Planning permission is required for all development on land or property that is not classed as within permitted development regulations. Securing permission is often difficult; securing the permission that gives the client what is needed, is fundamental.

We have extensive expertise in all types of planning application submissions in both Scotland and England for all types of the development industry and also private individuals. These include:

•   Planning Applications in Principle;

•   Detailed Planning Applications;

•   Applications to vary conditions of an existing consent;

•   Approval of Matters contained in a Condition;

•   Cross Boundary Applications;

•   Listed Building Applications;

•   Applications for Conservation Area consent;

•   Applications to renew consents; and

•   Major Development Applications.

We have the ability to:

•   Advise on strategy and tactics;

•   Pre-application discussions and negotiations with the planning authority and stakeholders;

•   Project manage the preparation of applications;

•   Manage community/stakeholder engagement;

•   Negotiate planning permissions, including the contents of legal agreements; and

•   Co-ordinate appeals, call-ins and legal challenges.

We offer a bespoke service and apply our skills on complex major projects and to small scale private projects.

Land and property has an existing value based on the current use. By gaining planning permission for a new type of use, value can be increased without the need to actually undertake the development.

Land and property can also be effected by the proposals of others on neighbouring land or strategic developments effecting a community. We can assist by increasing the value of your asset or protect it from damaging 3rd party development.

•   Advise on land and property value maximaisation;

•   Planning applications to increase value for land disposal;

•   Representations to Development Plan for site allocation; and

•   Detailed Objections to neighbouring development.

Each and every Clients development needs are unique and need a bespoke service to ensure that the maximum land use and property value is achieved. Felsham Planning & Development offers a bespoke service that deals with the nuances of each individual situation.

Development viability is at the heart of the planning and development process.  We help clients to ensure that their developments are viable and deliverable through the provision of expert evidence and strategic advice throughout the development cycle.

Identifying the opportunities and constraints of a potential development site is an essential starting point for any project.

We are experienced in analysing the development potential of a site and supplying our clients with a clear assessment of the probability of securing planning permission.

Economic and planning policy conditions continue to put pressure on the profitability and deliverability of development projects. Viability appraisals and evidence are increasingly becoming the key to unlocking constraints and bringing forward development.

We apply our in-depth understanding and knowledge of local and national markets to ensure robust viability evidence, founded on commercial reality.

We can advise on individual development projects, strategic land portfolios, large strategic development projects and regeneration proposals.

We support our clients by:

•   Appraisal of the suitability of a site for a particular use and advising on strategy options;

•   Appraisal of prospects for a variety of uses for a site and advising on value and best prospects for planning permission;

•   Undertaking the planning due diligence ahead of acquisitions;

•   Undertaking the planning due diligence ahead of funding proposals and investment; and

•   Identifying developer contributions and economic viability.

We understand the need for Clients to minimise the exposure to risk for themselves when completing deals or prospective investments. The argument for more detailed search due diligence is becoming ever more compelling in competitive financial markets.

Putting together a due diligence team means finding people with the right skills and experience to cover your key risks. Consider each deal on a “case-

by-case” basis to identify the specialists relevant to your deal. When you bring in specialists early, you can identify risk areas and value drivers upfront, before fieldwork begins. Felsham Planning & Development can deliver :-

•   Due Diligence : Analysis of planning history and clear and succinct advice to assist with property purchase and other contracts; and

•   Evidence in support or defence of claims relating to professional negligence.

We are experienced in finding development opportunities by combining on the ground site searches and spatial analysis.  We can map existing development and apply our understanding of the local economic and social landscape to clearly identify deficiencies and future demands.

Our blend of commercial understanding and planning knowledge enables us to identify realistic and deliverable development opportunities for a range of land uses from residential, to commercial and retail opportunities.

We can assist with land delivery through preparing site assembly strategies.  We have extensive experience of preparing Compulsory Purchase Order strategies and preparing expert evidence for inquiries.

Most planning applications are subject to some form of public consultation. Consultation is a process of dialogue with neighbours, members of the public and/or stakeholders. Consultation can inform a decision about a new proposal or policy. The extent of public consultation depends on the type and scale of the application.

Effective and consistent consultation can help inform good and responsible decision-making and ensure that those decisions - and the actions that flow from them - properly reflect the proposal.

We can advise on and undertake:

•   Stakeholder consultation on all types of application;

•   Stakeholder negotiation;

•   Consultation and exhibitions for mandatory consultation exercises - for example Major Planning Applications;

•   Pre – Application Consultation exercises;

•   Consultation Reports;

•   Co-ordination of Exhibition Materials;

•   Political lobbying;

•   Leafleting; and

•   Creation of animation packages for proposal promotion through website and in support of applications.

We can prepare technical studies in support of development proposals and planning applications. For example:-

•   Application supporting statements;

•   Retail Impact Assessments;

•   Economic Impact Assessments; and

•   Housing Land Assessments.

We can provide a service that goes beyond undertaking the surveys ourselves and involves a service offering including design and commissioning of surveys, project management of surveys and reporting and analysis of results.

Planning Applications and development plan allocations can raise many different technical issues before or after their submission to a Council.

Once a strategy has been agreed, it is necessary to recruit, brief and manage a suitable professional team. Planning application material should be consistent, and make the planning case as effectively as possible. We are the best placed to achieve this.

We can provide a service that goes beyond undertaking the surveys ourselves and involves a service offering including design and commissioning of surveys, project management of surveys and reporting and analysis of results. These technical reports can consist of:-

•   Traffic Impact Assessments;

•   Environmental Impact Assessments;

•   Noise Impact Assessments;

•   Flooding Impact Assessments; and

•   Odour Impact Assessments.

Felsham has a significant contacts network and works closely with other professionals and can advise on the appropriate skills required to deliver an instruction and can recommend the consultants best placed to form the professional team, including

•   Architects

•   Urban Designers and master planners

•   Ecologists

•   Noise & Odour Consultants

•   Engineers

•   Traffic consultants

•   Environmental specialist

•   Surveyors and valuers

•   Solicitors and Advocates

•   Political lobbyists and public relations consultants

•   Graphic Designers, Exhibition and Animation Specialists

It is important that the expert fits the technical needs of the proposals but fits the Client also. Felsham can ensure that through their network of consultants that the right contact can be achieved.

We provide support to clients involved in planning, property and disputes and litigation. We combine in depth technical knowledge with substantial experience to prepare and present expert evidence to a wide variety of Inquiries, Hearings and other Tribunals.  We provide specialist evidence on land use and planning policy,  retail impact, employment land, housing capacity and forecasts, regeneration and economic development. These include:

•   Planning Appeals (refusal, deemed refusal);

•   Section 78 Appeal and Call-in inquiries;

•   CPO, Enforcement and other forms of Public Local Inquiry;

•   Development Plan Examinations;

•   Lands Tribunal; and

•   Judicial review.

We also offer the following services:

•   Due Diligence : Analysis of planning history and clear and succinct advice to assist with property purchase and other contracts; and

•   Evidence in support or defence of claims relating to professional negligence.

Legal agreements and payments connected to infrastructure are now standard costs required to be factored into new development projects. As the process of negotiating legal agreements becomes increasingly difficult, it has become essential for developers to seek assistance, especially when dealing with infrastructure payments.

The implications of the costs imposed through a Section 106 / 75 Agreement (or Unilateral or Bi-Lateral Undertaking) can sometimes result in a development becoming unviable.

In England & Wales the financial implications attached to planning permissions will further change with the introduction of the Community Infrastructure Levy (CIL). This tariff is being slowly introduced by Local Authorities, and is seen by the government as a way to end long negotiations and frustrations caused by Section 106 Agreements.

CILs will also apply to developments that would not previously have needed to make infrastructure contributions.

We have the specialist knowledge and negotiation skills to advise and act on behalf of our clients, to intercede the terms of a legal agreement, and ensure projects remains viable and profitable.

Felsham Planning and Development can assist with:-

•   Section 75 Agreements;

•   Section 106 Agreements;

•   Community Infrastructure Levys (CIL);

•   Unilateral Agreements; and

•   Bi-Lateral Agreements.

We also have legal contacts to enable the efficient drafting of legal agreements following the agreement of the deal parameters.

The UK planning system is complex, and constantly evolving. The planning system has an impact on everyone. Government requires Councils to prepare development plans which are the basis for decision making on planning applications. They contain a strategy for the future development of an area and set out policies and proposals to guide future development and use of land. Decisions on how and where development will take place are influenced by statutory documents.

We are experts in planning policy and can advise on:

•   The Development Plan process;

•   Making submissions to ensure that your development has policy support in the development plan;

•   Objecting to proposals in the Development Plan that will have an impact on your land or property; and

•   How planning policy will effect your land or property now and in the future.

These statutory Development Plan documents are:

Scotland

•   The National Planning Framework: this sets out, at the national level, the Scottish Government’s strategy for the country’s spatial development, including schemes of national importance.

•   A Strategic Development Plan: these are produced for Scotland’s four largest city regions. They set out a long term (20 years or more) spatial planning strategy indicating in broad terms where future development will be located and what’s required to deliver it.

The Strategic Development Plan, together with the Local Development Plan and any associated supplementary guidance, form the statutory Development Plan.

England & Wales

•   The National Planning Policy Framework sets out the government’s planning policies for England.  The Framework sets out planning policies for England and how they are expected to be applied. It provides guidance for local planning authorities and decision-takers, both in drawing up plans and making decisions about planning applications.

•      The local development framework replaces the previous system of county level structure plans and district level local plans, and unitary development plans for unitary authorities.

The Local Development Framework and any associated supplementary guidance, form the statutory Development Plan.

Buildings of special architectural or historic interest are given ‘Listed’ status and as a result require special protection. Listing protects the whole building both inside and out and often other buildings and features within its curtilage. Listed building consent is required for demolition of a listed building and for any works or alteration (both internal or external) or extension which will affect the character of the building.

A Conservation Area is an areas of special architectural or historic interest the character and appearance of which it is desirable to preserve or enhance. Conservation Area Consent is required for demolition of buildings located within a designated Conservation Area.

We are able to provide specialist advice on the impact of development proposals on historic buildings and buildings.  We are also experienced in negotiating with Historic Scotland and English Heritage, local authorities and other interested parties in order to secure planning and listed building consent.

We have secured consent for conversion of a Category A Listed building (former Mill) to residential and commercial development. See our Track Record Section – Listed Building