Planning applications

Our firm is able to provide a wide range of services relating to the preparation and submission of Planning Applications. In the first instance we can provide advice on the types of Planning Applications that should be considered for various forms of development. In particular, we can advise on the general strategy to be adopted in the preparation and submission of various forms of Planning Application on a staged basis with a view to securing the maximum long term advantage. Furthermore, we can provide advice on alternative forms of Application for special circumstances including Applications for Certificates of proposed use and development under Section 192 of the Town & Country Planning Act 1990. We can also provide advice on where applications for Certificates of Alternative Appropriate Development may be appropriate. We can also provide advice on the issue and service of Purchase Notices on Local Planning Authorities where appropriate. We would add that we can also provide advice on the specialist skills required by way of an input into a proposed development scheme in support of a Planning Application.

We have of course gained considerable experience in this field over many years relating to a broad range of proposed development schemes including both commercial schemes and residential schemes. We have also provided advice on mineral development schemes and waste deposit and recycling schemes. We have also provided advice on related areas of activity which include Applications for Waste Management Licences in relation to Applications for Planning Permission for example for waste recycling depots. Where Applications are submitted for proposals for public houses and snooker clubs or nightclubs, we also can deal with the preparation and submission of the related Applications for the appropriate Premises Licences from the Local Authority pursuant to the Licensing Act 2003.

Our firm is able to deal with both simple straightforward applications and also with major complex planning applications. It should be noted that with reference to major complex Planning Applications, we have dealt with all aspects of the Application including the preparation and submission of the supporting environmental statements where environmental statements are required. Please note that in compiling environmental statements we can call upon the services of specialists relating to specific areas of expertise in order that their input can be inserted into the environmental statement. We have a number of well established links with many experts who can provide advice where required.

When preparing and submitting Planning Applications we also tend to the preparation and submission of supporting documentation including formal design and access statements pursuant to Circular 1/06 issued by the Department of Communities and Local Government. We also attend to the preparation and submission where appropriate of conservation area statements which obviously apply relating to Applications in conservation areas. We are also happy to prepare and submit flood risk assessment reports in support of those applications found to be located within designated flood risk areas. Furthermore, we are also able to provide and submit formal supplementary reports including reports analysing the carbon footprint of the proposed development scheme together with reports analysing the extent to which the development scheme complies with the principles of sustainable development. We also prepare and submitted detailed statements of case in support of contentious proposals and we also prepare and submit reports on the assessment of the landscape value of areas in which the proposed development is to be located and also reports on the visual assessment of development proposals.

When dealing with Planning Applications our firm can pursue the negotiations concerning any planning gain that may be required by the Local Planning Authority as part of the process for approving a proposed development scheme. In particular, we can also advise on the relevant policies within the Statutory Development Plan and in supplementary planning guidance notes which require specific planning contributions to be submitted by developers as part of the development proposals. We also attend to the preparation and submission of draft planning obligations to Local Planning Authorities which are submitted in accordance with the powers set out in Section 106 of the Town & Country Planning Act 1990 As Amended. We are able to advise on and deal with different types of planning obligation including complex bilateral planning obligations involving several parties and also straightforward unilateral planning obligations in circumstances where those types of instrument are more appropriate. It should be noted that the law relating to planning contributions and planning gain is extremely complex and does indeed change quickly. We can also provide advice on other issues including the forthcoming issues relating to proposed planning gain supplements.

It should be noted that Local Planning Authorities are increasingly using planning obligations for a large number of Planning Applications. In many cases it is necessary to negotiate planning contributions relating to relatively minor schemes. For example small residential schemes may trigger the need for planning contributions relating to the provision of public open space off-site or indeed educational contributions based upon the formula applied by the Local Planning Authority concerning the assumed cost arising from the need to provide additional school places for children who will inevitably be accommodated within the proposed residential scheme. We have substantial experience in negotiating planning gain over a wide range of areas including planning gain relating to contributions for the provision of libraries, additional police services, affordable housing, the provision of cemeteries, the provision of additional recycling services, the provision of general waste management services, the provision of additional highway infrastructures, the provision of financial support for wildlife habitats an also the provision of financial support for the creation of new wildlife habitats to support species displaced by the proposed development itself. In this website examples of various types of proposed planning obligation are exhibited for the purpose of providing further examples of the work we have carried out on behalf of other clients.

It should be noted that in particular proposed planning obligations under Section 106 of the Town & Country Planning Act 1990 now account for a substantial share of all affordable homes schemes. In essence there appears to be a growing dependence on planning obligations under Section 106 of the Town & Country Planning Act 1990 as a way for ensuring that the public sector can meet housing need generated within the relevant area. It should be noted that the number of affordable housing schemes dependent upon planning contributions arising from planning agreements under Section 106 of the Town & Country Planning Act 1990 exceeded 50% back in 2005.

Given the above comments we can provide advice on a number of financial issues that are affected by the requirements of the Local Planning Authority so far as planning gain is concerned. We often urge our clients to ensure that they take into account all of the possible costs involved in the development process which invariably are indeed far more extensive than our clients sometimes original anticipate. Furthermore, we also provide general advice on tactical issues when dealing with the Local Planning Authority. We invariably advice clients that wherever possible it is prudent to ensure that discussions on an informal basis take place with planning officers responsible for the area in question at the offices of the Local Planning Authority in order to obtain a view on their general approach and philosophy. This will obviously inform the negotiating process in subsequent meetings after the planning application has been submitted. We also always advise clients that we should maintain an open dialogue with the Local Planning Authority at all times. Furthermore, we also advise clients that wherever possible if the Local Planning Authority decides to refuse an Application for Planning Permission then we should still seek to maintain a dialogue with the Local Planning Authority by preparing and submitting duplicate Applications for Planning Permission whilst at the same time pursuing an appeal against the refusal of the Planning Permission. It should be noted that this twin-tracked approach can often produce valuable results despite the fact that the Local Planning Authority has initially adopted a hostile approach to the proposed development scheme. We have been successful in negotiating our way out of an planning appeal and securing a grant of planning permission from a Local Planning Authority in circumstances where the negotiations on the duplicate Planning Application produced a different result in favour of our client, despite the fact that the original Planning Application had received an outright refusal notice from the Local Planning Authority. We do find that Local Planning Authorities are more inclined to negotiate in a reasonable fashion when faced with the prospect of an impending planning appeal hearing date, particularly when they face the prospect of an application for costs being made against them on the grounds of unreasonable behaviour under the terms of Circular 8/93. It should be noted that negotiations in such circumstances are to be carried out with tact and care.

In this website there are a series of photographs relating to development schemes upon which our main lead consultant has acted in the past. The said schemes have been successful despite substantial opposition from third party objectors and a hostile Local Planning Authority.