We provide a dedicated service in the areas of public, planning and property law described below. The following will give an idea of the subject matter involved and examples of the ways in which we can help you. The issues covered here should not be regarded as exclusive.

For an explanation or more information on any of the terms used, please click any of the highlighted words which will take you to the relevant part of our glossary page.

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 until recently comprised structure plans, local plans and unitary development plans, depending on the area and the status of the authority. Under changes made by the Planning and Compulsory Purchase Act 2004, local planning authorities now have to draw up a local development framework, which must amongst other things include development plan documents: these, together with the regional spatial strategy for the region, will now comprise the development plan for the area. Everything comprised in an authority’s local development framework, including supplementary planning documents, must be listed in a document called a local development scheme. The authority must also publish a statement of community involvement.
• These plans and documents matter to you! They affect the development of your area, and the way any planning application you make, or any objections you may have to a proposed development will be determined. If you think that you may be affected by proposals in a plan that is subject to public consultation or a public inquiry, it is important to make your opinions known. 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 respect of both foul water (sewage) and surface water. 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.
• Flooding is a particular problem in some areas, and if you have been a victim we will be pleased to advise on your rights, or to make “due diligence” enquiries if you are thinking of carrying out development on land that might be subject to flooding.
• 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 licence 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 two decades, with the increasing awareness of the effects that industry and other polluting sources can have on the environment. 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 have been 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 Environmental Protection Act regulates waste and imposes a duty of care on persons who produce, carry or treat waste. An environmental permit is required in respect of the disposal and treatment of 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 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.

Public Health and Regulation

• In addition to planning and environmental legislation, there are numerous other regulatory controls that affect all aspects of life and business. We give examples below, and also mention the new regulatory system that has been brought in, in relation to alcohol and public entertainments licensing. We will be happy to assist in the making of applications or appeals against decisions of the relevant authorities and to act in prosecutions for alleged offences.
• The Food Safety Act 1990 makes it an offence to sell or offer food for human consumption which is unfit or injurious to health, and provides for regulations to be made covering food hygiene and consumer protection. There are heavy penalties and even the prospect of closure if a business fails to observe the requirements.
• The Water Industry Act 1991 makes it an offence to discharge certain matter into the public sewerage system without a consent from the sewerage undertaker. We can advise on the requirements and represent clients who are charged with breaching the conditions of consent.
• The Licensing Act 2003 replaced the former system of applying for Justices liquor licences for pubs, clubs and restaurants. These have been replaced by premises licences, personal licences and club premises certificates. Each premises licence must identify a designated premises supervisor who will have day to day control of the premises. Where the holder of a premises licence dies or becomes bankrupt or otherwise incapable an interim authority notice may be served on the licensing authority, which will allow continued operation for a temporary period of up to 2 months. Alternatively it may be possible to have the licence transferred to another person.
• A licence or certificate is also required under the Licensing Act for public dancing, music or like entertainments and some sporting events, unless the premises are exempt. Applications are made to the local authority for the area.
• Subject to exceptions, it is an offence to carry on gaming at premises without being licensed or registered under the Gambling Act 2005. Permits are required for casinos, amusement arcades, and some lotteries. Permits are also needed for individual gaming machines in pubs and clubs etc bingo. Applications will be to the Gambling Commission or the local authority, depending on the nature of the application and the type of premises.

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.

Property and Building Disputes

• For many owners “our home is our castle” and is jealously guarded accordingly. This firm has dealt with numerous disputes over land and property. These are some.
• We can advise on where the boundary line lies: the line on the ground is not necessarily that shown in the deeds. If necessary, the Land Registry can be asked to adjudicate. If there has been an encroachment without lawful authority, there may be grounds to institute proceedings to eject the trespasser.
• Sometimes it will be found that a person has been in possession of land for many years although the legal title to the land belongs to another. He may then be able to claim adverse possession of the land and to register title with the Land Registry if he can satisfy certain legal requirements. The Land Registration Act 2002 has made changes to the application procedure. In the case of registered land applications can now be made after 10 years’ occupation.
• The Party Wall etc Act 1996 contains a requirement for a line of junction notice to be served where an owner proposes to build on a boundary line between properties. The requirements are different where there is a party wall or a party fence wall on the boundary which will be affected by the work, and in this case the owner must serve a party structure notice. An owner may also need to serve a notice under Section 6 of the Act if he proposes to excavate for foundations near to a building or structure of an adjoining owner, depending on the distance and depth of the excavation.
• A neighbour who receives a notice under the Party Wall etc Act will have a short period of time to consent otherwise, a dispute will be deemed to have arisen, and a Surveyor will have to be appointed. It is often advisable not to consent to a notice in order to get the benefit of an award issued in accordance with the disputes procedure. We can advise on appointments and on the legal requirements of the Act.
• Many deeds relating to land contain restrictive covenants which can impede the development of land. We can advise on the effect of a covenant in any case, and the grounds for applying to the Lands Tribunal to get the covenant discharged or modified if the beneficiary of the covenant will not release it.
• Disputes can arise in regard to rights over land, as well as ownership. These rights, known as easements, can range from rights to drive or walk over someone else’s land, or for gutters or pipes to overhang that land, or to have light come to a window overlooking the land, or for support from adjoining land or buildings, and so on. Often the right is contained in the deeds to the property, but if not, and it has been exercised for a sufficient period it may be possible to claim that an easement has arisen by prescription.
• The Courts strongly encourage the use of alternative forms of dispute resolution such as mediation to enable parties to resolve disputes over land and property, and will even go so far as to refuse an award of costs to a successful litigation who has unreasonably refused to mediate.

Challenges to Public Bodies and Professional Advisers

• 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 some cases the Court’s permission is needed before the appeal can proceed.
• In the absence of a statutory right, application may be made to the Court for judicial review of the decision. 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 an arguable case.
• 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.
• Where you have received poor service from officials of a public body, you may have grounds to complain to the Ombudsman. We will be happy to advise on making a complaint and the Ombudsman’s powers to investigate and award compensation.
• Sometimes, of course, a decision may have gone against you because your professional adviser, be it a solicitor, a surveyor, or a planning or engineering consultant, did not give good advice or missed a crucial deadline. We can advise whether you have a case to claim damages for professional negligence.

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