Planning

We advise a range of organisations, developers, landowners and investors on all aspects of planning law from pre application advice through to enforcement and legal challenge proceedings. We also advise on the compulsory purchase process (“CPO”) and infrastructure schemes.

Working closely with our in-house property development, real estate, and construction teams, we deliver a full-service legal solution with the breadth and depth of expertise required for today’s planning landscape.

Planning law is ever changing, and our lawyers are quick to react to new policy and initiatives such as biodiversity net gain (“BNG”) and changes to the NPPF and advising on the implications for clients forthcoming developments.

We tailor our advice to suit the scale and complexity of your project - whether you’re a housebuilder, developer, landowner, local authority, or public body. Our team advises on a wide range of planning law, from planning applications to strategic and site-specific planning support.

Planning applications, appeals and challenges

• Planning appeals to the Planning Inspectorate
• Judicial Reviews and statutory challenges to planning decisions
• Certificates of Lawfulness for proposed and existing developments
• Objections to planning applications and development proposals

Planning agreements and obligations

• Drafting and negotiation of Section 106 agreements and Unilateral Undertakings
• Advice on Community Infrastructure Levy (CIL)
• Planning enforcement defence and appeal strategies
• Strategic planning advice relating to listed buildings, biodiversity net gain (BNG), permitted development rights, and more

Compulsory purchase and infrastructure

• Advice on Compulsory Purchase Orders (CPOs) and compensation
• Negotiating highways and infrastructure agreements (Sections 38, 104, 278 etc.)
• Applications for stopping up and diversion of highways
• Tree Preservation Orders (TPOs) and related disputes

Strategic and site-specific planning support

• Planning due diligence for site acquisitions and developments
• Promotion of strategic sites through local plans

Some specific examples of our work include:

• Issued judicial review proceedings against a Local Planning Authority. The case being of particular note due to it being submitted outside the statutory six-week time limit requiring an application for an extension of time.  The application was successful and decision quashed.
• Advising a registered provider on a stopping up application concerning highway land which affected their ability to development land pursuant to an obtained planning consent for residential development.
• Advising several landowners on the service of counter notices and blight notices in connection with land to be compulsorily purchased by HS2.
• Advising a top ranked university on a Section 106 Agreement and general planning advice in relation to an important redevelopment of their campus. 
• Negotiating and drafting a complex Section 106 Agreement and providing planning advice for a multi-million pound mixed use scheme including hotel, residential and retail uses. Advise included issues relating to compatible and drop in permission.
• Advising in the case of R (on the application of Fidler) v Secretary of State and Reigate Borough Council at the High Court.  This case resulted in a change in the law around immunity from enforcement as a result of deceit.

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