Planning Enforcement

Few of us want to experience the unpleasant feeling or hassle of receiving an Enforcement Notice or a Planning Contravention Notice (PCN). The local planning enforcement team, working for the local council, will send notice when they have reason to believe that building operations or the use of land has taken place without the correct planning permission in place.

The notice will tell you that you need to stop or modify the current works or use, which can require the removal of expensive building operations, or for the use of land or buildings to stop, potentially restricting your income or livelihood.

The first thing to do is try not to panic, but do not ignore the enforcement notice. Usually, you have just 21-28 days from the date the notice is served on which to respond.
Many enforcement cases can be resolved by talking to the Council, but sometimes they need to be challenged at appeal.

Please speak to us, we can carry out a free review of your case and using our years of extensive expertise, advise on your best next steps.

Enforcement Time Restrictions

Enforcement in Planning is a serious matter and arises in situations where there is a breach of planning control.  In deciding to take Enforcement Action, Local Planning Authorities have a range of powers to exercise, which should be used in a proportionate way, in the public interest

The Local Planning Authority has time limits for taking enforcement action, these are:

  • 4 years for “substantial completion” for a breach resulting in operational development (i.e. building works).
  • 4 years for an unauthorised change of use to a single dwelling house.
  • 10 years for any other breach of planning control (essentially other changes of use or breach of planning condition).
  • In the case of unauthorised works to listed buildings, there is no time limit.

In exercising the powers, any Local Planning Authorities will typically invite a planning application to be submitted to regularise the situation in the first instance, before moving onto using other powers.

We never charge for that initial conversation and investigation into your site or development and we always give you a free initial assessment of your chances of success.

Contact us for your free initial assessment

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Why Choose Us?

Our focus is the successful resolution of the breach.

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Open, honest and frank advice.

Ability to work at speed whilst focusing on the detail.

We are here to support you and help you navigate the enforcement process. Whatever the origins of the breach, it is essential that you have the right advice to allow you to make the right decisions to resolve the enforcement action. We will provide you with that advice.

Where there is an Enforcement Notice to be dealt with, we will give you the benefit of our detailed technical understanding of all aspects of the planning system, to seek a resolution, appealing to the Planning Inspectorate if necessary.

Resolving enforcement matters is also a question of diplomacy, we fully appreciate that this is a stressful time for all involved and by focusing on maintaining an open and constructive dialogue with Officers, it can take some of the stress away, allowing decisions to be made with a clear mind.

Retail & Public Sector

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We help deliver vital public infrastructure to help build stronger communities.

We work with various public sector partners, including local government, Town and Parish Councils and County Councils, to guide important infrastructure projects through the planning process. Taking a collaborative approach with councils and communities helps us understand all parties' needs and deliver the projects required.

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Commercial

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A thriving economy is reliant on a buoyant commercial sector - we help deliver the permissions companies need.

We have comprehensive experience in promoting commercial sites for different uses across a diverse range of locations and overcoming a variety of scenarios. Our approach and expertise seek to understand and address environmental and social factors to maintain the integrity of our clients while ensuring the timely delivery of projects.

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Residential Development

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We get results on a wide range of development projects – from single homes up to strategic sites.

Our expertise in supporting development projects from single homes up to strategic sites allows us to work on one of the biggest challenges the UK experiences; delivering housing to meet demand. We take an innovative, collaborative and strategic approach to sites in developed and undeveloped areas, including those that are allocated for homes and others in the promotion phase.

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Health Care

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We help put in place the amenities that support communities and provide much needed medical care for our population.

We work with care providers on projects helping them implement or improve infrastructure in order to provide the very best medical facilities for the community. Experience shows us that a collaborative approach is required to understand the needs and desires of all interested parties and to achieve the best outcome.

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Rural & Estates

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We are proud of our record in the rural economy and our role in the countryside.

Our expertise includes offering advice on agricultural development, diversification and redevelopment projects for rural clients and estate managers. We have experience working with agricultural advisors and agents, giving us valuable links and insight into the community. Our membership of the CLA, AVA and support for the RAU is invaluable to our work.

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Private Client

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We guide our private clients through the planning system to realise their hopes and dreams.

Our highly experienced consultants offer their expertise and discretion to guide private clients to realise their hopes and dreams. We take the time to get to know our clients and work out how to achieve their project ambitions on time and on budget.

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Home Owner

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Create the home you want and need

We work with homeowners and their architects or designers to offer comprehensive support in obtaining planning permission for their home modifications, extensions or outbuildings; an area particularly popular with the increased numbers of people choosing to work from home in recent years.

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Our clients

Our focus is our clients, delivery results and building lasting relationships. Since our foundation in 2009, we’ve worked with a breadth of clients that stretch from individuals realising a development aspiration to FTSE 100 listed companies with dedication to our client’s needs at the core of every engagement.

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We have used McLoughlin Planning (London) on two or three occasions and found them efficient, knowledgeable and excellent at negotiating with Local Authorities and third parties. Their concise and specific advice helped us win approval for schemes which had previously been notified for refusal. We would not hesitate using them again for planning issues in London.

Rob Haine Haine & Co. Ltd.

Having worked with Nathan and his team for a number of years, I have found he offers a rare combination of intellectual rigour and practical focus, coupled with a commercial approach. He is solution orientated and capable of delivering on accelerated timelines for clients at the highest level with exacting standards and positive results.

Craig Jordan Jordan Hennessy

I have known Nathan for over 10 years and have used his services to great effect where professionalism, tenacity and a clear focus have been required, to deliver successful results. With a cool head, aligned with attention to detail and commercial acumen, he and his team work effectively and diligently and we look forward to engaging on other projects in the future

Grant Westall-Reece Avant

Working with McLoughlin Planning has been very enjoyable. I have always found the team knowledgeable and easy to work with. They have always been professional and have managed to achieve the results desired.

Matt Richardson Legal and General Homes

We have used Nathan and his team to help with a range of planning matters on a number of occasions. I have always found them to be extremely helpful, responsive and proactive. Nathan always makes himself available for phone calls and or meetings. He is especially patient and good at explaining complex matters in a very user friendly way.

Mark Lawson The Buying Solution

We have worked with McLoughlin Planning for many years and have always been very pleased with level of service in helping us navigate the ever-changing planning system. I also never cease to be impressed by the answers to the completely random questions I ask Nathan about possible new sites, normally in several different locations at one go.

Ian Hitchings Partridge Homes (Cotswolds) Ltd

After many years of working with Nathan and his team, we know we can trust their planning opinion. They often provide a solution that demonstrates Planning experience and expertise and the benefit of their input is measured by the planning approval success and infrequent need to go to appeal on a decision.

George Paton WebbPaton

We have consistently used McLoughlin Planning to successfully promote greenfield development sites in a variety of locations. Aside from their technical capabilities, we also value their considered approach to projects - particularly when dealing with delicate and complex planning issues. This makes them a natural part of our team.

Alistair Watson Welbeck Strategic Land

Projects

PiP application approved, in the London Borough of Lewisham

McLoughlin Planning are pleased to have helped secure Permission in Principle for up to 6 residential flats in the London Borough of Lewisham. This is the first Permission in Principle application determined, and approved, by this London Borough.

The landowner approached us to help find opportunities to holistically enhance and expand an existing mixed-use commercial and residential property to provide additional apartments. Through our initial planning research, we found evidence of neighbouring regeneration taking place and upward extensions permitted on other corner plot properties within the Borough offering comfort that such a proposal could be supported. However, because of site specific planning constraints (such as a nearby listed building) and the Council’s lengthy planning validation requirements for a project of this nature, the landowner wanted some reassurances from the Council that in principle the proposed development could be supported before investing in the work required for a full planning application.

Permission in Principle applications (PiPs) are a useful planning tool for landowners seeking to initially secure an “in principle” agreement with a Council on their proposed development. The application type considers only the location, land use and amount of development. PiP’s are limited to up to 9 residential units and therefore are suited for smaller rural development proposals or intensification or smaller brownfield developments in urban areas.

Following submission, as this was the first PiP in the London Borough of Lewisham, McLoughlin Planning worked closely with the Council to help ensure the Permission in Principle application was being determined correctly and to assist with providing additional information and reassurances (where required). Working with a proactive case officer, we are pleased to have successfully provided the landowner with the required comfort for a new sustainable development, and a new local case study on the benefits of Permission in Principle for property owners within the Capital.

📞 If you would like a FREE initial consultation call, then please get in touch!

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Planning Success for a New Dwelling in Stow-on-the-Wold Town Centre

We are delighted to confirm that McLoughlin Planning was instrumental in obtaining planning permission for the change of use of a Bed & Breakfast (Use Class C1) into a new dwelling (Use Class C3).    

Securing a residential use in a town centre location 

The proposed change of use raised a number of key planning considerations which had to be carefully navigated, as the 18th century property is situated in a Conservation Area and within the Cotswold National Landscape.   

But the main planning issue was related to the Principle of Development, given the property’s location in Stow’s defined town centre. This area is zoned for commercial uses, meaning new residential development is not usually supported. Despite this constraint, McLoughlin Planning was able to persuade Cotswold District Council that in this case, a residential use in the town centre was appropriate.  

Our pragmatic approach, nuanced analysis of policy and site context, and the presentation of a strong fall-back position secured the planning approval for this change of use and the further evolution of this historic building, which will now become a family home.  

Moving towards a mixed-use High Street? 

Councils tend to have policies prohibiting new dwellings in town centre locations, mainly to ensure the ‘vitality and viability’ of the High Street is maintained. However, applications like this demonstrate it is possible to obtain permission for a dwelling in commercial centres. As our High Streets evolve, there is increasing recognition that the introduction of modest amounts of residential uses within town centres can contribute to, rather than diminish, the activity in town centres.  

How we can help 

Do you own or are you interested in purchasing commercial property in a town centre with a view to changing its use to residential? If so, then please contact us through either our “Arrange a Call” tab on our contact page or via the email and telephone number provided below. 

Joe Seymour – Associate Director 

E: joe.seymour@mplanning.co.uk 

T: 01242895008 

Image source: Knight Frank Estate Agency

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I'm a listed building owner, at what point do I require consent?

According to Historic England, there are approximately 500,000 listed buildings on the National Heritage List for England (NHLE), varying from Grade I, II, II* listed buildings marking their contribution to special architectural and heritage interests and to protect these assets for future generations. Those who own a listed building and intend to undertake repairs, restorations, alterations, or extensions to their property may likely require either planning permission or listed building consent (possibly both!).

The challenge with determining whether you need Listed Building Consent is that often even works which may be considered “simple” may require consent. It is often a fact and degree assessment, considering the level, scale or intensity of the work proposed. If you undertake works to a listed building, where consent is required, it is a criminal offence, and the Council could take Enforcement Action.

This uncertainty can often prove challenging when trying to retrofit and improve the energy efficiency of listed buildings (EPC rating) to provide a more sustainable home or business. For example, installing an EV charging point, replacing, or adding secondary glazing or installing an air source heat pump/solar panel often require Listed Building Consent and/or Planning Permission. As Listed Building Consent applications can take approximately 8 weeks to be determined from validation as well, ensuring you capture all works within your application is important to help avoid delays to your project.

Seeking expert advice can help in determining before work commences whether Planning or Listed Building Consent is required. Working in partnership with experienced heritage consultants and architects, we have helped guide and support owners in securing their retrofit aspirations. Some examples to illustrate our recent experience working with listed buildings include:

  • Consent for an EV Charging Point to a Grade II Listed Manor in the Cotswolds with Cotswold District Council.
  • Replacement Windows and other Internal/External Alterations and Upgrades on a Grade II listed Hotel adjoining Hyde Park with Westminster City Council.
  • Retrospective Listed Building Consent for the installation of Windows, Doors, and Internal Appliances in a Grade II listed home with Cheltenham Borough Council.
  • Alterations to Shopfront on a Grade II* listed shop on Cheltenham’s Promenade with Cheltenham Borough Council.
  • Replacing Roof Tiles on a High Street Store in Wooten under Edge with Stroud District Council.
  • Providing a Planning Appraisal and Advice for the holistic enhancement of a Grade I Listed Manor in the Southwest of England.

 

If you are considering works to your listed property and are not sure whether you may require planning or listed building consent, then please get in touch with one of our experienced planning consultants for an initial FREE consultation.

T: 01242895008

E: info@mplanning.co.uk

Alternatively, you can book a meeting via the “book an appointment” contact form on our website.

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First Permission in Principle in the London Borough of Sutton Secured for 9 Flats

McLoughlin Planning is pleased to have helped a property owner secure Permission in Principle (PiP) with the London Borough of Sutton for an upward extension (airspace) development for 9 new flats. This is the first approved Permission in Principle granted by this London Borough.

Due to the significant number of reports and plans required through validation for full planning permissions, we have been approached by SME developers to find a means of managing development risk and to ensure the principle of their aspirations is something which can be agreed with the Council before investing in the technical work required. This is particularly applicable to constrained inner-city urban development sites where upward extensions for airspace development can be met with resistance.

Following previous success in London in using Permission in Principle, we worked with the landowner to develop a scheme which could be presented through a PiP to secure the principle of airspace development for the property. As this application type considers only the location, land use and amount of development, the level of supporting information is a fraction of a full planning permission. Whilst it does not remove the considerations and risks of subsequent technical considerations, it does provide an opportunity to agree with the Council whether the amount (i.e. number of residential flats) and location of the airspace development is acceptable. As PiP’s are limited to up to 9 residential units, this type of proposal is ideally suited for smaller development proposals in urban areas.

Following submission, McLoughlin Planning worked closely with the Council and case officer to ensure the proposal was being determined correctly and to agree with the officer on the appropriate amount of development which would be realistic to approve for further technical consent.

We are so pleased to have helped provide the landowner with reassurance through the PiP of their property’s development potential and to secure another first with a London Borough.

📞 If you would like a FREE initial consultation call to explore whether your property could benefit from PiP, then please get in touch!

 

Chris Moore,

chris.moore@mplanning.co.uk

01242 895008

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Get in touch

If you are interested in finding out how we can help you please get in touch

Contact us Arrange a call