Planning

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We are one of the largest planning teams in the UK with over 30 specialist lawyers. We are motivated by a passion to help to create exceptional places and environments and deliver essential infrastructure to meet the UK's demographic and development needs.

Planning shapes every aspect of our lives. The buildings and environments in which we live, work, shop, play and educate the next generation have all been created through commercial enterprise, consultation and the exercise of political power by our elected representatives through the planning system.

Alongside our expertise in real estate we are also leading specialists in energy & infrastructure consenting.

Working for many years across a full range of development and infrastructure sectors gives us deep industry experience and perspective so that we can deliver clear and practical advice on fast-moving projects. We have assisted our clients with obtaining planning permissions and other consents for some of the UK’s largest and most complex schemes.

Our expertise spreads across urban regeneration, housing, retail, data centres, industrial and logistics, hotels and leisure, surplus land and energy and infrastructure. Our aim for every development is to ensure that our client obtains implementable, flexible, bankable and fit-for-purpose consents in accordance with their programme.

In the last three years alone, we have helped our clients to secure planning permissions for:

  • Over 24,000 new homes
  • Over 8m sq. ft. of retail
  • Over 6m sq. ft. of offices
  • Over 4m sq. ft. of industrial
  • 10GW / 1,100 Kms of generation / networks

"It is a large, strong team that works well together on projects, ensuring that work is dealt with carefully and efficiently."

Chambers, 2024

"CMS have very clear and detailed knowledge of planning arguments, legislation and application."

Chambers, 2024

"The team are very pragmatic, with the ability to take an overarching view across a wider project."

Chambers, 2024

"A technically excellent and professional team."

Legal 500

“Clear expertise in their field with a good support network. Their strongest point is that they give very clear advice and do treat the matter personally rather than simply as a remote consultant.”

Chambers, 2017

“They made something very complicated and rushed feel easy. They made it as easy as it possibly could be. As a client, I felt it was a great position to be in."

Chambers, 2016 [Client Quote]
10/11/2023
Driving sustainability in real estate and construction
Contributing to the fight against climate change and creating social value are now priorities for the real estate and construction sectors.   The long-term nature of the built environment means that resilience and sustainability should be considered at every stage if buildings are to be environmentally and socially responsible. This brings both opportunities and challenges for the businesses that create, own or maintain it. They must consider the evolving technical, regulatory and market landscape, to ensure that their investments are future-proofed commercially, as well as environmentally and socially. This section of Bandwidth looks at some of the ESG issues that confront developers and property owners, and how they can incorporate practical solutions into their businesses.
13/12/2023
MEES - are the regulations working?
MEES is a flagship policy to help the UK meet its net zero targets. MEES returns over 50million hits on Google, so it is undoubtedly a widely discussed piece of legislation that should play a major role in reducing the carbon footprint of the non-domestic property stock in the UK. But is there sufficient bite to these regulations? 
Law-Now: Real Estate & Construction Planning
Visit Law-Now for legal know-how and commentary

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23/02/2024
Scottish wildcat group’s challenge to windfarm permission unsuccessful
Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire...
21/02/2024
Introduction to Planning Law (Episodes 1-3)
In this series of Planning Ahead, we address Heritage & Conservation within the Planning System. Over three episodes, Nicola Insley introduces the key concepts planning law, discusses conditions vs s106 obligations and provides an overview of what you might expect from planning decisions, appeals and call-ins.
21/02/2024
Renewable energy consenting series
In this series of Planning Ahead, we discuss the process of consenting for Renewable Energy Developments. Over the course of three episodes, Nicola Insley, and later on Robert Garden, provide an overview of the different Consenting Regimes in the UK, with a particular focus on NSIPs and DCOs as well as key points to keep in mind to avoid application challenges and refusal.
21/02/2024
Heritage and conservation
In this series of Planning Ahead, we address Heritage & Conservation within the Planning System. In particular, Nicola Insley and Josh Risso-Gill discuss the regulatory restrictions placed on listed buildings and conservation areas, amending listed building statuses and what is involved when seeking planning permission where listed buildings are impacted. 
21/02/2024
Environmental Impact Assessments (EIA)
In this series of Planning Ahead, we discuss Environmental Impact Assessments (EIA). Nicola Insley and Kathryn Nolin provide an overview of EIAs, the typical problem areas (including how to address them) and the crucial information that is needed in any given impact assessment.
21/02/2024
Green belt
In this series of Planning Ahead, we focus on the Green Belt. Over three episodes, Nicola Insley and Josh Risso-Gill discuss the purpose of the Green Belt, the controls on development within these areas and provide details of what developers can achieve with Green Belt developments.
21/02/2024
Use Classes
In this series of Planning Ahead, we focus on Use Classes. Over three episodes, Nicola Insley and Mark McMurray provides an overview of Use Classes in England post-2020 and the current Use Classes & Permitted Development Rights in Scotland & England.
21/02/2024
Changing planning permissions
In this series of Planning Ahead, we look at amending Planning Permissions. In particular, Nicola Insley looks at how you might amend a permission and is joined in the final episode by Charles Banner KC to discuss how the recent Hillside judgement has changed case law on this topic. 
21/02/2024
Biodiversity Net Gain (BNG)
In this series of Planning Ahead, we look at Biodiversity Net Gain (“BNG”). Over three episodes, Nicola Insley introduces this new requirement, provides an overview of how BNG will be delivered through units and credits and the challenges that may be faced from the implementation of BNG. 
21/02/2024
Affordable Housing
In this series of Planning Ahead, we look at Affordable Housing. Join us to see Nicola Insley provide an overview of affordable housing and, in the final episode, discuss the relationship of Affordable Housing and ‘alt resi-de­vel­op­ments’ with Martin Evans. 
21/02/2024
Highways
In this series of Planning Ahead, we look at Highways. Join us to see Nicola Insley provide an overview of Highways both in England and Scotland (alongside Erin Crawley), along with a discussion of Stopping Up orders and their impact on property rights. 
20/02/2024
MEES - why are local authorities failing to enforce?
The UK government has a continued drive and commitment to reach net zero emissions by 2050. Yet as highlighted in the first of this series of publications, “MEES – are the regulations working?” the risk of MEES enforcement is low. Against a hotly discussed political backdrop, why is it that local authorities are continually failing to enforce the MEES regulations? Left alone, the existing approach serves to undermine the UK’s net zero strategy.