TOWN PLANNING

The field of Town Planning has become extremely complex over the last ten years, due to the introduction of further legislation by the Government, the amendment of existing policies and the involvement within the planning process of a number of other organisations, such as the Environment Agency in areas liable to flood, County Conservation Officers where listed buildings and development in Conservation Areas are concerned, and the involvement of English Heritage where work is to important Listed Buildings. There are many other issues that are now prominent in the consideration of any planning application, building on or near contaminated land, in areas of high noise, areas where air quality may be poor, the need to include within the design process recognition of alternative forms of energy and the ever increasing number of planning obligations imposed upon planning applicants by Local Authorities. This leads to the need to discuss a planning applicants possible obligations prior to the submission of a planning application. As a result of the long experience of this Practice in the planning process, and those involved in it on a daily basis, the correct advice can be offered at an early stage. It is our aim to ensure that our clients have their planning applications determined within the statutory periods laid down by the Government for small and major projects, namely eight weeks and thirteen weeks respectively.

The Submission of Planning Applications

This Practice can provide the following:

• Preparation of existing and proposed floor plans.

• Preparation of existing and proposed elevations.

• Preparation of proposed site and block plans.

• The preparation of all of the relevant planning application forms and ownership certificates.

• Preparation of all of the requisite reports (some by external consultants).

• The submission of all application documents to the Local Authority.

• Negotiation of the application with the appointed Planning Officer.

Permitted Development

The definition of “development” is an engineering, building or mining operation in, on, over or under land, and this covers most forms of development. There are however allowances by virtue of the Planning (General Permitted Development) Order 1995 and the subsequent amendment to that Order in 2008, which allow certain forms of development to be undertaken without the benefit of planning permission. This is referred to as “permitted development” and this primarily relates to work to single family dwellings, (flats, apartment and few commercial buildings have permitted development rights.) These permitted development rights relate to the building of extensions to residential properties and the erection of loft conversions. For the most part, house extensions are dealt with within the Planning (General Permitted Development) Order 2008. Advice can however be offered as to the likely requirement for planning permission.

It is essential prior to commencement of any work that you check to ensure that what you propose does not require planning permission. This Practice often deals with those that have unfortunately undertaken development for which planning permission was required and not obtained. To ensure that approach a project with certainty you can submit to the Local Authority an application for a Certificate of Lawfulness. This will define whether planning permission will be required or not.

Certificate of Lawful Use & Development

In order to ensure against any problems arising prior to or after the commencement of a project, it is advisable to apply to the Local Authority for what is known as a “Certificate of Lawful Use and /or Development”. This is an application where you ask the Local Authority to confirm in writing that planning permission is not required for the development that you wish to undertake or the use that you wish to commence. This application would be accompanied by site plans showing the location of the site, a block plan showing where on the site the work would take place, and plans and elevations of the proposed work or use. A fee is payable for this application, which normally amounts to half of that required for a normal planning application. Importantly, upon agreement a Certificate is issued which can be given to your solicitor in the event that you wish to sell the property

Conservation Areas

Conservation Areas are designated by Local Authorities as areas of architectural and historic importance, which have a certain of ambience and within which there may be historical elements, namely areas or buildings which reflect the history of the area or some important architectural element. It is important to check whether you are located in a Conservation Area, as “permitted development” rights are often severely restricted and it is an offence to demolish any building in a Conservation Area without consent or to carry out any alterations to those buildings that may be included on the Statutory List of Architectural and Historic Importance. You are often advised to speak with the Local Authority Conservation Officer prior to submitting any applications, and this Practice can assist you in this respect.

Listed Buildings

These are buildings of architectural and/or historic importance and are included on the Statutory List as Grade I, Grade II or Grade II*. The various grades reflect their level of importance on the Statutory List, for those of lesser importance, discussions with the local Conservation Officer may suffice, for those of more important standing, discussions with English Heritage and other bodies may be required. This practice can advise as to what your liabilities will be in this respect.

Town Planning Appeals

The proposal that you have put forward may be contrary to the policies adopted by the Planning Department and thus considered unacceptable. You do have a statutory right of appeal to the Planning Inspectorate within six months of the date of the refusal. This Practice can advise you as to your likely chances for success at any Appeal, and further which of the three methods of appeal would be more suitable for your case. You can also appeal against any conditions imposed upon a planning permission, although you should be extremely careful how you do this. In simplistic terms there are three ways in which an appeal can be dealt with, although all are determined by an Inspector appointed by the Planning Inspectorate.

The first is the most straightforward and is an exchange of statements between the Appellant and the Local Authority, wherein both parties set out their case for approval and refusal respectively. The appointed Inspector visits the site to familiarise his or herself with the case and surroundings and then goes away with the relevant statements to form an opinion and issue a decision.

The second process is an informal hearing where the Appellant and the Local Authority Planning Officer meet in an informal environment in front of an appointed Inspector, providing the Inspector with their Statements of Case and discussing various elements. The Inspector then visits the site and goes away to form his or her opinion.

The third process is more complex and expensive, a formal Public Inquiry heard before an experienced appointed Inspector, with both parties engaging legal Counsel Witnesses can be cross examined on the information that they have provided. This Inquiry can cost several thousand pounds and can last up to several days, dependent upon the significance of the application. The Inspector then retires to issue his decision.

It is the ambition of this Practice to, wherever possible, to avoid appeals and if we are presented with a refusal then to try and re-negotiate the application with the Local Authority to achieve an acceptable compromise. This is often a successful alternative, but does require flexibility on both parties.

Breaches of Planning Control

If a building has been erected or a use commenced without the benefit of planning permission, you would be invited by the Local Authority to submit an application for retrospective planning permission. If this application is refused, then you have a right of appeal under one of the three methodologies outlined above. Often however such a refusal is accompanied by an Enforcement Notice, which requires that the building be removed or the use cease. There are two dates on an Enforcement Notice, one is the date when the Notice will take effect, the other is the date by which the terms of the Notice should be complied with. It is essential that an Appeal be lodged prior to the Notice taking effect, otherwise your right of appeal is lost. As soon as an Enforcement Notice is received, you should seek professional advice. Due to this Practice’s long experience in the field of Enforcement, we are well placed to offer the correct advice and to recommend you to appropriate Planning Counsel if this is necessary.

In summary we can:

• Advise on the likely chances of success of any Appeal.

• Prepare planning statements for submission to the Inspectorate in support of the Appeal.

• Provide counter arguments to the Local Authority case in Written Representation cases.

• Representation of clients at informal hearings.

• Preparation of Statements of Case and appearance as a professional witness at Public Inquiries.

• Liaison with Solicitors, engaged Counsel and other parties present at Inquiries.

Initial consultations are without obligation and at no charge.