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Oliver Capildeo

Planning and Land


Oliver is regularly instructed by local authorities, developers, social landlords and private clients in planning, land and housing matters. His practice combines advisory and advocacy work across planning enforcement, development control, public law, land disputes and housing regulation.

Solicitors have praised his approachable manner, the clarity of his advice and his effective handling of urgent instructions. He is known for careful preparation, well-structured written submissions and responsive, persuasive advocacy before courts and tribunals.

He advises and represents clients in matters including:

  • planning enforcement and injunctions under s.187B TCPA 1990
  • Green Belt, “grey belt” and development control issues under the NPPF
  • listed buildings, conservation areas and related heritage issues
  • statutory appeals, judicial reviews and planning challenges
  • certificates of lawfulness, planning conditions, CIL and section 106 obligations
  • easements, restrictive covenants and rights of way
  • adverse possession, boundary disputes and co-ownership issues
  • land registration, title investigation and rectification

Recent work includes:

  • Enterprise Hangars Ltd v Fareham Borough Council ([2023] EWHC 2060 (Admin)) — appeared for Fareham Borough Council in judicial review proceedings concerning the interaction between the council’s functions as local planning authority and landowner. The court thanked both advocates for the high quality of their written and oral submissions.
  • Planning appeal concerning a proposed adult gaming centre — appeared for the local planning authority in a planning appeal against refusal of permission for the change of use of a vacant bank to an adult gaming centre. Although the appeal was allowed, the Inspector imposed a condition restricting hours to 09:00–23:00.
  • Advising a local planning authority on Green Belt and “grey belt” issues under the NPPF in connection with a proposed battery energy storage system, including appeal risk.
  • Advising on Community Infrastructure Levy issues in connection with a proposed 250-home residential development.
  • Advising in Upper Tribunal (Lands Chamber) proceedings concerning a claim for damages arising from a tree preservation order.
  • Drafting pleadings, applications and skeleton arguments in real property disputes, including title and boundary issues, adverse possession, easements and deed construction.

Regulatory and Local Government


Oliver is instructed by local authorities and private clients in public law, local government and civil disputes, particularly where they arise from or overlap with planning, land and housing matters. His practice in this area includes judicial review, local authority litigation, contractual disputes and enforcement-related applications.

Recent work includes:

  • Currently advising and appearing for a London local authority in contract dispute proceedings valued at approximately £1.5 million.
  • Advising a local authority on a proposed unjust enrichment claim for recovery of public funds, including failure of basis, limitation and pleading strategy.
  • Advising and acting in claims concerning alleged breaches of section 106 agreements.
  • Acting in matters involving alleged breaches of Tomlin orders and related settlement obligations.
  • Securing a final charging order in enforcement proceedings.

Property and Social Housing


Oliver appears in the High Court, County Court and First-tier Tribunal (Property Chamber). He acts for local authorities, social landlords, landlords and private clients across a broad range of housing and property disputes.

His experience includes:

  • possession proceedings, including cases engaging the Equality Act 2010 and Article 8
  • anti-social behaviour injunctions, including exclusion orders, and county court committal proceedings
  • disrepair and fitness for human habitation claims
  • enforcement of tenancy obligations, applications for possession warrants and closure orders
  • leasehold disputes, including forfeiture, service charges, enfranchisement and the right to manage
  • Improvement Notices, HMO licensing and financial penalties under the Housing Act 2004
  • contested appeals under s.204 Housing Act 1996
  • commercial landlord and tenant matters, including dilapidations, 1954 Act renewals and forfeiture

 

Oliver is regularly instructed by local authorities in housing standards and enforcement work, appearing before the First-tier Tribunal (Property Chamber) in matters concerning Improvement Notices, HMO licensing and financial penalties, and advising on compliance, evidence and costs recovery.

Selected FTT (Property Chamber) decisions include:

  • HAV/43UF/HNA/2024/0604-0606 — acted for Reigate & Banstead BC in a Housing Act 2004 appeal against a financial penalty; appeal struck out for non-compliance with directions.
  • HAV/24UB/HNA & HAV/24UB/HML — acted for Basingstoke & Deane BC in consolidated appeals concerning financial penalties and HMO licensing; the authority’s decisions were upheld.
  • CHI/00MW/HIN/2023/00017 — acted for Isle of Wight Council in appeals against Improvement, Emergency Remedial and Hazard Awareness Notices; the Improvement Notice was upheld after variation.

Other recent work includes:

  • appearing in contested s.204 Housing Act 1996 appeals;
  • representing social landlords in anti-social behaviour possession proceedings and county court committal proceedings;
  • securing injunctions with exclusion zones;
  • advising on disrepair and fitness claims;
  • acting in residential and commercial possession proceedings.


Publications and speaking

  • Speaking at the Tenancy Fraud Forum in Kensington on 10 November 2026 on behalf of Chambers’ Housing team.
  • Presenting an MBL seminar on Enforcement of HMO Management Regulations: Financial Penalty Notices and Criminal Prosecutions on 9 June 2026.
  • Co-presented a webinar series for London boroughs on viability, the General Power of Competence and s.38 agreements.
  • Published on compulsory acquisition and Green Belt policy in Local Government Lawyer (2021).
  • Contributor to the third edition of Commercial Property Litigation (Fieldsend & McAndrews).