There are national and local rules that have to be followed by property owners, if they want to carry out building work, or to change how a property is used. The Local Authority in the area where your property is owned, is responsible for enforcing the planning rules and dealing with any breaches of planning legislation.
Planning issues can arise relating to property owned by you or property owned by others. In either case, it is important that you obtain legal advice at an early stage, as some of the deadlines can be short and the issues can be complex.
Examples of the type of work that we can help you with are:
If you wish to object to a planning application which has been submitted by somebody else, we can help. It is important to consider the policy at national and local level and to draft your objection so that it will be given proper and critical consideration by the planning authority. We can also liaise with your local councillors and assist you with representation at planning committee meetings.
Local authorities can issue notices to property owners requiring them to take certain steps in relation to their property, or to cease a particular use of a property. In these circumstances, the enforcement notice can sometimes be challenged.
Certificates of Lawfulness
If you are faced with an Enforcement Notice, you can make an application to your Local Authority to obtain a Certificate of Lawfulness, if you have been using your property in a certain way for over 10 years or if the building works were done more than 4 years ago, you would well obtain a certificate of lawfulness.
Planning Appeals can be mounted when a planning authority has made a decision about your property which you do not disagree with. Expert evidence will typically be required to take advantage of the appeal process to its full, and we can assist you with the procedures involved.
It is also possible to challenge a Local Authority’s decision by way of judicial review. Judicial review proceedings must be started very quickly, within three months of the decision you wish to challenge. Under the procedure, you ask a Judge to look at the local authority’s decision again, to decide whether or not the decision was made reasonably. If not, the decision can be overturned.
If you have any planning issues relating to your property or a property in your neighbourhood, do not hesitate to contact us today.
Latest Planning News
Planning law can be complex and the time limits for appealing are very tight. Read our helpful guide to the main aspects of planning.07/10/2022
There are new rules which govern the size of extensions which can be built without having to apply for planning permission.27/09/2019
Samuels Solicitors LLP has helped a client defeat a prosecution by the local authority in relation to alleged non compliance with building regulations.22/07/2019
Have you ever wondered how land gets classed as a village green? Read on to find out and to see if you could register land today.23/04/2018
A recent case has highlighted the importance of meeting the strict deadlines for challenging the review of a planning application.31/03/2017
The High Court says sculptured gardens do not have to be changed back to agricultural land.01/12/2016