Planning

Our planning team guides clients through complex planning processes and legislation and advises on the best strategies to deliver projects in line with their priorities, objectives and timescales.

We provide contentious and non-contentious advice on a broad scope of planning and infrastructure issues, predominantly in relation to residential and mixed use development schemes.

Our services include:

Planning Applications, Appeals and Judicial Review

• Undertaking legal audits of planning application documents, including environmental impact assessment work, to identify risks and constraints and ensure compliance with the legislation.
• Advising on development strategy, including phasing of developments in the context of community infrastructure levy and ‘Hillside’ constraints.
• Advising on amendments to schemes to respond to changing circumstances as developments progress, including the opportunities and limitations of s.96A and s.73 applications to amend permissions, and potential pitfalls.
• Advising on planning appeals, including reviewing statements of case and proofs of evidence, agreeing draft conditions and appearing at hearing and inquiry ‘section 106 sessions’.
• Considering potential angles for judicial review claims when advising on planning applications and associated section 106 agreements to ensure that decisions are robust.
• Acting for claimants and interested parties in judicial review proceedings in the Administrative Court, including advising clients on the merits of potential claims and costs.
• Advising on the scope of works required to implement planning permissions and applications for certificates of lawfulness.
• Advising on Biodiversity Net Gain requirements.

Section 106 Agreements

• Negotiating complex section 106 agreements and unilateral undertakings to help secure planning permission at a local level or on appeal, seeking to establish good working relationships with local authority lawyers at an early stage to help avoid delays.
• Advising on variations to planning obligations as schemes progress.

Planning Enforcement

• Advising on time limits for enforcement proceedings and potential immunity from action.
• Assisting clients with negotiations with local authorities to help avoid formal action.
• Appealing against enforcement notices and progressing appeals.

Highways / Infrastructure Agreements and Advice

• Negotiating highways works and adoption agreements.
• Negotiating water and sewer adoption and diversion agreements.
• Advising on stopping up and diversion orders, including advocacy at public inquires.
• Advising on and challenging traffic regulation orders.
• Highways and public rights of way advice in connection with development schemes, including the extent of highway rights and the ability to undertake works to them.

Compulsory purchase and compensation.

• Assisting in securing compulsory purchase orders to enable site acquisition for regeneration schemes, working closely with acquiring authorities regarding land assembly, agreeing indemnity agreements and implementing orders.
• Advising on compensation claims and agreements, including Upper Tribunal proceedings to determine compensation awards.

Community Infrastructure Levy

• Assisting clients in minimising liability through the use of exemptions and reliefs.
• Helping clients to avoid common pitfalls.

Advising clients regarding demand notices and recovery of CIL by collecting authorities