No quick fixes

Halabi and Planning Advisers

An investor, an entrepreneur, or a wealthy landowner might be surprised and frustrated to hear that there is rarely, if ever, a definitive answer to the question how long will it take to obtain planning permission.

As an example, if you want to take an existing building, change it by adding some extensions and change what you use it for, it is very difficult to advise on how long it would take to obtain the necessary permissions from the Local Planning Authority (LPA), so that you are in a position to employ contractors to carry out the work and proceed to occupying the building.

The planning legislation, despite being around for over 60 years and despite undergoing major changes this decade, still appears to provide no quick fixes.

One of the frustrations which can be said to exist with the current system is the lack of any direct economic, social or environmental benefits to an LPA to spur into delivering purely commercial and private development schemes at any speed.

Democracy at local level appears to be driven by ‘NIMBYism’ and local politics with no ‘real’ or ‘financial’ penalty for the delay in delivering schemes.

The action taken by Aukett Fitzroy Robinson (architects advising on the redevelopment proposal for a six-star hotel at the former Naval & Military club at 100 Piccadilly, and the ‘In and Out Club’), against their client the Syrian entrepreneur Simon Halabi for unpaid fees, has met with the response on behalf of Simon Halabi that the architects were too slow in delivering planning permission.

The decision anticipated in July will be interesting if it shows whether claims can be laid at the door of the professional advisers.

Jay Das is principal at Matthew Arnold & Baldwin LLP

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