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What We Do / Planning

Planning
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"The team of "personable" lawyers at Carson McDowell enters the rankings to client recommendation of its "very sound, helpful advice and extremely efficient service." It advises national and international clients on retail and housing developments. The team secured Coca-Cola planning permission for a £53 million bottling facility in the Green Belt outside Lisburn in County Antrim, and advised Tesco on several planning applications across Northern Ireland, including new stores in Londonderry and Banbridge. Lawyers also handle contentious planning matters including judicial reviews, inquiries and appeals. For example, it advised Seaport Investments on a judicial review challenge to the lawfulness of the draft Northern Area Plan on grounds of non-compliance with European law."

Source: Chambers 2010

Planning

Over a decade ago, Carson McDowell recognised the need amongst its diverse client portfolio to deliver specific and tailored advice in the specialist area of planning law. In the years that have followed, the volume and complexity of planning legislation , planning case law and indeed, planning issues in general, has increased dramatically.

An example of this is the recent judicial challenges which Carson McDowell's Planning Team instigated on behalf of a number of clients against multiple draft area plans in Northern Ireland. These landmark cases involve issues of both national and international law and are the first of their kind in Europe.

Whilst planning teams are commonplace in major law firms in Great Britain they are rarely found on this side of the Irish Sea yet precisely the same planning issues arise in both jurisdictions.

Today, Carson McDowell is one of the few firms in Northern Ireland to have a dedicated Planning Law Team.  The team is headed by Gary McGhee, a Partner with over 14 years experience in planning law. Carson McDowell's Planning Law Team is also unique amongst NI law firms in having an in-house consultant who is a former Chief Commissioner of the Planning Appeals Commission.

John Warke was Chief Commissioner until June 2006 and, in total, a Commissioner of the Planning Appeals Commission for some thirty years. John's wealth of experience brings a new dimension to the range of specialist planning law services which Carson McDowell can offer its clients.

Working closely with the Firm's Environmental Law Team, Carson McDowell offers an integrated and highly specialised service to companies and individuals alike seeking assistance in the area of planning law.

What We Do

Set out below are just some of the areas in which Carson McDowell's Planning Law Team provides specialist, practical and strategic advice:

  • The instigation and defence of judicial reviews of planning decisions;
  • The preparation
of planning and roads agreements;
  • Representation of clients at area plan inquiries and planning appeals;
  • Option agreements and conditional contracts;
  • The co-ordination of major planning applications;
  • Advice on comprehensive development legislation;
  • Advice on the form, content and lawfulness of environmental impact statements;
  • Advice on planning conditions and lawful amendment of applications;
  • Making, opposing and monitoring of applications for planning permission;
  • Advice on planning gain issues;
  • Advice on areas of special control including legislation and case law relating to conservation areas, listed buildings and historic monuments;
  • Advising on all aspects of planning legislation, jurisprudence and planning process.


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    For more information, contact:

    Gary McGhee
    John Warke
    Grant McBurney
    Simon Turbitt