There are many reasons why you may have become involved in a Town and Country Planning Act dispute. However, if you have and you feel that your commercial interests are being compromised, then Oratto's member solicitors can help lead you to a satisfactory solution.

When do I need to apply for planning permission?

If you are planning a development, then you will need to ascertain whether or not it needs planning permission. If it does, you will need to submit a planning application with the accompanying fee and supporting documents. The main types of applications are for:

  • full planning consent
  • outline planning consent
  • conservation area consent
  • listed building consent

Applications for planning permission through a local authority fall under the remit of the Town and Country Planning Act. Clearly, contention may arise; especially if the proposed site for development is large. Researching your plans thoroughly before submission may reduce your chances of refusal. In this situation, good, solid legal expertise is essential and Oratto member lawyers are ideally placed to help you avoid Town and Country Planning Act disputes.

What sort of disputes may arise under the Act?

No matter how well laid your plans are, sometimes there will be problems. The most common disputes under the Town and Country Planning Act come from section 172 and section 179. The former covers the breach of planning control enforcement notice and the latter is used to instrument prosecution. Oratto member commercial property lawyers are experts in analysing complex sections of law. Your member solicitor will be able to assess your situation and advise you accordingly, either via phone, email or face to face.

If you have been involved in a Town and Country Planning Act dispute and it has been found against you, then there are options. Consulting an Oratto member solicitor is a good start to working your way through the appeals process. Due to changes implemented by the Planning Act 2008, the first stage of most appeals will be dealt with by written representation. If, after the first stage, you still feel that this hasn't solved your dispute, then there is recourse through the medium of Judicial review in the High Court by the Secretary of State. However, in practice this rarely happens.

Whatever your Town and Country Planning Act dispute, contact Oratto for expert legal advice from our member solicitors in commercial property law. We will assess your circumstances and help you find the way forward to the best solution, and the most appropriate legal advice, for you.