Bullet Proof planning applications

Introduction

Our knowledge and experience of what we call the "rolling application" means we can significantly improve your chances of success, as well as save you both money and time.

• Technically complete with no opportunity for procedural rejections
• Comprehensively supported through the sensible use of specialist expertise
• Achievable by being consistent with local and national policies

The diagram on the right shows the possible steps of the planning process. For a step by step guide to our approach to all aspects of the planning process, click on the highlighted links in the diagram.

Pre-Submission

Prior to submitting an application it is critical that you identify the scale and type of development that is achievable on a particular site.

• Review the planning history to determine current authorised use
• Conduct site visits
• Recommend relevant specialist expertise as well as potential suppliers eg. highways, pollution, landscaping
• Confirm that you have control of the land including checking boundaries
• Identify third parties whose consent will be needed and ensure correct completion of relevant Owner Notifications and Certificates
• Check environmental impact assessments against relevant statutory regulations
• Review the application document to ensure it is consistent, credible and capable of supporting an appeal

Post-Submission

After submitting an application it is vital that you monitor activity leading up to a decision. Your objective should be to avoid any surprises prior to the Planning Committee meeting, by understanding where opposition may be coming from and responding accordingly.

• Manage the process to make sure all parties have up to date documentation and plans
• Ensure neighbour notifications are distributed, monitor any objections and recommend appropriate action
• Negotiate Heads of Terms for Section 106 Agreements where Planning Officers are supportive

Negotiations and legal agreements

As part of the process of granting planning permission, Local Authorities will often seek a range of planning obligations from the developer as well as imposing conditions on the permission.

• Section 106 Agreements relating to specific planning requirements
• Section 278 Agreements relating to the alteration or construction of highways
• Section 38 Agreements relating to the adoption of highways
• Section 104 Agreements relating to the adoption of sewers and drains

• Checking the required conditions are both fair and reasonable
• Negotiating legal agreements on your behalf including commercial terms and land law

Appeals

Following the granting or refusal of planning permission Richard Max & Co can help you negotiate the complex appeal process.

• advice and recommendation regarding legal strategy
• advocacy at Inquiries and the Magistrates Court
• case management including instructing counsel and briefing expert witnesses

Public Inquiries including Advocacy

If you have an application refused and you feel there are grounds for an appeal to an independent inspector you have three options - you can request a Public Inquiry, an informal hearing or an appeal by way of written submissions.

If you opt for a Public Inquiry the size of your project will determine the scope of the team you employ.

For Inquiries into some development proposals, road closures, Enforcement Notices and Local Plans/UDP's, or where you want to object Richard Max & Co can provide an advocacy service.

• save you the expense of hiring separate counsel
• provide you with appropriate, experienced and responsive service
• deliver the required skills of a solicitor and a barrister from a single source

For larger Inquiries where you need to be represented by counsel who will act as your advocate, Richard Max & Co can provide a team management service that covers

• defining individual roles and responsibilities
• briefing and organising expert witnesses
• adhering to the Inquiry timetable including proofs of evidence
• instructing counsel

• your counsel to put forward a strategic and fully-informed argument
• your expert witnesses to deliver logical and timely support

Judicial Reviews and Statutory Challenges

Once a decision has been made either to grant or refuse planning permission, and all appeals have been exhausted, it is possible to challenge that decision only on the way it was made. A Judicial Review or Statutory Challenge is a matter of law and requires specialist legal planning expertise.

• review the decision in question and associated paper trail to identify if a case exists
• fully instruct counsel on your behalf
• manage the Court process and ensure you comply with relevant timing and technical requirements

Implementation

After permission has been granted developers should be aware that it will be capable of challenge for a period of up to three months from the date of issue.

• Assess the chances of a challenge being successful and thus the risk of starting any development
• Review permission conditions and advise on phasing, pre-development and pre-occupation conditions