Matthew Mainstone


Real Estate
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Matthew is a partner in our commercial property group, specialising in planning law. He advises developers, landowners and investors on a wide range of planning and highways law matters, predominantly on mixed use, retail and residential development schemes, and property transactions.

Matthew’s work includes negotiating planning agreements (including some complex affordable housing and viability provisions), highways agreements and licences, advising on planning applications and environmental impact assessment, planning appeals and judicial review. He also advises on all aspects of compulsory purchase law.

Recent Experience

  • Advising on a challenge to a planning permission for a residential development that was successfully defeated on the grounds of lack of standing.
  • Advising on the acquisition of a Grade II* listed building.
  • Negotiating the planning and highways agreements for a large urban extension in Oxfordshire, and associated advice on rights of way and procurement issues.
  • Acting for an investment manager on planning and highways matters relating to the redevelopment of two office buildings in the City of London.

Career History

Matthew obtained a degree in Law (LLB) from the City University, as well as a BSc in Experimental Psychology from Sussex University. He trained in local government and, after qualifying in 1997, worked for Surrey and Hertfordshire County Councils as a planning and highways solicitor. He then moved to private practice and spent 14 years with SJ Berwin/King & Wood Mallesons, where he was involved in a number of large development projects. He joined Wedlake Bell in August 2015.



As part of the Government’s recent changes to the planning system, significant amendments to the Town and Country Planning (Use Classes) Order 1987 (“the Use Classes Order”) were instituted inRead more




Planning a change? How to amend the description of development in a planning permission

The ability to amend the description of development in a planning permission by way of a section 73 application has recently been curtailed by the Court of Appeal decision inRead more


Faraday’s law of public procurement

A recent Court of Appeal case has sounded a note of caution to those considering entering into conditional development agreements with public authorities where public procurement rules are not followed.Read more



Since the last edition, owners of buildings within a diverse range of business, commercial and services uses may now benefit fully from the new ‘Class MA’ permitted development right toRead more


Quarterly in advance Summer 2018 – How to plan for a refund

Refunds of planning application fees. Tips to ensure you remain eligible As a consumer, you have the right to a refund if a service that you buy is not deliveredRead more


The slowly changing face of assets of community value

Which properties are affected? Pubs are the most commonly protected assets, but shops, community centres and even football stadia have been listed as Assets of Community Value (“ACVs”). With limitedRead more


Battle of the forms and exclusion clauses – be reasonable!

Commercial Management (Investment) Ltd v Mitchell Design & Construct Ltd & Anor [2016] EWHC 76 (TCC) Subcontracts: offer and acceptance and reasonableness This case highlighted the importance of clarity in agreeingRead more


New EIA Directive – what does it mean for your developments?

With time looking like it would run out, the Government has finally issued draft Regulations to incorporate into English law the requirements of the new European Directive on environmental impactRead more


Plastering over the cracks?

What are the Government’s plans to fix our broken housing market, and will they work? “Fixing our broken housing market” is the ambitious title of the Housing White Paper (“theRead more


Car parking for new flats? – fine outside London, but a fine in London!

New residential developments can place a strain on parking provision, and in urban locations in particular local planning authorities look to section 106 agreements to implement policies requiring new developmentsRead more


Brexit: solving the housing crisis?

The latest government proposals for housing and planning are easier said than done. Courtesy of Boris Johnson, we now know that Brexit will solve all our problems, including even theRead more


Quarterly In Advance Winter 2018 – Do You Need Permission To Paint Your Property?

The recent Court of Appeal judgment in the case of Lisle-Mainwaring and the Secretary of State for Communities and Local Government v. Carroll brought to a close a lengthy planningRead more