Planning lawyers will work alongside planning consultants and developers to ensure planning permission is secured on a project. Often clients will be house builders or other developers who want to use land to build upon. The build will form part of a much bigger project. It is imperative for the business model of that developer or house builder that planning permission is achieved. 

​

A planning lawyer will work strategically with their client to ascertain the clients goals and recommend a clear strategy and plan of action on how best to achieve those goals. A planning lawyer may also need to advise on any weaknesses that are evident within the client's planning application or plan. 

​

A planning permission applicant will need to prepare a pack of documents that is sent across with the planning application. This document will include a number of things to demonstrate how the building will be built and satisfy a variety of regulations. A planning lawyer will review all of these documents and prepare a 'legal health check' of these documents to ensure they comply with legal regulations such as:

​

• the Environmental Impact Regulations 

• the General Permitted Development Order (i.e. what is allowed without planning consent)

• Use Classes Order (each 'use' is categorised by class so using a property as a place of residence will be one class and using a place as an office will be another class etc) 

• the Community Infrastructure Levy (this is a charge that a local authority might attach to a new development, the fees of such charge being used for developing the infrastructure needed in that area) 

​

There are lots more! 

​

Once the application has been submitted, the local authority / council will come back with questions. A lawyer will assist their client with responses to these questions to ensure the responses are consistent with the information provided. 

​

As mentioned above, there are areas of planning law that can be quite contentious... for example.. in the event a third party (such as the owner of neighbouring land) challenges the build or planning application or in the event that the planning application was rejected. In cases where a planning application is rejected, it is possible to appeal the decision leading to a planning Inquiry or Hearing. 

​

Typical legal issues that can crop up in a planning lawyer's work will include:

​

• advising on section 106 agreements (when there's a big development, the local authority might request that some of the housing being developed is used as 'affordable housing' (see social housing sector) or may ask for a contribution towards infrastructure in the area - this all goes into the section 106 agreement); 

• advising on highway works including section 278 agreements; 

• advising on compliance and enforceability of Community Infrastructure Levy charges; 

• dealing with legal challenges to planning decisions that are made by way of a judicial review or review under section 288 of the Town and Country Planning Act 1990; 

• advising on appeals and attending hearings and inquiries in connection with those appeals (this could include advocacy if you're a solicitor or these can be done by barristers);

• advising on issues like Tree Preservation Orders, Conservation Areas etc; and

• advising on planning enforcement and certificates of lawful development and use.