Planning & infrastructure

Successful objection to development’s prior planning approval

The client and a number of fellow local residents instructed Kate Jardine to assist them in formulating an argument against the progression of a series of block built high end apartments in a relatively quiet area on the edge of a rural town. The proposed site was on the edge of a conservation area and already suffering with traffic congestion coming into the town, as well as the potential for significant overlooking and overbearing for the existing residents as a result of the proposed development.

Advice on planning use results in successful purchase

Kate Jardine recently advised on the correct planning use of a former hotel in anticipation of our client’s purchase.

Enforcement prosecution successfully dropped by Local Planning Authority against our client

We assisted the client on a contentious planning enforcement matter. The client was wrongly accused of submitting misleading information to the local authority in its planning application.

Assistance in appealing refused planning permission

Our client had obtained prior approval for a Class Q conversion (under the Town and Country Planning (General Permitted Development) Order 2015) for use of their property from an agricultural barn to a residential dwelling.

Application for Certificate of Lawful Use in preparation for sale of residential home

The clients, owners of a former warehouse in central London, now used as an open plan stylish, converted apartment, required formal regularisation of a historic planning condition imposed over 20 years ago providing for a live/work use of the apartment.

Enforcement notices withdrawn following successful negotiations

The client was issued with two enforcement notices relating to a parcel of land to the side of a motorway. The land had been trespassed upon, with caravans and hard standing left on site without the authority of the client. On behalf of the client, two appeals were submitted against the notices.

Section 106 agreement finalised in advance of appeal – new affordable homes and contributions towards essential infrastructure

The developer client sought Kate Jardine’s advice and assistance with the production and negotiation of a section 106 agreement, dealing with the provision of financial contributions and a percentage of affordable units on a site for twenty one new dwellings in a sought after location. An appeal had been lodged against the refusal of permission.

Section 106 agreement supporting planning permission with a Car Club Scheme

Kate Jardine recently advised and assisted on the negotiation of a section 106 deed relating to the provision of a Car Club Scheme within a new development in an edge of town location. The agreement was required to support the client’s application to amend the original development.

Permission granted for development site – 21 new affordable homes

Kate Jardine recently advised and negotiated a section 106 planning agreement in relation to a development site to provide twenty one affordable housing units.

Rights of common

What are the main issues to consider when it comes to connections to sewers and water mains in private roads?

When purchasing a property, your solicitor will obtain searches to identify which utilities serve the property.

The Environment Act 2021 – 10 key elements

The Environment Act 2021 received Royal Assent on 9 November 2021 and is now in force. Below are 10 key elements of the Act which are set to take the enforcement of environmental protection in England to a whole new level.

Impact of lockdown on planning applications

Article published on 20 May 2020. 

Have you implemented your planning permission?

Update from the planning inspectorate

Is the green belt’s visual quality the same as its openness?

The concept of Green Belts is a national planning policy aimed at maintaining a protective buffer of countryside (for agriculture, outdoor leisure etc) around certain urban areas. 

The Battle of the Plans, Parts 1 & 2

The big news for the beginning of this year in regional planning is that, on 6 January, Wealden District Council in East Sussex withdrew its submitted plan from examination on the recommendation of the Inspector, following a rather regrettable report being published accusing Wealden of failing to comply with the duty to cooperate and identifying some “significant failings in respect of the soundness of the submitted Plan”. 

Court of Appeal gives clear direction to local authorities in a landmark decision for s73 cases

In November last year, the High Court examined in Finney v Welsh Ministers & Ors the test for how far a condition on a planning permission could be varied.

Cinema site set to come to life again

The town of Tunbridge Wells in Kent will, at last, see some activity on the Former ABC Cinema site, come the end of the year.

Tunbridge Wells Cabinet to kick start public consultation of new Local Plan

At a meeting of Tunbridge Wells Borough Council’s Planning and Transport Cabinet Advisory Board last night (Monday 5 August), it was resolved that the new draft Local Plan (Found here: Draft local plan: regulation 18 consultation draft) be put to Cabinet members on 15 August for a decision as to whether the plan should go out to its first round of consultation in September. This is the first step in the long process to adoption (expected December 2021). A purely procedural step, by all accounts, and a decision by the Cabinet cannot involve either the introduction or removal of any specific sites allocated for development.  The Head of Planning’s report to Cabinet will broadly follow the contents of that put before the Advisory Board on Monday: Consultation on Draft Local Plan 2016 - 2036 (Regulation 18 and Sustainability Appraisal.

New Permitted Development rights set to change the face of the High Street come into force this weekend (25.5.19)

Draft regulations have now been laid before parliament introducing a handful of new permitted development rights set to change the face of the high street. 

Cost of ignoring the court - £50,750

Local authorities and the courts are quite well-known for being a bit bossy! But when you blatantly ignore orders of the court, there can be a hefty price to pay, as one pub landlord found out. 

Consultation on draft Community Infrastructure Levy Regulations 2019

The Government has recently published its consultation on the proposed further reform to the CIL Regulations 2010.

Local Plans – what’s the fuss all about?

You would think that the topic of Local Plans wouldn’t be a conversation-starter but just mention property prices locally and the number of building sites, and you’ll get a reaction. All of these things are led by one thing… the Local Plan. 

Injunctions issued by Local Authorities – how to respond

One of the most common reasons that a local authority serves an injunction on what appears to be vacant land, is in order to prevent the unauthorised development of the land that it believes may occur, particularly on land in a sensitive location or which has a special designation

The bargaining power of a CVA

A number of retailers have issued Company Voluntary Arrangement (CVA) announcements this year. If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading during this time.

The Click and Collect Revolution

The Department for Communities and Local Government (DCLG) is consulting on plans to allow retailers to alter properties to cater for “click and collect” services without the need for new planning consent.

Agricultural Permitted Development Rights

Electronic signatures