We offer advice relating to planning permission for developments as well as general planning law.
From small windfall sites to large mixed development sites, we draft and negotiate s106 agreements and unilateral undertakings. This may be acting for the local authority as a landowner when securing planning permission; in conjunction with planned disposal of sites; or on behalf of councils as statutory service providers to secure contributions for highways, education affordable housing and community purposes.
Our expertise spans the planning appeals process including drafting appeal statements, the preparation of proofs, advice and advocacy for clients at public inquiries
As a strategic legal services partner and advisor to a large County Council, we’re in a unique position to advise on the Community Infrastructure Levy and Waste and Minerals.
We advise on EIA development and recently advised on a potential Judicial Review with regards to Town and Country Planning (Environmental Impact Assessment) Regulations.
We rapidly and efficiently evaluate issues concerning village greens, common land, listed buildings and conservation areas.
We offer end-to-end advice on Compulsory Purchase Orders. At inception, Invicta works with clients to establish the powers to promote a CPO, write the necessary reports and advise on the internal decision-making process. We’re frequently invited to draft the CPO itself and documents such as Side Roads Orders, and also advise on how to deal with objections, the public inquiry, implementation of the CPO, related property transactions and compensation issues.
We draft and negotiate highways agreements including s278 (to facilitate works on existing highways) and s38 (which provide for the dedication of new estate roads as public highway).
On a broader level we also provide general highway law advice from simple public rights of way issues to enforcement. And if enforcement is required, we work closely with our colleagues in the Dispute Resolution and Regulatory Legal Team who will draft notices and then carry out any necessary advocacy.
Stopping up of land is another mainstay of our lawyers’ work, whether requested by landowners or through our clients. We’ll handle everything: investigating whether the land is highway, carrying out consultations, preparing our clients for a court hearing, advocacy and securing the stopping order itself.
Our final area of specialism is Traffic Regulation Orders (“TROs”) including both traffic and parking TROs. We have recently advised upon the implementation of map-based TROs to be standardised across the county of Kent and advise upon the drafting of Public Path Orders.