Rebecca Sage

Environment

Rebecca is experienced in a range of environmental law matters including SEA, EIA, contaminated land, environmental permitting and water regulation. Her planning background means she has a strong grounding in the judicial review framework as it applies to environmental claims and she is comfortable dealing with complex scientific concepts which often arise in this context.

Her recent work in this area includes:

• OEP decision notice: Advising the Environment Agency (led by Matthew Fraser) following the issue of a decision notice by the Office of Environmental Protection under the Environment Act 2021 in relation to alleged breaches of environmental law concerning discharges into rivers.
• Judicial review: Advising the Environment Agency (led by Matthew Fraser) in relation to the Humber River Basin Management Plan and associated programme of measures.
• Pollution: Advising a land owner in relation to the escape of contaminants from an industrial site into the underlying chalk aquifer, engaging issues including potential claims under the rule in Rylands v Fletcher and liability under Part 2A of the Environmental Protection Act 1990.
• Aarhus costs: Advising a defendant local planning authority on the application of the Aarhus costs cap to a judicial review claim, including strategic advice on whether to contest the application of the cap.

Rebecca has a particular interest in matters engaging the Aarhus Convention and is a contributor to Chambers’ Aarhus Blog. Earlier in her career, she was a contributor to Garner’s Environmental Law on waste and the shipment of waste.

Planning

Rebecca has a varied practice covering all aspects of planning and highways law. Her property experience means she is well placed to advise on matters which engage both planning and property law, such as site assembly issues, rights of common and assets of community value.

Rebecca is one of a small number of juniors with direct experience of Government planning policy work. Before coming to the Bar, she worked as an advisory lawyer at the Ministry for Housing, Communities and Local Government. In that role, she advised on local and neighbourhood planning, drafted secondary legislation and worked on the 2018 consultation on a revised NPPF. She has continued to work on planning reform whilst in Chambers, most recently (2025-2026) advising on a further revision to the NPPF incorporating national decision-making policies.

Rebecca’s recent court and advisory work includes:

• Planning reform: Working as part of a Government Legal Department team in MHCLG advising on revisions to the NPPF, including development and drafting of policy.
• Challenge to a certificate of lawfulness: Acting (led by Matthew Reed KC) for the defendant local authority in R (Shaman) v London Borough of Lambeth [2025] EWHC 1372 (Admin) which concerned a challenge to a certificate of lawfulness issued in relation to the Brockwell Live events in Brockwell Park.
• Planning enforcement: Advising the respondent house owner on an application for a planning enforcement order in the Magistrates’ Court, including drafting the statement of case and preparation for trial (including preliminary hearings).
• Local plan challenge: Appearing for the third defendant at an oral renewal hearing for permission to bring a challenge under s.113 PCPA 2004 to the Maidstone Local Plan Review (Bredhurst Parish Council v Maidstone BC [2024] EWHC 2373 (Admin)).
• Judicial review: Acting (led by Hashi Mohamed) for the interested party drafting summary grounds of resistance in response to challenges to the approval of reserved matters applications pursuant to a planning permission for residential development in Maids Moreton, Bucks. The challenges were dismissed following a 3-day hearing (R (Wildfish) v Buckinghamshire Council [2025] EWHC 3060 (Admin)) (Rebecca was unable to attend the hearing as she was on maternity leave).
• Injunction: Led by Paul Brown KC and Nick Grant for the Secretary of State in Braintree DC v Secretary of State for the Home Department [2023] EWHC 1076 (KB) in which the High Court struck out an application for an injunction under s.187B of the Town and Country Planning Act 1990 made in relation to the use of land at RAF Wethersfield to accommodate asylum seekers. The decision was subsequently upheld by the Court of Appeal.
• Community infrastructure levy: Advice on the application of the Community Infrastructure Levy, including reliefs and exemptions and the effect of permission granted under s.73 TCPA 1990.
• Assets of community value: Advice on prospects of opposing the listing of land as asset of community value (ACV) and likely effects of changes to the ACV regime under the English Devolution and Community Empowerment Bill.
• Highways: Advice on prospects of challenging an experimental traffic order.

Rebecca regularly acts for local planning authorities and developers at planning inquiries, where she has appeared unled against silks and senior juniors. Her recent inquiries include:  

• Acting for a local authority (unled) in a two-week inquiry concerning an appeal against the refusal of planning permission for a residential development on a former school sports field.
• Acting for a local authority (unled) in an appeal against an enforcement notice relating to a change of use from agricultural land to vehicle storage/repairs and general storage. The appeal was dismissed and a partial award of costs made against the appellant.
• Acting for a local authority (unled) in a one-week inquiry concerning an appeal against the refusal of planning permission for a residential development in the countryside.
• Led by Zack Simons KC for the successful appellant in an appeal concerning a residential development of up to 350 homes, plus retail and employment space, at the edge of Buntingford in Hertfordshire.
• Led by Zack Simons KC for the successful appellant in an appeal concerning a residential development for 390 homes and a 70-bed care home on a grey belt site at the northern edge of Hemel Hempstead. Partial awards of costs were made against the local authority and county council.
• Led by Neil Cameron KC for the successful appellant in an appeal concerning a residential development of up to 140 dwellings on a grey belt site on the edge of Hanham, Bristol.
• Led by Richard Turney KC for Coventry City Council in promoting the Coventry City Centre South CPO, which was confirmed following a three-day inquiry.

Property

Rebecca has a specialist property practice focusing on property law issues arising from site assembly, land use and development. Her planning practice means she is well-placed to advise on matters which engage both planning and property law.

Before coming to the Bar, Rebecca worked as a transactional real estate solicitor at City firms for several years, acting for landlord and tenants in lease negotiations, advising on freehold acquisitions and disposals (including forward funding) and supporting the real estate elements of corporate transactions. She also worked as a law reform lawyer at the Law Commission where she contributed to the Commission’s projects on enfranchisement, right to manage and forfeiture. She brings a pragmatic, client-focused approach and a thorough understanding of leasehold and freehold transactions, particularly those issues arising from investigation of title.

Rebecca has recently provided advice on the following:

• Easement: The potential use of an accessway for a new development, engaging a range of issues which included the potential acquisition of rights by prescription and excessive user.
• Restrictive covenant: Whether a restrictive covenant could be relied upon by objectors seeking prevent the development of a site and the prospect that the covenant be discharged on application to the FTT.
• Rights of way: The variation of the parking rights contained in a residential lease on an estate, including whether the freehold owner was prevented from entering into the variation by the terms of a transfer of the relevant land and/or the building scheme affecting the estate.
• Sale contract: A claim for specific performance relating to breach of a sale contract.
• Adverse possession: A claim for adverse possession of land following a second application under Sch 6 paragraph 6 of the Land Registration Act 2002.
• Assets of community value: Prospects of opposing the listing of land as asset of community value and likely effects of changes to the ACV regime under the English Devolution and Community Empowerment Bill.

During pupillage, Rebecca appeared in the Court of Appeal as junior counsel (led by Simon Allison KC) in Mostyn House Estate Management Company Limited v Youde and others [2022] EWCA Civ 929, which concerned the interpretation of leases and freehold transfers on a residential estate.

Local Government

Rebecca regularly advises local authorities on a range of property, planning and highways issues. Recent advice includes land disposals under the Local Government Act 1972, application of duties in relation to public open space held on trust, and claims for adverse possession of land owned by local authorities. She also acts for local authorities in judicial review claims, where she has experience of claims from the pre-action stage up to the Court of Appeal. Her recent work has included acting for the local authority in R (Shaman) v London Borough of Lambeth (a planning judicial review) and advising on a potential challenge to the making of an experimental traffic order.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Highways and Rights of Access