Daniel Scharf Executive

Photograph of Daniel Scharf

Contact Details

“Planning consultant Daniel Scharf has expertise across planning applications, judicial reviews and lawful development certificates.”

The Legal 500 UK 2014
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.

Significant experience 

Built Environment

  • 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 [1999] 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] 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

Expertise

Daniel’s Blog

Custom Builds – an opportunity for developers

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

Stamp Duty Land Tax 3% surcharge ‘Replacement of only or main residence’ and the three-year rules

The higher rates of SDLT are intended to apply to purchases of additional residential properties, such as second homes and buy to let properties.

Consultation on 4th edition of the RICS Code of Practice for service charges in commercial property

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.

Examining the UK’s affordable housing crisis and the methods for solving it

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.