Boyes Turner's Development service helps clients secure planning permission - ensuring consent is obtained on suitable terms and within a timescale that fits development programmes.
It works predominantly for developers and landowners promoting land for (re)development. Sites range from small properties intended for a single new dwelling to large developments with strategic significance for a local area. The service regularly negotiates planning obligations under s106 of the Planning Act and ensures that planning authorities limit their demands to those that can be legally justified.
Regular dealings have been had with sites affected by the Thames Basin Heaths SPA and the particular challenges that the special designation of the affected areas raise.
There is a wealth of experience dealing with planning and infrastructure agreements ranging from simple unilateral undertakings to complex s106 agreements providing for social housing and community infrastructure and facilities. Advice is also regularly provided on infrastructure agreements relating to dedication of highways and provision of utilities and services.
The introduction of the Community Infrastructure Levy (CIL) has been kept under close review and the Development service regularly advises on the draft charging schedules and provides responses to consultations from local authorities. It also advises on the CIL's impact on development and funding documentation where planning processes extend beyond the date when the levy may become payable as well as the availability of reliefs and their protection.
Planning expertise includes:
- Variations of planning permissions.
- Certificates of lawful use or proposed use and development.
- Alleged breaches of planning control and threats of enforcement.
- The Use Classes Order and the application of permitted development rights.
- The interpretation of planning conditions and planning obligations.
- Representations and objections on behalf of third parties with an interest in the outcome of planning applications, ensuring that their views are fully taken into account by the planning authority or Inspector.
- Pursuing appeals including at inquiry.
- Planning agreements and unilateral undertakings and variations.
- Infrastructure agreements including agreements pursuant to S278, S104 & S38 Community Infrastructure Levy.
Recent work includes:
- Advising on s106 terms for multiple residential development sites in Berkshire Buckinghamshire Oxfordshire and Hampshire and surrounding areas, acting for landowners and developers.
- Successful representations by a third party opposing an application for a Certificate of Lawful Use seeking to legitimise an unauthorised subdivision of a neighbouring property into two dwellings.
- Advising on a s106 within the Thames Basin Heaths SPA providing for the benefit of reductions in impact of one development to be recognised when considering mitigation measures to be provided elsewhere on another development.
- Advising on s106 issues relating to a large specialised C2 care institution proposed for a site in the West Country, covering travel plan provisions and dealing with complex negotiations relating to policing costs and security issues, including successfully resisting unlawful demands for payments in breach of the Police Act.
- Advising on s106 issues relating to a major extension of corporate office space on a business park in Hampshire including advice on lawfulness of contributions assessed by reference to outdated tariffs.
- Renegotiating s106 obligations on a residential development to ensure demands for affordable housing reflected assessments of financial viability of the site.
- Advising on a successful appeal for retrospective planning permission for changes to layout and improvement of facilities at a caravan park.
- Successfully securing a Certificate of Lawful Use allowing continued all year retention of mobile homes on a caravan park in Dorset despite historic conditions requiring removal during winter months.
For more information please contact Derek Ching on 0118 952 7217 or at [email protected]