Planning conditions are attached to all planning consents and you should ensure that your development is in compliance with them. Pre-commencement conditions (or condition precedent) should always be given priority when you receive your decision notice as sometimes they may have a time period within which you need to action something. Such conditions will usually begin “Within x months of the date of this decision....” or “Prior to commencement....”.
If you think that your development is in breach of condition then one option open to you is to submit a variation of condition or removal of condition planning application. This may allow your business to open for longer hours, for you to employ more staff or for you to make alterations to your house.
We are able to interpret more complicated conditions and advise you on the chances of success of your variation or removal of condition planning application.
Sometimes there will be numerous obligations made by the planning authority and we have extensive knowledge and experience in this area to identify these and advise our clients of their expected obligations. Typically these are in the form of Section 106 Agreements but this aspect of planning is undergoing reform at present and we are able to keep you up to date with developments concerning the Community Infrastructure Levy (CIL).
“In 2015 we instructed Neil Andrews of Coles Miller to facilitate the execution of a pre-negotiated legal document so that we would be paid for our stock. This seemingly simple transaction became complicated when the organisation’s initial response was to utilise their lawyers rather than pay us. Neil was tenacious in fighting our cause. His eye for detail saved our money and we eventually received all money owed to us, without compromise. Tellingly, our original investors who also were extracting their money through their own alternative solicitors told me that they wish they had used Coles Miller. I would recommend Coles Miller without hesitation.”
For Dion McCarthy, Litigation Solicitor:
"Mr McCarthy went above and beyond to assist in my case. His thorough review of my scope of work was greatly appreciated and I will certainly keep him and the company in mind for any future matters."
Meet the team
Neil Andrews
Partner, Head of Commercial Department and Business Property Law
