Planning and Land Use
We have expertise in both contentious and non-contentious planning law, and we can assist at all stages of the process.
Site Promotion, Planning Applications and s106 Agreements
We can work with landowners to get a site allocated for development in the local plan and make representations. The requirements for the submission of a planning application can be quite onerous.
We can assist with identifying what is needed and pulling together the relevant expertise to help smooth the process and get permission with minimum delay.
Resolutions to grant planning permission are often subject to the completion of an s106 agreement. Whilst the government is scaling back the circumstances when s106 agreements can be used, they can still cause delays. Having us on board will make the process easier and lead to a swifter conclusion. Sometimes obligations in agreements become obsolete but still cause problems, particularly when buying or selling land. In these circumstances, we can help modify the agreement or obtain its discharge.
If the local planning authority refuses consent, we can help lodge an appeal, prepare written representations or represent you if the appeal is dealt with by hearing or inquiry. We have experience of representing landowners and developers in a wide range of matters, including housing and industrial development, agriculture and forestry, permaculture and low-impact development.
Regularising the Use of Land
Due to the ever-changing vagaries of planning, it can be easy to fall foul of planning controls. If you find yourself the subject of an enforcement notice or breach of condition notice, we can advise on the validity of the notice and help you lodge an appeal. If you are about to sell land, and you find there is a problem, we can act quickly to support you in obtaining the consents you need. Very rarely, prosecutions are instigated for failure to comply with enforcement notices, and, if this happens, we can help represent you in the courts. It may be possible to avoid enforcement action through the making of an application for a certificate of lawful use, and again we can help advise on the evidence needed to support your application.