Planning Law and Planning

Attwells Solicitors work closely with planning law experts and consultants to support property developers with planning law and planning services.

By offering both legal and planning services in one package we can combine our expertise to achieve the best possible outcome for property developers.

Below is a list of the planning services we offer. To request a call back please click the green button featured throughout this page.

Development Site Appraisals

Are you trying to determine the potential for development on your site?

Our planning specialists at Attwells will conduct desktop appraisals and site visits, reviewing the relevant planning policies for your site/area and offering expert planning advice on the options available to you.

Therefore, no matter how ambitious your upcoming project is, we can offer the planning expertise to provide you with realistic and practical advice.

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Planning Application

If you need to submit a planning application, are seeking planning permission or looking to remove or vary a planning condition then Attwells can support you. We provide advice with a personal touch, tailoring our approach to suit individual clients, offering support and reassurance throughout the planning process.

We can help with:

  • Preparing a planning application
  • Liaising with officers
  • Producing design and access statements
  • Producing supporting statements to accompany applications

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Planning Appeals

If the Council has refused to grant you planning permission, our planning specialists at Attwells Solicitors can help. We can assist you by preparing an effective planning appeal to the Secretary of State (the Planning Inspectorate).

Attwells can also help if you’re objecting to a proposal that is being considered at the appeal stage. In addition, we can offer you proactive and thorough guidance and representation.

There are various routes available in respect of an appeal. We will use our personalised service to help you decide which route to take. If we ascertain that your appeal has a limited chance of success. We can revise your planning application to boost the likelihood of a favourable result on re-submission.

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Planning Obligations

Planning obligations also known as Section 106 Agreements or Planning Gains are deeds made between local authorities and developers. They are usually created for projects that may impact the local area and infrastructure.

If your development is likely to require additional public services such as new public roads or will impact on the look or feel of the local area, then you will need a Section 106 Agreement to be drafted. 

This is because a planning obligation is a legal obligation under Section 106 of the Town and Country Planning Act 1990, which is designed to mitigate the impact a building development may have. 

As a result, you will have to negotiate with the local planning authority a compromise that will minimise or offsets the impact.

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Planning Enforcement

As a property developer you may be subject to a planning enforcement complaint or pending prosecution. This normally occurs because you are suspected of non-compliance of building or development details as outlined in your planning permission or of obtaining planning permission at all. 

If you are suspected of a breach of planning, it is vital to secure reliable and skilled legal advice to remedy the situation.

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Planning Prosecutions

If you’re facing a planning prosecution, it’s crucial to secure the most efficient legal advice possible. With over 20 years’ experience in planning law and consultancy, Attwells can deliver a proactive, personal service to negotiate the best terms for our clients.

We make sure to constantly reassure our clients throughout the entire process, maintaining regular contact and updating clients on case progression. With expertise in both legal and planning matters, Attwells can provide a uniquely comprehensive approach to all cases and services.

Therefore, if you’re having difficulties in persuading the council to prosecute a person who is committing a criminal offence, or if you need to defend prosecution proceedings brought against you, our legal team can help you.

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High Court Challenges - Judicial Reviews, S288, S289

Only the High Court can challenge the Council’s decision to grant planning permission or the decision of the Planning Inspectorate to grant or refuse permission following planning and enforcement appeals.

These challenges come in the form of a judicial review application, or a statutory challenge (s288or s289). If you wish to consider filing a High Court appeal, make sure you have solid legal backing from specialist planning solicitors.

Attwells Solicitors can assess you with the legality of any decision to grant or refuse planning permission.

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Council Complaints

Do you feel that the Council has failed to take reasonable action on your planning or enforcement matter?

Attwells can offer proactive advice for approaching the Council to allege maladministration. If a Council complaint is successful, it may result in certain action being taken, including the possibility of an award of compensation. 

We can help you make a Council complaint, and/or advise on and prepare a formal maladministration complaint to the Local Government Ombudsman. We have the skills to cover both the legal and planning aspects of any case.

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Listed Buildings and Conservation Areas

Listed buildings and conservation areas have been granted special protection and therefore careful consideration and dependable legal advice are needed when seeking permission to carry out works on these sites.

Attwells can provide expert knowledge and guidance to help you get the best results in your planning endeavour. We work by offering skilled advice and by acting as a buffer between clients and authorities, encouraging constructive conversation in order to achieve your desired outcome.

We can assist you with:

  • Seeking consent to carry out works to listed buildings/sites within conservation areas
  • Making formal applications or objecting to applications
  • Preparing and submitting appeals

If your application for planning permission and/or listed building consent has been rejected, we can offer efficient and proactive representation in cases that need to be challenged.

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Boundary Disputes and Trespass

Sometimes disputes arise with neighbours over the correct position of a boundary, or allegations of trespass, this can be particularly frustrating if it’s holding up your development.  

Attwells can assist you with the resolution of such conflict; if possible, without the need for court action. We would sometimes advise you to instruct one of our recommended surveyors with whom we regularly work, in order to assist with the determination of a boundary. Determining a boundary can very often assist in removing unwanted trespass.

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Footpath and Other Highways

For well-informed advice concerning the designation and use of highways, plus footpaths look no further than Attwells Solicitors. We offer advice on: highway law, footpaths, grass verges and pavements.

With 20 years’ experience in both planning and property matters, we have the extensive background needed to offer carefully considered guidance and representation. We also act as a buffer in disputes’, ensuring that all parties can engage in a rational conversation to reach a solution.

Beginning with an initial phone call, our specialists will assess your case to determine the best course of action tailored to suit your individual needs. Whatever your query, our legal professionals take a confident and well-structured approach to secure positive outcomes.

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Planning and Enforcement Training Course

Attwells provides first class training courses for local authority officers. Our team, consisting of planning lawyers and planning consultants, offer these courses to pass on our extensive knowledge and experience to others in the planning and enforcement fields. Our trainers have had many years of experience working within local authorities and understand the issues and pressures facing officers.

The training is provided at venues in London where the number of attendees is limited (usually to 14) and is provided in a professional, yet friendly and relaxed manner. We find these smaller groups offer the opportunity for participants to discuss their own examples and ask questions, ensuring the courses are very practical and useable in their day to day work.

Who is our training for?

Officers who can benefit from our thorough training courses include planning and enforcement officers; listed building and conservation area officers; and legal officers; (we also provide training to conveyancers, property lawyers, architects and surveyors).

What does the training cover?

We run a series of highly popular courses, all of which have been designed to provide our attendees with the knowledge and understanding needed to address commonly encountered planning and enforcement issues. Details and dates for our courses can be found via the links below:

To see dates for our upcoming courses please refer to our course schedule.

Cost

 

First officer

Additional officer(s)*

1 day

£275 +VAT

£255 +VAT

2 days

£465 +VAT

£395 +VAT

*from same authority attending same course

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Local Authority Services

Our team also has many years of experience working in local government and so are well placed to provide you with the advice and assistance you may need whilst also having a good understanding of the pressures and workings of local government. Keeping our client authorities informed and reassured throughout the process is of paramount importance to us, and we always endeavour to adopt a personal, friendly approach.

Our legal team and planning and enforcement team and would be pleased to assist you with:

  • Planning applications (from single applications to entire caseloads)
  • Planning appeals (householder, written reps, hearings, inquiries)
  • CLD applications and appeals
  • All aspects of planning enforcement work including drafting and serving Notices, appeals and prosecutions
  • Advertisements including structure and poster removal, appeals and prosecutions
  • Investigating criminal offences, including conducting PACE interviews under caution
  • High Court challenges (Judicial Reviews, s288 and s289)
  • Listed buildings, protected trees and high hedges including appeals and prosecutions
  • Assisting with complaints/maladministration cases

We charge competitive rates and you pay only for the time spent on your matter by the fee earner, which is always productive and concentrated. 

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