James advises on all aspects of Planning Law. He has extensive experience of the planning system, including participation in public inquiries and many High Court actions
Planning issues normally arise because:
a planning permission is to be sought for a change of use;
the local authority are threatening action because of an alleged breach of planning control;
or there is an objection to a planning application which has been made by the owner of the neighbouring property.
Dealing effectively with the local authority in respect of any of these matters requires an understanding of the planning system. Successful outcomes often depend on interpretation of national, regional and local policies, and the relevant law, and working with other disciplines such as surveyors to put the client’s case.
If matters cannot be solved by an application for permission then an appeal to the Planning Inspectorate may be necessary. In some cases planning issues can only be resolved in court.
You can perform certain types of work without needing to apply for planning permission. These are called "permitted development rights". However, the local planning authority may have removed some of your permitted development rights by issuing an 'Article 4'...
If you decide to buy a piece of land which benefits from planning permission you are allowed to implement that permission, in other words it does not belong in any sense to the person who applied for it. However, you need to be very careful if you intend to make use...