What is planning law?

Planning law governs the development and use of land and buildings. It covers matters such as planning permissions, enforcement, development control, local plans, environmental considerations, and legal agreements like Section 106 obligations. Planning law ensures that developments align with national and local planning policies.

Do I always need planning permission for development?

Not always. Some minor works fall under permitted development rights, meaning they don’t require planning permission. However, larger developments, changes of use, or work in conservation areas usually require approval. It’s best to get legal advice early to avoid enforcement action.

What is a Section 106 agreement?

A Section 106 agreement is a legally binding planning obligation between a developer and a local authority. It ensures that a development contributes to local infrastructure, affordable housing, or community services. These agreements are often necessary to make a development acceptable in planning terms.

What is the Community Infrastructure Levy (CIL)?

CIL is a charge that local authorities can levy on new developments to fund infrastructure such as roads, schools, and healthcare. It is separate from Section 106 and applies to certain developments based on floor space created. Not all councils have adopted a CIL charging schedule.

Can I appeal a refused planning application?

Yes. If your planning application is refused or not decided within the required timeframe, you can appeal to the Planning Inspectorate. Appeals must be made within specific time limits and should be supported by clear planning and legal arguments.

What is a judicial review in planning law?

A judicial review is a legal challenge in the High Court where a claimant argues that a planning decision was unlawful—e.g., due to procedural error or irrationality. It does not re-argue the merits of a planning decision but examines whether the correct legal process was followed.

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Planning

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Our Planning Law team specialises in guiding clients through the complexities of planning legislation. We provide not only in-depth technical advice but also practical, solutions-focused support to help you meet your development objectives while remaining compliant with regulatory obligations.

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We advise a range of organisations, developers, landowners and investors on all aspects of planning law from pre application advice through to enforcement and legal challenge proceedings. We also advise on the compulsory purchase process (“CPO”) and infrastructure schemes.

Working closely with our in-house property development, real estate, and construction teams, we deliver a full-service legal solution with the breadth and depth of expertise required for today’s planning landscape.

Planning law is ever changing, and our lawyers are quick to react to new policy and initiatives such as biodiversity net gain (“BNG”) and changes to the NPPF and advising on the implications for clients forthcoming developments.

We tailor our advice to suit the scale and complexity of your project - whether you’re a housebuilder, developer, landowner, local authority, or public body. Our team advises on a wide range of planning law, from planning applications to strategic and site-specific planning support.

Our expertise

Planning applications, appeals and challenges >

Planning agreements and obligations >

Compulsory purchase and infrastructure >

Strategic and site-specific planning support >

Recent work >

Planning applications, appeals and challenges

Planning appeals to the Planning Inspectorate
Judicial Reviews and statutory challenges to planning decisions
Certificates of Lawfulness for proposed and existing developments
Objections to planning applications and development proposals

Planning agreements and obligations

Drafting and negotiation of Section 106 agreements and Unilateral Undertakings
Advice on Community Infrastructure Levy (CIL)
Planning enforcement defence and appeal strategies
Strategic planning advice relating to listed buildings, biodiversity net gain (BNG), permitted development rights, and more

Compulsory purchase and infrastructure

Advice on Compulsory Purchase Orders (CPOs) and compensation
Negotiating highways and infrastructure agreements (Sections 38, 104, 278 etc.)
Applications for stopping up and diversion of highways
Tree Preservation Orders (TPOs) and related disputes

Strategic and site-specific planning support

Planning due diligence for site acquisitions and developments
Promotion of strategic sites through local plans

Some specific examples of our work include:

Issued judicial review proceedings against a Local Planning Authority. The case being of particular note due to it being submitted outside the statutory six-week time limit requiring an application for an extension of time. The application was successful and decision quashed.
Advising a registered provider on a stopping up application concerning highway land which affected their ability to development land pursuant to an obtained planning consent for residential development.
Advising several landowners on the service of counter notices and blight notices in connection with land to be compulsorily purchased by HS2.
Advising a top ranked university on a Section 106 Agreement and general planning advice in relation to an important redevelopment of their campus.
Negotiating and drafting a complex Section 106 Agreement and providing planning advice for a multi-million pound mixed use scheme including hotel, residential and retail uses. Advise included issues relating to compatible and drop in permission.
Advising in the case of R (on the application of Fidler) v Secretary of State and Reigate Borough Council at the High Court. This case resulted in a change in the law around immunity from enforcement as a result of deceit.

FAQs

What is planning law?

Planning law governs the development and use of land and buildings. It covers matters such as planning permissions, enforcement, development control, local plans, environmental considerations, and legal agreements like Section 106 obligations. Planning law ensures that developments align with national and local planning policies.
Do I always need planning permission for development?

Not always. Some minor works fall under permitted development rights, meaning they don’t require planning permission. However, larger developments, changes of use, or work in conservation areas usually require approval. It’s best to get legal advice early to avoid enforcement action.
What is a Section 106 agreement?

A Section 106 agreement is a legally binding planning obligation between a developer and a local authority. It ensures that a development contributes to local infrastructure, affordable housing, or community services. These agreements are often necessary to make a development acceptable in planning terms.
What is the Community Infrastructure Levy (CIL)?

CIL is a charge that local authorities can levy on new developments to fund infrastructure such as roads, schools, and healthcare. It is separate from Section 106 and applies to certain developments based on floor space created. Not all councils have adopted a CIL charging schedule.
Can I appeal a refused planning application?

Yes. If your planning application is refused or not decided within the required timeframe, you can appeal to the Planning Inspectorate. Appeals must be made within specific time limits and should be supported by clear planning and legal arguments.
What is a judicial review in planning law?

A judicial review is a legal challenge in the High Court where a claimant argues that a planning decision was unlawful—e.g., due to procedural error or irrationality. It does not re-argue the merits of a planning decision but examines whether the correct legal process was followed.

Contact us

Rebecca Mushing

Key contact

Rebecca is a specialist planning lawyer who advises on all aspects of the planning process and highway matters.

Phone

01926 883076

Email Address

rebecca.mushing@wrighthassall.co.uk

Meet the team

The service received from Wright Hassall planning has always been very keenly focused on individual requirements. They have quick response times, which are important when working within the strict timelines of planning departments.

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