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PLANNING IN THE UK AHEAD OF THE CURVE

Planning in the UK Ahead of the curve in innovative planning

TYPOGRAPHY TO BE ADDED TO COVER ONCE KEY MESSAGE IS DISCUSSED Bryan Cave Leighton Paisner LLP

Contents

Introduction...... 01 Planning is a cornerstone Introduction Our expertise extends across all of Bryan Cave Leighton Our team was the first stand-alone Planning and development sectors: ...... 02 Paisner’s practice. Environment practice in the City of more than 30 years ago. Today we have 42 specialist planning At a glance ...... 04 Our team’s focus is on lawyers providing advice to clients across the UK on anticipating risks against a Expertise the most significant UK planning schemes. constantly evolving legal Our expertise covers: ...... 05 Ranked the number one Planning legal team in the legal and policy background and Case study: Major Investor ...... 06 directories for over 15 years, our team has been involved navigation of consenting in the biggest and most innovative development and Our Track record...... 08 and related processes to infrastructure schemes in the UK, including , One, the Olympic Park, the “Walkie Talkie” Key Team Members...... 10 meet your commercial and the Dome. Indeed, our work on the Thames Tideway objectives. I give you my Tunnel won the “Best Planning Project of the Year” award assurance that we will and “Overall Silver Jubilee Cup” at the RTPI Planning deliver for you. Excellence Awards 2015. Tim Hellier As you will see in this brochure, we have unparalleled Partner, Head of Planning and Zoning UK experience of handling highly complex schemes whether it concerns London Towers, major infrastructure, retail/leisure/residential driven regeneration, signature schemes and multi arena sports facilities. Our expertise extends to all facets of public law, compulsory purchase, procurement, State Aid, best value and judicial review.

We have the experience and knowledge you need, all under one roof.

Tim Hellier Partner, Head of Planning and Zoning UK

Planning in the UK /01 Bryan Cave Leighton Paisner’s Planning Bryan Cave Leighton Paisner’s Planning

Our expertise extends across all development sectors: Energy Transport Oil/Gas - advising on the promotion Airports - lead planning advisor to Development of major infrastructure e.g. securing Heathrow Airport on proposals for a new a Development Consent Order for runway; secured consent for development Shopping Centres/Mixed-use - lead advisors an underground gas storage facility of Robin Hood airport, Doncaster. to Westfield on its in Lancashire (Halite Energy) and Scheme and subsequent phases, proposals Road - advising on major road schemes development of LNG Terminal in Milford for redevelopment of the , e.g Bexhill to Hastings Link Road for East Haven, Pembrokeshire (Dragon LNG - JV (Westfield/Hammerson JV); also Sussex County Council. between BG Group, Petronas and 4Gas). advising on Westfield Stratford scheme and & HS2 - advising a number of Westfield’s national portfolio. Electricity - advising National Grid on clients on compensation claims arising some of its largest infrastructure projects Housing - extensive experience advising on out of Crossrail and HS2. including Mid-Wales and North Wales both urban housing/residential schemes (e.g. - advised on the electricity connections. Ports and Harbours , Tower Hamlets) and major development of Shell Haven (London Carbon Capture and Storage - advising urban extensions and new settlements (e.g. Sports and Leisure - advising the Olympic Gateway) on the River Thames and also National Grid on the promotion of a DCO Ebbsfleet, Northstowe in Cambridgeshire Delivery Authority on the delivery of the Harbour schemes at Hayle and Poole. and Barking Riverside); advised on numerous for its Humber CCS Project. Olympic Park and other Olympic venues Transport Bodies - advising TfL on a schemes for the Homes and Communities and post games and latterly London wide variety of matters and Highways Agency, Taylor Wimpey and Frontier Estates. Legacy Development Corporation on England in connection with Brent Cross, Town Centre Regeneration - advising on legacy projects; / Cricklewood. some of the most complex schemes in the The Dome. Retail and Leisure UK including CPO driven schemes such as Funds and Property Companies - advising Retail - 25 years of experience advising Liverpool One and Croydon Whitgift. on planning aspects of development Tesco on successful development of its Commercial - advising on major office and and investment for clients which include store network across the entire UK. mixed use schemes such as The Shard, London Blackrock, AXA, Land Securities and Victoria , , Wood Wharf, Two Snow Great Portland Estates. Hill and a number of schemes for Great Lenders - longstanding advisors to Portland Estates and Land Securities. RBS and Barclays on planning and real estate matters.

Public Sector Local Authorities - Local Authorities that we have advised include include Liverpool City Council, Bracknell Forest Council and Crawley Borough Council. Universities - Universities we have advised include include University of Cambridge, University of and UCL. Hospitals/Healthcare - Acted for Royal Sussex County Hospital.

Logistics - wide experience advising in respect of storage and distribution uses, including work for Pro-Logis and Access Storage.

Water Water supply - advising on promotion of major water infrastructure e.g. Abberton Reservoir for Northumbrian Water. Wastewater - advising on the most complex waste water infrastructure projects in the UK including Thames Tideway Tunnel for Thames Water and Brighton and Hove Wastewater Treatment Works for Southern Water.

04/02/ PlanningBLP’s Planning in the UK PlanningBLP’s inPlanning the UK /05/03 At a glance Expertise

At a glance The following facts and figures provide a quick introduction to Bryan Cave Leighton Paisner and our Planning team

Strong culture based around mutual support and shared experience that is brought to each one of our project teams.

WINNER 1st

We had the first standalone Eight times winner of ‘Law We are ranked in the top five Planning practice in London, Firm of the Year’ in a decade; most innovative law firms in established over 30 years ago. more than any other firm. Europe by the Financial Times.

We invest heavily in client We have been ranked #1 service, resulting in 92% Principal planning advisor to by all leading legal directories key client loyalty. Tesco for >25 years. for over a decade.

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35 dedicated lawyers At the RTPI Planning Excellence Awards 2015 for our work on including 5 Partners in the UK. Thames Tideway Tunnel.

04/ Planning in the UK Planning in the UK /05 Expertise

Our expertise covers: Promotion of development Rights of light Mainstream planning matters Across all planning and public law processes, Overriding rights of light can be critical to Vast experience advising on mainstream They are top-class and including where necessary appeals and realising development potential. We have planning matters such as Section 106 and inquiries. successfully advised on use of special powers Highways Agreements, defending Town & Village top-drawer. They are (‘Section 237’) in the and Green applications, rights of way and knowledgeable, responsive to Infrastructure / Development elsewhere. highways matters. client needs and have a deep Consent Orders pool of resources and the We have been at the forefront of harnessing Judicial Review / Legal Challenge Due Diligence/Transactional support the infrastructure planning regime and have Vast experience advising on legal challenges Working closely with our leading Real Estate ability to get the job done. secured DCO’s for some of the most complex across all planning procedures, both defending and Corporate teams, we bring the benefit of Chambers and Partners UK, 2018 and controversial schemes in the UK. and challenging planning decisions at all tiers of our vast development expertise to our planning the UK and EU courts. and environmental DD work, Compulsory purchase which further enhances our commercial All aspects of the CPO process including CPO Community Infrastructure Levy and focussed approach. compensation. Advised on all aspects of this complex and ever evolving regime including strategies for Environmental consents, regulations Parliamentary minimising exposure to CIL and maximising and liabilities Advising on defensive strategies and discounts. We have a team of leading environmental compensation for landowners arising out of experts advising on matters such as promotion of Bills including EU State Aid and Procurement environmental consents, contaminated HS2 and Crossrail. These are increasingly relevant areas of EU law land, waste, producer responsibility and in the context of major development proposals environmental litigation. EIA and we have wide experience advising on Highly methodical and cost effective approach strategies to minimise risk. Freedom of Information to legal risk review of environmental statements Responding to freedom of information requests and other key planning application documents Section 233/marriage value and proceedings before the Information coupled with very successful record defending Advising on legal implications of Section 233 Commissioner and First Tier and Upper clients against legal challenges. Town and Country Planning Act 1990 in the Tier Tribunal. context of land transfer arrangements between Nature conservation / Habitats local authorities and developers. An increasingly fertile area for legal challenge in which we advise on all aspects including appropriate assessment and related processes.

Heritage They have real strength and depth, We have a deep understanding of heritage and a broad, impressive client base. issues in the planning system and have the Chambers and Partners UK, 2017 advantage of a former member of English Heritage (now Historic England) working within our team.

06/ Planning in the UK Planning in the UK /07 Bryan Cave Leighton Paisner’s Planning

Case study: Challenge Solution - controlling risk, time The Outcome Major investor We advised on the planning application and money. A successful outcome was achieved on process, promotion of compulsory purchase At the early stages of a project, it is critical all procedures, enabling the project to Based on promotion of mixed use and of stopping up orders, section 237 to get the fundamentals right. We brought progress towards implementation. Aligning town centre regeneration scheme powers to override rights of light, defending a the wealth of our experience across all a very substantial CPO in the slipstream we have recently advised on. judicial review of the planning permission and development sectors to stress test legal of a planning application process resulted responding to various Freedom of Information risk and develop a programme. To facilitate in an accelerated programme that met requests. The challenge was navigating these this, we led a horizon scanning exercise that the client’s commercial objectives. This overlapping procedures in a legally robust way, tests a range of issues which we know can was a considerable achievement given the facing a number of well-resourced objectors, slow-down or de-rail a project if they are not complexity of the site and the existence of whilst ensuring a realistic and commercially anticipated and handled effectively and well-resourced objectors seeking to slow acceptable programme was achieved. up-front in the process. down the process for negotiation purposes. They’re brilliant to work with Having tested the project from all angles, A summary of the issues encountered and an because of their knowledge we were able to move forward with a indication of timescales is set out below. of the planning system. synchronised programme which aligned the The service level stands various procedures. The depth in our team ensured we had the right level of resource out and they have amazing throughout the project. depth on the planning team. Chambers and Partners UK, 2018

Key Milestones:

Q1 + 2 Q3 + 4 Q5 + 6 Q7 + 8 Q9 + 10 Q11 + 12 Q13 + 14 Q15 + 16 Q17 + 18

• Horizon scan legal risk • Planning application • Advised on strategy to commercial • Freedom of information • CPO made • Joint CPO and • Confirmation of CPO • Advice on CPO • Start on site. • Planning application submitted. objections to the planning application requests received and • Judicial review of planning SUO Inquiry. • Recommendation compensation and document set up • CPO strategy including and threats of judicial review. appealed by the requestor permission successfully to make SUO blight notices. solutions on: • Input to the Planning Committee Report to the Information defended in High Court. • Progressed scheme • Advice on potentially Commissioner Office (ICO). • Advice on scheme ambiguous planning - EU procurement rules • Grant of planning permission and • Freedom of information refinements (section 73 revisions through section policy issues. - ‘section 233’ (best completion of section 106. • Judicial review of planning Act requests successfully and 96A). 73 and s96A applications. consideration/marriage application issued by objector. resisted in proceedings • Land drawdown under • Advice on strategy for value considerations). • Preparations for CPO commenced section 106 obligations • Final preparations for before ICO. CPO and vesting. • Advised on negotiation of CPO costs CPO making. • Advice on viability indemnity with local authority. • Preparation of witnesses for CPO SUO Inquiry. assessment and Community • Consideration to section 237/rights Infrastructure Levy. of light issues.

010/08/ Planning BLP’s Planning in the UK Planning in the UK /09 Our track record Our track record

Our Track Record

UK Projects 1• Hull - ING - Mixed Use Scheme 2• Milton Keynes –ING - Mixed Use Scheme 21• Derby - Westfield - Shopping Centre 15 22• Poole Harbour - Poole Borough Council - 3• McArthurGlen - Designer Outlets - 12 Harbour Development Scheme 6 (1) York (2) Cheshire Oaks (3) Swindon 11 8 (4) Ashford (5) Bridgend (6) Livingston 23• Isle of Wight -Wightlink Ferries - Ferry 9 2 5 Services to Isle of Wight 13 4• Abberton, Essex - Northumbrian 5 6 4 16 Water - Reservoir 24• Bexhill to Hastings - East Sussex County 3 7 1 5• , Victoria Square - Department Council - Link Road 10 14 for Social Development - Retail/leisure scheme 25• Two , - Hines plc - Office Development Scheme 6• Hayle - ING Real Estate Harbour 3 Revision Order London 6 7• Preesall, Lancashire - Halite Energy - 1 Underground Gas Storage • Woolwich Town Centre - Tesco - Mixed Use Scheme 8• Liverpool One - Grosvenor Estates and Liverpool City Council - Retail led 2• Walkie Talkie, Fenchurch St - Urban Regeneration Scheme Land Securities - Offices 3• The Shard, London Bridge - Sellar - 9• Liverpool - Liverpool City Council - Housing Market Renewal Program Mixed Use Scheme 5 4• Victoria Transport interchange (Nova) - 10• HS2 London to Birmingham - Various clients Land Securities - Mixed Use Scheme on compensation matters 20 5• Thames Tideway Tunnel - 3 11• West Quay, Southampton - 7 1 Hammerson - Retail Scheme Thames Water - Wastewater Scheme 6• Westfield- White City, Stratford and 9 12• Northstowe, Cambridge - Homes & Community Agency - Housing/Urban Croydon - Retail led Mixed Use Scheme 8 20 Extension Scheme 7• Greenwich Peninsular/Millennium 3 Dome - English Partnerships - Urban 13• Ebbsfleet, Kent- Land Securities - 21 International Station Terminal and Regeneration Scheme Urban Extension Scheme 8• Olympic Delivery Authority - Olympic 20 Park 10 14• Barking Riverside - Land Securities - 25 New Settlement Scheme 9• Scalpel, Lime St - Office Tower 12 15• Bracknell - Bracknell Forest DC - Retail led 10• Heathrow - Heathrow Airport - Urban Regeneration Scheme Proposed New Runway 2 4 16• Winchester - Winchester City Council - Retail 11• Watermark Place, City - Office 19 18 led City Centre Regeneration Scheme Development - UBS 3 3 15 14 17• Brighton - Southern Water - Wastewater 12• Kings Place, Kings Cross - Parabola 13 3 Treatment Works Estates - Office Scheme 3 16 18• Shell Haven, Thurrock - P&O / Shell / DP 13• Crossrail - Compensation matters 11 17 30 World - London Gateway Port Scheme 14• Old Oak Common - Car Giant - Mixed 22 19 Use Scheme • Milford Haven- 4Gas - LNG Terminal 23 20• National Grid - (1) Humber Carbon Capture & 15• Woodberry Down, Hackney - Berkeley Homes - Residential Scheme Storage (2) Mid-Wales Electricity Connection 6 (3) North Wales Electricity Connection 16• London Eye

10/ Planning in the UK Planning in the UK /11 Get in touch

Get in touch About Bryan Cave Leighton Paisner Berwin Leighton Paisner is an award-winning, international law firm. Our clients include over 50 Global Fortune 500 or FTSE 100 companies. Our global footprint of 13 international offices has delivered more than 650 major cross-border projects in recent years, involving up to 48 separate jurisdictions in a single case. The Firm has won eight Law Firm of the Year titles, TIM HELLIER CHRISTIAN DRAGE SARAH FITZPATRICK is independently ranked by Chambers and the Legal Partner, Head of Planning and Zoning UK Partner, Planning and Zoning UK Partner, Planning and Zoning UK 500 in over 65 legal disciplines and also ranked in T: +44 (0)20 3400 4243 T: +44 (0)20 3400 4947 Tel: +44 (0)20 3400 2605 ‘the top 10 game changers of the past 10 years’ by [email protected] [email protected] [email protected] the FT Innovative Lawyers report 2015.

Expertise • Antitrust & Competition • Commercial • Construction • Corporate Finance • Dispute Resolution • Employment, Pensions and Incentives • Energy and Natural Resources • Finance JAMES GOOD TIM SMITH Partner, Planning and Zoning UK Partner, Planning and Zoning UK • Insurance Tel: +44 (0)20 3400 4381 T: +44 (0)20 3400 4613 • Intellectual Property [email protected] [email protected] • Investment Management • Private Client • Projects and Infrastructure • Real Estate • Regulatory and Compliance • Restructuring and Insolvency • Tax

12/ Planning in the UK Bryan Cave Leighton Paisner’s Planning

Getting in touch About Bryan Cave Leighton Paisner When you need a practical legal solution for Berwin Leighton Paisner is an award-winning, your next business opportunity or challenge, international law firm. Our clients include over please get in touch. 50 Global Fortune 500 or FTSE 100 companies. Our global footprint of 13 international offices has London delivered more than 650 major cross-border Bryan Cave Leighton Paisner LLP projects in recent years, involving up to Adelaide House, London Bridge 48 separate jurisdictions in a single case. London EC4R 9HA The Firm has won eight Law Firm of the Year titles, is independently ranked by Chambers and the Legal Tim Hellier 500 in over 65 legal disciplines and also ranked in [email protected] ‘the top 10 game changers of the past 10 years’ by T: +44 (0)20 3400 4243 the FT Innovative Lawyers report 2015.

Expertise • Antitrust & Competition • Commercial • Construction • Corporate Finance • Dispute Resolution • Employment, Pensions and Incentives • Energy and Natural Resources • Finance • Insurance • Intellectual Property • Investment Management • Private Client • Projects and Infrastructure • Real Estate • Regulatory and Compliance • Restructuring and Insolvency • Tax

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016/ BLP’s Planning