Enforcement

We can advise on appeals against an enforcement notice on several grounds. Deadlines for appeals can however be short and timely legal advice is crucial. We can also review the validity of an enforcement notice, advise in relation to non-compliance with a notice, merits of appealing a notice, through to challenging the notice through Judicial Review.

Failure to comply with a breach of condition notice can lead to prosecution and direct action by the local authority. Our specialist planning lawyers can provide advice on the validity of the notice, the legal implications, and the best course of action to take. From negotiating with the local authority on your behalf, through to advising on the possibility of seeking a judicial review if there are grounds to believe that the notice was issued unlawfully or unreasonably, our lawyers will provide support every step of the way.

With our guidance, we can help you effectively navigate the complexities of a Stop Notice, minimise potential penalties, and develop a strategy to resolve the issue in compliance with planning regulations.

We deal with unauthorised advertisements and help you navigate the display of advertisements landscape.

Providing advice on all aspects of the Community Infrastructure Levy (“CIL”) Regulations, including exemptions, reliefs, and reductions to liability, as well as in relation to specific types of development. Guidance is also offered on Stop Notices and Enforcement.

There are strict rules and timelines associated with CIL, and failure to comply with these can result in significant consequences.

We can assist in structuring your development proposal to maximise the potential use of exemptions and reliefs, including advising on amendments to existing planning permissions.

Additionally, we have extensive experience in advising on CIL enforcement matters, CIL appeals, and judicial reviews.

Assisting with defending planning injunction proceedings.

We specialise in advising on whether planning obligations satisfy the statutory CIL 122 tests. Our expertise also extends to Section 106 Agreements and Infrastructure agreements, including negotiating planning obligations, providing tailored and strategic advice, drafting planning agreements, and offering guidance on Community Infrastructure Requirements.

When negotiating Section 106 agreements, it is crucial to ensure that planning obligations meet the legal requirements of being necessary, directly related to the development, and reasonably related in scale and kind to the development, in order to minimise the risk of the decision being challenged.