Individuals/ residents’ groups/ heritage bodies regularly instruct Harrison Grant to assist them in the legal issues that arise on planning matters.
There may be a planning application for a development which could harm your local environment and/or is controversial, for example: fracking; housing on a green field site; or a tall building which will adversely affect a listed building/conservation area/scheduled ancient monument; or a development that will interfere with amenity of neighbours; or adversely affect a business use; or involve the demolition of buildings of merit; or development in a world heritage site or its buffer zone; or a wind turbine/solar farm in an inappropriate area; or a waste incinerator; or will have impacts on wildlife and natural habitats such as road building; or felling of trees; or erection of pylons in a much loved landscape.
Harrison Grant specialise in claimant planning work and can assist on how best to make objections and obtain a refusal of planning permission by the planning officer under delegated authority; or the planning committee if the matter is to be dealt with by them; and how to deal with the planning application process in general, including environmental impact assessment and consultation procedures.
It may be appropriate to ask the Secretary of State to call in the planning application for his or her own determination and we can help with this process.
Harrison Grant will advise on the appeal procedure should the developer appeal to the Secretary of State in the event that planning permission is refused; including the advantages and disadvantages of the appeal procedure of written representations, hearing and inquiry, including how to register as a Rule 6 party and to ask the Secretary of State to recover the appeal for his or her own determination.
Harrison Grant can assist with representation at the hearing or inquiry or the preparation of written representations and the instruction of experts.
If a developer proceeds with unlawful development, Harrison Grant can advise on enforcement proceedings.
If planning permission is granted, we can provide advice on the developer’s application to discharge conditions attached to the planning permission.
Importantly, a grant of planning permission can be challenged by objectors by issuing judicial review proceedings in the case of a planning permission granted by a local planning authority; or a statutory review where planning permission has been granted by the Secretary of State or his/her inspector – see the pages on judicial review/statutory review including for the strict time limits for commencing these proceedings.
We are currently representing a company whose business will be affected by a planning application where there was failure to consult the company about an amended planning application and failure to provide relevant correspondence so that they were unable to put in proper objections.
We have just finished acting for a group of residents who successfully objected to a wind turbine in the South Hams Area of Outstanding Beauty. The group became Rule 6 parties at the inquiry following the recovery by the Secretary of State of the appeal for non determination and the Secretary of State accepted the Inspector’s recommendation that planning permission should be refused.
We are acting for a group of residents in Cornwall who are objecting to a planning application for a large scale housing development near St Austell.
We have recently advised SAVE Britain’s Heritage on attempts to prevent the demolition of heritage assets in the buffer zone of Liverpool’s world heritage site; and in relation to demolition of the Cosalt Buildings by Associated British Ports close to the conservation area known as ‘The Kasbah’ in Grimsby Docks.
We are advising SAVE Britain’s Heritage on a call in request on the controversial ‘Paddington Cube’.
We have provided planning advice to the Skyline Campaign concerned about tall buildings in London.
We are advising the owner of a well-known London Pub and Music Venue in a planning inquiry in relation to their objections to residential development next to the Pub that is likely to result in complaints about noise from the Pub and a termination of their music licence.
We succeeded in obtaining an acceptable offer of alternative housing for a client whose home was under threat of demolition as a result of planning redevelopment by a local authority.