Josepha Horne

Associate

Josepha is an associate in the real estate team in London with expertise in all matters relating to planning law, development and compulsory purchase. She has experience in acting for developers, individuals and local authorities on a range of planning law matters, including complex section 106 and section 278 agreements; planning appeals and public inquiries; and the community infrastructure levy.

Amid the evolving planning landscape, Josepha has advised on off-site biodiversity net gain unit purchases and related planning obligations, planning enforcement issues and ‘subject to planning’ purchase agreements. Her work on highways issues extends to public rights of way, town and village greens and compulsory purchase orders. Josepha works with a diverse client base, including landowners, land promoters, developers, statutory undertakers and local planning authorities on large mixed use schemes. Her experience spans high rise inner city redevelopment and residential-led town expansions and smaller high value development schemes across a breadth of sectors including housebuilding, hotels, retail, town regeneration projects and the care sector.

I particularly enjoy talking through a project with a client, understanding its practical considerations to better spot and address issues. This approach gives me an opportunity to learn more about how clients operate, their commercial and practical goals and priorities, and the sector in which they operate.

Josepha Horne, Associate

With a background in real estate law, Josepha is able to approach planning and development matters with a good understanding of the difficulties and considerations that may arise during a matter from a real estate perspective. This can include title constraints, conditional contracts and variations of covenants and easements that may be required to allow a development to proceed or deal with an objection to a compulsory purchase order. At all times, Josepha brings a pragmatic approach, drawing on her knowledge of planning law, her experience of the planning system and her understanding of her client’s goals and prerogatives for a project.

Josepha has worked at Penningtons Manches Cooper since 2017, and qualified as a solicitor in 2019.

Recent work highlights

Compulsory purchase

Advising a statutory undertaker on the highly contested compulsory purchase of a water infrastructure site, which included a five-day public inquiry to deal with a complex objection.

Section 106 agreements

Acting for a local authority on several complex section 106 agreements for highly constrained strategic sites, requiring obligations covering affordable housing, public open space, biodiversity net gain, children’s play areas, ongoing management and bespoke, site specific considerations.

Biodiversity net gain

Advising on a conditional biodiversity net gain off-site units purchase agreement and related section 106 agreements, and providing guidance to a landowner on potentially using excess land to sell such units.

Planning appeals

Assisting on an appeal against a refusal of planning permission for the conversion of a hotel to residential use, and agreeing a section 106 agreement for an appeal involving a new residential development.

Enforcement notice

Advising a freeholder in respect of the best approach to serving a planning enforcement notice on a tenant.

Public rights of way

Assisting a landowner in objecting to a definitive map modification order that sought to establish a new footpath over its land.