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There is currently great change within the area of public law, and in particular Local Government and its planning powers. With the onset of localism and what that will bring together with amendments to the planning system and local communities being given greater say in administering Local Government generally, our experienced team of planning and development lawyers have first hand knowledge of how Local Authorities (and their relevant departments and those of Central Government) operate and how best to communicate with them. We recognise that our advice has to be practical, innovative and positive to ensure that our client’s interests are both protected and served, whether they relate to proposals contained in planning policies, whether those policies are of a local nature from individual Local Planning Authorities, as may be contained in any Local Development Framework, whether this be a development site or an extension to an existing dwellinghouse, or indeed any strategic policies of Central Government.
Planning and Development
Our experience and advice to clients consists of the following:
• Planning Applications and Appeals;
• Dealing with Enforcement Notices and Enforcement Appeals;
• Prosecutions for all types of planning, listed building and other related regulatory offence;
• High Court proceedings, appeals in connection with Planning Refusals and Judicial Review proceedings;
• Planning obligations and ancillary documentation;
• Local Planning Inquiries in respect of Appeals;
• Applications for Certificates of Lawful Use and Development;
• Advice in connection with Listed Buildings and Heritage;
• Project management in connection with development sites.
HIGHWAYS AND RIGHTS OF WAY
We advise on a broad range of issues relating to highways:
• Agreements under Section 278 and/or 38 of the Highways Act 1980 relating to highway works;
• Dedication Agreements of land as highway;
• Exercise of public rights of way and deemed dedication of land and highways pursuant to the Highways Act 1980;
• Effect of the Natural Environment and Rural Communities Act 2006 in connection with rights of way in respect of public footpaths and byways and driving motor vehicles thereover;
• Matters associated with the exercise of rights of way over common land;
• Obstruction of rights of way.
Compulsory Purchase and Compensation
We advise both public and private sector clients on compulsory purchase and compensation issues. We provide practical advice on all aspects of objection to public inquiries in connection with compulsory purchase orders, liaising with Counsel and appropriate expert witnesses with a view to obtaining an award of compensation.
Building Regulation Issues
Advice in connection with application of Building Regulations including advice in connection with defective buildings arising out of works and failure to comply with the Building Regulations.
A broad range of issues relating to areas such as contamination and remediation works, environmental permits, discharge or abstraction consents relating to water, waste pollution, minerals and landfill nuisance flooding and the management of environmental risk, environmental warranties, indemnities and insurance.
The acquisition and disposal of land for development, whether this be for residential or commercial purposes, including entering into Option Agreements, Conditional Contracts, Joint Ventures and Development Agreements relating to development together with the disposal of the sites following the grant of planning permission.