When you have planning issues or concerns relating to your own property the situation can quite quickly feel very personal. Whether you have a neighbour objecting to your proposals or are having difficulties with the local authority planning department, we will use our extensive planning law experience to ensure your matter proceeds with the minimum fuss and disruption.
Nicolas Kingsley-Smith heads up our Planning Law Team and is a member of the Solicitors Regulation Authority's Planning Law Accreditation Scheme, and a Legal Associate of the Royal Town Planning Institute. For immediate assistance on any planning matter you can call Nicholas on 01634 811 118 or email Nicholas.
We have experience in the following areas – please click on any subject for more information:
- Planning Permission
- Planning objections
- Permitted Development Rights
- Party Walls
- Conservation Areas and Listed Buildings
- Trees and Tree Preservation Orders
- Rights of Way
- Rights to Light
- Restrictive Covenants
- Boundary Disputes
- Breach of Condition Notices
- Planning Contravention Notices
We have specialist solicitors to help you if you are planning to make home improvements or have a building project including:-
- additions or extensions to a house, flat or maisonette
- dividing your home
- building a separate house in your garden
- self-building on your own plot
We can also advise you if:
- you wish to object to a planning application
- you are adversely affected by your neighbour’s building work
We can deal with planning issues, contracts with architects, builders and other professionals, and the many complex legal matters that may affect property development. If you are going to self-build, we can advise you on the purchase of land, and throughout the self-build process.
Planning Permission
Each local authority varies widely in its application of planning laws. Our local knowledge and experience could make a difference to the outcome of your planning application, or your appeal against a planning refusal.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Planning objections
Do you object to your neighbour’s application for planning permission, and are you unsure how best to make your case? Is there a planning proposal in your area that will affect you, and against which you want to make a protest that will have real impact? Do you want to become an important third party in a planning appeal? These are all areas in which we specialize.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Permitted Development Rights
These rights define what you can do to an existing property without planning permission. However, it is important to check that earlier changes to your property have not exhausted your Permitted Development Rights, and that it is not affected by an Article 4 Direction. Even when your proposals do not require planning permission, we recommend you obtain a Certificate of Lawful Development.
Permitted development rights are a regularly misunderstood area, even by professionals and Councils: the new GPDO of 1 October 2008 has triggered further controversy. Nicholas is asked daily to advise on the correct approach and remedies.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Party Walls
Many changes to existing properties will involve a party wall. Anyone carrying out work on a party wall, or building a wall on a boundary, or excavating near a neighbouring building must give their adjoining owners notice of their intentions. We can advise you on your rights, and your duties under the Party Wall Act 1996.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Conservation areas and Listed Buildings
Conservation areas are concerned with preserving exterior features of buildings. Listed Buildings rules concern both the exterior and interior of buildings. The Listed Building Act 1990, Listed Building curtilage, and Conservation Area designations are all issues that may have vital importance for you. Our experience throughout the south east of England involving all these issues is available to you.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Trees and Tree Preservation Orders
Trees regularly cause problems in planning proposals. They also provide a useful tool for objectors. We work with the leading experts in respect of trees throughout the south east of England. It is wise to secure good advice from us about the potential implications of trees in relation to planning and building issues.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Rights of Way
The existence of a public right of way is not always obvious on a site where you intend to build. However, blocking a right of way could result in an order to demolish the building. It is always prudent to request our solicitors to carry out checks for you.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Rights to light
If you are building an extension to your house, or a loft conversion, it may affect your neighbour’s light. Rights to light can be a significant cause of disputes and should always be considered when planning a building.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Restrictive Covenants
A restrictive covenant can affect all future purchasers of a property. It may have been imposed when the property was originally built, and it may be necessary to contact the original developer if you wish to make an extension or alteration to your house. We can check the Deeds for you and, if necessary, advise on an application to the Lands Tribunal to have a restrictive covenant removed.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Boundary Disputes
Some of the most protracted civil cases in the courts have concerned boundary disputes. It is essential that you know precisely where your boundaries are before building commences. This may necessitate careful checking of the Deeds to the property and Land Registry records. We would be glad to carry out these checks for you, or to advise you in cases where your neighbour is encroaching on your land.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Breach of Condition Notices
If you fail to comply with a condition in a planning permission, you may receive a breach of condition notice from your local planning authority. It will need careful attention and prompt action. It may be possible to vary or omit the condition from the planning permission in order to resolve the problem. We can provide you with immediate advice. Let us guide you.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
Planning Contravention Notices
Planning Contravention Notices enable the local authority to require detailed information about suspected breaches of planning control. When they relate to residential property, such notices might put the owner’s security at risk as well as the security of the lender. However, if they are responded to with care, it may be possible to avert enforcement action.
We can help you to avoid the potential financial penalties of non-compliance with a Planning Contravention Notice, and the possibility of a formal action for breach of planning control.
Contact Nicholas Kingsley Smith - Telephone 01634 811 118
