Planning lawyers and environment lawyers at Keystone Law

Planning and environmental law has a significant impact on how land is used. Ultimately it affects the value of the land in a very fundamental way. This is a complex area in which the right strategy will make all the difference. Key to the successful navigation of the UK planning system is a thorough understanding of exactly what you wish to achieve.

Our planning law services

Keystone’s planning lawyers deal with individuals seeking advice on their own residential property arrangements and also commercial operators looking to exploit the value of land they control. Both parties benefit from our experience of the inner workings of public authorities and relevant statutory bodies, plus our lawyers’ commercial awareness, foresight and sector expertise.

Our environmental law services

Landowners and occupiers have strict liability for the environmental consequences of any action taking place on their land. Keystone’s environmental lawyers can advise on how to quantify and mitigate environmental exposure.

Who do we advise?

Our planning and environment team advises landowners, developers, local authorities, individuals, and businesses from a range of sectors.

Why choose our planning and environment team?

The team has a vast range of experience in all areas of planning and environmental law, and often work closely on projects with our property law specialists. Leading legal directory The Legal 500 also recognises a number of our planning lawyers as experts in this area of law.

For further information or to discuss a planning or environment matter, please telephone 020 3319 3700 or click here to email us.

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Keynote

What changes are Labour proposing to the National Planning Policy Framework?

Ben Garbett

27 August 2024

News

Keystone Law welcomes six partners and three consultant solicitors to the firm

Stephen Browning

Marie van der Zyl OBE

Anna Fouracre

4 September 2023

View all Keynotes
View all News

They have a grasp of not just the relevant law and practice but also what is the most appropriate strategy to assist the client, which is so often key in planning.

Legal 500 2024
The team is strong in complementary areas. There are specialists in a range of planning fields ranging from pre-planning advice to judicial review and rights of light.

Legal 500 2022
Thorough knowledge of planning and development law in what is an increasingly complex planning process.

Legal 500 2022

Planning

Certificates of Lawful Use or Development

Our team advises on all the planning aspects in relation to Certificates of Lawful Use or Development including the merits, requirements, and the drafting of applications. The team also regularly negotiates with local planning authorities and advises with any appeal process if required.

Development Consent Orders

Enforcement of planning control

We understand the difficulties in relation to enforcing planning control. Our team advises early on preventing enforcement, including negotiations, and in appealing against enforcement notices, statutory nuisance and other regulatory controls. We also have vast experience of clients through the appeal process including representation at inquiry or in court. We are also able to help instruct counsel if appropriate.

Environmental Impact Assessment

Our team has considerable experience in assessing the environmental impact on projects and negotiating with all relevant parties. We advise on all aspects of the assessment from its liability, whether a request for screening needs to be submitted, through to the initial work in relation to screening and scoping opinions and all negotiations; and advise on any objections and disputes in this extremely contentious area.

Habitats and Conservation

We regularly guide clients through the jungle of complex European legal requirements in order to comply with the Habitats Regulations. Our experts often oversee the preparation of reports to ensure compliance and negotiate with local authorities as well as national and local conservation bodies.

Highways Agreements

We draft and negotiate agreements under the Highways Act 1980, including any land ownership and CPO issues and procedures. We also regularly negotiate with local highway authorities and the Highways Agency as and when appropriate.

Infrastructure planning

Our team acts for both developers and objectors in advising them on the often complex issues that result from infrastructure proposals, whether they relate to single site issues, such as wind farms, sports arenas or ports, to linear proposals such as the Thames Tideway Tunnel and new railway and highway schemes.

Judicial Review

Our team of planning experts advise clients on their prospects of success in relation to an undergoing Judicial Review. We regularly work closely with our clients to advise on the initial negotiation, any pre-action protocol, the lodging of a case and seeking leave to appeal. We also oversee the entire process and can instruct an appropriate barrister, negotiate with local authorities, government agencies and third parties so that applications for costs can be included.

Listed Buildings and Conservation Areas

We work hand in hand with clients, advising them on their requirements and the legal implications in relation to laws for the protection of buildings and the historic environment, which include Scheduled Monuments and World Heritage Sites. We regularly advise our clients on Immunity from Listing, redevelopment and prospects of securing consent, including demolition and “Enabling Development”.

Local Plans

Our planning experts understands the strategies, steps and polices needed to promote developments through local plans, and regularly advise local authorities on production of their plans including SEA. We are also capable of advising on objections to plans, including appearances at local plan inquiries.

Localism

Our team advises clients on promoting and objecting to Neighbourhood Development Plans, and negotiate, where necessary, with local planning authorities, Parish Councils and stakeholders

Planning applications and appeals

We advise on the contents of major planning applications and negotiations with local authorities and other agencies, including the highways agency and bodies such as EA, NE and CPRE. Our experience stretches to advising on all aspects of appeals from the lodging to the overseeing of the process through to public inquiry, local hearing or written representations, which can include advocacy instruction of counsel.

Planning Strategies

Our team of planning experts regularly oversees major projects from inception. We advise clients on all aspects of the project from planning applications, EIS and Screening, through to making a case for compulsory purchase if required.

Section 106 Agreements

Our lawyers advise on all aspects of Section 106 Agreements, from simple unilateral undertakings in order to address a single point on appeal, through to complex documents dealing with a wide range of issues covering the complexities of major developments such as Major Urban Extensions for thousands of new homes, related uses, and infrastructure.

Urban Regeneration

Working effectively with local authorities, government agencies and other parties, our team is well placed to deliver successful urban regeneration schemes, including those involving major transport improvements, Public Private Partnerships and compulsory purchases.

Environment

Climate change

We understand the importance of offering our extensive list of energy clients sound and practical legal advice. The ever-increasing profile of climate change and the rise of regulation designed to tackle it has put tremendous pressure on the energy industry. In light of this, we guide our clients through their obligations and assist them in all areas of climate change law including energy-efficient regimes, renewable energy, litigation and reporting and public scrutiny, from a local to an international level.

Contaminated land

Our experienced regulatory, transactional and contentious environment lawyers advise both public and private-sector clients by guiding them through all matters encountered directly or indirectly by the niche area of contaminated land. Common issues that arise may include handling brownfield proposals, regulatory investigations and the selling and purchase of industrial and manufacturing sites.

Environmental liabilities

The onus put upon companies to minimise pollution keeps rising. Our environmental team understands the costly and stressful implications to all parties when targets are not met. We help our clients to understand their liabilities and aid them in preventing and remedying any damage that may have occurred by advising on all areas including environmental liabilities insurance, regulation, compliance and environmental permitting issues.

Environmental litigation

Always ensuring the best possible outcome for clients, we combine expertise in dispute resolution with other techniques including ADR and mediation. Whether the claim in question relates to environmental nuisance, environmental damage, environmental warranties and indemnities or a wide-range of other potential areas of dispute, our team can be relied upon to provide accurate and effective advice.

Health and Safety

Environmental, Health and Safety (EHS) is crucial to any business. Failure to comply with the necessary requirements carry increase financial and reputational risks. Safety management not only maintains the image of a business, but is often a fundamental part of tendering and procurement. Our lawyers have expertise in advising on compliance and dealing with the evaluation and negotiation of EHS issues, regulatory matters, challenges and rulemaking proceedings. They can also defend clients and their interests in comple litigation and enforcement action.

Nature conservation

Our team of environmental experts are perfectly positioned to advise clients on the niche and complex area of nature conservation. We understand the importance that this area plays in relation to many of our clients’ projects and therefore the need to advise on all restrictions and regulations that must be considered which often also involves the negotiating of management schemes and engaging with regulators.

Noise

Our lawyers understand and sympathise with the nuisance that noise can cause and the considerable tension that it can bring between businesses, authorities, groups and individuals in local communities. We offer discreet and tailored advice to our clients in relation to handling possible statutory nuisance proceedings.

Pollution controls

Effective handling of investigations or prosecution by the Environment Agency is paramount for the efficient running and maintenance of a good reputation for pollution causing businesses. Throughout what can be a stressful process, we will be on hand to offer comprehensive support and advice.

Regulatory appeals and defending prosecutions

Any form of litigation can be stressful and expensive. Our deeply experienced litigators possess expert knowledge of environmental statutes and regulations allowing them to effectively advise on contentious matters, avoiding potentially extensive financial and reputational damage.

Transactional issues

Our team of experts understand the importance of recent legislation that has meant that environmental concerns and liabilities have become a key aspect to be considered when dealing with real estate transactions, company reorganisations and M&A deals. We have tremendous experience in carrying out the extensive due diligence necessary, alongside advising on all other issues including land contamination, regulation and insurance policies.

Waste management

Our experts are fully aware of the mounting pressures put on clients to minimise landfill and pollution, waste management and waste management activities. We regularly guide our clients through the plethora of legal requirements in this area, including hazardous and nuclear waste, recycling and energy from waste products, environmental issues, new offtakes markets, regulation and compliance and real estate issues.

Water and sewerage

Our lawyers understand the headache that water and sewerage considerations can cause. The highly-regulated and sometimes difficult to navigate discharge regulations can pose various problems for business, including issues that have criminal consequences and strict liability. We advise clients on prevention methods in order to safeguard their reputation including the need for permits and the registration of exemptions.

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Advised Hayashi Developments Ltd on solutions to a complicated series of problems relating to the conversion of a former office block as residential apartments under the ‘permitted development’ regime.
Advised Maximus Networks Limited, smart city telecoms, on planning issues affecting the roll-out of its new digital communications network in the UK, valued at £150m.
Advised a wealthy foreign based-client via his UK planning and development representatives in relation to a potentially serious planning problem affecting development of a large luxury home in Camden.
Advised Calon Energy on the implementation of a DCO and exercise of compulsory rights for a 28km cross-country gas pipeline to connect a new gas-fired power station to the national transmission grid.
Advised National Grid Gas on a DCO for the replacement of a 6km tunnelled section of high-pressure gas transmission pipeline under the River Humber.
Advised Perenco UK on an application to the High Court for ancillary rights under the Mines (Working Facilities and Support) Act 1966 for petroleum exploration and development rights.
Advised New Covent Garden Market Authority on asset protection and development interface agreements with respect to TfL’s Northern Line Extension near its Nine Elms redevelopment, including preparation of its evidence for the examination of the TWA application.
Advised an Austrian property developer in regard to an application made to Lambeth Council by representatives of the LGBT community for a lawful use certificate in respect of property known as the Royal Vauxhall Tavern
Advised Alpha House Developments and Prime City Developments on planning law issues arising in respect of the development comprising the erection of a nine-storey building, including 631m2 of B1 use with 19 residential units above with balconies and terraces to front and rear elevations, and ancillary cycle and refuse storage
Advised individuals on the case merits of, and subsequently issued a judicial review claim in the Planning Court for, challenging the decision by Fylde Borough Council granting planning permission for the construction of dog kennels in the countryside on land neighbouring the clients’ property which would be affected by odour and noise
Assisted an individual with legal arguments to support his appeal against an enforcement notice requiring demolition of an agricultural building which was being converted into a dwelling, including advocacy for the inquiry
Advised on planning law issues arising in respect of the redevelopment of Milton Pipes Limited’s former concrete pipe manufacturing facility in Milton Regis, Sittingbourne, Kent in respect of a development of 162 houses and 80 flats (including 24 flats for over 55s), public open space (including play area), ancillary parking and landscaping
Advised an individual in relation to their objections to further development of a shooting school, following their unsuccessful judicial review challenge against South Gloucestershire Council
Provided planning advice to secure a new planning permission for a previously approved residential scheme (against strong opposition) in St Leonards which consisted of 417 units and overlooked the sea, which was technically and legally very complex to resolve, with a huge development value at stake
Reviewed the legislation with a view to promoting replacement powers and duties by way of a series of harbour revision and empowerment orders that would facilitate the operation and development of all the harbours in a less piecemeal manner, to the benefit of the harbour authority and harbour users
Advised on the planning implications of a caravan site’s planning history which the local planning authority had misinterpreted
Provided a certificate of lawfulness in respect of a development comprising the erection of three blocks forming 20 residential units
Advised a large family business in relation to planning issues concerning variation of the existing section 106 agreement and future development proposals for an attraction site in the Lake District
Negotiated the promotion agreement on behalf of a landowner for mixed-use commercial and retail development. The matter was complex and involved due to the existing promoter having failed to achieve the targets of the original (and pre-existing JV/option).
Advised a company on a dispute concerning the lawfulness of works which they had carried out under a GPDO permission for conversion of an agricultural barn into a dwelling
Advised a couple on the case merits of, and subsequently handled the legal proceedings in the Planning Court for, a claim issued under section 288 of the Town and Country Planning Act 1990 challenging the decision by an inspector appointed by the Secretary of State for Communities and Local Government dismissing the clients’ planning appeal against a refusal by London Borough of Sutton to confirm the lawfulness of residential building works pursuant to a lawful development certificate
Conducted the advocacy at a planning appeal for a large client, achieving a successful result, with the client’s appeal being upheld after strong resistance from West Berkshire Council
Acted for the neighbours of a controversial sale of an iconic Grade II listed building in Whitehall, requiring coordinating a campaign with other residents and leading to engagement with Westminster City Council, security advisers and negotiations with the developers

Please note: The experience list above features work carried out by lawyers who now work at Keystone Law however this work may have been completed prior to them joining the firm.

Andrew Darwin

Partner

Andrew is an experienced litigator who has acted in cases of all kinds involving property, including landlord and tenant and freehold owner disputes, professional negligence against solicitors, architects and other… Read More

David Evans

Consultant Solicitor

David is an experienced planning lawyer with particular expertise in residential, mixed-use, office and leisure projects in London and the South East. He advises on a strategic and detailed basis… Read More

Anna Fouracre

Partner

Anna is an experienced planning law specialist who advises on a broad range of planning matters. Her sector focus includes residential development, strategic land, build to rent, energy and infrastructure.… Read More

Ben Garbett

Consultant Solicitor

Ben is an experienced planning law specialist who advises developers and landowners on a broad range of planning, highways and compulsory purchase matters. His sector focus includes residential and commercial… Read More