The law and practice of Town and County Planning can be complex and specialised. It involves a detailed and increasingly complicated range of Statutes, Regulations, Circulars, Guidance Notes Development Plans and Case Law.
An understanding of the modern planning regime requires Solicitors with specialist skills and experience. Toller Beattie has developed a Planning and Environmental Law Department employing three specialist Solicitors. The primary aim of the Department is to assist our Clients to obtain their objectives through its thorough understanding of the law, policies and practice of Town and Country Planning.
The Department regularly submits Planning Applications for Clients. Correspondence and negotiations are undertaken with Local Planning Authorities and other professionals. In addition to advising on strategy and procedure, the technical aspects of application forms must be carefully considered and completed in order to avoid delays and pitfalls. The legal issues are best resolved at the initial stage, providing advice even before an Application is considered.
The Department’s Solicitors are experienced in drafting and negotiating legal agreements involved in Planning Applications or Appeals. Section 106 planning obligations are most common but highways or other infrastructure agreements may also be involved. The Agreements usually bind future landowners and need to be carefully considered before they are completed to avoid unforeseen problems in the future.
Specialist planning Solicitors deal with various types of Appeal, including the refusal of Planning Permission. Initial advice is given on the Appeal procedures, the types of Appeal most appropriate, the strategy and, if required, the expert witnesses who may provide evidence. The Solicitor may conduct the whole Appeal or, in more complex cases, co-ordinate the various professional advisers involved. The Department acts as advocates in those cases where a formal Inquiry Hearing arises.
The Development Plans produced by Planning Authorities provide the framework against which planning decisions are made. Representations upon the contents of such Plans may be submitted during the preceding period. The draft stages are monitored and representations submitted on behalf of those who fear that they or their environment will be affected by the proposals and Policies which are emerging. Objections and representations must be submitted at the appropriate time and within the legal time limits.
The Department advises on alleged unauthorised development or actual contravention of planning controls. The threat or commencement of enforcement action can have serious consequences. Failure to comply with Enforcement Notices may lead to criminal charges being brought among other consequences. Advice is provided on the most appropriate action and strategy according to the various forms of enforcement action which may be involved. This may include negotiation, making an Application or an Appeal.
Members of our Planning Department regularly advise on the above and other aspects of the planning system.
They will know and be able to recommend the most appropriate action and act for you to carry it out.
For further information please contact Rob Gross.