Permission in principle definition

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Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges

Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges Introduction Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the decision taken was unlawful. Most planning decisions can be challenged through an application to the High Court for judicial review (see Practice Note: Planning judicial review). However, there are instances where the relevant statutory regime governing a particular decision or action expressly prevents the decision or action from being challenged in court, including via judicial review, other than by way of a statutory application. In other words, the relevant legislation will expressly state that a particular action or decision cannot be challenged except in accordance with a specific statutory provision. Such challenges are known as statutory reviews or statutory challenges. This Practice Note focuses on the provisions for applications for statutory planning review (commonly referred to as ‘applications’ rather than ‘claims’ although the terms are used interchangeably), which in a planning context comprise: • applications under section 287 of the Town and Country Planning Act 1990 (TCPA 1990) in respect of the validity of simplified planning zone schemes and certain highway and other orders • applications under TCPA 1990, s 288 in respect of the validity of certain planning

Permitted development in Wales

Permitted development in Wales Planning permission is required for the development of land. 'Development', which is defined in the Town and Country Planning Act 1990, s 55 (TCPA 1990), comprises: • operations affecting land, and • changes of use of land Operational development includes building operations, engineering operations, mining operations and other operations (see Practice Note: Operational development). A change of use of land will require planning permission only if the change of use is material (see Practice Note: Material change of use). The Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (GPDO) allows some development to be permitted without the need to obtain planning permission. GPDO, SI 1995/418, Sch 2 grants planning permission for 'permitted development'. This includes: • development within the

Procedural requirements for environmental statements and decisions on EIA applications

Procedural requirements for environmental statements and decisions on EIA applications Legislation From 16 May 2017 onwards, EIA in respect of town and country planning matters is governed by: • the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the English EIA Regulations) in England, and • the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 SI 2017/567 (the Welsh EIA Regulations) in Wales together the 'EIA Regulations'. The EIA Regulations transpose into English and Welsh law the changes made by Archived Directive 2014/52/EC to Archived Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as they had effect immediately before IP completion day, in so far as they govern town and country planning matters. See Practice Note: Directive 2014/52/EU on environmental impact assessment and Planning analysis: New Environmental Impact Assessment Regulations made for more background. Derived from EU law, the EIA Regulations were made pursuant to the European Communities Act 1972 (ECA 1972), which was repealed from 31 January 2020 (Exit Day) by the European Union (Withdrawal) Act 2018 (EU(W)A 2018). However, the repeal of ECA 1972 was subject to specific savings provisions in the European Union (Withdrawal Agreement)

Planning fees

Planning fees Planning-related fees are charged so that developers, rather than taxpayers in general, meet the costs incurred by local planning authorities (LPAs) in determining planning applications. Planning fees are set by government nationally; LPAs have no discretion over the set fees. The fees charged for each category of development broadly reflect the work an LPA has to do to process an application. Which applications require a fee? Fees for planning applications and related advice is set out in legislation: • the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 in England (the 2012 Regulations), SI 2012/2920, and • the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015, SI 2015/1522 in Wales These regulations set out different categories of development, and the fee that the LPA will require to determine an application under each category. Fees may be payable for applications for: • pre-application services (in Wales) • pre-application advice from the Secretary of State about making an application for planning permission under section 62A of the Town and Country Planning Act 1990 (TCPA 1990) directly to the Secretary of State where the LPA has been designated for having a poor record of performance • pre-application advice from a Mayoral development corporation or an urban development corporation in respect of

Permission in principle

Permission in principle What is permission in principle (PiP)? The data-ln-csis="274768" data-ln-lnis="5JVN-B9D1-DYCN-C3DC-00000-00">Housing and Planning Act 2016 (HPA 2016) introduced PiP, a type of automatic consent for housing-led development allocated in an adopted local plan, neighbourhood plan, or local brownfield register. The provisions came into force on 13 July 2016. The result of PiP, together with a grant of technical details consent, is a grant of full planning permission. Section 58A of the Town and Country Planning Act 1990 (TCPA 1990) enables PiP to be granted for housing-led development of land in England. Section 58A(2) expressly excludes development consisting of the winning and working of minerals from the possibility of a grant of PiP. The explanatory notes to the HPA 2016 and the Planning Practice Guidance (PPG) state that the government’s intention is that the particulars that can be granted PiP are limited to the location, the uses (which must be housing-led) and the amount of development. TCPA 1990, s 59A makes provision for PiP to be granted in two ways: • on allocation in plans and registers, and • on direct application to the local planning authority (LPA) Section 59A(10)(b) requires the LPA to hold a register of all permissions in principle for land in their area whether they are generated on allocation in local plans, registers or granted on

Coronavirus (COVID-19) news & analysis—July & August 2021

Coronavirus (COVID-19) news & analysis—July & August 2021 This table contains an archive of news and analysis on coronavirus (COVID-19) and coronavirus developments that has been published within various Lexis®PSL Practice Areas in July & August 2021. 30 August–5 September 2021 Date News Analysis Brief description of News Analysis 3 September 2021 Civil Justice Council publishes annual report for 2019-2020 LNB News 03/09/2021 41 The Civil Justice Council (CJC) has published the annual report for 2019 to 2020. The report highlights the unprecedented year due to coronavirus (COVID-19) and how remote hearings have helped to modernise and reform the court system. The report summarises the CJC’s activities and reports throughout 2019 to 2020. 3 September 2021 EU and AstraZeneca reach agreement on coronavirus (COVID-19) vaccine supplies LNB News 03/09/2021 37 The EU and AstraZeneca have reached an agreement on the delivery and supply of coronavirus (COVID-19) vaccines to the EU. The settlement agreement reached by the parties details that 135 million doses of AstraZeneca vaccines will be delivered to the EU by the end of 2021. This will be broken down in 60 million doses by the end of Q3 2021 and 75 million by the end of Q4 2021. An additional 65 million vaccines have been agreed to be delivered by the end of March 2022. This brings the overall number of vaccines

TCPA 1990 practical guidance index

TCPA 1990 practical guidance index This index links to practical guidance dealing with the key provisions of the Town and Country Planning Act 1990 (TCPA 1990), on a section-by-section basis. Part III—Control over development Meaning of development Section Practical guidance TCPA 1990, s 55 — Meaning of ‘development’ and ‘new development’ Operational development Material change of use Planning issues in demolition Permitted development in England Operation of the Use Classes Order in England Local Development Orders Operation of the Use Classes Order in Wales Applying for planning permission—procedure Works to trees, tree preservation orders and trees in conservation areas Permitted development rights and the prior approval system Permitted development in Wales Planning case tracker—2020 [Archived] The statutory test for section 106 agreements and interaction with Community Infrastructure Levy (CIL) Environmental impact assessment—screening and scoping Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid Environmental impact assessments—key points Planning due diligence—reporting on planning permissions—checklist Planning conditions—key points Demolition for construction lawyers Enforcement notice appeals and challenges Lawful development certificates Agricultural buildings and land: permitted development rights The planning regime for decommissioning nuclear facilities in England

Guardianship applications in Scotland—pre-application matters

Guardianship applications in Scotland—pre-application matters This Practice Note summarises the issues to consider before making an application to appoint a welfare and/or financial guardian for an adult over the age of 16 in Scotland under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000). For information on the court process for making an application, see Practice Note: Guardianship applications in Scotland—court process. For information on the legislative framework of making an application, see Practice Note: Adults with Incapacity (Scotland) Act 2000. When should a guardianship application be considered? When an adult becomes mentally incapacitated and is unable to manage their own welfare and financial affairs and if there is no power of attorney in place. What is a guardianship order? A ‘guardianship order’ is a court appointment which authorises a person to take action or make decisions on behalf of another adult with incapacity. A guardianship order can be in relation to property and financial matters or personal welfare or both—see Practice Notes: Financial and property guardianships—Scotland and Welfare guardianships—Scotland. An application can also be made to vary or renew an existing guardianship order. Intervention order An application can be made for an intervention order. This is appropriate for circumstances where authority is needed for a one-off event/action and is appropriate for financial and welfare matters. The

Determining planning applications—procedure

Determining planning applications—procedure Legislation and guidance The statutory requirements relating to the determination of planning applications are set out in: • the Town and Country Planning (Development Management Procedure) (England) Order 2015, data-ln-csis="346390" data-ln-lnis="5FKK-X051-F16W-C0S8-00000-00">SI 2015/595 in England (the England DMPO), and • the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, SI 2012/801 in Wales (the Wales DMPO) In England, guidance on determining planning applications is set out in Planning Practice Guidance. Validity of a planning application On receipt of a planning application the local planning authority (LPA) must determine whether the application is valid. The submission of a valid application for planning permission requires: • a completed application form • compliance with national information requirements • the correct application fee • provision of local information requirements LPAs should acknowledge receipt of a valid application. If the application is deemed invalid, the LPA should set out its reasons. Once a valid application is received, the application is placed on the planning register. The determination process should be commenced as soon as the application is validated. The time period from application to decision begins the day after a valid application and the correct fee (where applicable) have been received. Delay in the validation of a planning application If the LPA considers that insufficient information has been provided in a planning application to make a decision, it can ask the applicant for additional information. Any additional information

Determining planning applications—priority of the development plan

Determining planning applications—priority of the development plan Statutory requirement to have regard to the development plan in planning application decisions When considering an application for planning permission or permission in principle, section 70(2) of the Town and Country Planning Act 1990 (TCPA 1990) states that the decision-maker must have regard to: • the provisions of the development plan, so far as material to the application • a post-examination draft neighbourhood development plan, so far as material to the application • any considerations relating to the use of the Welsh language, so far as material to the application • any local finance considerations, so far as material to the application • any other material considerations If a decision-maker fails to take account of relevant considerations or has taken into account irrelevant considerations, the decision is at risk of being quashed. As was clarified by Lord Hoffmann in Tesco Stores v Secretary of State for the Environment, the question of whether something is a relevant consideration is one of law, but the weight to be given to any relevant consideration is a matter for the decision-maker, with which the court will only interfere on the grounds of Wednesbury irrationality. This Practice Note focuses on how decision-makers must take the development plan into account, the assessment of any conflict with the development plan and key cases where this has been examined. This Practice

View the related q&as about Permission in principle

Does the trigger event in paragraph 1 of Schedule 1A to the Commons Act 2006 (applications for planning permission to be determined under section 70 of the Town and Country Planning Act 1990) also apply to: 1) applications for planning permission determined under previous legislation (eg, the 1947 and 1971 Town and Country Planning Acts)? 2) an application for planning permission by a local authority eg under the Town & Country Planning General Regulations 1992?

Does the trigger event in paragraph 1 of Schedule 1A to the Commons Act 2006 (applications for planning permission to be determined under section 70 of the Town and Country Planning Act 1990) also apply to: 1) applications for planning permission determined under previous legislation (eg, the 1947 and 1971 Town and Country Planning Acts)? 2) an application for planning permission by a local authority eg under the Town & Country Planning General Regulations 1992? The Commons Act 2006 (CoA 2006) contains the mechanism for the application for, and the registration of, town and village greens. Registration protects these spaces for the benefit of local inhabitants, so that they can continue to enjoy sports and pastimes on such spaces in the future, free from the risk of development. However, the legislation became to be viewed as a means of thwarting legitimate development proposals. Amendments made by the Growth and Infrastructure Act 2013 (GIA 2013) therefore provided exceptions to the ability to apply for town or village green registration; where a 'trigger event' occurs application cannot be made, although if a 'terminating event' subsequently transpires then application may again be made. Trigger events under the Commons Act 2006 CoA 2006, s 15 is entitled 'Registration of Greens' and came into force in England on 6 April 2007.

Can the financial consequences of planning decisions on local businesses be regarded as material considerations and can economic pressures on a particular industry be regarded as material considerations?

Can the financial consequences of planning decisions on local businesses be regarded as material considerations and can economic pressures on a particular industry be regarded as material considerations? Can the financial consequences of planning decisions on local businesses be regarded as material considerations? data-ln-csis="274768" data-ln-lnis="4ST8-6180-TWPY-Y14M-00000-00">Section 70(2) of the Town and Country Planning Act 1990 states: ‘In dealing with [an application for planning permission or permission in principle] the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.’ Section 38(6) of the Planning and Compulsory Purchase Act 2004 states: ‘If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.’ There is a long line of case law on what constitutes ‘material considerations’. A summary is as follows: • whether or not a particular consideration is material is a matter of law for the court: Tesco Stores Ltd v Secretary of State for the Environment • local or national policies cannot make relevant what would otherwise be irrelevant: R (Wright) v Resilient Energy Severndale Ltd • subject to Wednesbury unreasonableness, it is for the decision maker to decide what weight to give a material consideration: Bolton

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