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Harrison Clark Rickerbys
Rosalind Andrews is Head of Planning & Highways Law at Harrison Clark Rickerbys solicitors, covering the firm’s nine offices. She specialises in Planning and Highways Law, and advises on a range of contentious and non-contentious planning matters, including strategic planning advice, judicial review and other Planning Court challenges, and planning enforcement issues. She acts on behalf of a variety of clients, with particular experience of acting for developers and promoters in relation to residential development. She also acts on behalf of lenders, registered providers of affordable housing, and local authorities, as well as third parties with an interest in the planning process, such as local residents' groups. As well as negotiating Section 106 Obligations and other infrastructure agreements, she also advises on other matters affecting development, such as town and village greens, public rights of way, assets of community value, tree preservation orders, and compulsory purchase.
A few days before permitted development approval was given for a barn it was burnt down due to arson. What is the current status of the barn?
A local planning authority (LPA) cannot covenant with itself in a section 106 agreement. What is the position where the LPA is the only landowner and the County Council is also a party to the section 106 agreement? Could the County Council have an enforcing role in respect of the landowning LPA?
Are new permitted development rights proposed to be introduced in 2017, in particular in relation to Use Class C3 (dwelling houses)?
Are there any circumstances under which a local authority is obliged to remove an asset of community value (ACV) listing? What are the time frames for an ACV once it has been listed and when can it be sold freely?
Are there rules or statutory provisions which enable a contribution paid to a local planning authority under a section 106 agreement to be repaid to the developer where development has not commenced and five years has passed since payment?
Can a developer seek repayment of a sum paid to a local authority for open space, which was made pursuant to local policy and not by way of planning condition?
Can a local authority prevent habitation of a property if the final Building Control Certificate/Certificate of Completion of Works has not yet been issued?
Can a lodger be accommodated in an outbuilding to a dwelling, built under permitted development, without it breaching planning law? The lodger would only sleep in the outbuilding but otherwise use the facilities in the main house.
Can new land still be registered as common land under the Commons Registration Act 1965 in a non-pioneer area?
Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?
Does an agreement under section 38 of the Highways Act 1980 have to be accompanied by a bond?
If a landowner has made a landowner statement under section 15A of the Commons Act 2006 and then sells the property, does the purchaser need to make another landowner statement or will the previous one still have effect?
If planning permission has been granted by a local planning authority which involves works being carried out on the publicly maintainable highway, can the local highway authority still refuse to enter into a Section 278 Agreement if it believes that the works will not benefit the public?
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?
If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during the construction of the dwelling under permitted development rights, or does the developer have to wait until the build is complete and the dwelling occupied before the porch can be added?
If works (removal of a roof) are carried out in satisfaction of the pre-commencement conditions contained in a planning permission and the permission is later quashed, do the works carried out prior to the quashing need to be reversed or should works simply cease at the point of quashing? If the works are required to be reversed, is a new planning permission needed for this?
Is a contract conditional on planning entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement?
Is an option agreement entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement? Will a put option and a call option be treated in the same way?
Is there a legal requirement for plans appended to an agreement made under section 106 of the Town and Country Planning Act 1990 to be either signed or sealed by all parties?
Is there any reason why a highway authority cannot withdraw a notice served under section 184 of the Highways Act 1980 if it turns out that all the requirements for serving the notice weren’t met?
University of Nottingham Philosophy BA (Hons)
Nottingham Law School Graduate Diploma of Law
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