Commercial Planning Law
Simplifying a highly complex field with commercially focused planning legal advice.
Planning law expertise
Our market leading planning law team harnesses its commercially focussed planning law expertise to deliver solutions across all development sectors for our private and public sector clients.
About our expertise:
- Development and strategic advice, legal compliance and mitigating legal risks
- S106 planning, highways and other statutory agreements to secure the best deal for you and ensure legal compliance
- Advocacy, judicial reviews, inquiries, hearings and public examinations
- Large infrastructure projects (including Development Consent Orders) including energy and transport
- Compulsory purchase, compensation and highways and other orders
- Legal advice on planning applications and permissions and environmental impact assessment
- Community infrastructure levy
- Planning legal advice on property, energy, corporate, environmental and other transactions and matters
Key contact
Paul Brailsford
Partner, National Head of Planning & Environment
More about planning law
Planning Law is a strand of public/administrative law underpinned by the Town and Country Planning Act 1990 and related legislation and case law. The work of a planning lawyer encompasses:
- Preparing and negotiating planning, highways and other statutory agreements
- Planning due diligence and advice to real estate and corporate transactions
- Strategic advice and legal interpretation on planning, highways, Community Infrastructure Levy and compulsory purchase
- Legal reviews of planning application submissions and environmental statements
- Judicial reviews and statutory challenges
- Planning appeals and other statutory processes
- Development Consent Orders
- Planning Enforcement
- Listed buildings and other area designations
Freeths LLP planning lawyers seek to provide practical solutions to problems and financially effective outcomes.
A legally binding agreement made under section 106 of the Town and Country Planning Act 1990 between a Council and a developer which seeks to make a development acceptable in planning terms. They contain planning obligations to enable the Council to secure restrictions on the use of the land or operation of the development or to require the payment of financial contributions
Freeths LLP planning lawyers draft and negotiate S106 Agreements on behalf of developers, individuals and Councils and advise on strategies and amendments to S106 Agreements.
In order to challenge the decision of a Council to grant a planning permission or a refusal of planning permission at appeal (or other decisions by public bodies) the decision is ‘judicially reviewed’ by making an application to the Planning Court within 6 weeks of the date of the decision. A judicial review is limited to challenging the legality of the decision only and the Planning Court will not be concerned with the planning merits of any planning application. If a judicial review is successful, then the original decision is quashed and would require redetermined by the Council (or the Planning Inspectorate for an appeal decision).
Freeths LLP planning lawyers advise on grounds of challenge and defence, the prospects of claims and costs.
Planning law project examples
We advised on the successful planning application and related S106 agreement for the Modern Wharf, Greenwich mixed-use redevelopment comprising of 1,500 residential dwellings, 17,300 sq m of commercial floorspace, commercial changes of use and associated infrastructure.
We advised on the successful planning application and related section 106 planning obligation issues for Lincoln Western Growth Corridor of 3,200 homes, a large amount of commercial floorspace and associated infrastructure.
We represented clients on the DCO application for A428 Nationally Significant Infrastructure Project. The project proposed the upgrading of the A428 and major junction works, including 16km of new dual carriageway. Our work included advising on strategy, reviewing and settling representations, representation at the Planning Inspectorate’s examination in public and subsequent advice on compulsory acquisition compensation issues.
We were the legal advisors at an inquiry and acting on the planning agreements on behalf of a major landowner defending the council’s refusal of a residential development consisting of 800 homes in the green belt in the North West of England.
We successfully advised in defending a number of judicial review proceedings in relation to a large supermarket operator in England on the basis of compliance with relevant retail planning policy
Testimonials
"Freeths provide an excellent and top-quality service to me and our mutual clients, benefitting from national coverage and a considerable depth of...
The Legal 500, 2025
"The planning team always provides sensible and sound advice that enables schemes to move forward. The team have a can-do attitude and solution ori...
The Legal 500, 2025
"Teamwork, good turnaround times, clear communication with the client."
The Legal 500, 2025
"Freeths has a very niche planning practice, with energy and enthusiasm."
The Legal 500, 2025
"The team work collaboratively, taking a supportive and proactive approach to appointments. They pride themselves in ensuring that their advice is...
The Legal 500, 2025
"Freeths is an impressive firm. Highly experienced and knowledgeable operators in the planning and environment field, with strength in depth across...
The Legal 500, 2025
"The service level that Freeths provides is very strong. It continually exceeds expectations and is always ahead of schedule."
Chambers & Partners, 2025
"Freeths and the members of the team I have worked with have always been competent and knowledgeable in helping with a wide range of matters."
Chambers & Partners, 2025
"We are very comfortable and happy with our relationship with Freeths. We know that we can trust them with all our legal matters."
Chambers & Partners, 2025
"This team has an extremely wide ranging skill set."
Chambers & Partners
"Very professional, very knowledgeable and worked hard to support us, providing us with prompt advice and a very responsive service overall."
The Legal 500
"The Freeths’ planning team is well led, conscientious, and goes the extra mile for their clients."
The Legal 500
"A close-knit team that works well over differing geographical locations. A wide range of services are on offer and they complement their other tea...
The Legal 500
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Meet the team
Paul Brailsford
Partner, National Head of Planning & Environment
Stephanie Gozney
Managing Associate
Katie Le Boutillier
Senior Associate
Sam Kharabanda Groom
Associate
Contact us today
Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.
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