Planning and development
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Legislation and planning policy is constantly evolving and if you are a developer, a landowner or objector, it is essential that you obtain the appropriate advice.
From the initial preparation of a planning application through to third party challenges of a final decision, specialist advice from people experienced in all aspects of the planning process is key.
Whether preparing for an initial application, appealing a decision, ensuring planning obligations are carefully drafted, or complying with enforcement notices or judicial review due to third party obligations, seeking advice from a specialist and experienced team can help you successfully navigate what can be a complex area of law.
What is planning law?
Planning law is a set of regulations and policies that govern the use of land and buildings. It aims to ensure that development is sustainable, meets the needs of communities, and protects the environment. Planning law covers issues such as zoning, building codes, and environmental impact assessments.
Helen Archibald
Partner | Real estate, Commercial property, Land development
Contact Helen
What planning services do we offer?
We offer a comprehensive service that covers all aspects of the planning process including:
- Application
- Appeals
- Objections
- Complex section 106 agreements
- Enforcement
- Consultation in relation to the formulation of policy
- Judicial reviews
Applications
Preparing an application requires experience and attention to detail. If you are to make the most of a site’s potential for development, close examination of policy and planning issues is essential. This includes:
- The impact of local/national planning policies
- The need to address policy, planning impact and technical issues
- An understanding of the way in which a planning authority or inspector will examine and respond to the major issues
- Anticipating and overcoming potential objections and challenges
- Understanding the significance of planning conditions, obligations and the issues they may cause a developer
Appeals
If you want to appeal a decision, we can advise you on the following:
- The overall merits of a development proposal and its chances of success on appeal
- Whether the appeal should proceed by way of written representations, an informal hearing or a public inquiry
- The issues that will have to be covered in the appeal and what other professional involvement will be required to ensure success.
Meet our team of commercial property solicitors
Helen Archibald
Partner | Real estate, Commercial property, Land development
Julian Parkes
Partner | Real estate, Commercial property, Landed estates and farming
Nicola Donnelly
Associate | Real estate, Plot sales, Residential property
Fiona Hampton
Chartered legal executive | Commercial property, Land development, Plot sales
Janice Taylor
Conveyancing executive | Real estate, Plot sales, Residential property
Planning obligations
Planning obligations are regularly used as a method of securing developer contributions and the provision of affordable housing. It is vital that these agreements are carefully drafted. We advise on all aspects of planning obligations including:
- Compliance with the CIL Regulations 2010;
- SANG Credit mechanisms;
- Unilateral Undertakings;
- Infrastructure agreements including section 38 and section 278 agreements;
- Renegotiation, modification and discharge of section 106 obligations.
Enforcement proceedings
It is extremely important to comply with enforcement notices as a failure to do so can lead to criminal sanction.
We advise on all aspects of enforcement including:
- Legal issues on enforcement, including whether a planning breach exists
- Whether buildings or their use are immune from enforcement action
- The implications for developers and landowners of enforcement notices, stop notices and breach of condition notices
- Possible breaches of other statutory regimes, including listed building controls
- How to avoid, delay or challenge enforcement proceedings by way of appeals
- The use of planning conditions and planning obligations as a means of overcoming enforcement problems
- Defence of prosecutions for breaches of enforcement notices.
Judicial review
Planning decisions are increasingly contentious and can lead to third party challenges.
We have extensive experience of taking and defending legal proceedings challenging the grant of planning permission, the dismissal of planning appeals and the adoption of development plan policies and allocations. Our planning team was one of the first in the country to successfully overturn the adoption of a neighbourhood plan.
We can advise on the grounds supporting a legal challenge and how that can be pursued or defended. Prior to a planning application being submitted, we can advise on the best way to negotiate that application and obtain consent so as to minimise the chances of a legal challenge.
We can also advise on the potential for legal challenges on property and development deals which are proceeding by way of conditional contracts or options.
Contact us
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking, and can offer specialist expert support on a local and national level.
Contact our property and land team
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Don’t take our word for it…
Moore Barlow is known for residential and commercial development expertise. The firm continues to act for national and regional house builders, and it is also equipped to handle property finance, landlord and tenant matters and investment work. Its clients also benefit from the firm’s knowledge of agricultural property. In addition, the team is noted for its expertise in property transactions in the leisure industry.
Chambers & Partners
As our own business moves from start-up to growth mode, Moore Barlow have continued to scale and develop their service proportionally to meet our developing needs. They continue to adapt to our new systems, work collaboratively with us to ensure transparency in matters, and increase pace in delivery. We look forward to continuing to do business with them in the coming years.
Legal 500
A competent, professional organisation that we are grateful to have on our side. The Moore Barlow team have proved patient, and highly flexible, supporting us as we develop our acquisition strategy, and dealing efficiently with the many landlords’ solicitors that are not normally comfortable with our market. For us, the biggest plus is that we can be confident that, where matters are dragging on, it is the landlord that we need to be chasing, not Moore Barlow. They work very well with us to ensure that they/we are never holding up a transaction, and so together we demonstrate absolute professionalism.
Legal 500
The team’s focus on our needs and responsiveness makes it feel like we have in-house legal counsel. We have several active matters at any one time, and they have worked with us to develop continually-improving management systems to ensure everyone is up to date with what is happening.
Legal 500
From our numerous dealings with the firm there is clear evidence of a team spirit. Each member of the team works to a high standard and you have confidence with whoever you are dealing with that the task will get done. They are always helpful and will go out of their way to answer any queries we may have.
Legal 500
Moore Barlow’s property partners have an in-depth understanding of their area backed by familiarity with their clients and their businesses gained over decades of experience.
Chambers & Partners
We have had an incredibly positive experience working with Moore Barlow, especially considering that we are new to the UK property market. Their responsiveness, extensive knowledge, and clear communication have truly made them stand out. We were impressed by their considerate approach throughout the sales process, which made the entire experience feel both professional and personable. I highly recommend Moore Barlow for their exceptional service and unwavering commitment to client satisfaction.