Frequently Asked Questions

Question & Answers

Negotiating Planning Agreements and Unilateral Undertakings

What is it?

These legally binding documents are required in many cases under S106 of the Town and Country Planning Act 1990 to be entered into with the Local Planning Authority (LPA) in conjunction with a planning permission.

Why is it important?

The objective is to lessen the impact of the development where there is a need for new or improved infrastructure/services and if applicable, secure Affordable Housing provision.

Advising on infrastructure issues and third party rights

What is it? Development of any area of land can involve a number of issues such as ensuring there is access from the site to public roads and servicing by the various utility undertakers. Other matters that may need to be addressed before applying for planning permission or starting construction are extinguishing/diverting rights of way running through the land, remedying contamination and ensuring protection of wildlife/vegetation or items of archaeological importance.

Submitting objections and alternative proposals

What is it? Property occupiers can be significantly affected by development carried out by neighbours and developers, in which case there are opportunities to object to such proposals early in the planning process.

Resisting Planning Enforcement

What is it? When persons are subject to enforcement action by a LPA there are legal means to examine the validity of the action taken and if appropriate challenging the decision via an appeal.

Advising on Permitted Development Rights

What is it?

There are many instances where a development or change of use will not require a planning application to be submitted to the LPA. These are categorised as being within Permitted Development Rights. The rules applying are, however, complex and specialist legal advice obtained before going ahead with a project will minimise the risks of mistakes being made.

Applying for Lawful Development Certificates

What is it?

Where permitted development rights exist or immunity against planning enforcement applies through passage of time an application can be made to the LPA to certify the lawfulness of the development. In such cases, evidence needs to be submitted in support of the application which is where legal advice can assist.

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