Projects

As well as legal expertise, large projects involving significant infrastructure call for strategic decision making and the ability to co-ordinate a complex series of procedural building blocks in order to bring the project to fruition. Both Kate and Carolyn have particular experience in managing or working as part of the teams involved in complex planning projects which are often overlaid with highway and rights of way matters.

Since 2015 the firm has coordinated the legal planning process for CEG’s city centre Temple district £350 million mixed use development where on-site work has started in Leeds South Bank. The planning permission granted in October 2018 (supported by a complex Section 106 Agreement drafted by LB & Co) was acknowledged as one of the largest mixed-use permissions in the country in 2018 and involved a team comprising some 30 consultancies. LB & Co have now been instructed by CEG on the same basis to promote a wider regeneration scheme, centred on funding the stabilisation of and bringing back into use internationally important but ‘at risk’ Grade I Listed Temple Works. This will be one of the most significant city centre regeneration schemes in the country, comprising some 27 acres adjacent to Leeds train station and the terminus for HS2. The 2020 budget announced funding to catalyse the potential for a new British Library North to be located at Temple Works.

The firm undertakes work for national and local housebuilders including Persimmon Homes, Countryside Properties and Strata Homes and developers including CEG, GMI, Litton Properties and Sterling Capitol as well as SMEs, charities and heritage organisations. The firm advised the vendors on complex planning legal aspects of a city centre site which attained a new city-wide high in purchase price for a brownfield redevelopment site.

Over the last few years, LB & Co has increased its role as planning legal adviser to a major rail freight operator, DB Cargo (UK) Limited, including extensive advice relating to rail freight facilities in the London Boroughs and input to the New London Plan. In 2019 the firm completed long-running advice on Herten Triangle, a significant extension to Lakeside sub-regional leisure park for Willmott Dixon and Doncaster Metropolitan Borough Council. The firm is instructed on a strategic mixed-use development for over 43 ha of employment land and around 1700 new homes and supporting infrastructure in South Yorkshire, and by another developer for a significant office development on a site at an M1 Junction.

Carolyn and Kate’s combined experience covers the entire spectrum of planning and related areas of law, and includes:

• A long-standing involvement (from 1995 and continuing) with the complex land assembly and public/private sector partnership for the Clay Cross town centre regeneration scheme in North East Derbyshire. This CPO scheme is anchored by a 60,000 sq ft (5570 sq m) Tesco and includes a medical centre, retail parade, new bus station and innovative public art. It also involved obtaining consents to clear the site of 100,000 cubic metres of colliery spoil.
• Co-ordinating the strategic direction of securing Yorkshire Water Services’ planning permissions for all coastal and estuarine waste water treatment works needed by 1998 for compliance with the first round of the 1991 Urban Waste Water Treatment Directive.
• Obtaining the suite of some 40 planning, environmental and infrastructure consents required to bring forward the White Rose Centre, Leeds – a major out-of-town mall – involving specialist aspects of minerals, highways and rights of way law, and formulation of innovative Highways Act agreements.
• Acting for the British Wind Energy Association to promote pre-renewable energy policies in UK development plans.
• Obtaining planning permission and dealing with consents required for the first proposed commercially operated biomass power station, including drafting and co-ordinating its Environmental Statement.
• Obtaining planning permission for Bridgewater Place which was, at the time, Yorkshire’s tallest building
• Obtaining planning permission for Thorpe Park Leeds, a 1.8m sq ft business park in the green belt; negotiating (with the Treasury Solicitor) the complex highway agreements required for all associated motorway and trunk road junctions, and co-ordinating the implementation process from 1994 to 2008.
• Negotiating planning permission and highway agreements for Redhouse Interchange in Doncaster, a prime 81 hectare employment site on the A1.
• Promotion of contentious food and non-food based retail schemes with ‘enabling development’ dimensions.
• Resisting a claimed Byway Open to All Traffic through World Heritage Site, Fountains Abbey and Studley Park, on behalf of the National Trust, including a three-week public inquiry.
• Acting for national house-builders and smaller specialist housing developers on stand-alone residential sites and mixed use development schemes, including the conversion of listed buildings to residential use.
• Advising on leisure projects, including obtaining planning permission for a motor racing circuit and for cinema development (both on appeal).
• Retained to advise on planning applications, infrastructure agreements, appeals and judicial reviews for a national retailer.
• Objecting to Compulsory Purchase Orders and Transport and Works Act Orders on behalf of landowners – and successfully negotiating settlement agreements for a number of landowners in relation to the Leeds Trolley Vehicle System Order and advising on the operation of the Crichel Down Rules.
• Successfully defending judicial reviews of the grant of planning permissions, as well as promoting claims for judicial reviews.
• Promotion of extra care apartments and retirement villages, including a continuing community retirement village in the green belt which was the subject of a public inquiry.
• Advising landowners and local residents on Town and Village Green law and practice.
• Advising on planning sensitive development of listed buildings and in Conservation Areas; protection of heritage assets.
• Advising on enforcement of planning control and Certificates of Lawfulness

Smaller projects can also often involve complex questions of planning law and we are often asked to advise smaller-scale developers. After taking legal advice clients need to determine whether the cost of continued advice and support will be justified by the smaller project’s returns. Please note that although we may provide informal initial advice without charge so that clients referred to us by known intermediaries can assess whether a project is viable, we do not provide any pro bono planning law services.

Testimonials

I have known Carolyn for many years and have always found her to be the consummate professional, an expert in her field.

Most recently, I engaged Carolyn to represent the Club (Walsall FC) in a particularly demanding and unique case, which involved the achievement of an Advertising Consent for Europe’s largest digital screen situated on the M6 motorway, and I can say with real conviction that she faced the challenge head-on, leaving no stone unturned and ultimately pursued the matter to a successful conclusion.

Carolyn has an in-depth working knowledge of Planning Law and coupled with a tenacious and determined approach makes her a leading authority in her discipline. What makes Carolyn stand out from the crowd is her ability to ‘think outside the box’ to achieve a positive outcome.

I would have no hesitation in engaging Carolyn to act on my behalf again in future.

— Jeffrey William Bonser, Chairman and Owner Walsall FC

The fact that Carolyn Lord is still working with us after 25 years of dealing with mainly very long running complex planning appeal/applications is testament to our view of her skills, personality and dogged determination to deliver planning consents.

— Peter Gilman, Chairman, GMI Construction Group PLC

As extremely practical and pro-active lawyers, LB & Co have added value by ensuring compliance and project delivery from their first involvement on Doncaster’s long-awaited leisure scheme at Lakeside. They have been an invaluable resource and sounding board for the project. They have helped the Council navigate through the whole development process, identifying issues and providing practical solutions.

— Simon Maxton, Regeneration and Development Manager at Doncaster Metropolitan Borough Council

Carolyn Lord is well versed in advising on major development projects. Sources say she is an "excellent strategist" and "formidable operator" who is "good at dealing with complex planning applications."

— Chambers and Partners 2020

Their attention to detail and ability to derive a project is terrific. They have a really pro-active approach – they identify problems but also suggest solutions.

— Chambers Client Testimonial

Kate Butterfield assists clients with planning applications, appeals and compulsory purchase orders. Sources note that "she reacts to situations promptly."

— Chambers and Partners 2020

Kate’s strength is being able to explain complex planning legal arguments to clients and helping clients understand the legal requirement, putting their mind at ease.

— Chambers Client Testimonial

They are superb. They provide quality, clear, expert legal advice and are always on hand to respond promptly and efficiently.”

— Chambers Client Testimonial

Contact

Gardenhurst in Headingley Conservation Area