how we helped our clients

Here are some examples of how we have helped our clients; the cases are divided by type:

Developers and Housebuilders case studies

• Devon development scheme

We have recently acted for a consortium of developers in Devon. The development scheme involved some 3,000 residential units together with a district centre, schools, offices and railway station together with associated infrastructure. The development includes a bypass and works off the M5 motorway.

We acted in connection with drafting the Section 106 Agreement and various highway agreements together with associated advice on planning and highway matters.

• Advising a leading housebuilder

We acted for one of the country’s leading housebuilders in drafting and advising on planning issues in connection with a planning appeal against the refusal of planning permission by a local council.

The scheme comprised 2,200 housing units together with 60,000 m2 of employment and associated infrastructure on land in the South West of England. Although the site was allocated in the Local Plan, there were significant areas of disagreement between the developer and the Council in relation to the level of master planning required and affordable housing.

Our advice centred principally on the various deeds required under section 106 to be submitted in support of the appeal.

• Advising a South West housebuilder

We advised a leading South West housebuilder and a housing association on residential development of a site in Cornwall.

The planning application involved 150 houses on Greenfield land which was refused due to the Local Planning Authority's decision that this number of houses was not needed due to a surplus in existing supply.

We provided the advocacy at the planning inquiry arguing that 50% affordable housing should be provided; this led to the appeal being allowed.

• Section 106 Agreement

We were appointed by a regional developer to provide planning advice in relation to a portfolio of properties for which they are seeking to acquire planning permission for a residential development.

The properties are located across England and vary in size. The proposed redevelopment of each property necessitates a Section 106 Agreement to facilitate the grant of planning permission. Timing is critical to ensure that the investment potential for the properties is maximised.

• South West development

We acted for a consortium of south west house builders in connection with a Section 106 Agreement and the provision of associated planning advice (on, for example, Environmental Impact Assessment) for a 73 hectare mixed employment and residential site in Somerset. The proposed development will consist of 900 houses including affordable housing with serviced employment sites, a new primary school, local centre, community facilities and new highway infrastructure.

Local Authority case studies

• Compulsory purchase - acting for a local authority

We acted for a local authority on the making of a Compulsory Purchase Order (CPO) to acquire land in a busy town centre. The site was in real need of regeneration and it was considered that the proposed redevelopment would significantly enhance the local environment to the benefit of local businesses.

The project became increasing complex due to the planning position and the multiple ownerships that were involved. Our work involved drafting the CPO, Notices and Statement of Case, we advised the Council on tactical issues and prepared the Council's case for a public inquiry.

• Midlands district council

We acted on an ongoing basis for a district council in the Midlands in negotiating and settling its Section 106 Agreements.

We are the only legal firm acting for the Council in relation to the outsourcing of these documents.

The range of obligations that have been negotiated are diverse as they are dependant on the development proposed. Our role has also been to advise the Council on their standard draft Section 106 Agreement and to recommend amendments to improve the standard provisions.

• South East district council

We worked with a district council in the South East of England and provided cover in the absence of the Council’s internal legal representation. We advised on a range of planning and local authority issues including in relation to the following:

• Advising on Members’ interests in relation to planning matters and responding to the Standards Board on the issue
• Advising on a Village Green application where local residents are seeking to restrict the use of land owned by the Council
• Advising on various Applications for Lawful Use and Development Certificates
• Putting in place various Section 106 Agreements to ensure appropriate planning gain for the Council in relation to Planning Applications.

Other case studies

• Working with a public corporation

Clarke Willmott are one of only two preferred legal partners in the UK; we advised a major public corporation on a number of planning issues including at a contentious South West planning appeal and inquiry. In this particular case important points of planning law were at issue relating to the mooring of canal boats, resultant in leading Counsel being instructed.

• Demolition of a listed building

We advised an individual regarding the demolition of a listed building in the South East of England.

We negotiated a reduction in the charges and appeared in Magistrates Court to represent the defendant client. This was a serious case where the demolished building was part of an important group and a custodial sentence was feared. The defendant was relieved to receive a fine rather than a term of imprisonment.