Planning & Development Advice 
Planning and Development Advice |
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Michael Parkes Surveyors provide a comprehensive service to developers involved with either residential or commercial developments, for both smaller schemes and much larger and complex developments. We can assist whether the development if for “new build” or a “change of use”.
PLANNING APPLICATIONS
From the germ of a proposal through to: the submission of a planning application; negotiations with the planning authority and other agencies; the signing of any S106 Agreement; and the issuing of planning permission, we can provide staff and expertise to interface directly with developers, landowners and any other members of the client side’s team. We are used to negotiating complex Section 106 agreements and can therefore assist ensuring that developments are not unduly burdened by excessive. For developers and landowners, we can quickly develop an interface, or governance, system with a planning authority to facilitate swift and proactive responses. PLANNING APPEALS If planning permission has been refused or a local planning authority has failed to determine a planning application we can advise on the prospects of an Appeal to the Planning Inspectorate being allowed or dismissed. If an Appeal is to be made we can: make all of the arrangements to lodge the Appeal (complete forms and prepare an initial statement of the grounds of appeal); make supplementary written submissions; present evidence at hearings or public inquiries if the case is to be heard before an Inspector; and arrange legal representation and the use of other specialist consultants as necessary. PLANNING ENFORCEMENT When unauthorised building works or changes of use occur a local planning authority (LPA) may use its discretionary enforcement powers to rectify the breach of control that has occurred. There are various notices that LPAs can issue to rectify breaches of control – Enforcement Notices, Stop Notices, Breach of Condition Notices and Injunctions. Failure to comply with a notice can result in owners and occupiers being fined and imprisoned. LPAs also have the power to undertake the works required by a notice in default and then recover their costs from the owner and/or occupier of the site. Enforcement action can raise complex planning issues and often there are ways of challenging notices that have been issued, particularly in the case of Planning Enforcement Notices. In responding to notices it may be possible to negotiate a compromise situation with the planning authority.  Speed is of the essence in responding to enforcement action taken by LPAs, because failure to meet prescribed timescales can result in opportunities to Appeal being lost. It is therefore advisable for those who become subject to LPA enforcement action to obtain professional advice at the earliest opportunity. As with planning applications and planning appeals we can provide assistance in making Enforcement Notice Appeals and help owners and occupiers get through what can be a difficult and arduous process, by negotiating with LPAs and preparing Appeal submissions and giving oral evidence as required. We can also assist with finding appropriate legal representation. For more information on Planning Enforcement go to Read More MAKING DEVELOPMENT PLAN SUBMISSIONS Securing a development plan allocation for a site can significantly increase its land value. Planning is “Development Plan” led in the UK, which essentially means that if a proposed development complies with Development Plan policy, then subject to matters of detail, planning permission should be forthcoming. For example sites allocated for development in the built up area of a town will have policy support, while unallocated sites on the edge of town or in open countryside do not and more often than not will be refused planning permission because they are contrary to the Development Plan. In 2004 a new style Development Plan system was introduced and gradually old style Regional Planning Guidance Notes (RPGs), Structure Plans and Local Plans are being phased out and replaced by a 2 tier regime comprising Regional Spatial Strategies (RSS - Regional Plans) and Local Development Frameworks (LDFs). Regional Plans provide strategic planning guidance within a region and set housing and employment space targets etc for individual LPAs. LDFs set out more detailed planning policies to be applied by LPAs in their areas. LDFs will comprise a suite of documents including: a Core Strategy (borough wide strategic policies); documents making specific site allocations for housing, employment and other forms of commercial development; development control type policies; and Area Action Plans in areas where large scale development is envisaged and comprehensive planning is required. At the level of individual sites it is the content of LDF documents, which are of most significance to landowners and developers because they will determine whether individual sites are or are not allocated for development. When LDF documents are being prepared landowners and developers can make representations to LPAs to have sites allocated for development. If an LPA does not accept a proposed allocation that decision can be challenged by making written or oral submissions to the Planning Inspector appointed to examine (review) the document before it can be adopted by an LPA. Unlike old style Local Plans, local authorities are being encouraged to produce their LDFs in stages and it is therefore important to keep abreast of the stage at which individual LDF documents have reached in their production, Councils may be preparing several at once. Those seeking to secure the allocation of sites for development need to ensure that they make representations to local planning authorities at the right time and failure to keep to the prescribed timescales will result in potentially lost opportunities. Under the new system it is not permissible to raise issues, such as the appropriateness of making a site allocation, towards the end of an LDF document’s production if such issues were not made known to the LPA at the document’s initial consultation stage. Michael Parkes Surveyors have both the staff and experience to make Development Plan representations on behalf of landowners and developers.  OBJECTING TO PLANNING APPLICATIONS ON ADJOINING LANDOWNERS AND OCCUPIERS’ BEHALF When a planning application is submitted the planning authority is required to publicise the application by sending letters and in certain instances displaying site notices and arranging press notices. Anyone can make representations about a planning application or a planning appeal. If you are uncertain about the best way to voice your views then we can assist by making representations on your behalf and attending planning appeal inquiries or hearings. PLANNING AND DEVELOPMENT ADVICE is provided by: Grahame Gould MRTPI, Director of Planning, formerly a principal planning officer with Medway Council for many years, Grahame has vast experience in dealing with complex development applications and related S106 agreements, the appeals system and the LDF system. He will lead a team made up of the experts relevant to the project. Contact us at our Head Office Michael Parkes Surveyors Limited Reading House Waterside Court Neptune Close Rochester Kent ME2 4NZ Telephone: 01634 294994 Facsimile: 01634 295372 Email: Grahame Gould This e-mail address is being protected from spam bots, you need JavaScript enabled to view it |