Martin has specialised in all aspects of planning law for both private and public sector clients for the last 17 years.
Martin has handled a wide range of high profile planning cases, often providing strategic advice at the outset of projects to minimise delay and maximise the prospects of securing a successful consent free from potential challenge.
Martin has acted for a range of developers on regeneration, mixed use, office, retail, leisure, sport and residential developments and for local authorities on major schemes. His experience includes negotiating complex Section 106 and 278 Agreements and framing proposals in line with the need for detailed environmental assessments to accompany planning applications for certain types of scheme.
Martin also has experience of advising on the legal duties and requirements of planning authorities and their standing orders.
The judicial review of the government's changes to the use classes order and new permitted development rights was recently dismissed. The High Court ruled that the changes had been legally enacted, a judgment which Rights: Community: Action is seeking permission to appeal. Although this appeal is unlikely to be successful, until any appeal is resolved, there remains uncertainty around the ability to rely on these new permitted development rights and use classes.
The government considers that better data on land ownership and control is required to achieve its vision for the planning system, improve the development process and increase the public's understanding of who exercises control over land. The government's particular focus is on rights of pre-emption, options and conditional contracts, and it has published a consultation seeking views on how best to improve transparency around them and what additional data should be made public.
The government has published legislation to bring sweeping changes to the Use Classes Order for England, which will take effect on 1 September 2020. References to uses and use classes in the General Permitted Development Order remain as currently defined until 1 August 2021. What will be the impact of these changes on existing and new leases of commercial property and their provisions governing what the premises can be used for?
The mayor of London will soon have the power to determine planning applications of potential strategic importance in Greater London. How the mayor uses this power could have a significant impact on London's built - and political - environment over the next four years.
The government's consultation paper on a new planning policy statement heralds a more positive and constructive approach. Typical of this is a more flexible approach to schemes which are sensible and beneficial in planning terms, but do not have specific support from an adopted development plan.