Planning & Environment

All property transactions include an element of town and country planning.

You may need to check the current planning status of a property or need advice as to whether your proposed use or alterations constitute development and if an application for consent is required. An enforcement notice may have arrived threatening fines if you do not stop certain activities or remove allegedly unauthorised alterations. You may be considering the refurbishment or extension of listed buildings or those in a conservation area.

We can research and advise on the current planning status of the property and whether your plans will require planning consent. We can assist in preparing applications and liasing with the planners at the local planning authority to ensure that any issues are highlighted early in the process and that solutions are negotiated. This maximises the chances of a successful application.

If consent is refused or unacceptable conditions are imposed we can advise on the appropriate form of appeal under the Town and Country Planning Act or if an appeal is not upheld on possible judicial review of the appeal decision. Where appropriate we can introduce specialist planning consultants and experts.

We can also assist you with your potential obligations and liabilities in relation to environmental law. You may require advice regarding a refurbishment project, a potential demolition and site preparation for a new building project or in relation to the storage and use/discharge/disposal of certain materials or waste.

Typical questions which arise:

It's been a factory/office/shop for years but there is no specific consent. What can we do?

The enforcement notice says we risk criminal conviction if we don't stop doing it. Can we avoid this and what remedies do we have against the seller who said he was doing it for years?

But we just have a couple of tables and chairs and don't offer waitress service. We offer microwaves so people can warm up their meals. Is that not still A1?

But we didn't touch the listed oak panelling just took out and replaced the draughty windows with double glazing because the staff were cold in winter and put in a wheelchair ramp to comply with new legislation. Why do they say we are in breach and need to reinstate?

We only realised there was a layer of contaminated soil when they started digging the foundations. What can we do?