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Planning Law

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

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

Planning Obligations - S106

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 offset the impact.

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Planning Enforcement

As a property developer, owner or occupier you may be subject to a planning enforcement complaint or you may have been served with a planning enforcement notice. This normally occurs because you are suspected of breaching planning control.

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

Please also seek legal advice if you suspect a neighbour of breaching planning control and it is affecting your amenity.

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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 achieve the best possible outcomes 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 planning law matters, Attwells can provide a uniquely comprehensive approach to all cases.

Therefore, if you need to defend prosecution proceedings brought against you by the Council, 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 (s288 or s289). If you wish to consider filing a High Court challenge, make sure you have solid legal backing from specialist planning law solicitors. 

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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.

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