UKDEVELOPMENT PLANNING

Transcription

1 & REGENERATION UKDEVELOPMENT PLANNING

2 OUR TEAM AND APPROACH Our clients tell us that what sets the DLA Piper UK Development and Infrastructure Planning Team apart is our unique blend of legal expertise and commercial and political acumen. Our clients include developers, investors, landowners and public bodies and our focus is on getting development through the planning system as efficiently as possible without compromising legal robustness. We believe that it is this approach that led to the readers of Planning Magazine voting us one of the top six planning law teams in the UK in Development and regeneration is at the heart of what we do and our team includes specialists in: mixed-use and commercial development compulsory purchase and compensation housing and retirement housing retail, hotel and leisure schemes industrial and logistical development We advise on all aspects of the planning process including: site assembly pre-application document reviews advertising consent planning obligations, CIL and viability highways strategic advice and land promotion enforcement and lawful development environmental impact assessment listed building and conservation area consents commons and village greens We also have a leading contentious planning practice, regularly acting for clients on appeal. While we are used to working alongside outside counsel our clients often see the value of using our own advocates, including qualified barristers, to represent them at inquiries. Our contentious experience also includes representing clients in the High Court, Court of Appeal and Supreme Court. This not only means that you are in safe in hands if you receive a legal challenge, but also enables us to minimise the risk of a challenge being brought in the first place. While we are focused on our clients needs in the UK, we are part of a global planning and land use team and we work closely with our colleagues across the world to advise on planning and zoning issues globally. We are specialists in reviewing planning legislation and advising internationally on the drafting of land use, maritime and zoning legislation. KEY CLIENTS Argent Barratt/David Wilson Homes Cheshire West and Chester Council Commercial Estates Group Connolly Homes Countryside Properties Crest Nicholson Dorsett Hotels Far East Consortium Hansteen Holdings Hadley Mace Hallam Land Homes for Scotland Hopkins Homes Jansons Joseph Homes Land Securities London Borough of Newham Liverpool Football Club Mace Group Manhattan Loft Northampton Borough Council Norfolk Homes North Lincolnshire Council Oaktree Capital Oxford Properties Group Places for People Pigeon Land Signature Senior Lifestyle Thornfield Properties Three Sixty Developments Trillium 02 UK Development & Regeneration Planning

3 RELEVANT EXPERIENCE MIXED USE & COMMERCIAL Advising Argent on its 500 million office-led regeneration of Paradise Circus to provide 1.5m sq ft of new office space, new retail and leisure units and a hotel, including advising on a certificate of immunity from listing from the Secretary of State for the iconic Birmingham Central Library in the face of a recommendation by English Heritage that the building be listed. Our advice also included the drafting and negotiation of the complicated planning obligation and highways agreements and strategic advice on the EIA and planning application, including the timing of the development and its relationship to the delivery of city-wide infrastructure. Advising the Far East Consortium on planning for a 65-storey tower rising to 217m, alongside two other shorter towers of 20 and 34 storeys to be known as Alpha Square for 634 homes, a 20-floor hotel of 231 rooms and a new school and health centre. Advised on planning generally and the Judicial Review of the Mayor s decision to call in the application and negotiating the planning obligation for the development. Advising Hadley Mace on Greenwich Square, a mixed use development providing for 650 units of residential accommodation, a leisure centre, gym, health centre and substantial retail and commercial space. We advised on an existing planning permission and planning obligation that required variation to enable development to proceed and then on the new planning applications and obligations to meet the client s development aspirations. Advising Hansteen at a five day public inquiry to promote a mixed use development (including retailing) on a 77 acre site in Polmont following which planning permission was granted. Advising Mace on the redevelopment of a site in Botley including the creation of a new community centre, 149 new homes, a hotel, 262 university related accommodation rooms and studios suited to postgraduates and mature students, new retail offer and restaurants. Advising Newham Council on the 3.5 billion Silvertown Quays scheme for the establishment of brand units, a major tech hub and 3,000 homes. We negotiated a comprehensive planning obligation between the Council, the Silvertown Partnership and stakeholders: the GLA and TFL. The redevelopment also incorporates a school, health centre and shops and an innovative new bridge which will cross the Royal Docks to transport people to Custom House and Crossrail. The first phase, which aims to be finished by 2018 in time for the new Crossrail connections, will see the 450,000 sq ft Millennium Mills site brought to life with technology, media and telecoms businesses housed in the iconic former flour mill. Advising Rocket Investments on their 200 million mixed use East Road scheme, comprising 700 student accommodation studios, a 250 bed Premier Inn hotel and eight storey office building, the acquisition and negotiation of the planning obligation for their 250 million development of a 38 storey residential tower, with off site affordable housing provision. Advising Treasury Holdings UK on obtaining planning permissions and listed building consents for its mixed use redevelopment of Battersea Power Station, a 40 acre site which would transform the Nine Elms Opportunity Area. Advised on policy application and improvement, planning strategy, environmental impact assessment (EIA) (including cumulative impact), the structure of the application, consultation, other consents from the highway authority and Port of London Authority, the interface with the Northern Line Extension, application documents (the DAS, Design Code and retail impact assessment), planning conditions and obligations. 03

4 RESIDENTIAL Advising Barratt/David Wilson East Scotland Limited at the Aberdeenshire Local Development Plan inquiry sessions regarding the promotion of a large scale residential and retail development proposal at Stonehaven. Advising a consortium of housebuilders including Bovis Homes, Taylor Wimpey, Persimmon, Kier and Fairfield Land on a 3,000 house urban extension at Bishop Stortford North, including drafting and negotiating the planning obligation and providing strategic advice on the planning application and EIA. Advising Commercial Estates Group on the development of a site in Maldon, Essex for 1,000 houses, a 3.4 ha employment area, a local centre, primary school, two early years childcare facilities and general amenity space. Advising on planning generally and the planning obligation to secure the development. Advising Connolly Homes on a development of 350 houses in the Milton Keynes Growth Area. Our advice included negotiating a complicated planning obligation that needed to reconsider the approach to the Milton Keynes Tariff in the context of the CIL regime and appearing at a two day planning hearing that resulted in planning permission being granted with no requirement to provide land equalisation payments to other developers in the Growth Area and a full award of costs. Advising Crest Nicholson on land within the Ipswich Northern Fringe (Ipswich Garden Suburb) with capacity to provide 3,500 houses. Giving strategic planning advice on the planning application with associated EIA for 1,500 residential units with school, country park and other associated uses. Also advising on a collaboration approach to the overall Garden Suburb and bringing forward the comprehensive development of this area. Advising Hopkins Homes in the leading case of Suffolk Coastal District Council v Hopkins Homes on five year land supply and the meaning of paragraph 49 of the NPPF. We appeared at the planning inquiry, successfully challenged the refusal of planning permission in the High Court and successfully defended against Suffolk Coastal District Council s appeal against that decision in the Court of Appeal. The Council s final appeal will be heard by the Supreme Court in Advising Norfolk Homes and Norfolk Land on the delivery of an 1,800 home expansion of Long Stratton, Norfolk including the delivery of a new bypass for the A140 around the settlement. Our advice has included all aspects of the planning process, including appearing at the examination of the area action plan and the complicated relationship between the planning obligation and CIL in terms of the funding of the bypass. Advising Pelham Homes and Endurance at South Wymondham on a Joint Venture for 1,230 residential units which included detailed third party negotiations and collaboration agreements with Endurance Estates, planning obligations and complicated agreements with Network Rail to provide a new subway/railway bridge. Advising Signature Senior Lifestyle on its development of assisted living and dementia care homes, including providing strategic planning advice from site selection through to planning application and appeal. Advising the West Midlands Pension Fund on an appeal against the refusal of planning permission for an urban extension in the North-East to provide 1,000 homes, a hotel and new commercial space, including advising on the planning obligation and EIA. 04 UK Development & Regeneration Planning

5 COMPULSORY PURCHASE & COMPENSATION Advising Cheshire West and Chester Council in connection with the major strategic town centre regeneration programme known as Chester Northgate. The scheme requires site assembly by CPO, planning and listed building consent highway stopping up orders and the relocation of a market in order to facilitate the construction of a significant range of new retail including department store, restaurants, cafes, multi screen cinema and housing. Advising Harrogate Borough Council on the CPO in Ripon City Centre for a retail led mixed use redevelopment. This included drafting the CPO and all associated documentation, as well as strategic advice on the preparation of the CPO case, advice on compensation and instructing counsel for the CPO inquiry. Advising Newham Council on the Sugar House Lane CPO for the redevelopment of a legacy site from the Olympics for 1,192 residential units, flexible uses, 33,950 sqm. of offices and works shops, a 350 bed hotel, a pedestrian bridge across Three Mills River, a riverside park and other facilities. The CPO was confirmed in June Advising on the proposed redevelopment of the Trinity Quarter shopping centre in Leeds. This included planning, highways and compulsory purchase advice, the drafting and negotiation of a CPO indemnity agreement and successfully defending a third party challenge to the Council s decision to use CPO powers to support the scheme. RETAIL Advising Bracknell Regeneration Partnership in relation to the grant of planning permission for the redevelopment of Bracknell Town Centre, including obtaining stopping up orders, EIA, planning conditions and negotiating the associated planning obligation. Advising Camden Market on its successful statutory review of Camden Borough Council s replacement unitary development plan. Advising Manhattan Loft and Chatham Works Limited on the creation of the Hackney Fashion hub which is a development being undertaken in recommissioned railway arches in Hackney, East London. We advised on the planning application and negotiated the planning obligation to secure planning permission for its uses. 05

6 HOTEL & LEISURE Advising Genting on the development of the Resort World retail and leisure scheme adjacent to the NEC, including drafting and negotiating the planning obligation. Advising GSE (Cheriton Parc) on the planning obligations for the redevelopment of the Hythe Imperial Hotel and Spa including advising on viability matters for the future of the hotel and golf club. Also advising on proposals to redevelop the area around the hotel for residential development known as Imperial Green. Advising Liverpool Football Club on the expansion of Anfield Stadium and the associated major public realm improvements. In addition to high level strategic advice, this has included drafting and negotiating the planning obligation to secure significant regeneration and highway benefits, advising on and obtaining highway stopping up orders. Advising Manhattan Loft and the Chiltern Firehouse on planning application and listed building matters to convert the former Fire Station in Marylebone to become the renowned Chiltern Firehouse (restaurant and hotel). We helped to secure permission for the hotel and its associated uses. INDUSTRIAL AND OFFICES Advising Development Securities on 10 Hammersmith Grove which was the first of two prime office buildings totalling 275,000 sq ft. strategically located in Hammersmith town centre, adjacent to the underground station. This had complicated London Underground issues in respect of public accessibility and complex planning obligation negotiations. Advising GSE Waterbrook Limited on securing 12 hectares of employment land at Ashford through the local plan process. Advising further on Phase 1 of the Waterbrook Business Park and securing planning permission comprising 45,000 sqm of office, industrial and storage and distribution and premises for the Vehicle Operator Services Agency (VOSA). The development incorporates a master plan for Phase 1 incorporating a linear park and major spine road infrastructure for connections of land to the east. We are now advising on Phase 2. Advising Rocket Investments on a 10 storey office building on City Road. We advised generally on planning matters and secured the planning obligation after negotiations with the London Borough of Hackney. 06 UK Development & Regeneration Planning

7 WHAT OTHERS SAY The lawyers technical knowledge is excellent they ve got years of experience understanding our operations, but they also have a very good grasp of operational impact and can apply that knowledge. Chambers UK robust advice and quick understanding of the complexities of any matter Chambers UK CHAMBERS AND LEGAL invaluable experience and knowledge of the local planning landscape Legal 500 level of service is very good Legal 500 KEY FACTS DLA Piper is a full service business law firm representing more than 140 of the top 250 Fortune 500 and nearly half of the FTSE 350 or their subsidiaries. Our 550 strong global real estate team is the largest real estate legal team in the world. We are based in almost every key commercial centre in the US, Europe, the Middle East, Africa and Asia-Pacific. We have real estate specialists on the ground wherever you need them, with lawyers in over 30 countries who are actively involved in local real estate communities and combine a strong market understanding with their knowledge of local regulatory and legal frameworks to provide the best legal products for our clients. In the UK, we have 50 partners and more than 200 lawyers across seven office locations, who specialise in acting for the real estate industry, advising on acquisition and development, planning, construction, financing, joint ventures, funds and tax PARTNERS LAWYERS Edinburgh Manchester Leeds Liverpool Birmingham London REALWORLD THE GLOBAL GUIDE TO REAL ESTATE LAW REALWORLD is a comparison site that answers questions you typically have when entering new jurisdictions. It allows you to compare issues in multiple countries to help evaluate the options. The site is free to use and is the home of DLA Piper s expertise in the real estate sector. Here you will find REALWORLD LAW, our guide to local knowledge about how the law works wherever you invest or operate. We also offer you REALWORLD NEWS, keeping you up to date with the real estate sector around the world

8 KEY CONTACTS Trevor Ivory UK Head of Development and Infrastructure Planning T trevor.ivory@dlapiper.com Howard Bassford Partner T howard.bassford@dlapiper.com Andrew Batterton Partner T andrew.batterton@dlapiper.com Karen Howard Partner T karen.howard@dlapiper.com Sandy Telfer Partner T sandy.telfer@dlapiper.com Michael Greig Legal Director T michael.greig@dlapiper.com Dalee Kaur Legal Director T dalee.kaur@dlapiper.com Vanessa Ralph Legal Director T vanessa.ralph@dlapiper.com DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at This publication is intended as a general overview and discussion of the subjects dealt with, and does not create a lawyer-client relationship. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. DLA Piper will accept no responsibility for any actions taken or not taken on the basis of this publication. This may qualify as Lawyer Advertising requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Copyright 2017 DLA Piper. All rights reserved. JAN