Acuity Law

This Q&A looks at whether criminal sanctions for unauthorised works to a listed building pass to a successor in title once the property is sold.

This Q&A considers at which stage a Traffic Regulation Order (TRO) should be progressed as part of the process of securing the adoption of roads under an agreement under section 38 of the Highways Act 1980 where an associated planning consent requires the TRO to be implemented, and the developer is required to complete the associated traffic order works.

This Q&A looks at whether a freehold owner can dig under their garage to create an underground space without obtaining planning permission.

This Q&A considers whether there is any legal mechanism to avoid the consequence whereby an agreement under section 25 of the Highways Act 1980 (HiA 1980) (known as a 'public path creation agreement') becomes a highway maintainable at public expense as a consequence of HiA 1980, s 36(2)(d).

The Appeal is considered ‘de novo’. The Inspector’s consideration of the Appeal will thus be a fresh and objective decision although the submissions of the parties will be taken into account.

This Q&A looks at whether a plan accompanying a section 106 application has to be the same as an application site plan, or whether it can be restricted to those areas where the obligations will take place.

This Q & A considers what options are available to a Highway authority where a very heavy vehicle is causing excessive damage to a lightly used road.

This Q&A considers where a route is diverted that is yet to be put onto the definitive map, whether a diversion order under section 119 of the Highways Act 1980 automatically adds the route to the definitive map, or is an order under section 53 of the Wildlife and Countryside Act 1981 needed to subsequently add it to the map.

This Q&A considers if there are any circumstances under which a planning approval can be tied to a specific applicant and not transferable with the land.

This Q&A considers whether a council could lawfully enter into a a dedication agreement with the landowners and agree to maintain the road, given that the road is already a highway ie dedicated.

This Q&A looks at whether there is a prescribed width for a public right of way.

This Q&A considers whether the statutory powers available to Highway authorities to take action against those damaging the highway extends to infrastructure such as bridges.

This Q&A deals with the question of barn conversions in the green belt into dwellings within the terms of paragraph 150(d) of the National Planning Policy Framework, and planning requirements where a structurally unsound barn must be demolished prior to conversion.

This Q&A considers whether highway authorities permit under any licensing regime slurry umbilical systems where pipes need to be laid across a highway to reach other farmland, ramps will be in place, and signage erected to protect the pipe and to allow road users to move over the pipe.

This Q&A considers what a developer can do if they are unable to comply with conditions of an extant planning permission as well as what challenges a local planning authority may be subject to.

This Q&A considers the process for bringing prosecution in the magistrates’ court, for the offence of contravening a breach of condition notice under section 187 of the Town and Country Planning Act 1990 (TCPA 1990), by a local authority.

This Q&A considers what mechanism is available to the Highway authority (under section 133 of the Highways Act 1980), to recover expenses incurred in reinstating the footway of a street following an adjoining landowner creating an unauthorised dropped kerb which has to be remediated.

This Q&A considers when the three-year period begins on a planning permission granted subject to a time limiting condition for implementation.

This Q&A looks at the meaning of 'open space' in the context of advertising a proposal to appropriate land which 'consists of or forms part of an open space' under section 232(4) of the Town and Country Planning Act 1990.

This Q&A consider section 278 of the Highways Act 1980 agreements and their necessity to undertake work to create a new access.