Town and Country Planning -

* There are many restrictions on an owner's freedom to do as he pleases with his land. One of the most important is the requirement for planning permission for development. Additional controls apply where a Listed Building is involved or the property is in a Conservation Area.

* "Development" includes both the carrying out of building or engineering etc operations, and the making of a material change in the use of land. Some developments have the benefit of "permitted development rights", for example, certain extensions to houses or factories, or the erection of boundary fences not exceeding a specified height. In these cases it is not necessary to make an application for permission unless the Planning Authority has expressly taken away the right in a particular case.

* Not every change of use is "material" in planning terms. A change such as the use of part of a house for commercial or industrial operations could well be material. On the other hand, certain changes of use within a particular "use class" are deemed not to constitute development; say from one kind of retail use to another, and planning permission is not normally required.

* We would be pleased to give our opinion as to whether planning permission is required for any proposed development, and check that there are not likely to be any planning problems with your intended use. If necessary we will apply for a Certificate of Lawfulness of an existing or proposed development.

* We can advise on the regulatory requirements relating to applications, including the requirement for an environmental statement to be submitted for certain (mostly major) projects. We will be happy to submit a planning application for you, and negotiate any Section 106 planning obligation that is required as a precondition of the grant of permission.

* We will be happy to discuss the merits of lodging an appeal to the Secretary of State against a refusal of planning permission or the imposition of onerous conditions, and prepare the case for a public inquiry, or written representations if the parties agree to this procedure.

* Local planning authorities are required to draw up development plans containing policies and proposals for the development of their areas. These include structure plans, district plans and unitary development plans, depending on the area and the status of the authority. If you think that you may be affected by proposals in a plan which is subject to public consultation or a public inquiry, we will be happy to advise and make any necessary representations on your behalf.

* You may be concerned about a development proposed in your neighbourhood. The local planning authority has a duty to publicise applications in various ways, depending on the proposal, and to consider objections. We can advise on the most effective ways of opposing the development, and submit representations on your behalf.

* If the planning authority takes enforcement action for an alleged breach of planning control, we can advise on the appropriate grounds of appeal, and prepare an appeal for you.

* In rare cases the authority may seek to take away rights under an existing planning permission by making a revocation order, or may make a discontinuance order requiring existing buildings to be removed or a use of land brought to an end where enforcement action is no longer possible. We can help you to challenge the order, or if the order is confirmed, to make a compensation claim.

* Planning covers many other matters. We can advise, for example, in connection with tree preservation orders, or waste land notices, and on the regulations relating to advertisements or other signs.

* Although planning permission may have been granted for development, this may be precluded by a covenant restricting the use of land. Often such covenants were imposed many years ago in different social and economic circumstances and are no longer relevant. The Lands Tribunal has power to discharge or modify restrictive covenants on certain grounds under the Law of Property Act 1925. We can advise and process an application.

Highways and Streets, Drainage -

* A "highway" has a distinct meaning in English law. It is a way over which the public have the right to pass and repass as of right, with or without vehicles or horses, depending on the status of the highway. We will be happy to investigate the status of a road or other way in which you are interested.

* Just because a route is a highway does not mean that it must be maintained at public expense. This will depend on whether the highway authority is liable historically or if it has adopted the highway. We can investigate and advise.

* Similarly we can advise on maintenance liabilities in respect of drainage. In our experience questions may particularly arise in the case of drains lying in private roads or land adjoining the main route of a public sewer.

* We can prepare and negotiate Section 38 Highways Act agreements for the adoption of streets as highways maintainable at public expense and a Section 278 Highways Act agreement where works within an existing public highway are necessary. We will discuss possible alternatives if the authority is unwilling to enter into an agreement.

* Similarly we will be happy to prepare a Section 104 Water Industry Act agreement for the adoption of an existing or proposed drainage system. Where there is no direct connection to the public sewer it is possible to serve a sewer requisition on the sewerage undertaker to require a connection to be made for domestic sewerage. We can advise on the procedure and financial conditions involved.

* We will also advise on the submission of a connection notice on the water undertaker where there is no direct connection to mains water.

* It is necessary to obtain a street works consent to lay apparatus in a highway. We can advise and submit an application if required.

* If you are affected by a proposed traffic regulation order we can advise on your rights and submit an objection on your behalf.

* The legal maxim "once a highway always a highway" means that a highway cannot lose its status through disuse, even over many years. An order is required in order to stop up or divert a highway but application can only be made on specific grounds; for example, to enable development to take place. We will be pleased to advise and promote an order under the Planning or Highways Acts as appropriate.

Environmental Law -

* This area of law has assumed great importance over the last decade, with the increasing awareness of the effects that industry can have on the environment. Part I of the Environmental Protection Act 1990 introduced a system of integrated pollution control for processes which give rise to polluting emissions to air, land or water, and local authority air pollution control in respect of emissions to the atmosphere. These controls are being replaced by a new pollution prevention and control regime. We will be pleased to advise on the requirements under either regime.

* Part II of the same Act regulates waste and imposes a duty of care on persons who produce, carry or treat waste. A waste management licence is required in respect of the disposal and treatment of controlled waste and further controls apply in respect of special waste. This is a complex area where legal advice will often be necessary.

* We can advise on the regulatory requirements on these and other matters, for example in relation to the storage of hazardous substances.

* Under the new contaminated land regime in Part IIA of the Environmental Protection Act, local authorities in England have a duty to identify and take steps in relation to contaminated land. Owners of such land and others may face heavy costs if they are served with a remediation notice by the local authority or the Environment Agency and should obtain advice on their position as soon as they are notified of a proposal to serve a notice.

* Local authorities have power to take action to abate a statutory nuisance, for example, in respect of premises which are alleged to be in a state which is prejudicial to health or detrimental in other ways, or where there is an accumulation of rubbish, or a smell or noise nuisance. If you are served with an abatement notice we can advise on your rights and obligations.

* Conversely we will help if you are concerned about the existence of a statutory nuisance. If the local authority declines to act you have the right to seek an order in the Magistrates Court.

Compulsory Purchase and Transport and Works Act Orders -

* Local authorities have a range of powers of compulsory purchase which they may be prepared to use to help developers overcome land assembly difficulties or title problems. We can advise, and in appropriate cases process a compulsory purchase order ("CPO") in pursuance of a development agreement with the authority.

* We will also be pleased to act for owners who have been served with notice of a CPO to acquire their land or rights over it.

* Until quite recently it was necessary to promote a private Bill in Parliament in order to provide railways or other transport systems, or inland waterway schemes, which involved interference with the rights of others or the compulsory acquisition of land. The Transport and Works Act 1992 introduced an alternative procedure for promoting orders for such projects under which objections can be considered at a Public Inquiry. If you are affected by a proposed order we can advise on objections and prepare the case for Inquiry.

* You may have no objection to such a scheme in principle but may be concerned about the impacts on land which you will retain; we can negotiate appropriate protective provisions for inclusion in the Transport and Works Act Order.

* Major public projects such as town centre redevelopments and new road schemes, which carry the threat of compulsory purchase create uncertainty which can go on for years, and make properties difficult to sell and be very damaging to businesses. We can advise on the possibility of serving a Blight Notice which will compel the authority to purchase your property as if a CPO had been implemented.

* Statutory compensation rules apply where land is acquired in pursuance of a CPO or Transport and Works Act Order. Complex planning assumptions may be applicable which can enhance market value. Whilst the actual valuation is the job of a surveyor it will often be necessary to have legal advice on these rules to ensure that you do not receive less than your proper entitlement.

* You may also be entitled to compensation if you are adversely affected by the carrying out of public works, or their subsequent use, even though your land is not required for the scheme. We will be happy to advise whether you have an eligible claim.

* If compensation cannot be agreed the Lands Tribunal can be asked to determine the question. We can prepare the application and advise on the case for the Tribunal.

Legal Challenge -

* Public bodies such as local authorities and Government departments are not free to act arbitrarily in deciding applications or appeals or determining other matters. If they do, an aggrieved citizen may be able to challenge the decision in the Courts on a point of law. However this does not provide an opportunity to revisit the merits of the decision as such. The Court will only intervene if the body has acted unlawfully.

* Some statutes provide an automatic right of appeal on a point of law. This is sometimes referred to as statutory review. For example, there is a statutory right of appeal against a decision of the Secretary of State following a planning or compulsory purchase inquiry.

* In the absence of a statutory right, application may be made to the Court for judicial review of the decision. In this case the Court has to grant permission before the application can proceed to a full hearing; this is to enable the Court to be satisfied that there is genuine point of law to argue.

* You will need to act promptly. We will be pleased to advise on the time limits and grounds of an appeal or application for judicial review, and the powers available to the Court if the decision has been unlawfully made.