Planning & Environmental Law Solicitors in Reading, Henley-on-Thames & Wokingham

There is often a perception of overlap between planning consultants and planning lawyers but if you have the right professionals advising that should not be the case. Read our blog article to find out more.

Costs will vary depending on the complexity of the work and what the matter is at hand. Our team benefits from Planning Law specialists with different levels of experience and areas of expertise. This means we can offer clients the expertise required at the most cost-effective price.

Alongside solicitors’ costs, there may also be other costs associated with your matter, such as barrister’s fees or disbursements, which we will always discuss with you as part of your case.

The way we provide advice is tailored to your circumstances and the matter at hand. We can offer advice and assistance via written letters, email exchange or meetings (remote or in person), depending on the type of advice being sought.

We aim to respond to enquiries the same or next day where possible (subject to weekends, holidays and bank holidays).

Section 106 agreements (s106) in planning are legal agreements which are made either between a developer and a Local Planning Authority (LPA), or are an undertaking which is offered by the developer to the LPA. Planning Obligations are used where it is not possible to address unacceptable impacts of a development with a condition attached to the planning permission. Typically they are used to ensure that certain works are carried out, payments are made or affordable housing provided, when development is undertaken. S106 agreements can cover a range of different provisions and are useful to allow permission to be granted by mitigating any negative effects of development.

If you have been advised to submit a s106 agreement with a planning application and would like help with drawing up a suitable agreement, please contact our team.

Biodiversity Net Gain (BNG) is a newly adopted approach to development which ensures that wildlife habitats are left in a better condition than they were in before development commenced. Biodiversity value is calculated using a special metric and is measured in biodiversity units, which take into account factors such as the location, quality, size and type of habitat in question.

In England, it is mandatory for all developers to demonstrate that their project delivers a minimum 10% net gain in biodiversity. This can be achieved through a combination of on-site or off-site activities or via the purchase of biodiversity credits A legal agreement or conservation covenant is required to secure the BNG and demonstrate its provision. Some types of developments are exempt from BNG requirements.

For more information on how we may be able to help, please contact our team.

A Community Infrastructure Levy (CIL) is a charge which can be imposed by Local Authorities by issue of the requisite CIL liability notice on new development, in areas where a charging schedule setting out the levy rates has been consulted on and approved by the Local Authority and published on its website. Development which creates a new dwelling or an additional new floor space of 100 square metres and over is potentially liable to CIL, however there are reliefs and exemptions which may apply.

It is important to note that CIL notices have very strict deadlines for appeal. The regime is highly complex, but for example, appeals against a surcharge (Regulation 117) must be made within 28 days of the surcharge. Similarly, appeals against a decision that development has commenced (Regulation 118) must be made within 28 days of the date of issue of the CIL notice. Should you wish to appeal against a CIL stop notice, you must appeal within 60 days of the date at which the notice takes effect.

If you have been served a CIL notice and would like advice and assistance on how or whether to appeal or believe you may be eligible for a relief or exemption, please contact our team.

Planning permission is required for any new “Development” (as defined in the Town & Country Planning Act 1990), subject to exemptions, and an application for planning permission for development should be made to the Local Planning Authority (LPA) before any work has commenced.

Where there has been an omission in making the necessary application for permission for development, retrospective planning permission may be applied for and the LPA can grant permission for an acceptable development after it has taken place.

Not all work will constitute development and some works are granted permission under the General Permitted Development Order, so if you would like assistance in understanding if you need planning permission, or are unsure if you need to apply for retrospective planning permission, please contact our team.

An Enforcement Notice is a legal regulatory notice which is served on the landowner, occupier of any land to which it relates and any other person with an interest in the land to advise the recipient of the notice that, in the opinion of the LPA, their development has breached planning control. This type of notice may be used where development has been carried out without seeking planning permission and the development is not considered to be development that would merit the grant of a retrospective permission. The notice must state the matters which appear to the LPA to constitute the breach of planning control, and the steps that must be taken to remedy the breach. The notice will also set out any time periods for compliance and information on how to make an appeal.

It is important to comply with any Enforcement Notice received unless an appeal can be made within the specified timescales, as failure to comply constitutes a criminal offence for which there are a range of consequences. Appealing an Enforcement Notice acts to suspend operation of the Notice but timeframes for appeal are very strict and early advice should be taken following the service of any Notice.

If you have been served an Enforcement Notice and would like assistance and advice on how to respond, please contact our team.

A Tree Preservation Order (TPO) is an order which is made by the Local Planning Authority (LPA) to protect certain trees or woodlands. An order prevents the topping, lopping, cutting down (roots included), uprooting and wilful damage or destruction of the identified trees without first gaining written consent from the LPA. It is important to note that consent to tree works can be subject to conditions, which must be followed.

If you have been served a TPO and are unsure how to respond or would like further advice, please contact our team.