Anderson

  • Gavin Anderson has expertise in relation to regulatory crime, including environmental crimes. He has defended both directors and companies in a variety of prosecutions, including cases relating to unlawful discharge of waste, river pollution, breaches of waste management licences and planning offences. His considerable experience of health and safety offences extends to the renewable energy sector and to COSHH breaches with environmental consequences.

    Past cases include:

    • PF Falkirk v Wood – Water pollution offences
    • PF Ayr v Hogg – Waste management licence offences
    • PF Kirkcaldy v Henry Gray & Sons – Waste management licence offences
    • PF Kirkcaldy v Deans Foods Limited – Water pollution offence
    • PF Forfar v Linford – Planning offences
    • Scotbeef Limited v PF Stirling [2014] HCJAC 61 – Water pollution offences

     

    “Gavin Anderson is recommended for environmental matters” (Legal 500)

    Gavin Anderson is a member of the United Kingdom Environmental Lawyers’ Association.

  • Donald Cameron
  • Donald Cameron

  • Donald Cameron has a varied property practice including work on agricultural holdings, agricultural subsidies, renewable energy, compulsory purchase, water rights, environmental issues and crofting matters. He has also been involved in several planning appeals in relation to listed property and renewable energy developments.

  • Adrian Stalker
  • Adrian Stalker

  • Adrian has an expertise in all aspects of residential lettings, eviction proceedings and mortgage repossessions. He is regularly instructed by housing associations, local authorities and banks, as well as by individual defenders in eviction or mortgage repossession proceedings. His first book, “Evictions in Scotland”, was published by Avizandum in November 2007. The second edition will be published later in 2014. Adrian writes a regular “Housing Law Update” column for SCOLAG. He also chaired the Government’s Repossession Group, the report of which led to the introduction of the new statutory code for mortgage repossessions of residential properties. Adrian has also acted in other property cases, involving:  commercial leases; boundary disputes, and title conditions. He is keen to expand his practice in these areas.

  • Neil MacDougall
  • Neil MacDougall

  • Since calling to the Bar in 2011 Neil MacDougall has regularly been instructed in property and agricultural matters. He has advised on a broad range of actions involving boundary disputes, rectification of the Land Register, nuisance and crofting issues. He has conducted property and agricultural actions in the Sheriff Court, the Scottish Land Court, the Lands Tribunal for Scotland and, only recently, he appeared in the European Court of Justice.

  • David D Anderson
  • David D Anderson

  • David Anderson is the junior member of the group. David was a property and litigation solicitor with a local authority before calling to the bar. He has a particular interest in property and environmental law involving public bodies. David has appeared in the Inner and Outer House of the Court of Session, as well as the Sheriff Court.