Planning Services

Looking to navigate complex regulatory requirements for your project? Our planning experts are here to help you strategize and streamline your development plans, ensuring a smooth journey from concept to completion. Let’s turn your vision into reality together.

Enforcement Services

Ben is highly motivated to seek an out-of-court settlement through mediation. Court cases and public inquiries are generally triggered by a breakdown in communication when one side is being unreasonable.

Enforcement action should not be used as a threat or for information gathering. The law states that this action should be used as a last resort once mediation has broken down.

Ben has worked with over 120 local authorities. Many local planners are beholden to their local authority and do not always have the client’s best interests at heart; their main concern is to please the planning department they rely on for future projects.

Often the best recourse for planning enforcement is not through the appeal process but through judicial review. There must be an expedient report demonstrating that the action is in the public interest.

Some cases are born from a “members trap” – pressure from political sources to take action. A very common stance is a local authority issuing a “change of use” and operation development at the same time. This is due to a lack of investigation and a poorly constructed expedient report. There is a good reason why local planning authorities can’t pursue both. To receive the answer, book an appointment to speak to Ben.

Ben has the experience and connections to ensure that the rule of law is followed and that your rights are not overlooked by the common connection between a local planner and local authority.

Data Recovery and Deletion

Your data privacy matters. With your consent, we can retrieve all your personal and public information held by authorities and third parties. Concerned about data security? We’ll also ensure that this information is securely deleted when it’s no longer needed.

How Planning Mediation Uses This Resource

Planning Mediation utilizes this resource to gather evidence that can be used in court to build a case or defend one. Often in the disclosure process during court proceedings, critical information necessary for a fair trial is withheld as it could undermine a case. The current data protection rules are a vital means of establishing facts, and this component is essential for building a strong argument. Information we recover has revealed that officials are willing to fabricate evidence to defend their positions.

Real-Life Example

In one case, there had been a high level of complaints received by the local authority. However, upon data retrieval, no complaints were recorded. This led to court action, and in response, the Local Planning Authority (LPA) issued a handwritten complaint, claiming that the computer system was down and that the complaint wasn’t recorded. Planning Mediation then utilized a Freedom of Information request to determine how many times the computer system had been down, and the response was “never.” This provided clear evidence that the LPA was willing to forge evidence and lie to create a case.

Planning Mediation has won numerous cases using evidence that shows officials are willing to lie to defend their positions. In the same case, there were five internal communications stating that the enforcement officer had visited the site and could not see the reported breaches. However, on the witness stand during a public inquiry, the officer claimed that the breach was highly visible from the road, using this as justification. When confronted with the five emails reporting that he couldn’t see the breach during the site inspections, it shattered the credibility of the witness and demonstrated that the enforcement action lacked proper investigation. As a result, partial costs were awarded against the LPA.

CLUED Application

A Certificate of Lawfulness (commonly referred to as a “CLOPUD” – Certificate of Lawful Use or Development) is a valuable legal document in the field of planning and development. It is used to establish that a specific use of land or property is lawful and does not require planning consent. Here is some useful information about Certificates of Lawfulness, often CLPUD and CLOPUD for clarity:

1. Purpose: Certificates of Lawfulness are used to confirm that a particular use or development has become lawful through the passage of time and no longer needs planning permission.
2. Four-Year and Ten-Year Rules: Certificates can be employed to argue either the four-year rule (for operational development) or the ten-year rule (for change of use), but not both simultaneously. The four-year rule typically applies to physical development, such as building structures, while the ten-year rule is related to changes in land use.
3. Establishing Land Use: These certificates are essential for establishing the current lawful use of a property or piece of land. It can be particularly useful when there is uncertainty or disputes regarding the land’s usage.
4. Local Planning Authority Involvement: The process often involves the legal department of a Local Planning Authority. Their role is to review the evidence provided and issue the certificate. This helps prevent any potential pitfalls or “members trap” situations where development may be challenged in the future.
5. No Public Consultation: Unlike the regular planning process, applying for a Certificate of Lawfulness does not require public consultation. This can save time and streamline the process, making it a more efficient option in certain cases.
6. Resolving Enforcement Cases: Certificates of Lawfulness can be a helpful tool for resolving enforcement cases. If there is a dispute over the legality of an existing use or development, obtaining a certificate can provide legal clarity and potentially prevent enforcement action.
7. Time Efficiency: This process is often quicker and more time-efficient compared to the traditional planning permission route. It eliminates the need for planning applications and consultations, making it an attractive option for those looking to establish the legality of their development rapidly.
8. Demonstrating Permitted Development: Certificates can be used to demonstrate that a particular development or land use falls within the scope of permitted development rights. This can be especially useful for property owners and developers seeking confirmation that their plans are compliant with local planning regulations.

In summary, Certificates of Lawfulness play a crucial role in land use planning and development. They provide a straightforward and efficient way to establish the legality of existing uses or developments, helping property owners and developers navigate planning regulations and avoid potential issues. It is particularly useful when dealing with cases involving the four-year and ten-year rules, as well as resolving enforcement actions

Business Development

Ready to take your business to the next level? Our business development experts can help you identify growth opportunities, create strategic plans, and boost profitability. Let’s shape the future of your business together.

Feasibility Study: Wondering if your project is viable? Our feasibility studies provide you with a clear picture of potential risks and rewards. With our insights, you can make informed decisions and ensure your project’s success. Environmental Reports:

Environmental responsibility is paramount. Our environmental reports help you assess the impact of your actions on the environment. We provide valuable insights and solutions to minimize your ecological footprint.