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Straightforward legal advice from the experts

Planning Services

We can boast a team of specialist  planning lawyers.  In recognition of our expertise, we are members of the Law Society’s Planning Panel and a Legal Associate of the Royal Town Planning Institute.

We can assist the small to medium sized business enterprise with land/commercial property; the developer with residential property ranging from one house to one plot to one street; and charities, in all aspects of planning advice, whether it is a question of enabling them to continue to run an existing business and/or redevelop a business site or to increase their balance sheet values.

We can provide a specialist service to other law firms and property professionals without planning expertise and have strong links with planning Counsel, planning consultants, surveyors and architects both locally and nationally. Our planning services including:-


Planning Applications

We can advise whether planning permission is necessary and we can assist with planning applications.  We can appeal against refusals or, if you are on the other side, we can advise and assist in relation to objections to planning applications.  We can also advise when it may be possible to bypass the planning system altogether but still achieve your desired outcome..

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Certificate of Lawfulness

A  Certificate of Lawfulness of Existing Use or Development (CLEUD) can have the same effect as a planning permission.   If you have built something and it has been completed for more than four years; if you have changed the use of the property to a dwelling eg by dividing a property into flats or converting an outbuilding and the use has existed for more than four years; if you have changed the use of a property or been in breach of a condition, such as an agricultural restriction for more than ten years, you may be entitled to a CLEUD without the need to apply for planning permission.  Local authorities are cautious when faced with an application, which means that you have to get it right both in terms of timing and content.  When you do, it is an excellent way to enhance and maximize the value of a property.

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Enforcement

We can advise in relation to enforcement proceedings, breach of condition notices and stop notices and the methods of appeal.  We can represent you on appeal, whether it is by written representation, hearing or an inquiry.

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Planning review

We can conduct a planning history review and advise in relation to conservation and listed building restrictions, restrictive covenants, Party Wall Act restrictions in terms of what you and others can do on your/their land.

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Planning Permission Documents and Planning Gain

Where the local authority alleges a breach of planning controls or you are aware that there is a breach we can advise on the treat and/or the instigation of enforcement action. Failure to comply with enforcement proceedings can result in criminal prosecution so it is important that you act promptly and take professional advice. We may advise that the enforcement notice be complied with or where we believe it could be successfully challenged we will negotiate with the local authority or appeal the enforcement notice.

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Compulsory Purchase

We can advise on making and objecting to Compulsory Purchase Orders. Where an Order is likely to be made we advise on and negotiate suitable compensation. Our work also includes Applications and Objections. Where necessary we liaise with other professionals. We can offer similar services in respect of orders to be made under the Transport and Works Act 1992.


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