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What is Planning & Development?

Planning & Development Law - Expert Legal Help for Property Development

Planning and development law governs how land can be used and developed. Whether you're seeking planning permission, appealing a refusal, or dealing with enforcement action, specialist planning solicitors provide the expertise needed to navigate complex planning regulations and achieve your development objectives.

What Our Planning & Development Solicitors Can Help With

  • Planning Applications: Full planning permission and outline applications
  • Planning Appeals: Appealing refusals and planning conditions
  • Enforcement Appeals: Challenging planning enforcement notices
  • Judicial Review: Challenging unlawful planning decisions
  • Section 106 Agreements: Planning obligations and developer contributions
  • Listed Building Consent: Applications for listed building alterations
  • Environmental Impact Assessment: EIA screening and scoping
  • Compulsory Purchase: CPO procedures and compensation claims

Types of Planning Applications

Planning Permission Types:

  • Full Planning Permission: Detailed applications with complete proposals
  • Outline Planning Permission: Permission in principle with reserved matters
  • Reserved Matters: Detailed design following outline permission
  • Change of Use: Applications to change building use class
  • Listed Building Consent: Permission for alterations to listed buildings
  • Conservation Area Consent: Demolition in conservation areas

Permitted Development Rights:

  • Residential Extensions: Single and double storey extensions
  • Commercial Development: Office and retail extensions
  • Change of Use: Permitted changes between use classes
  • Agricultural Buildings: Farm buildings and structures
  • Prior Approval: Notification procedures for certain development

Planning Application Process

Pre-Application Stage:

  • Site Assessment: Feasibility studies and constraints analysis
  • Pre-Application Advice: Informal discussions with planning officers
  • Community Consultation: Early engagement with local residents
  • Design Development: Preparing proposals in line with planning policy

Application Submission:

  • Application Forms: Completed planning application forms
  • Supporting Documents: Design and access statements, planning statements
  • Technical Reports: Transport, ecology, heritage, and other assessments
  • Drawings and Plans: Existing and proposed plans and elevations

Determination Process:

  • Validation: Checking application completeness
  • Consultation: Statutory and non-statutory consultees
  • Public Consultation: Neighbour notification and site notices
  • Officer Assessment: Planning officer evaluation and recommendation
  • Committee Decision: Planning committee determination (if required)

Planning Appeals

Grounds for Appeal:

  • Refusal of Planning Permission: Challenging negative decisions
  • Conditions: Appealing unreasonable or unnecessary conditions
  • Non-Determination: Appeals against failure to determine applications
  • Enforcement Notices: Challenging enforcement action

Appeal Procedures:

  • Written Representations: Paper-based appeals (most common)
  • Hearings: Informal proceedings with inspector
  • Public Inquiries: Formal proceedings for complex cases
  • Fast Track Appeals: For householder applications

Appeal Timescales:

  • Householder appeals: 6 months from decision
  • Other appeals: 6 months from decision
  • Enforcement appeals: 6 months from notice service
  • Commercial appeals: Often longer determination periods

Planning Enforcement

Types of Enforcement Action:

  • Enforcement Notices: Requiring cessation or remedy of breaches
  • Stop Notices: Immediate cessation of harmful development
  • Temporary Stop Notices: Short-term stopping powers
  • Breach of Condition Notices: Compliance with planning conditions
  • Section 215 Notices: Requiring improvement of land condition

Enforcement Defences:

  • Time Limits: 4 years for development, 10 years for change of use
  • Immune Development: Development that has become lawful through time
  • Permitted Development: Development that doesn't require permission
  • Certificates of Lawfulness: Formal confirmation of lawful use

Section 106 Agreements and CIL

Section 106 Planning Obligations:

  • Affordable Housing: On-site provision or financial contributions
  • Infrastructure Contributions: Highways, education, healthcare
  • Environmental Mitigation: Habitat creation and protection
  • Public Open Space: Recreation and community facilities

Community Infrastructure Levy (CIL):

  • Standard charge per square metre of development
  • Used to fund strategic infrastructure
  • CIL liability notices and payment procedures
  • Relief and exemptions for certain development

Environmental and Heritage Considerations

Environmental Impact Assessment:

  • EIA Development: Large-scale projects requiring environmental assessment
  • Screening: Determining whether EIA is required
  • Scoping: Defining the scope of environmental assessment
  • Environmental Statement: Comprehensive environmental impact report

Heritage and Conservation:

  • Listed Buildings: Special consent for alterations
  • Conservation Areas: Enhanced protection for historic areas
  • Archaeology: Assessment and mitigation of archaeological impacts
  • World Heritage Sites: Highest level of heritage protection

Planning and Development Costs

Planning Application Fees:

  • Householder applications: £206
  • Full planning applications: £462 per 0.1 hectare
  • Outline planning applications: £462 per 0.1 hectare
  • Change of use applications: £462
  • Listed building consent: £206

Legal Costs:

  • Planning applications: £2,000-£10,000
  • Planning appeals: £5,000-£25,000
  • Public inquiries: £15,000-£100,000+
  • Judicial review: £10,000-£50,000
  • Section 106 negotiations: £3,000-£15,000

Professional Fees:

  • Planning consultants: £100-£200 per hour
  • Architects and designers: £50-£150 per hour
  • Technical specialists: £100-£300 per hour
  • Expert witnesses: £150-£400 per hour

Why Choose SolicitorConnect for Planning & Development

  • Planning Law Specialists: Solicitors focusing on planning and development law
  • Local Knowledge: Understanding of local planning policies and procedures
  • Multi-Disciplinary Team: Working with planning consultants and technical experts
  • Strategic Approach: Balancing planning objectives with commercial realities
  • Appeals Experience: Proven track record in planning appeals and inquiries
  • Development Focus: Understanding the commercial drivers of development projects

Planning and development law requires specialist expertise to navigate complex regulations and achieve successful outcomes for development projects.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.

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Frequently Asked Questions

Common questions about planning & development and how our solicitors can help

Planning permission is required for most development including: new buildings, extensions above permitted development limits, changes of use between different classes, alterations to listed buildings, and work in conservation areas. Some work is permitted development not requiring permission. Pre-application advice helps determine requirements.

Planning application timescales: 8 weeks for minor applications, 13 weeks for major applications, 16 weeks for EIA development, and longer for complex cases requiring legal agreements. Pre-application discussions and professional advice can help ensure applications are determined within statutory timescales.

Planning appeals can be made within 6 months of refusal (3 months for householder applications) to the Planning Inspectorate. Appeals can challenge: refusal decisions, unreasonable conditions, or non-determination. Appeals are decided by written representations, hearings, or public inquiries depending on complexity.

Section 106 agreements are legal obligations requiring developers to provide: affordable housing, infrastructure contributions, environmental mitigation, public open space, and community facilities. They make otherwise unacceptable development acceptable by addressing its impacts on local communities and infrastructure.

Planning application fees vary: householder applications £206, full planning applications £462 per 0.1 hectare, outline applications £462 per 0.1 hectare, change of use £462, and listed building consent £206. Additional costs include professional fees for architects, planning consultants, and technical reports.

Permitted development rights allow certain development without planning permission including: single-storey rear extensions up to 6m (terrace) or 8m (detached), loft conversions, small front extensions, and some changes of use. Rights vary by property type and location. Prior approval may be required for some permitted development.

Planning enforcement can be taken for: development without permission, breach of planning conditions, unauthorized change of use, and untidy land. Time limits apply: 4 years for development breaches, 10 years for change of use. Enforcement notices can require cessation or remedy of breaches.

If served with enforcement notice: seek immediate legal advice, check whether development is actually unauthorized, consider whether enforcement notice is valid, prepare appeal if grounds exist (within 1 month), and consider retrospective planning application if appropriate. Time limits for appeals are strict and cannot be extended.

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3

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