Town and Country Planning

Planning regulates the development and use of land in the public interest.  A key role is to enable the provision of homes, investment and jobs, vibrant town centres and recreational/tourist facilities, whilst at the same time protecting the natural environment.

The planning system is policy led with the broad principles being established by Central Government and then being cascaded down to regional and local level.   In determining planning applications, local planning authorities are required to make decisions in accordance with this framework unless there are other material considerations.

There are two broad types of "development" that are subject to planning control. The first is "operational development" which essentially means building or engineering operations.  The second is the material change of use of land or buildings.

Some forms of development benefit from blanket planning permission and do not require specific applications for planning permission to be made, but in other cases a formal application will need to be made to the local planning authority.  In the case of refusal, there is a right of appeal to the Secretary of State.

Comprehensive planning control was introduced in 1948 and is based upon an extensive system of acts of parliament, regulations and case law. It is a technical and specialised area of law of which most solicitors do not have significant experience.  This is recognised by The Law Society who have established a specialist panel to point the public in the direction of those solicitors who have the appropriate expertise and experience.

As specialists in this field, some of the aspects of planning law we can assist clients with are:

• advising on the planning aspects of property transactions, for example whether planning permission is required for a use or works which you intend to undertake to a property who are intending to purchase
• advising on development proposals, in particular whether they are in accordance with planning policy
• preparing and submitting planning applications (in association with other relevant professionals (such as architects) where appropriate)
• liaising with the local planning authority during the course of their consideration of the application
• advising on, and conducting, appeals where an application has been refused
• advising on, and conducting, challenges to decisions through the courts
• advising on planning aspects of listed buildings, ancient monuments and conservation areas
• preparation of planning obligations
• advising on enforcement action where there has been a breach of planning control

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