FAQs

As a specialist planning solicitor, one of the most common questions I am asked is which of these three professionals a client actually needs. The answer depends entirely on where you are in the planning process and what kind of problem you are trying to solve. Many complex matters benefit from two, or even all three, working together — but most clients only need one at the point they first pick up the phone.

Here is how I explain it to clients who come to Fortune Green Legal Practice.

If you are trying to get planning permission — you need a planning consultant (and maybe also an architect)

A planning consultant is the right first port of call if you want to build something, extend your home, change the use of a property or develop a site. They are not lawyers and do not conduct litigation, but for the application stage they are exactly who you want. At FGLP we work alongside a trusted network of planning consultants and architects, and we are happy to make introductions.

If you are facing a legal problem in the planning system — you need a planning solicitor

This is where we come in. A planning solicitor specialises in the legal dimension of planning. You need a planning solicitor if:

• You want to challenge a council's decision to grant planning permission to a neighbour or developer, by way of Judicial Review
• You need to negotiate, modify or discharge a Section 106 agreement
• You are applying for a Certificate of Lawful Use or Development, particularly where enforcement immunity is in issue
• Your planning matter involves complex case law, statutory interpretation or procedural fairness
• You are facing prosecution in the Magistrates' Court or Crown Court for a planning offence
• You have received a planning enforcement notice, stop notice, breach of condition notice or planning contravention notice (PCN) and you are looking for advice

Planning solicitors draft legal documents, conduct litigation on your behalf, and instruct specialist planning barristers where needed. Solicitors are regulated by the SRA (Solicitors Regulation Authority).

If your case is going to a public inquiry or the High Court — you (and your solicitor) need a planning barrister

A planning barrister is a specialist advocate, regulated by the Bar Standards Board and usually based in planning chambers. Barristers provide formal written opinions on difficult points of law, represent clients at public inquiries and in the High Court, and cross-examine expert witnesses. In almost all cases they are instructed through a solicitor rather than directly by the client. At FGLP we instruct specialist planning counsel wherever a public inquiry or High Court hearing is on the horizon, and we manage that relationship on your behalf. We also instruct barristers for Magistrates and Crown Court hearings, for example, for offences relating to planning enforcement notices.

Not sure which you need?

If you are unsure, start with a 15-minute call. At Fortune Green Legal Practice, we will tell you honestly if a planning consultant, architect or other professional is the right first port of call and we can also make introductions if we think it will be helpful to you.

Your first 15-minute consultation is free — call us on 0203 983 0595.

What will a planning solicitor charge?

The cost of instructing a planning solicitor depends on the complexity of your matter, the time involved, and the fee structure agreed at the outset. At Fortune Green Legal Practice, we are transparent about costs from the start – nobody likes a surprise when the bill arrives.

Your free initial consultation

We offer a free 15-minute introductory meeting so we can understand your situation and you can decide whether we are the right firm for you. There is no obligation to instruct us after this call.

How we structure our fees

Depending on the nature and scope of the work, we may offer:

• Fixed fees – for clearly defined pieces of work, such as reviewing a planning enforcement notice, advising on a Certificate of Lawful Use application, or drafting an objection to a planning application. A fixed fee gives you certainty about the total cost from the outset.
• Hourly rates – for matters where the scope is harder to predict, or where the work is likely to evolve. We will keep you informed about any changes as the matter progresses.
• Retainer arrangements – for longer-running matters such as prosecutions, judicial review proceedings or ongoing advisory work, where a monthly retainer provides continuity and predictable budgeting.

What factors affect the cost of a planning law matter?

Several factors influence the final fee, including:

• The complexity of the planning history and any previous litigation
  Whether specialist planning counsel (a barrister) needs to be instructed
• Whether the matter proceeds to the High Court
• The volume of documentation and evidence involved
  Statutory fees, court fees and expert reports, which are charged in addition to our legal fees

Additional costs to be aware of

Court fees, Planning Inspectorate fees and any expert reports (for example, from planning consultants, surveyors or heritage specialists) are disbursements paid in addition to our legal fees. We will always flag these in advance so you can budget accordingly.

You can find more detail on our Fees page.

Your first 15-minute consultation is free — call us on 0203 983 0595.

Fortune Green Legal Practice does not usually prepare or submit planning applications. This is specialist work best handled by a planning consultant or architect, who can carry out site visits, prepare drawings and design and access statements, liaise with the local planning authority, and advise on how to maximise your development potential within the relevant planning policy framework.

When should you instruct a planning solicitor instead?

A planning solicitor becomes valuable when legal issues arise during or after the application process, such as:

• A neighbour or third party is objecting on legal grounds and you would like to respond
• The application engages complex planning law, case law or policy interpretation
• A Section 106 agreement needs to be negotiated
• Enforcement action has been taken by the local authority in connection with works at, or the use of, your property
• You are considering a Judicial review of a planning decision

Our network

FGLP works alongside a trusted network of planning and property specialists across London and England. We are happy to make introductions where a non-legal specialist is the right first port of call. Equally, if your consultant or architect identifies a legal issue, we can step in to provide specialist planning law advice without duplication of work or cost.

Your first 15-minute consultation is free — call us on 0203 983 0595.

If a neighbour or local developer has submitted a planning application that you believe will have a negative impact on your property or the surrounding area, you have the right to submit representations (commonly called objections) to the local planning authority.

How to object to a planning application

• Check the application online — Planning applications are published on your local council’s planning portal. You can search by address or application reference.
• Note the consultation deadline — Objections must usually be submitted within 21 days of the statutory consultation period beginning, although councils will often accept representations right up until the decision is made.
• Submit your objection in writing — Either through the council’s online portal, by email or by letter. Always quote the planning application reference number.

What makes a strong planning objection?

Councils can only take material planning considerations into account. These include:

• Impact on the character and appearance of the area
• Loss of light, privacy or outlook
• Highway safety, parking and traffic generation
• Noise, disturbance and loss of amenity
• Conflict with the development plan (the Local Plan and any neighbourhood plan)
• Conflict with the National Planning Policy Framework (NPPF)
• Heritage impact on listed buildings or conservation areas
• Environmental, climate and ecological impact

Matters such as loss of property value, private boundary disputes, business competition and personal disputes with the applicant are not material planning considerations and will be disregarded.

Planning objections can usually not be made anonymously. While some councils may remove contact details for GDPR reasons, your objection will carry most weight if you can explain that you live nearby, or that you have a particular interest in the application you are objecting to.

When to instruct a planning solicitor

For straightforward objections, many people write to the council themselves. A planning solicitor adds real value where:

• The proposal is large, complex or highly contentious
• Previous applications, appeals or enforcement action form part of the planning history and you want to explain to the planning case officer why this is relevant
• The council appears minded to grant permission despite significant local opposition, and you want to point out why the application does not comply with planning policy and/or why there are material considerations that should be taken into account when the application is determined

At Fortune Green Legal Practice we regularly advise homeowners, residents’ associations and community groups on planning objections that engage properly with planning policy and case law. These are the representations that councils and case officers are likely to take most seriously.

Your first 15-minute consultation is free — call us on 0203 983 0595.

Yes. However, this is normally something you would work with a planning consultant on. In law, you have the right to appeal under section 78 of the Town and Country Planning Act 1990. The appeal is made to the Planning Inspectorate.

There are strict deadlines for making an appeal. You can check the website of the planning inspectorate for details and if you have any concerns, you should instruct a planning consultant.

The three appeal procedures

The Planning Inspectorate will allocate your appeal to one of three procedures:

• Written representations — both sides set out their case in writing. Suitable for straightforward cases.
• Hearings — a round-table discussion led by an Inspector, more informal than a public inquiry.
• Public inquiry — a formal process with cross-examination, used for complex or high-profile appeals. Specialist planning barristers are usually instructed on both sides. In some cases, special interest groups, such as residents groups, are also represented by lawyers at public inquiries.

Do I need a planning solicitor for a planning appeal?

Not always. The answer also depends on your role in the appeal process. For example, if you are a special interest group, it can enhance the public profile of your cause if you have a specialist planning barrister who is advocating on your behalf.

Generally speaking, appeals are conducted by planning consultants, and the Planning Inspectorate has designed the system to be accessible. Legal advice is particularly valuable where:

• The planning history is complex or involves previous litigation
• The appeal engages significant case law or new policy
• The procedure is likely to be a hearing or public inquiry
• The council’s reasons for refusal raise specific points of law

At Fortune Green Legal Practice we advise on appeal strategy, grounds of appeal and the instruction of specialist planning barristers where appropriate.

Your first 15-minute consultation is free — call us on 0203 983 0595.

Timeframes for planning matters vary considerably. Some issues can be resolved within a few weeks, while more complex planning disputes, appeals or enforcement cases may take several months or longer. Local authority response times differ, and delays are not uncommon within the planning system.

We take a proactive approach to ensure your matter remains firmly on the Council’s radar. In many cases, a focused letter or well-timed call from an experienced planning solicitor can prompt meaningful movement and help avoid unnecessary delay.

If you have received a court summons relating to a planning matter, you should seek legal advice without delay. Contact us as soon as possible and provide details of your court date and any relevant documentation.

We can offer initial advice on your position, outline your available options and, where appropriate, refer you to specialist planning barristers who have the relevant court experience to ensure you are properly represented.

A Judicial Review is a legal process used to challenge the lawfulness of a decision made by a public body, such as a local council. It does not decide whether the decision was “right” or “wrong” on its merits. Instead, the court looks at whether the correct legal process was followed, relevant matters were properly considered, and the decision was made fairly and within the public body’s powers. Judicial Review is commonly used in planning cases and must be started within strict time limits.

You can read more on our Judicial Review page here.

The duration of a Judicial Review varies and is largely dependent on court timetabling and judicial availability.

Some cases are resolved quickly, while others take longer to conclude. Costs can vary, but there are fixed court fees and, in many planning cases involving environmental issues, a costs cap may apply. This can limit the amount a claimant may be required to pay if the claim is unsuccessful.

Legal costs should be considered carefully at the outset, and claimants are advised to obtain specialist advice before proceeding.

You can read more on our Judicial Review page here.

A council’s decision to grant planning permission can only be challenged by way of Judicial Review in the Planning Court, which forms part of the High Court. This type of challenge does not reconsider the planning merits of the development. Instead, it examines whether the council acted lawfully and followed the correct process when making its decision. Any claim must be issued within six weeks of the planning decision being formally published.

You can read more on our Planning Appeals page here.

A Section 106 agreement (often called a “planning obligation”) is a legal agreement between a developer and the local planning authority. It is used to make a development acceptable in planning terms by requiring the developer to provide specific contributions or actions.

These may include funding for local infrastructure, affordable housing, highways works, open space, or other measures needed to reduce the impact of the development on the local area.

You can read more on our Section 106 page here.

Section 106 agreements are not normally open to direct challenge by members of the public.

However, they can be challenged indirectly if there are legal grounds to argue that the agreement, or the way it was secured, was unlawful — usually as part of a Judicial Review of the planning permission itself.

Any challenge must be made within strict time limits, and specialist legal advice should be sought at an early stage.

You can read more on our Section 106 page here.

Yes. Although we are based in central London, around half of our cases involve properties outside London. We advise clients across England.

Planning law in Scotland and Wales differs due to devolved government. If your property is located there, we can recommend experienced lawyers who practise in those jurisdictions.