Rosalind Andrews

This Q&A considers the planning status of a building following a fire, and the availability of permitted development rights for such properties in England.

This Q&A considers TCPA 1990, s 106 in respect of a landowning LPA.

This Q&A considers whether any new permitted development rights are expected to be introduced in 2017.

This Q&A considers the obligations of a local authority when maintaining a list of assets of community value (ACVs), and the restrictions on a landowner when they wish to dispose of an ACV.

This Q&A considers whether there are any mechanisms for a developer to seek repayment of a contribution paid to a local authority pursuant to an agreement entered into pursuant to section 106 of the Town and Country Planning Act 1990 where the local authority have not used the monies for the purpose specified in the agreement.

This Q&A considers whether a developer can seek repayment of a sum paid to a local authority for open space, which was made pursuant to local policy and not by way of planning condition.

This Q&A considers whether a gate can be erected under permitted development rights which would obstruct public access to a highway.

This Q&A discusses local authority’s statutory duties when habitation of a property in its area occurs before the final Building Control Certificate/Certificate of Completion of Works has been issued.

This Q&A considers what ancillary uses an outbuilding within a residential curtilage can be used for, without breaching planning control.

This Q&A considers whether new land can still be registered as common land under the Commons Registration Act 1965 in non-pioneer areas.

This Q&A considers whether a party to a section 278 Highways Act 1980 agreement need to have an interest in land.

This Q&A considers whether an agreement under HiA 1980, s 38 has to be accompanied by a bond.

This Q&A considers landowner statements made under CoA 2006, s 15A made before a landowner sells the property.

This Q&A considers the Local Highways Authority’s discretion to enter into a Section 278 Agreement where planning permission has been granted for the development.

This Q&A considers if planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a TEN to open for longer hours than those permitted in the planning permission.

This Q&A considers the stage the construction of a dwelling must reach for that dwelling to benefit from permitted development rights allowing construction of a porch.

This Q&A considers whether works carried out in line with pre-commencement conditions contained in a planning permission, which is later quashed, will need to be reversed.

This Q&A considers whether a contract conditional on planning entered into by a landowner and a developer is a legal interest for the purpose of a section 106 agreement.

This Q&A considers whether a negatively worded pre-implementation planning condition requiring a section 106 agreement to be entered into is lawful.

This Q&A considers whether conditional contracts, option agreements, and promotion agreements are interests in land for the purposes of a section 106 agreement.