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Planning

As the planning system continues to evolve, it is important to obtain specialist legal advice on how the current legislation, national and local planning policies and material considerations impact your development proposals. Our experienced lawyers can advise and represent you on all aspects of contentious and non-contentious planning issues in England and Wales.

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Comprehensive planning support

Whether you are a property developer, landowner, or investor we work closely with you to understand your needs, providing a commercially-focused, pragmatic approach.

We have experience representing clients in complex appeals, statutory challenges and judicial review claims in the High Court as well as in transactional planning to secure a development opportunity; covering both urban and rural schemes. We are experienced in the negotiation of infrastructure, water and highway agreements, including advice on stopping up and diversionary works, advising on Community Infrastructure Levy and in the interpretation of local and national policies. We can also advise on all aspects of the compulsory purchase and compensation code and deal with a range of Environmental Impact Assessment (EIA) developments, including intensive agriculture and livestock operations, energy from waste schemes and renewable energy projects.

With a transparent fee structure and practical approach, we build long-term relationships focused on meeting your objectives. In order to ensure you have the full support you need, we also draw on our external network, working collaboratively with specialist planning consultants, land agents and architects to guide you through your planning issue from start to finish.

Highlights

Our Planning Team has been involved in a number of high-profile cases in this area. Highlights include:

  • advising an international retailer taking a lease of The Shard
  • settling a section 106 agreement in relation to a mixed-use development of 230 residential units and up to 465 square metres of retail/leisure space in West Wales
  • providing due diligence for a portfolio of London properties to a client acquiring an interest through a joint venture valued at £30m
  • advising a developer on planning matters arising from a completed seven-storey, mixed-use development in London valued in excess of £10m in order to avoid enforcement action
  • successful judicial review of a Certificate of Lawfulness for a business park in Wiltshire and costs award (R (on the application of Freedman) v Wiltshire Council [2014] EWHC 211 (Admin))
  • successful statutory review of an Inspector’s appeal decision in the High Court with costs award and subsequent grant of a Certificate of Lawfulness on the redetermination of the appeal
  • settling a bespoke section 106 agreement to enable the grant of planning permission for a quarry extension in excess of 3m tonne

Expertise

  • advising on Planning Contravention Notices, Breach of Condition Notices and Stop Notices
  • advocacy – Public Inquiries, Hearings, Magistrates’ Court
  • appeals against enforcement notices
  • appeals against the refusal/non-determination of planning applications
  • assets of community value, Local Green Space Designations and Town and Village Greens
  • certificates of lawfulness applications
  • community Infrastructure Levy
  • compulsory purchase
  • defending planning prosecutions
  • EIA development
  • High Court challenges – statutory review and judicial review
  • listed buildings consent, heritage assets and conservation areas
  • permitted development rights and prior approval regime
  • planning and environment due diligence in property transactions
  • planning objections
  • Section 106 agreements and infrastructure agreements
  • waste and renewable energy, including wind, hydroelectricity and AD

Alex Madden attracts praise from both peers and clients for his planning work. An impressed interviewee says: ‘He is a real master of his trade in planning law. He is definitely prepared to go the extra mile for clients.

Chambers and Partners 2016

Latest

News 12 April 2017

New precedent for works in conservation areas

A "small but important" point has been determined by the High Court, changing the face of planning control for alterations and demolitions of walls and gates in conservation areas.

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News 31 January 2017

Oblige before you break

Even the most honest of leaseholders may be reluctant to query the terms of their lease in case it looks like they might not adhere to them, but careful...

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News 16 December 2016

Broken break clauses

From last-minute demands to not being refunded rent, break clauses in property rental contracts can lead to unexpected situations for tenants (and landlords) if not carefully considered. In the...

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News 16 November 2016