Daniel Scharf Executive
“Planning consultant Daniel Scharf has expertise across planning applications, judicial reviews and lawful development certificates.”
Daniel advises the commercial and residential property teams on the planning status and potential of land and buildings.
Main areas of practice
Daniel specialises in planning, this includes buildings with special status such as those listed for architectural or historic interest, conservation areas and locations in Green Belt, AONB or National Parks. He also assists other departments where the use and value of buildings become relevant such as those owned by estates, companies, or in divorce proceedings.
Daniel prepares and submits applications for planning permission and Lawful Development Certificates and conducts appeals against decisions made by Local Planning Authorities. He conducts appeals against enforcement notices. An important part of his work is in advising on the lawfulness of planning decisions and instructing counsel in statutory and judicial review proceedings. Objections to development proposals are also prepared and lodged on behalf of clients. Daniel has written for the Journal of Planning Law.
- Conducting and appeal and providing the expert planning evidence for hotel on a motorway junction 1995
- Advising on a lawful development certificate case (Panton and Farmer v DETR (1999) 78 P & CR /186  that is the authority for when a period of dormancy does not result in abandonment of an existing, established or lawful use.
- Advising on the case of a lawful development certificate that is the authority that distinguished between ancillary and primary uses (Main vSec of State for the Environment (1999) 77 P&CR  1999
- Advising Wyatt Bros Ltd since 1997 on the planning and legal issues arising from the importation of waste material in the construction of a golf course that demonstrated (through Appeal Court hearing) the inaccuracy of Government advice on the framing of enforcement action and the difficulties (with reference to European case law) in defining waste. 2009
- Conducting training the sessions on planning law and policy for the Welsh Assembly Government (2006 & 2008)
- Conducting training on planning matters for solicitor clients of Landmark (2008)
- Acting for the owner and providing expert planning advice to a public inquiry on the merits of retaining a shark sculpture in the roof of his house in Oxford 2002
With the Government keen to encourage a more mixed approach to housebuilding, developers should be looking to capitalise on the duty of local planning authorities to grant permissions for plots to meet the demand for self and custom builds.
Related Knowledge & Resources
The higher rates of SDLT are intended to apply to purchases of additional residential properties, such as second homes and buy to let properties.
On 25 October, the Royal Institution of Chartered Surveyors (RICS) issued a consultation on the 4th edition of the RICS Code of Practice: Service charges in commercial property.
In an article for Lexis PSL Elaine Allen, legal director at Blake Morgan, examines issues currently facing the British housing sector, what the government is doing to combat the housing crisis and how effective the proposed solutions could be.