News and Events

Battens Strengthens Property Division Ahead Of National Planning Reforms

Battens Solicitors predict a large rise in the number of planning applications to develop sites in and around Yeovil when the National Planning Policy Framework (NPPF) and the Localism Bill get the green light.

"The signs are that this is already beginning to happen with proposals and appeals in the pipeline that could benefit from reform of the planning system," said David Stephens, Battens Chairman and Head of Planning.

The Government is currently consulting on proposals to reform the planning system. The 'golden thread' running through the draft NPPF is a "presumption in favour of sustainable development" This could lead to the near automatic grant of planning permission where local development plans are out of date. It could open up sites for development where planning permission would have been refused in the past. That could open the way for applications such as the proposed eco village at East Coker, which has already attracted national attention and debate.

"There is a real conflict between the NPPF and the localism agenda which is designed to allow local communities to shape development where they live. The Government has stressed that the new presumption will trump Localism, so the outcome of applications will be harder than ever to predict. Obtaining the best professional advice will be more important than ever," added Mr Stephens.

Battens, which represents developers and private clients across the region, has boosted its property division ahead of the changes. The division is now organised into teams providing services in relation to planning, the environment, property transactions, and property dispute resolution.

The re-organisation sees Ceri Stephens head up the Property Dispute Resolution team. Ms Stephens is a dispute resolution solicitor who is also an experienced planning lawyer.

She said: "The NPPF represents a radical shift in the Government's attitude to development applications. At Battens, our specialists have kept abreast of the latest proposals and likely changes. In the light of all these developments, it made sense to reorganise our property team. Battens has always been known for reacting swiftly to change, and the new structure will help to keep us at the very forefront of law and practice in this area."

Battens' planning specialists are all members of the Law Society's Planning Panel, and are Legal Associates of the Royal Town Planning Institute. They are recognised and respected advocates at planning and local plan inquiries. Between them, they have over 50 years of planning experience in both the public and private sectors.

Mr Stephens added: "The NPPF will mean that there's much more scope for discussion with councils about which developments are and are not acceptable. As more sites are opened up for development, we may also see more green and environmental protests taking place. More high profile issues could see developers and local communities taking up opposing positions, as could be the case in East Coker."

"More positively, it could see communities and developers working together, for example to provide affordable housing and proper civic facilities. In the agricultural sector, it will be possible for farm diversification to be more actively promoted, enabling farmers to make the best use of their land in a way consistent with sustaining the environment for the future."

Pictured above-right: David Stephens, Chairman and Head of Planning at Battens Solicitors, with Ceri Stephens, Head of Battens’ Property Dispute Resolution Team.

Created: 06 October 2011