DF Legal have incorporated Robert Smith & Co. Solicitors of Stroud, more information to follow.
If a local planning authority behaves unreasonably in deciding to issue and then to prosecute an Enforcement Notice, that authority opens itself up to an award of costs in favour of a...
Government to press for operators of 'critical national infrastructure' to adopt new cyber security standard
Businesses involved in the operation of "critical national infrastructure" in the UK may be required to adopt a new v...
High Court rejects challenge to 65-home Exeter scheme
It was lawful for the Secretary of State (SoS) to grant planning permission for a residential development at a site near a bird habitat in Exminster without carrying out an...
Tower Hamlets approves Whitechapel boutique hotel
Tower Hamlets Council has granted planning permission to Union Hanover Securities and Southern Grove for a 217-bedroom hotel at 45 Whitechapel Road in London's E1....
"Not only efficient, but a pleasure to deal with"
Mr and Mrs R, Tewkesbury
First class service all round. Many Thanks
Mr S, Tewkesbury
If a local planning authority behaves unreasonably in deciding to issue and then to prosecute an Enforcement Notice, that authority opens itself up to an award of costs in favour of an appellant. So it was in a recent case in which DF Legal were instructed to represent clients at a Public Inquiry appeal against the issuing of an enforcement notice.
Working closely with the client's own Planning Consultant, we were able to establish that some of the problems the Planning Authority had to overcome were
An application was made before the Planning Inspector for costs.
A full costs order was made against the Council, the Enforcement Notice was quashed and the clients are now happily developing out their land.
The case demonstrates that for a Local Planning Authority, following planning policies is not always enough. Planning Authorities have procedures to follow in making their planning decisions and if they fail in doing so they risk financial censure. They have to act reasonably and they have to support with compelling evidence each and every decision they make.
It's always worth enquiring whether the Authority has followed its own scheme of delegation to officers when considering planning matters of all kinds.
The case also demonstrates the need for professional assistance when clients are faced with such matters.
Head of Planning Law at DF Legal LLP
63 High Street
DX 11405 Tewkesbury
13 The Southend
DX 27288 Ledbury
1 North Place
DX 7452 Cheltenham
DX 58811 Stroud