Case Study: Haulage Firm

SME seeking advice on Planning Permission and Building Extension Works

The Background

CLIENT

SME Haulage Company

Services

Planning Permission Advice

JCLM was recently instructed by a SME general haulage and transport firm in the North West to advise on a number of planning issues relating to a proposed extension to on-site warehouses and industrial buildings.

JCLM considered that the scope of proposed works based on height and boundary issues was likely to constitute permitted development: thus not requiring planning permission, subject to a number of caveats.

Solution 1

In the absence of definitive clarification from the local planning authority as to whether the works would be permitted development JCLM advised that it would be appropriate to apply for a Lawful Development Certificate from the Local Authority: this is the only way of ensuring that a proposed development is lawful for planning purposes and does not require an application for planning permission.

Haulage Company Case Study Problem by JCLM Solicitors.
Haulage Company Case Study Resolution by JCLM Solicitors.

Solution 2

We would also advise against carrying out any works before the application for a Lawful Development Certificate has been granted. If the application is rejected (and any appeal to the Planning Inspectorate fails) then an application for Planning Permission will need to be made. If the work has already been done then you may have to take them down and return buildings to their original state; or unless face enforcement action.

The application for a Lawful Development Certificate is complex and we would recommend that legal advice is sought at the first available opportunity.

“Jamie helped me with a mortgage interest only misselling claim and a complicated consumer credit dispute which involved tricky case law such as Plevin. He helped me a great deal. He made the difficult legal points very simple to understand and I was delighted with the outcome.”

– Louise, from Winsford

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