Planning

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 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:

 

Planning Objections

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.

 

Enforcement Notices

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

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.

 

Judicial Review

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.

 

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