planning: getting you from design to development

planning getting you from design to development

Did you know? • Around 400,000 properties in England are yet to be constructed despite having received planning permission, according to research last year from the Local Government Chronicle and Glenigan.

“As any good developer will tell you, a quality plan must also have quality implementation to be successful.

Clients want to have confidence that they can turn to lawyers who have a strong knowledge of planning law as well as the entire development process. A well-drafted document is one thing but handling objections from residents or problems with local authorities requires a further set of skills�

Christine Hereward, Partner and Head of Planning, Howard Kennedy

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Making plans a reality You’ve finalised your drawings, completed your research and crafted your planning application.

Lodging the application, however, is just the first step. Your application, of course, needs to be put together effectively to secure permission but obtaining that permission on the most advantageous terms is where the real challenges can arise.

In theory, obtaining planning should be straightforward. Applications should take between eight and 13 weeks to clear, depending on the size of the development, under the statutory time limits. In reality, the process can take much, much longer. Some issues are obvious, like managing and tracking the application with the local planning authority (LPA) but it is the unseen issues that are the major hazard.

Local residents or adjoining landowners may take exception to your development and complain about everything from the inconvenience of works, to noise and disturbance and to privacy. Sometimes, objections are about preventing a development. Other times, they are more about obtaining a financial settlement for inconvenience.

Either way, if these issues are not anticipated or resolved efficiently then costs can spiral and timeframes can slip. Our goal is to secure your planning permission as swiftly as possible and for minimal costs so you can get on with developing.

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Our services Our advisers provide you with detailed and sophisticated advice on your planning and environmental needs. The team works with developers on all aspects of planning law, from advising on applications and handling appeals to advising on planning conditions and agreements. Specific examples include: • A dvising on and co-ordinating planning applications, appeals and inquiries • S.106 negotiation and agreement drafting • Advice on the likelihood of obtaining planning consents • Listed Buildings • Pre-application submissions • Representing objectors to planning applications • Enforcement matters.

Our team is led by Christine Hereward, who has a strong background both in private practice and in-house. Before joining Howard Kennedy, she served as Head of Planning Law at Westminster City Council, providing her with invaluable insight into how the planning process functions within local government. She led projects such as Leicester Square, One Hyde Park, the Supreme Court judicial review and Victoria Transport Interchange.

The practice has a particular focus on sites in Westminster, Kensington & Chelsea and Camden. Christine is a member of the Westminster Property Association.

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Market insight “ It is common for the statutory time limits to be exceeded with controversial schemes; I’ve known developers to spend five years trying to secure planning permission.

In certain pockets of London, such as Kensington & Chelsea, the West End and Hampstead, local residents defend their areas passionately. Managing objections is as important as the planning documents themselves.

There is no point in having a great scheme if you can’t get permission to build it.”

Christine Hereward, Partner and Head of Planning, Howard Kennedy

Recent work advising • T he Trocadero, Leicester Square. The owner (Criterion Capital) on S.106 and CIL issues on a redevelopment scheme which includes a 583 bedroom hotel, drafting and settling of S.106 planning obligation with Westminster City Council

• H unting Butts Farm, Cheltenham. Galliard on S.106 issues on a large residential development on land at Hunting Butts Farm. Drafting and settling of the S.106 Undertaking lodged as part of the case at Public Inquiry

• T he Shard. Aqua Restaurant Group on planning aspects of their lease of the Atrium floors of The Shard for use as two high-class restaurants

• C hiltern Street, W1. Advising the Galliard Homes and Frogmore joint venture on S.106 and public law issues on a mixed use redevelopment of a former Westminster owned multi-storey car park in Marylebone.

• L lanwenarth House. The owner of this Listed property (amongst the highest value houses in Wales) on an intended prosecution by the Brecon Beacons Park Authority • 2 9 New End, Hampstead. The developer on the redevelopment of New End Nurses Home into 17 residential apartments, drafting and settling of S.106 planning obligation for Planning Inquiry against London Borough of Camden 4

• R esisting in an application for a Planning Enforcement Order (Section 171BA) sought by a London Borough.

Case studies Sites at 54 Russell Gardens (formerly “The Kensington Tavern”) and Elsham Road, London, W14: Securing of planning permissions for primarily residential redevelopment.

Included negotiating and drafting of S.106 planning obligations. Basement scheme won on appeal against the Royal Borough of Kensington & Chelsea.

Bravo House, Kilburn High Road: Securing planning permission at Inquiry for retention of 82 studio flats (C3) under the 4 year rule.

St Giles Circus, London, WC2: Advising the developer on this innovative large mixed use redevelopment, which includes an urban gallery with 1912sqm of internal LED screens also drafting and settling of the S.106 planning obligation with LB of Camden.

5-9 Great Newport Street, London, W1: Advising the developer on the planning application for a new Theatre Arts Club and 66 bedroom boutique hotel in Soho. Also drafting and settling of the S.106 planning obligation with Westminster City Council.

Christine Hereward is “a lawyer who thinks completely outside of the box and has the utmost commercial view on planning matters. ” Chambers and Partners: A Clients Guide to the Legal Profession 2013

Key contacts Christine Hereward Partner (Non Member), Head of Planning christine.hereward@howardkennedy.com +44 (0) 20 3755 5498 Key Clients Galliard Frogmore Properties Merchant Place London Bath Estates City & Docklands Sydney & London Properties Aqua Criterion Capital Consolidated Developments Kitewood Indigo Scott Lowy Group Mizen Bravo Investment

Christine offers “attention to detail and a focused, tenacious approach to resolving issues.” She is creative, intelligent and works very well as part of the team.

No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com