Advice for Developers

The rapidly evolving planning system can be confusing and technical.

Attwaters Jameson Hill’s Planning Law solicitors pride ourselves on our ability to make relevant and incisive advice and representation accessible to all our developer and commercial builder clients, including:

• Development potential
• Appeals against refusals
• Section 106  and Section 278 Agreements
• Advice on CIL
• Judicial Review
• Interpretation of planning legislation and case law
• Interpretation of planning conditions
• Certificate of lawfulness applications – whether you are seeking consent for proposed work or existing development (including the 4 and 10 year rule)
• Representations on local plans

Many of Attwaters Jameson Hill’s Developer clients come to us at the stage where the Local Planning Authority has rejected their Planning Application and advice is needed about an Appeal to the Planning Inspectorate. We are able to advise on the merits of an Appeal; the prospects for success; the appropriate forum for the Appeal (be it written representations, an Informal Hearing, or a full Public Inquiry).

Other Developer clients will consult us earlier in the process, when they are contemplating making an Application for Planning Permission for development. Our renowned Planning experts are able to advise on the development potential of land set against the relevant National and Local Plan Policies and assist with the preparation of a Planning Application including commissioning the appropriate technical support necessary for the Application.

Most large developments start with an allocation in the Local Plan, in which case we act upon the Local Plan process and coordinate the submission of proposals for inclusion in the Local Plan on your behalf.

When an Application for a Commercial or Residential Development requires financial contributions which need to be secured via a Section 106 Agreement, our solicitors will advise and prepare the necessary legal documentation.

The Attwaters Jameson Hill Town and Country Planning team is often asked to intervene when Developers experience difficulties after the project has commenced. There may be arguments about the discharge of Planning Conditions. If the Local Planning Authority considers that the development is not being undertaken pursuant to a Planning Permission then an Enforcement Notice, or even a Stop Notice, may be issued.

We have a proven track record in dealing with all these issues, particularly when negotiating with the Local Planning Authority as well as protecting our clients’ position by lodging an Appeal to the Planning Inspectorate.

Sometimes, often on smaller projects, a development may not require Planning Permission at all but may be Permitted Development under the General Permitted Development Order 1995 (as amended). Our Planning solicitors offer skilled legal advice on Permitted Development and Certificates of Lawfulness.