Sarah Fitzpatrick

This Q&A considers the possible sanctions arising from a conservatory which has been built within 3 metres of a public sewer without the consent of the water undertaker.

This Q&A considers whether the changes made to the Town and Country Planning (Use Classes) Order 1987, SI 1987/764, art 3, para 6(q) are a reference to the new temporary permitted development right under Class AA.

This Q&A considers whether contributions made under section 106 of the Town and Country Planning Act 1990 are caught by state aid rules or whether they are exempt.

This Q&A considers whether a community that wishes to nominate a property as an asset of the community can nominate said property eight weeks prior to the end of the five-year listing period.

This Q&A deals with the question of whether a developer can make an application for a minor amendment under the Town and Country Planning Act 1990 (TCPA 1990), s 96A to amend a prior approval of permitted development.

This Q&A looks at whether a Grampian condition can be imposed in respect of works which require planning permission in their own right.

This Q&A considers the meaning of occupier in the context of section 297 of the Highways Act 1980 (HiA 1980).

This Q&A considers whether an agreement made under section 106 of the Town and Country Planning Act 1990 can include an obligation to transfer part of the land directly to a third party (who is not a party to the agreement) for example, a parish council.

This Q&A considers whether local planning authorities can accept outline planning applications with parameter plans marked as illustrative.

This Q&A considers whether the financial consequences of planning decisions on local businesses can be regarded as material considerations and whether economic pressures on a particular industry be regarded as material considerations.

This Q&A considers whether a private heritage railway falls within the definition of statutory undertaker in section 126 of the Building Act 1984.

This Q&A considers whether the Limitation Act 1980 applies to the enforcement of agreements made under sections 38 and 278 of the Highways Act 1980.

This Q&A considers whether the trigger event in paragraph 1 of Schedule 1A of the Commons Act 2006 (CoA 2006) (applications for planning permission to be determined under section 70 of the Town and Country Planning Act 1990) also applies to applications for planning permission determined under previous legislation (eg, the 1947 and 1971 Town and Country Planning Acts) and an application for planning permission by a local authority eg under the Town & Country Planning General Regulations 1992?

This Q&A considers how can local authorities can comply with regulation 4(b) of the Neighbourhood Planning (Referendums) Regulations 2012 in light of the current coronavirus (COVID-19) restrictions.

This Q&A considers change of Use, Class E, existing permissions and limitations.

This Q&A considers whether, in the case of an application for reserved matters which has been submitted and refused within the three-year period under section 92 of the Town and Country Planning Act 1990, a further application for reserved matters can be submitted outside the three-year period.

This Q&A looks at whether a permission can permit all Class E uses where the description of development on the planning permission refers to a particular use within Class E.

This Q&A considers the circumstances in which a local authority is required to repay section 106 contributions to a developer.

This Q&A considers if any type of a Compulsory Purchase Order (under the Planning Act 2008, Electricity Act 1989, etc) is subject to disclosure rules in terms of evidence, including whether document exchanges between parties should be marked without prejudice.

This Q&A looks at whether a hot take-away food a permitted use in England if it has been carried on for a continuous period of ten years if it is also a dine-in restaurant.