clarke willmott

...for business > planning & environment > introduction > our services    

our services

Our services include:

Planning Applications and Appeals

We advise developers and others in connection with legal issues arising from their planning applications and in connection with planning appeals which result from refusal or non-determination of applications.

Planning and Highways Agreements

We have considerable experience of negotiating complex planning and highways agreements involving all elements of "planning gain" including affordable housing, public open space and landscaping, education provision, new highways and highway improvements, the provision of local centres including retail, doctor’s surgeries and leisure provision, sports facilities, protection of historic buildings and nature conservation. We are used to negotiating these agreements within tight timescales often to allow agreements to be taken into account at planning inquiries and to ensure that the provision of the various obligations ties into developers build programmes and the requirements of local planning authorities.

Advocacy at inquiries

We have a number of highly experienced Advocates who deal with advocacy at planning and other public inquiries as an alternative to instructing Barristers.

Enforcement Proceedings

We regularly become involved in defending enforcement proceedings brought by local planning authorities including enforcement notices, breach of condition notices and full and temporary stop notices. This includes dealing with advocacy at inquiries and, where necessary, pursuing subsequent judicial challenges.

Special Statutory Procedures

We have considerable experience of both bringing and defending judicial review challenges and of special statutory proceedings under the Town and Country Planning Act. This includes preparing claim forms and defences, and pursuing or defending challenges in the courts.

Compulsory Purchase and Compensation

We have considerable expertise in both the making of compulsory purchase orders and the defending of making such orders. We also regularly become involved in claims for compensation when those orders are made.

Environmental Impact Assessment

Complex planning applications are frequently required to be accompanied by an environmental statement following an environmental impact assessment of the proposed development. We regularly become involved in legal vetting of environmental statements to ensure, so far as possible, that these are "judge proof"; this seems to be the most fertile area of challenge for third parties relating to complex development proposals.

Environmental Permit Applications

We advise a number of industrial concerns in connection with their permitting requirements under environmental legislation including integrated pollution prevention and control and appeals resulting from application and the service of notices by local authorities.

Defending Environmental Prosecutions

We regularly become involved in advising clients in connection with compliance relating to environmental laws, including representing clients who are facing enforcement action including prosecution in the Magistrates' Court and Crown Court.