Planning Inquiries
Local Plan Inquiry
Public Local Inquiry into Various Planning Appeals
Contaminated Land
A "Called-in" Planning Application
Nature Conservation
Noise Pollution
Edge of Town Centre Development
Local Plan Inquiry
The Client
A company in Essex owning a substantial area of land.
The Case
Our client sought a commercial designation for a substantial area of land within the local plan. The Deposit Draft Plan included the large site within a revised "strategic land designation" and contained other designations designed to protect the site from any form of development whatsoever. The case was pursued by the planning team within our consultancy. Our consultancy supplied the advocacy services and the planning expertise together with the landscape evidence in support of the clients' formal objections to the Local Plan. Our consultancy was responsible for the preparation and lodging of the detailed objections at the Deposit stage and we pursued vigorous arguments in support of a commercial designation and also in support of a residential designation.
The Outcome
We were successful in persuading the Inspector to re-examine the Council's approach to the formulation of the Draft policies in the Plan.
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Public Local Inquiry into Various Planning Appeals
The Client
A substantial transport and salvage company.
The Case
The team advised a transport company on several major planning disputes with a local planning authority. The team prepared and submitted a series of planning applications and then subsequently pursued formal appeals against decisions by the local planning authority to refuse the applications. The appeals were taken before a Planning Inspector at a Public Local Inquiry and after a long hearing the three planning appeals were allowed thereby enabling the Client to fully utilise its land and to further develop its business in a profitable manner. At the same time the team advised the transport company on a series of enforcement notices issued by the local planning authority and also pursued appeals against the enforcement notices.
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Contaminated Land
The Client
A large housebuilder.
The Case
The team received instructions to secure a planning permission for the development of a site which constituted a landfill site identified by the local authority. Complex negotiations took place with the local planning authority and with the Environment Agency which eventually led to the lodging of a series of planning applications and the pursuit of a planning appeal coupled with a series of representations under the review of the Local Plan. Eventually, the negotiations proved successful and we were able to avoid the Public Local Inquiry. The Client achieved a planning permission which permitted the construction of one hundred and five residential properties on the site but subject to the undertaking of various decontamina-tion measures which included the insertion of a capillary break layer over part of the site.
The Outcome
A very lucrative planning permission was secured subject to the need to invest substantially in the alleviation of some of the contamination on parts of the site.
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A "Called-in" Planning Application
The Client
The Board of Trustees of a large building complex.
The Case
The team prepared and lodged a detailed planning application after protracted negotiations with the local planning authority. Although the application related to a substantial area of land located in open countryside outside the existing settlement development boundaries described in the Development Plan, nevertheless the team had persuaded the local planning authority that the application should be approved. Given the substantial size of the development scheme the Secretary of State intervened and called-in the planning application. He appointed one of his senior Planning Inspectors to convene a Public Local Inquiry. The team deployed its own planning advocate who called a series of witnesses from the team to give evidence in support of the planning application. A complex planning obligation was also submitted to the Planning Inspector and a virtual reality computerised representation of the scheme, as built, was submitted to the Inspector.
The Outcome
The Planning Inspector recommended approval of the planning application in his report to the Secretary of State, and the Secretary of State finally agreed with his representations, thereby granting planning permission for a very valuable development.
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Nature Conservation
The Client
A large housebuilder.
The Case
The Client, in accordance with the advice proffered by the team obtained an option over a 15 acre site which included an area of land occupied by a scrap metal company which was in possession of a Waste Management Licence and in part, included a redundant municipal land-fill site. The area was designated as being an area worthy of preservation as a habitat for endangered species. It was therefore necessary to advise the Client on the implications and to enter into detailed negotiations in relation to this matter. After the submission of detailed evidence by experts on our team, the local planning authority and the Secretary of State eventually agreed to a modified scheme which allowed a substantial part of the site to be developed and for the re-location of a number of insect species from one site onto another part of the site in order to facilitate the development scheme.
The Outcome
The Client was able to undertake a profitable development scheme on a substantial part of the site and to successfully re-locate the endangered species onto a specially prepared habitat provided for them on another part of the site.
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Noise Pollution
The Client
An industrial company.
The Case
The local environmental health authority had received complaints from local residents concerning alleged noise nuisance caused by our Client company. Our Client operated industrial premises within a residential area which included a manufacturing process which produced intermittent loud impulse noises and vibrations. Evidence was obtained by Environmental Health Officers by the deployment of a number of instruments in residential properties throughout the district. The local planning authority prepared an abatement notice with a view to proceeding through the Courts. However the team were able to enter into negotiations with the local planning authority and, after a series of meetings and consideration of evidence submitted by experts on both sides we were eventually able to negotiate a compromise package which avoided the need for litigation and led to a reduction of noise and vibration by the use of a number of sound attenuation measures which were cost-effective but still allowed our Client to continue his operations.
The Outcome
The local environmental health authority reached an agreement with our Client which avoided the need for litigation and our Client was allowed to continue with his profitable enterprise on the site.
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Edge of Town Centre Development
The Client
A substantial commercial property company.
The Case
The team was instructed to secure a series of planning permissions for residential development on commercial land which had become redundant. Various problems arose including issues over flooding, access, allocation in the Development Plan, landscape issues and the need to preserve public open space. All of these issues were dealt with during the course of negotiations and a series of acceptable planning permissions were eventually granted after a Public Local Inquiry had started and was adjourned during the process.
The Outcome
The Client achieved three acceptable planning permissions which enabled them to re-develop the site in an effective manner.
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