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Lanyon Bowdler LLP

Contributions by Lanyon Bowdler LLP Experts

20

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?
Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?
Q&As

As planning committees have to politically balanced, does this mean that an independent councillor cannot sit on the committee?
As planning committees have to politically balanced, does this mean that an independent councillor cannot sit on the committee?
Q&As

Can a decision notice for advertisement consent that has been granted in error be subsequently modified?
Can a decision notice for advertisement consent that has been granted in error be subsequently modified?
Q&As

Can a developer who has entered into an agreement under section 278 of the Highways Act 1980 with a highway authority, bring a claim against the authority, where the authority has failed to comply with its obligations in the agreement (eg to approve certain elements of the highway works within certain timescales)? Would such a claim be for breach of contract and would the damages which flow from the breach (such as the extra costs of having had a contractor on site for far longer than anticipated) be recoverable in the usual way?
Can a developer who has entered into an agreement under section 278 of the Highways Act 1980 with a highway authority, bring a claim against the authority, where the authority has failed to comply with its obligations in the agreement (eg to approve certain elements of the highway works within certain timescales)? Would such a claim be for breach of contract and would the damages which flow from the breach (such as the extra costs of having had a contractor on site for far longer than anticipated) be recoverable in the usual way?
Q&As

Can local planning authorities (LPAs) use plans submitted for planning applications for other purposes, for example plans for enforcement? If so, can the LPA amend those plans?
Can local planning authorities (LPAs) use plans submitted for planning applications for other purposes, for example plans for enforcement? If so, can the LPA amend those plans?
Q&As

Do the provisions in the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the Regulations), SI 2020/757, reg 3(2)(b) extend to new Article 4 directions that were made during the 'material period', but which, due to mitigating the risk of compensation provisions, would fall to be confirmed outside of the material period? The Regulations, SI 2020/757, reg 3(2)(b) only appears to apply during the material period and does not extend to confirmation.
Do the provisions in the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the Regulations), SI 2020/757, reg 3(2)(b) extend to new Article 4 directions that were made during the 'material period', but which, due to mitigating the risk of compensation provisions, would fall to be confirmed outside of the material period? The Regulations, SI 2020/757, reg 3(2)(b) only appears to apply during the material period and does not extend to confirmation.
Q&As

Do the time limits for taking enforcement action under the TCPA 1990, s 171B apply to the LPA’s power to issue a notice under the TCPA 1990, s 215?
Do the time limits for taking enforcement action under the TCPA 1990, s 171B apply to the LPA’s power to issue a notice under the TCPA 1990, s 215?
Q&As

Does the principle in the case of I'm Your Man Ltd v Secretary of State for the Environment, that a planning permission is permanent unless an express temporary condition is imposed, only apply to changes of use or can it apply to a permission for operational development such as a dwelling?
Does the principle in the case of I'm Your Man Ltd v Secretary of State for the Environment, that a planning permission is permanent unless an express temporary condition is imposed, only apply to changes of use or can it apply to a permission for operational development such as a dwelling?
Q&As

For land compensation following confirmation of a compulsory purchase order, what is the time period within which a claimant must submit an application to the Lands Chamber (Upper Tribunal) where land compensation cannot be agreed with the acquiring authority?
For land compensation following confirmation of a compulsory purchase order, what is the time period within which a claimant must submit an application to the Lands Chamber (Upper Tribunal) where land compensation cannot be agreed with the acquiring authority?
Q&As

How are the entry provisions in section 26 of the Caravan Sites and Control of Development Act 1960 to be interpreted? Do officers have a right of entry unless it is specifically refused and provided it is at a reasonable hour? Or does an officer need consent to obtain entry and if that is not given, then must the officer give 24 hours’ notice?
How are the entry provisions in section 26 of the Caravan Sites and Control of Development Act 1960 to be interpreted? Do officers have a right of entry unless it is specifically refused and provided it is at a reasonable hour? Or does an officer need consent to obtain entry and if that is not given, then must the officer give 24 hours’ notice?
Q&As

If a piece of land is included within the red line boundary of an extant planning permission and is bound by the accompanying section 106 agreement, can a purchaser of this piece of land submit a fresh planning application and enter into a new section 106 agreement? Would the parties to the original section 106 agreement need to enter into the variation?
If a piece of land is included within the red line boundary of an extant planning permission and is bound by the accompanying section 106 agreement, can a purchaser of this piece of land submit a fresh planning application and enter into a new section 106 agreement? Would the parties to the original section 106 agreement need to enter into the variation?
Q&As

If there is a planning condition which requires 'no development unless...', eg a works programme or details of materials to be used etc, and these are not provided or met, but the permission is implemented and the development occupied, would this invalidate the original permission?
If there is a planning condition which requires 'no development unless...', eg a works programme or details of materials to be used etc, and these are not provided or met, but the permission is implemented and the development occupied, would this invalidate the original permission?
Q&As

Is there any case law on a whether a Chapel of Rest can be seen as Class A1 when it is ancillary to the use of a funeral directors?
Is there any case law on a whether a Chapel of Rest can be seen as Class A1 when it is ancillary to the use of a funeral directors?
Q&As

Under the Hedgerows Regulations 1997, SI 1997/1160, reg 6(1)(e), the removal of hedgerows is permitted where planning permission has been granted. Does this include outline planning permission?
Under the Hedgerows Regulations 1997, SI 1997/1160, reg 6(1)(e), the removal of hedgerows is permitted where planning permission has been granted. Does this include outline planning permission?
Q&As

Under the Town and Country Planning (Use Classes) Order 1987, when would an accountant's practice (or any other professional practice) be considered anything other than use within class A2?
Under the Town and Country Planning (Use Classes) Order 1987, when would an accountant's practice (or any other professional practice) be considered anything other than use within class A2?
Q&As

What powers does a Local Authority have to remove privately-owned trees which are bordering a highway which is in the process of being widened and it has transpired that to do this would involve damaging the roots of the trees which would make those trees dangerous? It appears that the only remedy available is a further compulsory purchase order or compensation to the landowners. The landowners are not in agreement as they want the trees to remain but the project cannot be completed without the removal of the trees.
What powers does a Local Authority have to remove privately-owned trees which are bordering a highway which is in the process of being widened and it has transpired that to do this would involve damaging the roots of the trees which would make those trees dangerous? It appears that the only remedy available is a further compulsory purchase order or compensation to the landowners. The landowners are not in agreement as they want the trees to remain but the project cannot be completed without the removal of the trees.
Q&As

When a planning permission has been granted subject to section 106 being prepared, but in the interim a new material consideration materialises, it is accepted that specific material consideration should be determined however who should be consulted? Is it just those that are affected by the new material consideration?
When a planning permission has been granted subject to section 106 being prepared, but in the interim a new material consideration materialises, it is accepted that specific material consideration should be determined however who should be consulted? Is it just those that are affected by the new material consideration?
Q&As

When calculating liability for community infrastructure levy, existing ‘in use’ buildings that will be demolished for the new build can be offset. How can ‘in lawful use’ be defined in respect of outbuildings/sheds etc? Can these be included on a demolished area and how do they prove to be ‘in use’? Can all outbuildings be included regardless of what they are storing and whether they have foundations/doors?
When calculating liability for community infrastructure levy, existing ‘in use’ buildings that will be demolished for the new build can be offset. How can ‘in lawful use’ be defined in respect of outbuildings/sheds etc? Can these be included on a demolished area and how do they prove to be ‘in use’? Can all outbuildings be included regardless of what they are storing and whether they have foundations/doors?
Q&As

When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree protection measures cannot be addressed at reserved matters stage?
When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree protection measures cannot be addressed at reserved matters stage?
Q&As

Where a local authority is proposing to dispose of land in reliance on the General Disposal Consent 2003, should the valuer they instruct to assess the undervalue amount be independent, or could the valuer be an inhouse local authority valuer?
Where a local authority is proposing to dispose of land in reliance on the General Disposal Consent 2003, should the valuer they instruct to assess the undervalue amount be independent, or could the valuer be an inhouse local authority valuer?
Q&As

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