Planning Consultancy

Our first contact with clients is often through providing planning consultancy advice. At the outset it is important to assess the likelihood of obtaining planning permission. In so doing assessment of risk can be evaluated and abortive costs avoided or minimised. This may involve providing an initial site assessment by:

• Undertaking a planning history search at the local planning authority to establish what uses have been proposed, accepted and refused in the past.
  
• Examining listed buildings register.
  
• Examining planning policy contained in the relevant development plan (Local Plan or Local Development Framework).
  
• Speaking to planning officers at the local planning authority to ascertain their views of the key issues regarding development of a particular site; and
  
• Preparing a report on the prospects of obtaining planning permission, identifying key issues which will be fundamental to the determination of any application and identification of any technical work that may be required to support the planning application.
  

We also provide advice on the best route for realising development potential of a site, whether this is through the local development plan route or the submission of a planning application.

Planning applications and appeals

Our planning consultants have extensive experience and expertise in the preparation and submission of planning applications for all sectors of the development industry. Our planning application services include:

• Assembly, instruction and leadership of development teams. Appointing and co-ordinating project teams of specialist advisors including architects, highways consultants, ecologists, engineers and arboriculturalists, in order to submit a comprehensive package.
  
• Co-ordinating public consultation exercises to ascertain public opinion on our proposals.
  
• Negotiating with the local planning authorities, statutory authorities and others to secure consent.
  
• Liaising with lawyers to prepare legal agreements.
  

When advising on planning applications our planning consultants seek to avoid unnecessary and costly planning appeals through successfully negotiating planning permissions.

Where planning permission has been refused statute allows for an appeal to the First Secretary of State, Office of the Deputy Prime Minister. Provision is also made for appeal in certain other circumstances, such as the imposition of unreasonable planning conditions, failure to determine applications in the statutory period, advertisements, Listed Buildings and Conservation Area Consent. On occasion the opportunity will arise to seek an award of costs in cases where unreasonable behaviour can be established.

Appeals can be by written representation, informal hearings and public inquiry. Where the submission of an appeal becomes necessary, we can:

• Co-ordinate a team of consultants.
  
• Appoint and instruct Counsel.
  
• Prepare proofs of evidence.
  
• Provide expert witness evidence at public inquiry.

We also represent objectors at appeals. Often a 'consortium' of local residents can join together for professional advice to challenge a developer's case. We have successfully represented residents and groups of neighbours in written appeals and at public inquiries.

We also provide an appeals service to local authorities providing expert evidence and witnesses for inquiries, hearings and call-ins.

Planning Inquiries

The complex nature of many of the schemes that Gregory Gray Associates are involved with, means that they are often examined at public inquiries. We have acted for both private and public sector clients submitting evidence and appearing as expert witnesses at inquiries.

Whether providing expert witness at inquiry or detailed evidence on smaller development proposals, we offer thorough and carefully prepared advice. As a consequence, we are often recommended by leading members of the Planning Bar.

Gregory Gray Associates are very experienced with working with legal representatives and have good relationships with leading legal firms and Barristers’ Chambers. We often advise solicitors instructing a Barrister, but increasingly we are asked by clients to instruct Barristers direct through Direct Professional Access to the Planning Bar and can instruct Counsel for legal advice, opinions and to appear at inquires.

Gregory Gray Associates personnel have in excess of 25 years experience of giving expert witness evidence at public inquiries of all types.

Planning Policy Advice

Section 54A of the Town & Country Planning Act 1990 strengthened the ‘plan-led’ system of Town Planning, where development must take place in accordance with the development plan unless material circumstances indicate otherwise. Recent changes to primary legislation now requires authorities to produce Local Development Frameworks (LDF) to replace their Local Plans and Unitary Development Plans.

Monitoring of the development plan is essential because authorities are not required to tell individual landowners that they intend to allocate land for development or add some new layer of constraint.

In addition therefore to providing town planning advice in relation to development plans, Gregory Gray Associates advise clients on the implications of changes to planning policy at national, regional and local level. In doing so, we:

• Make the Council aware that your land is available and suitable for development.
  
• Conduct research to assess the impact and implications of changes to policy.
  
• Carry out a monitoring process to ensure that land and development is promoted at the right time by review emerging policy on behalf of clients and on the likely effect that such policies will have, drawing upon our extensive experience across the United Kingdom. If a stage is missed then the chance to promote your land may be lost for several years.
  
• Appearing as an expert witness or making written representations to the inquiry in order to advance the case for (or against in some circumstances) policies where, for example, the Council has not agreed to allocate your land for development.

Planning advice on enforcement matters and Lawful Development Certificates

On occasion development takes place which does not have the benefit of planning permission, or there is considered to be some other breach of planning control.

At Gregory Gray Associates we would undertake the following courses of action on your behalf:

• Establish whether of not the Council are correct in their assessment - for example, is planning permission required?
  
• If planning permission is required, assess whether or not it is exempt from enforcement action. It may for example be lawful or permitted development.
  
• Submit appropriate applications where development may be lawful or where the Council has indicated that a compromise may be acceptable.
  
• Certificates of Lawfulness are complicated and the onus of proof falls on the applicant to substantiate their case. As such very clear and undisputed evidence is required. We can assist in the compilation of this and statutory declarations.
  
• Where there is no equitable solution it may be necessary to appeal to the First Secretary against an Enforcement Notice or Lawful Development Certificates. The aim of an appeal is to establish whether planning permission should be granted or whether the demands to cease a particular activity or building operation are unreasonable and should be corrected.
  

There are many aspects of planning law on which we can advise although our advice is not definitive. As Chartered Town Planners we have Direct Access to the Planning Bar and can, where necessary, instruct Barristers on behalf of Clients or to advise on the law. We have a good reputation with the Bar and are often recommended to developers by leading Planning Chambers.

Local authority consultancy

The practice has 8 years experience undertaking work on, and providing services to authorities in:

• processing planning applications.
  
• processing planning appeals including expert witnesses at planning inquiries, hearings and by written representations, using our extensive experience to help Councils improve and maintain their performance records.
  

Since December 1999 (and currently) the practice has been providing a service in the processing of an extensive range of applications for small, large, and strategic-scale developments, site visits, preparation of reports including relevant policy documents, negotiation of complex multi-site s106 agreements, consultations with applicants and third parties and correspondence as necessary and conducting appeals on behalf of the following Authorities:

• Hart District Council, Hampshire
  
• Luton Borough Council, Bedfordshire
  
• Waverley Borough Council, Surrey
  
• South Beds District Council, Bedfordshire
  
• Mid Beds District Council, Bedfordshire
  
• West Northampton Development Corporation (WNDC), Northamptonshire
  

In addition the practice provides a full planning service to Waverley Borough Council in connection with expert witnesses for planning inquiries, call-in inquiries, hearings, written representation appeals and handling major site applications. Our practice also attends and advises at the WNDC Planning Committee.