Planning and Infrastructure

Our expert planning team provide pragmatic, commercial strategic advice in respect of all stages of the planning process. We regularly advise on the full range of pre-application, planning and infrastructure matters and processes, as well as all agreements including section 106 agreements.

We provide commercially astute strategic advice in respect of land promotion through emerging local plans, preparing for, attending at and presenting to planning committees, appeals, call-ins, inquiries, hearings and preparing written representations, as well as all aspects of pre-acquisition, pre-submission and post-decision due diligence.

The planning consultancy element of our team supplements our legal advisers with planning judgment (and Expert Witness) on balancing, for example, compliance with conflicting Development Plan policies and/or other material considerations, as well as project team coordination, liaison with the local planning authorities involved, all key stakeholders and the local community.

Our team is well-versed at undertaking legal and planning policy compliance audits of planning applications with a view to warding off the risk of challenge. In turn we apply this knowledge when undertaking our own challenges to planning permissions, either by way of judicial review or pursuant to s288/s289 of the Town and Country Planning Act 1990. A Royal Town Planning Institute accredited Expert Witness is also available within the Planning Team.

We provide advice on all aspects of the enforcement regime including breach of conditions notices, planning contravention notices, enforcement notice appeals, stop notices and certificates of lawfulness, both for existing and proposed lawful uses. This includes preparing and submitting such applications and appeals, including preparation of statutory declarations and associated exhibits/evidence, as part of preparing and submitting applications for lawful development certificates.

We provide bespoke planning and legal advice on the impact of the Community Infrastructure Levy Regulations 2010, such as advising affordable housing providers on the availability of social housing relief, or private developers on subsisting liability.

Our team has significant experience in respect of compulsory purchase orders and compensation law. We have acted on a range of compulsory purchase matters including road, rail and flood attenuation schemes as well as large land assembly schemes. A Royal Town Planning Institute accredited Expert Witness for Land Tribunal is also available within the Team.

We advise on all aspects relating to the Nationally Significant Infrastructure Planning regime and Development Consent Orders. We regularly work with specialist lawyers from across our Construction and Real Estate teams to assist in navigating the challenges of complex infrastructure project delivery.

We advise on all aspects of Highways Law including stopping up orders and highway licences. We regularly negotiate section 278 and section 38 highway agreements and are well equipped to provide support to technical consultants and advise on adoption and dedication.

We advise on a range of environment issues, such as minerals, habitats, biodiversity, Environmental Impact Assessments and related EU legislation. We advise on prosecutions for criminal offences and can present tailored commercial solutions to ensure regulatory compliance. We also have significant experience in providing and/or applying for scoping and screening opinions, and coordinating provision of Environmental Statements.

We provide a full due diligence service for clients wanting to understand the existing planning liabilities of a site, including offering bespoke advice on the impact of a conservation area or a listed structure. We have significant experience of preparing planning applications that impact upon heritage assets and assessing the consequences of relevant policies and appraisals. We also have extensive experience of successfully defeating listed building enforcement notices and of persuading authorities to withdraw criminal charges pursuant to the Planning (Listed Buildings and Conservation Areas) Act 1990.

We also have experience of representing both owners and authorities in relation to assets of community value, town and village green applications, footpaths and various other public rights of way (etc).