Skip to main content
Share via Share via Share via Copy link

Planning law

Our specialist planning law solicitors provide our public and private sector clients with the focus, strategy, organisation and attention to detail needed to operate effectively in the planning system, and our combination of chartered town planners and lawyers enables us to provide a one-stop shop throughout the planning process.

With a team of eight dedicated planning lawyers and one qualified chartered planner, and a track record including landmark projects such as the £8bn+ Lower Thames Crossing DCO and a proposed new garden town of up to 10,000 homes, our planning team delivers both depth and breadth.

Large projects, such as regeneration and strategic land schemes, are key elements of the work we undertake (both for public and private sector bodies). At Browne Jacobson, we’re dedicated to making the complex simple and finding creative solutions. We help our clients tackle the legal hurdles associated with development projects in order to promote bold and place-creating schemes.

Public sector expertise

Our public sector planning work spans the full spectrum of the planning system — from local plan preparation, planning committee support and enforcement functions through to the largest and most complex infrastructure consenting matters. 

Private sector expertise 

Our private sector client base includes developers, land promoters, landowners, investors, funders and registered social landlords. We bring market-leading expertise to strategic land promotion, major housing delivery and complex mixed-use schemes, advising clients at every stage of these high-value projects to unlock development potential and shape exceptional places.

Planning law expertise

Why choose us?

  • Our clients: Over 150 public sector clients, including government agencies, local authorities, health and education services, plus private developers, land promoters, landowners, investors, funders, registered social landlords, luxury goods, food and drink, and value retailers.
  • Specialists in planning law: A wealth of experience advising public and private sector clients on all aspects of the planning and compulsory purchase law, helping them successfully navigate the complex planning system and achieve positive outcomes. Our team also includes members and legal associates of the Royal Town Planning Institute and Royal Institution of Chartered Surveyors.
  • More than planning: The team works closely with our environmental specialists and experts in development, construction, property acquisition and disposal, property disputes, highways and regeneration. This ensures advice on all the different elements of a project can be delivered in a coordinated and cohesive manner.
  • In-house advocacy capability: Our team of in-house barristers provides planning inquiry advocacy without the need to brief external counsel.
  • Community-focused: Working with community representatives and undertaking pro-bono planning aid work.
  • Nationally recognised and reform-ready: Our planning and public law teams operate as a truly national practice, with members of the team in our offices in Nottingham, Birmingham, Manchester, London and Cardiff.

Planning law expertise

We advise public and private sector clients on all aspects of planning strategy and applications, from pre-application engagement and site assessment through to planning committee, the discharge of conditions and beyond. For complex or contested schemes, we provide clear strategic guidance to maximise the prospects of success and help clients develop an effective path through the planning system.

If your planning application has been refused, our planning appeal lawyers can advise on the full range of appeal routes available to you – from written representations to hearings and public inquiries. Our team of in-house barristers can attend court on short notice and provide advocacy for planning inquiries.

Planning applications, strategy and appeals

We advise on planning section 106 agreements and CIL across all types and scales of development. Our experience includes framework section 106 agreements for large phased schemes where multiple applications will come forward over time.

We also advise on affordable housing and use classes across the full range of development types, including requirements arising from section 106 obligations, viability assessments and tenure mix negotiations.

Section 106 agreements and community infrastructure levy (CIL)

We advise on compulsory purchase orders and appropriation. We act for both acquiring authorities and those affected by compulsory purchase proceedings, advising on the full CPO process from promotion and confirmation through to compensation claims. Our recent experience includes projects involving multiple land acquisitions, government funding arrangements, compulsory purchase, complex and bespoke infrastructure agreements and planning obligations.

We also advise on development consent orders for nationally significant infrastructure projects, including major road and energy schemes.

We advise on habitats law, EIA and SEA in the planning context, ensuring development projects meet their statutory environmental requirements. Our team supports a number of local authorities and non-departmental public bodies upon planning law, environmental law, judicial review and risk management issues.

We advise on planning enforcement matters, waste, certificates of lawful use and use classes. Our advice covers retrospective planning applications, enforcement notices, stop notices, enforcement appeals and compliance with planning conditions, as well as strategic advice to local authorities operating their enforcement functions.

We also advise on judicial review proceedings arising from planning decisions, covering both applicants and public decision-makers. This includes advice on risk, pre-action correspondence, interim relief and representation in the Administrative Court. Our experience includes advising Croydon Council's planning team on judicial review matters and providing training to planning committee members.

Enforcement and judicial review

We also advise on public rights of way and highways matters in the context of development, including stopping up orders, dedication agreements and adoption agreements, as well as the interface between highway law and major infrastructure consenting.

Highways

We advise public and private sector clients on all aspects of planning strategy and applications, from pre-application engagement and site assessment through to planning committee, the discharge of conditions and beyond. For complex or contested schemes, we provide clear strategic guidance to maximise the prospects of success and help clients develop an effective path through the planning system.

If your planning application has been refused, our planning appeal lawyers can advise on the full range of appeal routes available to you – from written representations to hearings and public inquiries. Our team of in-house barristers can attend court on short notice and provide advocacy for planning inquiries.

We advise on planning section 106 agreements and CIL across all types and scales of development. Our experience includes framework section 106 agreements for large phased schemes where multiple applications will come forward over time.

We also advise on affordable housing and use classes across the full range of development types, including requirements arising from section 106 obligations, viability assessments and tenure mix negotiations.

We advise on compulsory purchase orders and appropriation. We act for both acquiring authorities and those affected by compulsory purchase proceedings, advising on the full CPO process from promotion and confirmation through to compensation claims. Our recent experience includes projects involving multiple land acquisitions, government funding arrangements, compulsory purchase, complex and bespoke infrastructure agreements and planning obligations.

We also advise on development consent orders for nationally significant infrastructure projects, including major road and energy schemes.

We advise on habitats law, EIA and SEA in the planning context, ensuring development projects meet their statutory environmental requirements. Our team supports a number of local authorities and non-departmental public bodies upon planning law, environmental law, judicial review and risk management issues.

We advise on planning enforcement matters, waste, certificates of lawful use and use classes. Our advice covers retrospective planning applications, enforcement notices, stop notices, enforcement appeals and compliance with planning conditions, as well as strategic advice to local authorities operating their enforcement functions.

We also advise on judicial review proceedings arising from planning decisions, covering both applicants and public decision-makers. This includes advice on risk, pre-action correspondence, interim relief and representation in the Administrative Court. Our experience includes advising Croydon Council's planning team on judicial review matters and providing training to planning committee members.

We also advise on public rights of way and highways matters in the context of development, including stopping up orders, dedication agreements and adoption agreements, as well as the interface between highway law and major infrastructure consenting.

Stay updated with planning reform

Featured experience

Otterpool Park Garden Town

Advising on the planning aspects of proposed new garden town in East Kent, to be developed on a 770-hectare site on the M20, with long-term potential to deliver up to 10,000 new homes plus employment space that could support up to 8,000 jobs.

Lower Thames Crossing DCO

Working with a public body on the development consent order for the £8bn+ Lower Thames Crossing project.

Local authority planning support

Providing broad support for Croydon Council’s planning team, including advice on highways, local plan, judicial review and planning enforcement. We regularly act as the legal officer to planning committee, and provide training to committee members. We also operate an advice line where members of the planning team can access legal support for relatively minor queries easily and quickly.

5,000 homes urban extension

Advising in relation to a 5,000 home urban extension in the West Midlands. This includes negotiation in relation to a framework section 106 agreement (as there will be multiple applications being brought forward), as well as planning the planning framework.

Frequently asked questions

A planning lawyer can add value at many stages of the development process. You may need specialist planning law advice when: 

  • preparing or responding to a planning application for a complex or sensitive scheme; 
  • negotiating section 106 obligations or CIL liabilities; 
  • promoting a strategic land site; 
  • dealing with a compulsory purchase order as either an acquiring authority or an affected landowner; 
  • appealing a planning refusal through the Planning Inspectorate; 
  • challenging a planning decision by judicial review; 
  • advising on environmental impact assessment or habitats law requirements; or 
  • navigating the reforms introduced by the Planning and Infrastructure Bill and updated NPPF.

A section 106 agreement (sometimes called a planning obligation) is a legal agreement between a developer and a local planning authority under section 106 of the Town and Country Planning Act 1990. It is used to secure contributions or restrictions that make an otherwise unacceptable development acceptable in planning terms. 

Common requirements include affordable housing provision, financial contributions towards local infrastructure (such as schools, highways and open space), restrictions on the use of land, and phasing or management obligations. Section 106 obligations must be necessary, directly related to the development and fairly and reasonably related in scale and kind to the development proposed.

A planning appeal is the statutory process by which an applicant or appellant can challenge a planning authority's refusal of permission (or a failure to determine within time) before the Planning Inspectorate. It is heard by a Planning Inspector appointed by the Secretary of State and can be dealt with through written representations, a hearing or a public inquiry. 

A judicial review is a different legal process, brought in the Administrative Court, which challenges the lawfulness of a decision, such as a grant of planning permission, on grounds such as procedural unfairness, error of law or failure to take account of a material consideration.

A compulsory purchase order (CPO) is a statutory power allowing acquiring authorities to acquire land without the owner's consent, provided there is a compelling case in the public interest. If your land is subject to a CPO, you are entitled to object during the confirmation process and to participate in any public inquiry. 

If the CPO is confirmed, you are entitled to compensation reflecting the open market value of your land, plus additional heads of claim such as disturbance, loss on reinvestment and professional fees. Where land is held by a business, business losses may also be claimable. Early legal advice is important to protect your position and to ensure you receive full compensation to which you are entitled.

Testimonials

You may be interested in...