Fortune Green Legal Practice represents clients who believe they need to stand up for themselves when the planning system seems to be against them. As solicitors specialising in town and country planning, we receive enquiries about various issues, including planning enforcement, appeals, and High Court representation.
It’s easy to jump to the conclusion that any disagreement or refusal warrants a lawsuit and that the first thing to do is to call your solicitor to draft an aggressive letter and bring the other side to heel. However, a few recent discussions with potential clients demonstrate that not every situation benefits from an immediate intervention by a solicitor.
A couple of recent scenarios prompted me to suggest considering alternative approaches to the potential clients, at least as a first step.
Scenario 1
A successful local business approached me with a concern about contractual arrangements with their client. They believed that the local authority’s actions or lack thereof, had worsened the problem and wanted to take action against the authority.
However, the key issue in that scenario was that the local authority was not the party with whom the contract was made. In fact, they only played a minor role in the situation. Although the business owners were frustrated, taking action against the authority would not have achieved the desired outcome.
Scenario 2
A potential client wanted to meet with their local planning officer regarding the refusal of a planning application. The planning officer declined the request but did not provide any reasons for the refusal.
Looking at this more objectively, it is possible that the officer may have had a good reason to refuse the meeting. If they had assumed that there would be an appeal to the Planning Inspector against the refusal of planning permission, they would not have wanted to prejudice the council’s case.
However, the problem was the officer gave the potential client no reason or explanation about why the meeting was refused. This seems like very poor communication, leaving the potential client angry.
Immediate legal action might not be the best first step for several reasons:
When deciding on a course of action, it’s essential to consider not only legal remedies, but also value for money and time. By exploring all available avenues —such as mediation, councillor intervention or a formal complaint, some disputes can be addressed more efficiently and cost-effectively than would be possible with a solicitor’s letter.
Before we simply provide a quote for drafting a letter, we have a detailed discussion with all potential clients to understand their objectives and determine if sending a solicitor’s letter is the appropriate course of action. During these discussions, we carry out an informal cost-benefit analysis to ensure that investing in a solicitor’s letter would be worthwhile. Sometimes, it may just not be the best initial course of action.
Conclusion
The most important thing is to understand each potential client’s concerns and how best I can help them gain clarity. This helps to provide a practical roadmap for possible steps to resolve the matter.
Last but not least, as all solicitors will know, it’s a regulatory requirement to act in the client’s best interest. In my view, sometimes, holding back can be the best course of action.
At FGLP, we always keep in touch to check on developments, and if the circumstances have changed. The matter may resolve itself, but sometimes the potential client will reassess the situation and a different approach becomes more appropriate.
As town and country planning solicitors, Fortune Green Legal Practice advises clients on all aspects of town and country planning law. See below to get in touch for more information.
