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Planning

Planning

Planning law (whether policy, legislation, case law or appeal decisions) is continuously evolving and despite repeated attempts by a succession of ministers, the planning system is more complex than ever before.

We are passionate about helping clients navigate the complexities of this specialist area of law. Our knowledge and skill in this area of law allows us to advise clients on a broad scope of matters, from the developers of the UK’s largest schemes to institutional investors, to residential and industrial and logistics developers, to land promoters to individuals of prime residential property and rural estates.

This huge variety means we act for all participants in the planning process and as a result we can provide tailored advice at the same time as anticipating potential issues and addressing them in a proactive and commercial manner.

At a high level, our areas of expertise include:

  • Strategic advice on structuring planning applications including pre-submission legal audits of planning applications
  • S.106 and other infrastructure agreements
  • Planning appeals
  • Listed buildings and conservation area advice
  • Environmental impact assessments
  • Land promotion
  • Highways law advice
  • Judicial reviews
  • Enforcement advice including appeals
  • Community Infrastructure Levy
  • Compulsory purchase and development consent orders
  • Biodiversity net gain
  • Niche subject areas such as revoking Health and Safety (HSE) licences, Special Protection Areas (SPA), Suitable Alternative Natural Greenspaces (SANGs) mitigation and the interplay of the planning regimes with other areas such as statutory nuisance

Our Planning team completes our market leading real estate offering, ensuring we can provide our clients with a seamless service that covers the full property lifecycle – it all starts with planning.

Key experience

HG Construction

We advised HG Construction on their successful appeal against Welwyn Hatfield’s refusal to grant planning permission for the redevelopment of a commercial facility in Welwyn Garden City. We managed the inquiry process for the client including instructing counsel (Zack Simons and Isabella Bueno at Landmark Chambers), negotiated the section 106 agreement, and gave evidence at the inquiry to rebut Hertfordshire County Council’s demand for significantly increased s106 contributions.

Redevelopment of Greenwich Peninsula

Forsters continues to be the sole provider of legal advice to Knight Dragon in relation to its comprehensive redevelopment and regeneration of Greenwich Peninsula – a 150-acre site adjoining the O2 Arena. The £8.4 billion scheme will provide 15,750 residential units alongside 23,000 sq m of retail and restaurants, nearly 60,000 sqm of offices, 36,000 sqm of hotel space, 38,000 sqm of education facilities, and an iconic transport interchange in place of the existing North Greenwich tube station.

Your Tribe, Avonmouth House

We advised on planning strategy for the redevelopment of Avonmouth House, Southwark to provide over 200 student rooms across development of up to 16 storeys. This included advising on dual section 106 agreement, and eventual negotiation of a unilateral undertaking to support a successful appeal against non-determination of the original application. Detailed advice was required around the nature of the student accommodation, and the interaction with the student nominations agreements, particularly in light of the policy requirements of both the London Borough of Southwark and the GLA. Further work was required as by the time the appeal was granted, revisions to the scheme were needed because of the Building Safety Act ramifications, and we were retained to secure the necessary deed of variation.

New Barnsbury Estate

We are advising the joint venture between Mount Anvil and Newlon Housing Trust on the redevelopment of the Barnsbury Estate in Islington. We have advised throughout the application process including strategic advice on structuring the hybrid planning application, a legal audit of the application pre-submission and negotiating the complex s106 agreement. The scheme will deliver up to 941 residential units of which 46% will be affordable housing, including 291 units for the existing tenants, a new nursery and community facility, and extensive landscaping and public realm improvements. Planning permission was granted in 2023, and we are continuing to advise the joint venture on scheme changes to accommodate the requirements around second staircases.

Warner Bros. expansion of Leavesden Studio

We are advising Warner Bros. on the expansion of the film studios at Leavesden. The planning application straddled the administrative boundary of Three Rivers Council and Watford Borough Council and comprises of 11 new film stages, extensive backlot areas (for outdoor filming) and a package of highway improvement works including both temporary (during construction) and permanent works. Planning permission was granted in 2023, and we continue to advise the client during the delivery phase in terms of amendments to the scheme and the raft of highways agreements.

PLP, Stafford

We worked closely with PLP to bring forward a revised industrial scheme at a site in Stafford, which involved the negotiation of prototype biodiversity net gain obligations prior to the primary legislation coming into effect. Advice also centred around the delivery of key highways obligations to facilitate access to and from the site, which is absolutely fundamental to the long-term success of industrial and logistics schemes.

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