At Mercantile Barristers, our Planning Law barristers in London have extensive experience of Town and Country Planning Law. We are regularly instructed to advice on all aspects of planning, highway and environment law, from major regeneration projects to providing advice on planning enforcement.
The list of services our London-based Planning Law barristers provide includes but not limited to: compulsory purchases; drafting and negotiating section 106 agreements, advising on the community infrastructure levy; the National Planning Policy Framework; the national planning policy guidance; local plan policies; Environmental Impact Assessment Regulations; listed building and conservation area issues; appropriate use of planning conditions; certificates of lawful use and development; and enforcement matters; planning application; planning appeals refused and planning permission.
In contentious circumstances, our Planning Law barristers in London are excellent at devising tactical and strategic planning dispute resolution strategies.
At Mercantile Barristers, our Planning Law barristers in London have extensive experience of Town and Country Planning Law. We are regularly instructed to advice on all aspects of planning, highway and environment law, from major regeneration projects to providing advice on planning enforcement.
The list of services our London-based Planning Law barristers provide includes but not limited to: compulsory purchases; drafting and negotiating section 106 agreements, advising on the community infrastructure levy; the National Planning Policy Framework; the national planning policy guidance; local plan policies; Environmental Impact Assessment Regulations; listed building and conservation area issues; appropriate use of planning conditions; certificates of lawful use and development; and enforcement matters; planning application; planning appeals refused and planning permission.
In contentious circumstances, our Planning Law barristers in London are excellent at devising tactical and strategic planning dispute resolution strategies.
If you have had a planning condition refused, then there is potentially scope for an appeal.
Where a planning appeal is dismissed (i.e. planning permission has been refused) the letter will should contain the particular characteristics of the proposal with which the planning inspector took issue. We can then assist you in using this valuable information in preparing an amended proposal to form the basis of a new planning application.
We can advise on the appropriate time limits and amendments that would give you the best chance of success with formulating a new proposal where possible
If you have had a planning condition refused, then there is potentially scope for an appeal.
Where a planning appeal is dismissed (i.e. planning permission has been refused) the letter will should contain the particular characteristics of the proposal with which the planning inspector took issue. We can then assist you in using this valuable information in preparing an amended proposal to form the basis of a new planning application.
We can advise on the appropriate time limits and amendments that would give you the best chance of success with formulating a new proposal where possible
A neighbour cannot make an appeal in London against a decision made by the Planning Inspectorate; that option is only available to the applicant. A neighbour can conceivably make an application for judicial review.
The only party with leave to appeal a planning decision is the applicant, unless a judicial review is pursued through the Courts.
Interested parties can provide the Planning Officer with objections to planning applications in London, when made during the consultation stage in the method outlined by the Planning Officer. Whether or not the Planning Officer considers the objections valid, and therefore takes them into account depends on the context of the development and the objection.
There are mainly two ways to challenge a planning decision in London. One is for the applicant to make an appeal in writing to the Planning Inspectorate. The other is to bring a judicial review of the planning decision. A judicial review is available to any party that can demonstrate that they have an interest in a decision made by a public body.
Depending on the type of planning appeal in London, the amount of time it takes can vary from case to case. There is no set timescale for a planning appeal decision (the median and mean duration for appeal decisions is listed on the gov.uk website as a guide). However an application must be submitted to the Planning Inspectorate within a period of 6 months of the decision. Or when appealing non-determination, within 6 months of the date by which the local planning authority ought to have determined the application.
Planning appeals in London are known to be costly and time consuming. It is worth checking whether an appeal, or a fresh application is the best course of action.
Depending upon the reason for the refusal, it could be worth appealing the application, but this can take a long time and can be very costly. It is best that you consult with expert Planning Barristers as to whether appealing the refusal is likely to succeed, and whether a better step may be to make a fresh application taking into account the reason for the refusal.
A neighbour cannot make an appeal in London against a decision made by the Planning Inspectorate; that option is only available to the applicant. A neighbour can conceivably make an application for judicial review.
The only party with leave to appeal a planning decision is the applicant, unless a judicial review is pursued through the Courts.
Interested parties can provide the Planning Officer with objections to planning applications in London, when made during the consultation stage in the method outlined by the Planning Officer. Whether or not the Planning Officer considers the objections valid, and therefore takes them into account depends on the context of the development and the objection.
There are mainly two ways to challenge a planning decision in London. One is for the applicant to make an appeal in writing to the Planning Inspectorate. The other is to bring a judicial review of the planning decision. A judicial review is available to any party that can demonstrate that they have an interest in a decision made by a public body.
Depending on the type of planning appeal in London, the amount of time it takes can vary from case to case. There is no set timescale for a planning appeal decision (the median and mean duration for appeal decisions is listed on the gov.uk website as a guide). However an application must be submitted to the Planning Inspectorate within a period of 6 months of the decision. Or when appealing non-determination, within 6 months of the date by which the local planning authority ought to have determined the application.
Planning appeals in London are known to be costly and time consuming. It is worth checking whether an appeal, or a fresh application is the best course of action.
Depending upon the reason for the refusal, it could be worth appealing the application, but this can take a long time and can be very costly. It is best that you consult with expert Planning Barristers as to whether appealing the refusal is likely to succeed, and whether a better step may be to make a fresh application taking into account the reason for the refusal.
Our Planning Law barristers in London are capable of drafting tribunal and court papers and submissions and are available to advocate in all tribunals as well as in the Chancery and the Appellate courts.
Our Planning Law barristers in London are capable of working closely with clients and their advisers, often from an early stage, so that planning proposals can be drawn up in a way most likely to succeed at the first attempt. Where planning consent has been refused our London-based Planning Law barristers have an excellent record in reversing the refusal by way of a re-submission or on appeal.
A Planning Enforcement Notice is a formal notice issued by your local council requiring specific action be taken to remedy a breach of planning control. It is usually issued where development has taken place on land or property without the correct planning permission. However, this is not the only way that planning laws can be broken; as even if you do have planning permission for a certain structure but then build it contrary to the permitted plans, your local council will issue a Planning Enforcement Notice to rectify it. This is usually referred to as a ‘breach of condition’. If you change the use of a property without planning permission, this is deemed ‘unauthorised change of use’.
Contact by the Council
You can expect contact by the local council to be made before the Planning Enforcement Notice is issued, so it should not come as a surprise. An enforcement officer will usually visit the property or send a letter if you have been refused planning permission and ignored it. For example, they may have rejected a planning extension and you have gone ahead anyway. When writing, they may include a ‘Planning Contravention Notice’. This will ask you questions about the suspected breach of planning regulations such as the date of construction; and what it is being used for. If you don’t reply or don’t tell the truth, sanctions including fines and putting the property back in its original state, can follow.
Retrospective Planning Applications
Should the local council investigate, and the breach of planning be confirmed, it is advisable to apply for a retrospective planning application, particularly where a planning application has been refused. If this is approved, no further action will be taken. It is unlikely that they will suggest this if they do not consider that retrospective planning permission will be granted, however this is only determined on a case by case and council by council basis. Whilst your retrospective application is in place, enforcement action should be postponed.
Planning Enforcement Notice details
This Planning Enforcement Notice will ask that you take certain action such as alter or remove a building; reinstate a demolished building; or cease activity due to not having planning permission. Certain time limits apply to these enforcement notices. Construction/alterations of a building or change of use to a house have a 4-year window and all other breaches 10 years.
Appealing a Planning Enforcement Notice
If you wish to make a planning appeal, this must be done within 28 days. Grounds for appeal include, but are not limited to the following:
‣ Planning permission should be granted for the ‘breach’
‣ The breach did not occur
‣ The event occurred but it is not a breach
‣ The enforcement notice was served outside of the time limit
‣ The enforcement notice has not been served correctly
‣ The steps detailed to remedy the breach exceed those required by planning control
‣ The time allowed to comply is insufficient
‣ Failure to appeal will cause the enforcement notice to take effect. If you do not then comply with it, you will be committing a criminal offence.
Our Planning Law barristers in London are capable of drafting tribunal and court papers and submissions and are available to advocate in all tribunals as well as in the Chancery and the Appellate courts.
Our Planning Law barristers in London are capable of working closely with clients and their advisers, often from an early stage, so that planning proposals can be drawn up in a way most likely to succeed at the first attempt. Where planning consent has been refused our London-based Planning Law barristers have an excellent record in reversing the refusal by way of a re-submission or on appeal.
A Planning Enforcement Notice is a formal notice issued by your local council requiring specific action be taken to remedy a breach of planning control. It is usually issued where development has taken place on land or property without the correct planning permission. However, this is not the only way that planning laws can be broken; as even if you do have planning permission for a certain structure but then build it contrary to the permitted plans, your local council will issue a Planning Enforcement Notice to rectify it. This is usually referred to as a ‘breach of condition’. If you change the use of a property without planning permission, this is deemed ‘unauthorised change of use’.
Contact by the Council
You can expect contact by the local council to be made before the Planning Enforcement Notice is issued, so it should not come as a surprise. An enforcement officer will usually visit the property or send a letter if you have been refused planning permission and ignored it. For example, they may have rejected a planning extension and you have gone ahead anyway. When writing, they may include a ‘Planning Contravention Notice’. This will ask you questions about the suspected breach of planning regulations such as the date of construction; and what it is being used for. If you don’t reply or don’t tell the truth, sanctions including fines and putting the property back in its original state, can follow.
Retrospective Planning Applications
Should the local council investigate, and the breach of planning be confirmed, it is advisable to apply for a retrospective planning application, particularly where a planning application has been refused. If this is approved, no further action will be taken. It is unlikely that they will suggest this if they do not consider that retrospective planning permission will be granted, however this is only determined on a case by case and council by council basis. Whilst your retrospective application is in place, enforcement action should be postponed.
Planning Enforcement Notice details
This Planning Enforcement Notice will ask that you take certain action such as alter or remove a building; reinstate a demolished building; or cease activity due to not having planning permission. Certain time limits apply to these enforcement notices. Construction/alterations of a building or change of use to a house have a 4-year window and all other breaches 10 years.
Appealing a Planning Enforcement Notice
If you wish to make a planning appeal, this must be done within 28 days. Grounds for appeal include, but are not limited to the following:
‣ Planning permission should be granted for the ‘breach’
‣ The breach did not occur
‣ The event occurred but it is not a breach
‣ The enforcement notice was served outside of the time limit
‣ The enforcement notice has not been served correctly
‣ The steps detailed to remedy the breach exceed those required by planning control
‣ The time allowed to comply is insufficient
‣ Failure to appeal will cause the enforcement notice to take effect. If you do not then comply with it, you will be committing a criminal offence.
Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.
However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.
Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.
Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.
However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.
Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.
