Planning Law

Under S106 of the Town and Country Planning Act 1990, these legal documents need in many cases  to be entered into with the Local Planning Authority (LPA) in conjunction with a planning permission. The objective is to reduce the impact of the development where there is a need for new or improved infrastructure/services and if applicable, deliver Affordable Housing provision.

Development of any area of land can involve a number of issues such as making sure there is access to public roads from the site and/or servicing by various utility undertakers. In addition, before applying for planning permission or starting construction, property owners may need to arrange extinguishing or diverting rights of way that run through their land, remedying contamination or ensuring protection of wildlife/vegetation/ archaeological items.We work closely with our clients to advise on infrastructure issues relating to their property and how to resolve matters involving third-party rights.

Developments by neighbours or developers   can significantly impact enjoyment of your property.  We help our clients to submit objections to proposed developments early in the planning process, guiding them through the process to give them the best representation possible.

If somebody is subject to enforcement action by a Local Planning Authority, we help them to examine the validity of the action, and where appropriate, to challenge the decision through the appeals process.

Not all developments or change of use will require a planning application to be submitted to the LPA. Some benefit from  Permitted Development Rights.   To take advantage of these rights, it’s advisable to seek specialist legal advice to help you navigate the complexities of the process and reduce the risk of mistakes during your application.

Where permitted development rights exist or a development gains immunity against planning enforcement through passage of time it’s possible to obtain confirmation of this from the LPA through applying for a Lawful Development Certificate.

If you’re looking to apply for a Lawful Development Certificate, you’ll need specific evidence to support your application. Our expert legal team can support you through the process and help you collect relevant documentation.