Oliver advises clients on a wide range of commercial property matters bringing his expertise in planning law to bear and finding practical solutions to what can appear intractable problems. Oliver practiced exclusively as a planning lawyer both in the commercial sector and in-house, before widening his expertise to commercial property on his return to private practice in 2015.
Oliver works in partnership with landowners, developers and investors helping them to implement strategic planning solutions that protect and enhance land and property assets. Throughout his time in practice, Oliver has also provided strategic planning advice to local authority in-house planning teams and to other public sector bodies.
Experience and approach
Oliver has a detailed understanding of the legal intricacies and politics surrounding the planning process. He is a member of the Planning Law Consultation board for Practical Law.co.uk.
His unique experience gives him a detailed understanding of the planning framework that allows him to outline a clear roadmap for his clients, from preparing a planning application all the way through to appeals and final determination.
His approach focuses on appraising his clients’ negotiating positions to enable them to achieve successful planning applications that are robust and stress-free.
- negotiating s106 agreements for landowners under promotion agreements/ their own development proposals prior to sale;
- acting to obtain a CLEUD for a European motocross champion for continued use of motorbike track at his home in East Sussex;
- advising on lawfulness of an LPA requiring s106 variation and successfully avoiding this; and
- background planning law support to residential and commercial property colleagues on property transactions.
Commercial property expertise
- negotiating a contract for the £5m sale of land with deferred consideration and overage;
- acting for an SME developer in acquisition and refinancing of development sites in Tunbridge Wells;
- advising on multiple leases of B8 warehousing for a drinks distributor and the agreement for lease and lease of its first retail venture in Hackney in East London;
- negotiating an option over part of an estate and sale with overage over the remainder;
- acting on the purchase with overage of a school building for redevelopment.
What Oliver’s clients say
“I contacted Rix & Kay with a fairly complex and long winded query which was acknowledged and understood immediately. We were working to a tight deadline, however, Oliver submitted a report in an impressive timeframe and was easy to digest and understand. Some very helpful advice and information was provided. I would definitely contact Rix & Kay again for any further corporate or commercial legal advice”.
Ms F, corporate client
“We have worked with Oliver on a couple of different matters, including one which was very urgent with a very tight timescale. We have been very happy with the service provided from the whole process of requesting a quotation for the work through to completion, and really appreciated the proactive approach to chase us up when there were deadlines involved! I would certainly have no hesitation in recommending Rix and Kay to anyone”.
Helen Williams, Director, Studor Limited
“Oliver’s planning law expertise guided us round some potential pitfalls, resulting in a certificate of lawfulness over our rural property. Throughout the process we found him attentive to the detail within the bigger picture and always very approachable”
Mr & Mrs S, private clients
Advising a private developer on planning inquiry and s106 agreement
Oliver advised a major landowner who was seeking planning consent on appeal following refusal by a District Council. Oliver negotiated with the District and County Councils and brought a multi million pound section 106 agreement (including affordable housing) to the ongoing planning inquiry. The proposals were consented following completion of the section 106 agreement.
Strategic s106 programme for London Borough of Redbridge
Oliver worked in partnership with London Borough of Redbridge’s in-house legal team to support the first ever implementation of Community Infrastructure Levy in England. Oliver project-managed and completed a large volume of s106 agreements within a very short time frame which ensured that Redbridge’s position as consenting authority was protected.
We are approaching the tenth anniversary of the community infrastructure levy (CIL) coming into force and further reforms to the system have been made in…
Oliver Bussell considers the dangers of taking a lease where the permitted use of land is not clear. If you are a looking to become…
“When it’s unlawful”, is the simple answer to that odd-sounding question. Ok, it’s not a difficult riddle to invent but the story behind it is…
Pre-commencement conditions on planning permissions are the fly in the ointment of development consent. “You can start work!”, they proclaim, before turning around, Columbo-style and…
You need to act if you have received a planning enforcement notice A client recently protested to me about enforcement measures with an impassioned, “it’s…
Will further changes to the National Planning Policy Framework (NPPF) hinder smaller sites and their prospect of gaining planning consent?
The final version of the new National Planning Policy Framework (NPPF) was finally published at the end of July. In draft form it had required…
As some readers will know you can remove a condition from a planning permission, by making a “section 73 application” to the local authority, paying…
A client of mine recently pulled out of a commercial property purchase following clear misrepresentations made by the seller’s solicitors. These related to unpaid rents…
This case (judgment handed down on 10 May) concludes a long line of cases about whether ‘relevant policies for the supply of housing’ in para…
Even for a lawyer, the legal test for having a compulsory purchase order (CPO) confirmed can look quite eye-watering. A promoter must make “a compelling…
It’s another straw in the wind but landowners of small and medium sites should take note of the decision in Secretary of State for Communities…
Interesting news in the Queen’s speech for property developers and house-builders – there are plans afoot to reduce the use of pre-commencement planning conditions! Those…
Outline An important planning decision was handed down by the Supreme Court earlier this year in the case of R (Champion) v North Norfolk District…