Case Histories – John Brearley Planning Lawyer

My aim is to debate all the planning issues and optimise team effort so that the ‘whole is greater than the sum of parts.’

20 Acre Site – Working with leading counsel and other consultants over several years, finally gaining permission on appeal for housing development in place of industrial use. Drafting unilateral obligation and s 106 Agreements. Negotiations with LPA on Planning Brief and other aspects to position the site for profitable disposal.

Working in conjunction with client’s property lawyers dealing with developer claims for abnormal expenses arising out of disposal contracts. Working with consultants expert in those fields, I was responsible for successfully rebutting claims based on design, sustainability and highways matters, with those claims ultimately being withdrawn entirely. Success was dependent on my analysis and deconstruction of the claims to demonstrate their ineligibility.

Acting for developer on the detailed working up of proposal to develop PDL in the Green Belt for very high design quality/high sustainability housing and the evolution of a case to establish very special circumstances justifying development in the GB. Working with leading counsel and a range of experts to produce a suite of reports for the application. After the LPA refused the application, overcoming Planning Inspectorate & LPA resistance to the granting of a Public Inquiry on the basis that the LPA had misapplied GB law. Regrettably the developer then fell victim to the credit crunch and could not continue with the appeal. However, the scheme is again in prospect.

Overcoming enforcement notice on appeal and establishing lawfulness of residential caravan use in the GB & acceptability of replacement dwelling where a former one had been destroyed by fire and previous appeal to replace it had been lost. Also, overcoming flooding and other issues and winning costs on the appeal.

Acting for resident of AONB/Conservation Area/Listed Building threatened with bad neighbour, motocross development. Working with counsel, using judicial review to induce the LPA to submit to quashing of two successive resolutions to grant planning permission and then to take enforcement action. This led to abandonment of the use and restoration of the land.

Acting for developer of high quality/high value London apartment block. Dealing with claims for planning gain by the LPA that threatened to render the scheme unviable. Negotiating s 106 terms which enabled the scheme to be completed profitably by exempting contribution to affordable housing, unless other benefits secured by the agreement were not delivered, and completing the agreement on that basis.

Obtaining certificate of lawfulness for residential unit following the failure by planning consultants and solicitors to obtain a LDC on 5 previous attempts.

Obtaining LDC to demonstrate 10 year breach of agricultural occupancy condition, enabling the property to be marketed at its full value and incidentally establishing the existence of a contractors yard and storage use on adjacent land, in order to pave the way for an application for replacement residential development.

CPO matters where I engineered best obtainable compensation for clients by resorting to certificates of appropriate alternative development and other procedures and legal principles. Liaising with surveyors and counsel and utilising their input in negotiations with local authority surveyors and solicitors.